The purpose of this chapter is to describe the authority and responsibilities of the city staff and appointed officials in the administration of this development code.

(Ord. 182 § 2 (part), 1997)

As provided by state law (Government Code Section 65100), the Murrieta city planning commission, director, and development services department (referred to in this development code as the department) shall perform the functions of a planning agency.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

The following review authorities shall make decisions on the procedures authorized by this development code, and as identified in Table 4-1:

   A.   City council;

   B.   Planning commission;

   C.   Director.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

(Ord. 422 § 5, 2009; Ord. 182 § 2 (part), 1997)

   A.   Appointment. The director shall be appointed by the city manager.

   B.   Duties and Authority. The director shall:

      1.   Have the responsibility to perform all of the functions designated by state law (Government Code Section 65103) (Planning Agency Functions);

      2.   Have the responsibility and authority to grant applications for all administrative permits and approvals issued by the department, in compliance with Table 4-1;

      3.   Perform other responsibilities assigned by the council;

      4.   Be able to defer action on a decision subject to the director's authority and refer the application to the commission;

      5.   Perform the duties and functions as prescribed in this development code, which include the review of development projects, in compliance with state law (Government Code Section 65901 et seq.), Table 4-1 (Approval Authority and Public Hearing Requirements) and the California Environmental Quality Act (CEQA); and

      6.   Delegate the responsibilities of the director to department staff under the supervision of the director.

   C.   Supervision. The responsibilities of the director may be temporarily relegated to a designated department staff person in the following manner:

      1.   The responsibilities of the director may also be carried out by department staff under the supervision of the director; and

      2.   When the director designates a department staff person to act in place of the director, the staff person shall perform the duties assigned by the director in addition to those listed above, as appropriate to the personnel title of the staff designee.

 

   A.   For matters that are considered to have special significance or impact, the director may refer the items to the commission for determination.

   B.   A decision of the director may be appealed to the commission. A decision of the corn mission may be appealed to the council (see Chapter 16.78).

   C.   Minor changes to an approved project may be approved in compliance with Section 16.80.070 (Changes to Approved Projects).

   D.   Accessory dwelling units may be developed in compliance with Section 16.44.160 (Accessory Dwelling Units).

   E.   Minor Conditional Use Permits shall be subject to the director's review process and referral to Planning Commission as described with Section 16.52.020.B.2 (Authority to Approve Minor Conditional Use Permits) through B.4 (Director's Decision on Minor Conditional Use Permits).

   F.   Tentative Residential Parcel Maps shall be subject to the director's review process and referral to Planning Commission as described with Section 16.94.140.A (Authority to Approve or Deny Residential Tentative Parcel Maps through 16.94.140.F (Disapproval of Residential Tentative Parcel Maps.

   G.   Certain Development Plan Permits shall be subject to the director's review process and referral to Planning Commission as described within 16.56.025.B.1 (Authority to Approve Development Plan Permits) through 16.56.025.B.3 (Director's Decision on Development Plan Permits).

(Ord. 556 § 17, 2020; Ord. 367 § 7 (part), 2006; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to provide procedures for filing applications for permits and other discretionary approvals and the process for determining completeness.

(Ord. 182 § 2 (part), 1997)

A prospective applicant or agent is encouraged to request a pre-application conference with the department be-fore formal submittal of a permit application. The purpose of this conference is to inform the applicant of city requirements as they apply to the proposed development project, review the procedures outlined in the development code, explore possible alternatives or modifications, and identify any necessary technical studies relating to future environmental review. Neither pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or disapproval of the application/project by the department representative(s). An appropriate fee(s) shall be charged for the pre-application conference in compliance with the council's fee resolution.

(Ord. 182 § 2 (part), 1997)

Requests for permits, licenses, appeals, amendments, approvals, and other discretionary actions required or allowed by this development code, shall require that a city application form filled out in its entirety be submitted to the department. In addition, other materials, reports, dimensioned plans, or other information required to take an action on the application, as identified in this chapter and application checklist, shall be submitted with the application. The application checklist of required items for each type of application is available as a handout at the department. It is the responsibility of the applicant to ensure that all required information is provided.

(Ord. 182 § 2 (part), 1997)

   A.   Determination by Director. Applications shall not be processed in compliance with this development code before the determination by the director that the application is complete.

   B.   Completed Application. A completed application shall consist of:

      1.   The application form with all applicable information included on, or attached to, the form;

      2.   Other information or forms required for implementation of the California Environmental Quality Act (CEQA) in compliance with city and state guidelines for the implementation of CEQA;

      3.   A statement indicating that the applicant is the owner of the property or is the legal representative of the property owner(s);

      4.   If the application requires a public hearing, a list of the names and addresses of all owners of the property in compliance with Chapter 16.76 (Public Hearings);

      5.   Payment in full of the required fees and/or deposit for processing the application, in compliance with the council's fee resolution;

      6.   Other information required by the director; and

      7.   An application for variance or minor variance shall include evidence to substantiate the basis for approval, in compliance with Section 16.72.040 (Findings and Decision).

(Ord. 182 § 2 (part), 1997)

   A.   Notification of Applicant. Within thirty (30) days of the filing of the application, the applicant shall be in-formed by a letter in compliance with state law (Government Code Section 65943), either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.

   B.   Expiration of Application. If a pending application is not able to be deemed complete (e.g., not accepted as complete by the city) within one hundred eighty (180) days after the first filing with the department, the application shall expire and be deemed withdrawn. The director may grant one one hundred eighty (180) day extension. A new application, including fees, plans, exhibits and other materials which will be required to commence processing of any project on the same property, may then be filed in compliance with this development code.

   C.   Appeal of Determination. Where the director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the director is not required, the applicant may appeal the determination, in compliance with Chapter 16.78 (Appeals).

   D.   Time Extension. The applicant and the city may mutually agree to extend the thirty (30) day time limit in order to provide adequate time to properly evaluate the application for completeness, in compliance with state law (Government Code Section 65943 (d)).

   E.   Additional Information. The department may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 16.48.090 (Environmental Review), below.

(Ord. 182 § 2 (part), 1997)

The council shall, by resolution, establish, and from time to time amend by resolution, a schedule of fees and costs for permits, licenses, appeals, amendments, and approvals required or allowed by this development code to reimburse the city for all costs incurred as the result of its administration of this development code.

(Ord. 182 § 2 (part), 1997)

The filing date of an application is the date a land use entitlement application is accepted as complete for processing.

(Ord. 293 § 1 (part), 2004: Ord. 182 § 2 (part), 1997)

   A.   Director. Where review authority rests with the director for projects being processed in compliance with this development code, and one or more related cases with review authority vested at the commission or council are being processed concurrently, the review authority for all permits, licenses, and approvals shall rest with the commission or council, respectively, and the director's review shall be in the form of a written recommendation to the commission or council.

   B.   Commission. Where review authority rests with the commission for projects being processed in compliance with this development code, and one or more related cases with review authority vested at the council are being processed concurrently, the review authority for all permits, licenses, and approvals shall rest with the council, and the commission's review shall be in the form of a written recommendation to the council.

(Ord. 182 § 2 (part), 1997)

Permits, licenses, or approvals shall not be granted in compliance with this development code before the completion and/or certification of applicable environmental documentation in compliance with the California Environmental Quality Act (CEQA) and the city's environmental review guidelines.

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to provide for and protect lands for which Williamson Act contracts have been or should be signed. Allowed land uses are limited to agricultural crop production, grazing, and limited sales of agricultural products.

(Ord. 182 § 2 (part), 1997)

Applications for the cancellation, establishment, expansion, or other amendments to a land conservation con-tract, established in compliance with state law (California Land Conservation Act of 1965 (Williamson Act)), may be made only by the city, the property owner(s). or authorized representative (s).

(Ord. 182 § 2 (part). 1997)

The following conditions shall exist to quality for an agricultural preserve contract in compliance with the Land Conservation Act of 1965:

   A.   Agricultural Use. The agricultural use of the subject property is consistent with the objectives, policies, general land uses. and programs of the general plan and any applicable specific plan:

   B.   Agricultural Production. The subject property has been under agricultural production for a minimum period of five years before the date of application for the contract;

   C.   Minimum Acreage. The subject property shall consist of a minimum often acres wider single or joint ownership; and

   D.   Contract Length. The minimum contract length is ten years.

(Ord. 182 § 2 (part), 1997)

   A.   Director's Recommendation. Upon the acceptance of a completed application. the director shall review the application for compliance with the provisions of this development code and state law (Government Code Section 51200 et seq.). The director shall prepare a written recommendation and forward the recommendation, application, and other relevant materials to the city clerk.

   B.   For the Establishment or Expansion of a Land Conservation Contract.

      1.   Notice and Public Hearing. The city clerk shall notice and the council shall conduct a public hearing and take action upon the application, in compliance with Chapter 16.76 (Public Hearings).

      2.   Council's Action. The council shall act to approve, approve with modifications, or disapprove the application in compliance with Section 16.50.030 (Qualifications), above. Action by the council to approve in any form shall be by ordinance.

   C.   For the Cancellation of a Land Conservation Contract.

      1.    City Initiated. The city clerk shall notice and the council shall conduct a public hearing and take action upon a city initiated application, in compliance with Chapter 16.76 (Public Hearings).

      2.   Property Owner Initiated. A noticed public hearing shall not be required for the council's consideration of a property owner initiated application.

      3.   Council's Action. The council shall act to approve, approve with modifications. or disapprove the application in compliance with Section 16.50.050 (Findings Required for Cancellations), below. Action by the council to approve in any form shall be by ordinance.

(Ord. 182 § 2 (part), 1997)

The council shall be required to make the following findings of fact before acting to cancel a land conservation contract. The council shall find that the cancellation is:

   A.   Consistent with the purposes of the Williamson Act;

   B.   For land on which a notice of nonrenewal has been served in compliance with state law (Government Code Section 51245):

   C.   Not likely to result in the removal of adjacent lands from agricultural use;

   D.   Not likely to result in discontiguous patterns of development;

   E.   Consistent with the objectives, policies, general land uses. and programs of the general plan and any applicable specific plan: and

   F.   In the public interest.

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to provide a process for reviewing conditional use permit applications which are intended to allow the establishment of uses which are deemed to have some special impact, uniqueness, or effect on the neighborhood surrounding the subject site. The permit application process allows for the review of the location and design of the proposed use, configuration of improvements, potential impact(s) on the surrounding neighborhood, and to ensure that development in each zoning district protects the integrity of that district.

At the time of an application for a conditional use permit, a review of the location, design configuration, and potential impact(s) of the proposed project shall be conducted by comparing the project to established standards. This review shall determine whether the proposed use should be allowed by weighing the public need for and the benefit to be derived from the use against any adverse impact(s) it may cause.

(Ord. 182 § 2 (part), 1997)

   A.   Review Authority. Conditional use permits may be granted in compliance with the following:

      1.   Commission. The commission may grant conditional use permits for any use listed in Article II (Zoning Districts and Allowable Land Uses) as requiring a conditional use permit; and

         d.   For Minor Conditional Use Permits that may have special community impacts or other unique circumstances, the director may refer the application to the commission for review. Noticing for would be provided pursuant to Chapter 16.76 "Public Hearings".

            i.    The notice shall provide that any person notified may submit written comments on the application no later than 10 days after the date of the notice.

            ii.   The notice shall specify that an individual can request a public hearing at the Planning Commission no later than 10 days after the date of the notice.

            iii.   The applicant can request a public hearing at the Planning Commission for review of the decision, or if the decision is for denial, no later than 10 days after the date of the notice.

            iv.   The director shall provide this notice pursuant Chapter 16.76.020 (Notice of Public Hearing) through 16.76.040 (Evidence of Notice). Please Note: The public hearing component of the referred sections would not apply with a Notice of Intent to Approve or Deny.

            v.   This notice shall also be provided to appropriate City Departments.

            vi.   If the last day to file a request for a public hearing falls on a legal holiday recognized by the city or on a Saturday or Sunday, the following business day shall be deemed the last day to file the request.

(Ord. 556 §§ 18, 19, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 486-14 § 2,2014; Ord. 430-10 § 7, 2010; Ord. 427- 09 § 5, 2009; Ord. 412 § 5, 2008; Ord. 408 § 3, 2008; Ord. 293 § 1 (part), 2004; Ord. 227 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)

   A.   Applications. Applications for conditional use permits shall be filed in compliance with Chapter 16.48 (Application Filing, Processing, and Fees).

   B.   Information. Information based on the handout provided by the department.

(Ord. 412 § 6, 2008; Ord. 182 § 2 (part), 1997)

Following a review of the application and public hearing in compliance with Chapter 16.76, the applicable review authority shall act to approve, approve with conditions, or disapprove the conditional use permit. The re-view authority may approve a conditional use permit only if all of the following findings of fact can be made in a positive manner per use type as described below:

   A.   The proposed residential use is conditionally allowed within-the subject zoning district and complies with all applicable provisions of this development code; or

   B.   The proposed non-residential use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code;

   C.   The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan;

   D.   The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored;

   E.   The site is suitable for the type and intensity of use or development that is proposed;

   F.   There are adequate provisions for sanitation, water, and public utilities and services to ensure public convenience, health, safety, and general welfare; and

   G.   The proposed use would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses in the vicinity or adverse to the public convenience, health, safety, or general welfare, or materially injurious to properties and improvements in the vicinity of the subject property.

(Ord. 598-23 § 7, 2023; Ord. 182 § 2 (part), 1997)

In approving a conditional use permit, the applicable review authority may impose specific locational, develop-mental, and operational conditions relating to both on- and off-site improvements (e.g., dedications, easements, public improvements, etc.), as it finds are reasonable and necessary to ensure that the use and development of the property conform with the site plan, architectural drawings, and statements submitted in support of the application or with modifications that would be deemed necessary to protect the public convenience, health, safety, and general welfare.

Additionally, the conditions shall ensure compliance with the objectives of the general plan and any applicable specific plan, the findings required by Section 16.52.040 (Findings and Decision), above, this development code, and to carry out the purpose and requirements of the respective zoning district.

(Ord. 182 § 2 (part), 1997)

The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a conditional use permit:

   A.   Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).

   B.   Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved conditional use permit shall expire three years from the date of approval, unless a permit has been issued or construction of the project is substantially completed before its expiration, in compliance with Chapter 16.80 (Permit Implementation, Time Limits, and Extensions). Time extensions may be granted in compliance with Section 16.80.060 (Time Extension), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the conditional use permit. If the use granted by the conditional use permit has not been exercised before its expiration, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Extensions) shall deem the permit void.

   C.   Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved conditional use permit have been satisfied.

   D.   Changes. Minor changes to required conditions of an approved conditional use permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).

   E.   Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved conditional use permit.

   F.   Suspension/Revocation.

      1.   Issuance of Order. Upon a showing of probable cause by code enforcement staff of a violation of this chapter or the conditions of operations by a conditional use permit holder, the director may issue an order suspending the conditional use permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit holder by first-class U.S. mail and by posting the subject property.

      2.   Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions of operations by a conditional use permit holder, the director shall notify the permit holder and specify how the violation(s) can be remedied and the time frame within which the violations must be corrected. If the permit holder has not remedied the violation(s) in the required time frame, the director may schedule a public hearing to consider the revocation of a conditional use permit to be held by the commission in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.

      3.   Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the conditional use permit, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).

   G.   Run With the Land. The conditional use permit that is valid and in effect, and was granted in compliance with the provisions of this chapter, shall run with the land and continue to be valid upon a change of owner-ship of the land or any lawfully existing structure on the land.

   H.   Expiration of Permit. A conditional use permit shall be considered to have expired if the use for which the permit was granted ceased or was suspended for at least one hundred eighty (180) successive days.

The purpose of this chapter is to provide a process for reviewing development agreement applications which are intended to provide an enhanced degree of certainty in the development process for both the property owner/developer and the affected public agency. State law (Government Code Section 65865) allows local agencies to enter into contractual agreements relating to the intensity, timing, and conditions of development of real properties.

This chapter shall not be construed or applied at any time to require the city to enter into an agreement; more specifically, but without limitation, no amount of preliminary negotiations, preliminary work, or any expenditure of funds shall be a basis for a claim of estoppel or bad faith that would require city approval or implementation of an unexecuted agreement.

The public interest is adequately protected by noticed public hearings before the commission and council and by a specific state law (Government Code Section 65867.5) provision subjecting a development agreement to the people's right of referendum.

(Ord. 182 § 2 (part), 1997)

The council is authorized to approve development agreements. The director and commission shall provide writ-ten recommendations to the council regarding development agreements. A public hearing in compliance with Chapter 16.76 shall be required.

(Ord. 182 § 2 (part), 1997)

   A.   State Law Compliance. The provisions of this chapter shall be fully consistent, and in full compliance, with the provisions of state law (Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing with Section 65864 of the Government Code).

   B.   Discrepancies. In construing the provisions of any development agreement entered into in compliance with this chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this chapter, state law (Article 2.5 of the Government Code, cited above), and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:

      1.   The plain terms of the development agreement itself;

      2.   The provisions of this chapter; and

      3.   The provisions of state law (Article 2.5 of the Government Code, cited above).

(Ord. 182 § 2 (part), 1997)

   A.   Initiation of Hearings. Hearings may be initiated in the following manner:

      1.   Council. The council may instruct the commission to set the matter for hearing;

      2.   Commission. The commission may initiate hearings; or

      3.   Property Owner. The property owner may file an application for a development agreement.

   B.   Owner's Request. An owner(s) of real property may request and apply through the director to enter into a development agreement provided the following:

      1.   The development agreement, if approved, would be in the best interests of the city;

      2.   The status of the applicant as an owner of the property is established to the satisfaction of the director;

      3.   The application is made on forms approved, and contains all information required, by the director; and

      4.   The application is accompanied by all lawfully required documents, materials, and information.

(Ord. 182 § 2 (part), 1997)

   A.   Application. An application for a development agreement shall be filed in compliance with Chapter 16.48 (Application Filing, Processing, and Fees).

   B.   Contents.

      1.   Mandatory Contents. A development agreement entered into in compliance with this chapter shall contain the mandatory provisions (e.g., conditions, requirements, restrictions, and terms) specified by state law (Government Code Section 65865.2 [Agreement contents]); and

      2.   Permissive Contents. A development agreement entered into in compliance with this chapter may contain the permissive provisions (e.g., conditions, requirements, restrictions, and terms) specified by state law (Government Code Section 65865.2 [Agreement contents]).

   C.   Director's Review. The director is authorized to receive, review, process, and prepare, together with written recommendations for commission and council consideration, all applications for development agreements.

   D.   Concurrent Processing and Public Hearings. All development related applications shall be processed and scheduled for public hearing(s) concurrently with the application for a development agreement. When a land use entitlement was previously approved, the approved development information shall accompany the development agreement application as required by the director. The council shall be the final review authority for the development agreement and all associated applications.

   E.   Fees. Processing fees, as established by the council's fee resolution, shall be collected for any application for a development agreement made in compliance with this chapter. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the director in compliance with subsection 16.54.100(A) (Subject to Periodic Review), below.

   F.   Demonstrate Public Benefit. Standard city planning and zoning provisions are available for the processing of normal development projects. However, the city recognizes that in specific and unique situations, it may be in the public's best interest to enter into a development agreement for the benefit of both the public and the developer. An applicant for a development agreement shall provide evidence to demonstrate the public benefits to be provided by the proposed development.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

   A.   Notice of the Hearings. Notice of the hearings shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with state law (Government Code Section 65867).

   B.   Commission Hearing. The director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for a public hearing before the commission in compliance with Chapter 16.76 (Public Hearings). Following conclusion of a public hearing, the commission shall make a written recommendation to the council that it approve, conditionally approve, or disapprove the application with appropriate findings in compliance with Section 16.54.070 (Findings and Decision), below.

   C.   Council Hearing. Upon receipt of the commission's recommendation, the city clerk shall set the application and written report of the commission for a public hearing before the council in compliance with Chapter 16.76 (Public Hearings). Following conclusion of the public hearing, the council shall approve, conditionally approve, or disapprove the application with appropriate findings in compliance with Section 16.54.070 (Findings and Decision), below. It may, but need not, refer matters not previously considered by the commission during its hearing back to the commission for report and recommendation. The commission may, but need not, hold a public hearing on matters referred back to it by the council.

   D.   Adopting Ordinance.

      1.    An ordinance shall be adopted which authorizes execution of the development agreement by the council. The ordinance shall be in compliance with state law (Government Code Section 65867.5) and shall contain the required findings, in compliance with Section 16.54.070 (Findings and Decision), below, and the facts supporting them. It is the responsibility of the applicant to establish the evidence in support of the required findings.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

The council may approve a development agreement only if all of the following findings of fact can be made in a positive manner: The development agreement would:

   A.   Be in the best interests of the city; and

   B.   Be consistent with the objectives, policies, general land uses, and programs of the general plan, any applicable specific plan, and this development code.

(Ord. 182 § 2 (part), 1997)

   A.   Effective Date. The city shall not execute any development agreement until on or after the date on which the ordinance approving the agreement, enacted in compliance with Section 16.54.060(D) (Adopting ordinance), above, becomes effective and until it has been executed by the applicant.

   B.   Agreement Deemed Withdrawn. If the applicant has not executed the development agreement and re-turned the executed agreement to the city clerk within thirty (30) days following the date of council decision to approve the agreement, the development agreement application shall be deemed withdrawn. The council may extend the thirty (30) day period if a written request is filed prior to the expiration.

   C.   Other Permits or Entitlements. The provisions of this chapter shall not be construed to prohibit the director, commission, or council from conditioning approval of a discretionary permit or entitlement on the execution of a development agreement where the condition is otherwise authorized by law.

   D.   Recordation. A development agreement shall be recorded with the county recorder no later than ten days after it is executed, in compliance with state law (Government Code Section 65868.5).

   E.   Repealed by Ordinance 293.

   F.   Referendum. The adopting ordinance may be subjected to referendum in compliance with state law (Government Code Section 65867.5).

(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)

The approval or conditional approval of a development agreement in compliance with this chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA).

(Ord. 182 § 2 (part), 1997)

   A.   Subject to Periodic Review. Every development agreement, approved and executed in compliance with this chapter, shall be subject to periodic review, as specified in the agreement, by the director during the full term of the agreement. Appropriate fees to cover the city's cost(s) to conduct the periodic reviews shall be collected from the applicant/contracting party in compliance with subsection 16.54.050(A) (Application), above.

   B.   Purpose of Periodic Review. The purpose of the periodic review shall be to determine whether the applicant/contracting party or the successor(s)-in-interest has complied in good faith with the terms and/or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or the successor(s) to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the city.

   C.   Result of Periodic Review. If, as a result of a periodic review in compliance with this section, the director finds and determines, on the basis of substantial evidence, that the applicant/contracting party or the successor(s)-in-interest has not complied in good faith with the terms or conditions of the agreement, the director shall notify the commission who may recommend to the council that it order, after a noticed public hearing in compliance with Chapter 16.76 (Public Hearings), the agreement to be terminated or modified.

(Ord. 182 § 2 (part), 1997)

   A.   Property Owner Initiated. A development agreement may be amended or canceled, in whole or in part, by mutual consent of all parties to the agreement, or their successor(s)-in-interest, in compliance with state law (Government Code Section 65868). The requested amendment or cancellation shall be processed in the same manner specified by this chapter for the adoption of a development agreement.

   B.   City Initiated. If the city initiates a proposed amendment to, or a cancellation in whole or in part of, the agreement, the city shall first give written notice to the party executing the agreement of its intention to initiate the proceedings not less than thirty (30) days in advance of the giving of notice of the public hearing to consider an amendment or cancellation. Notice to the property owner(s) shall be given by U.S. mail, with first class postage, addressed to the party at the address last known to the director.  

(Ord. 182 § 2 (part), 1997)

Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement, and construction standards, and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement.

Unless specifically provided for in the development agreement, the agreement does not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the development agreement, nor does a development agreement prevent the city from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations, and policies.

(Ord. 182 § 2 (part). 1997)

Development agreements approved by the council shall be on file with the city clerk.

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to provide a process for reviewing development plan permit applications which are intended to protect the integrity and character of the residential, commercial, and industrial areas of the city, through the application of this chapter consistent with the general plan. At the time of application submittal a review of configuration. design, location, and impact of the proposed use shall be conducted by comparing the use to established standards and design guidelines. This review shall determine whether the permit should be approved by weighing the public need for and the benefits to be derived from the use against the impacts it may cause.

(Ord. 182 § 2 (part), 1997)

   A.   Development plan permit required.

      1.   A development plan permit shall be required under the following conditions:

         a.   Development of vacant property;

         b.   Change in use that requires additional off-street parking;

         c.   Expansion or modification of an existing entitled multi-family or non-residential structure or use not subject to Section 16.80.070; or,

         d.   As may otherwise be required by this chapter.

      2.   Projects meeting the conditions above and subject to Chapter 16.52 (conditional use permits) are not required to process a development plan permit. However, all requirements and findings associated with a development plan permit shall also apply to the conditional use permit.

      3.   Notwithstanding Section 16.56.020.A.1, a development plan permit shall not be required for the following.

         a.   Individual residential development such as a custom, speculative, or relocated single-family residence.

         b.   Accessory dwelling units, Refer to Section 16.44.160 for criteria.

         c.   Single-family residential building additions or residential accessory structures that are less than 1,000 square feet in size.

(Ord. 595-23 § 4, 2023; Ord. 556 § 20, 2020; Ord. 544 § 20, 2019; Ord. 538, Exhibit A (part), 2018; Ord. 430-10 § 8, 2010; Ord. 427-09 § 6, 2009; Ord. 182 § 2 (part), 1997)

      1.   CEQA Exemptions. Development plan permits that are required pursuant to Section 16.56.020.A.l.b, c or d that are statutorily or categorically exempt from the California Environmental Quality Act (CEQA);

      2.   Comprehensive Signs Programs. New or revised comprehensive sign programs pursuant to the standards in Chapter 16.38 (Sign Standards);

      3.   Dwelling Units. Residential construction projects of two (2) to four (4) dwelling units on one (1) parcel, unless otherwise specified in this development code, and in accordance with Chapter 16.08 (Residential Districts):

      4.   Model Home Complex. Temporary model homes and real estate sales offices, to be used solely for the first sales of homes;

      5.   Parking Lots. New construction or expansion of parking lots pursuant to the standards in Chapter 16.34 (Off-Street Parking and Loading Standards);

      6.   Residential Development Site Plan. Site and design plans for development of greater than or equal to five single-family homes in the same single- family residential subdivision;

      7.   Tree Removal. Removal of existing protected trees pursuant to the standards in Chapter 16.42 (Tree Preservation).

         a.   A Multi-Family Residential project proposing 20 percent or more affordable units to low income households located in the Transit Oriented Development Overlay within an area that allows for residential development.

         b.   A Multi-Family Residential project proposing 20 percent or more affordable units to low income households located in the Downtown Murrieta Specific Plan within an area that allows for residential development.

         c.   A Multi-Family Residential project proposed within an area pursuant to State law that allows for residential development under a ministerial objective review process, and that is able to qualify under the applicable State law such as, but not limited to Senate Bill 6, Senate Bill 35 or Assembly Bill 2011.

         d.   Or any combination of the above.

   All decisions of the director are subject to appeal to the commission in compliance with Chapter 16.78, except for projects that are Ministerial Multi-Family Residential, in which case a ministerial Development Plan decision of the Director is not discretionary and shall be final. For projects that may have special community impacts or other unique circumstances, the director may refer the application to the commission for consideration.

Development plan permit applications shall contain the following:

   A.   Completed planning application form and required fee; and

   B.   Information based on the handout provided by the department.

(Ord. 182 § 2 (part), 1997)

Following a review of the application and public hearing in compliance with Chapter 16.76, the director shall act to approve, approve with conditions, or disapprove the development plan permit. The director may approve a development plan permit only if all of the following findings of fact can be made in a positive manner:

   A.   The proposed use is allowed within the subject zoning district and complies with all applicable provisions of this development code;

   B.   The proposed use would be consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan;

   C.   The approval of the development plan permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored;

   D.   The location, size, design, and operating characteristics of the proposed use would be compatible with existing land uses within the general area in which the proposed use is to be located;

   E.   The subject site is physically suitable for the type and density/intensity of the use being proposed; and

   F.   There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public convenience, health, safety, or general welfare.

(Ord. 182 § 2 (part), 1997)

In approving a development plan permit, the director may impose specific development conditions relating to both on- and off-site improvements (e.g., dedications, easements, public improvements, etc.), as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.56.040 (Findings and Decision), above, and to carry out the purpose and requirements of the respective zoning district.

(Ord. 182 § 2 (part), 1997)

The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a development plan permit:

   A.   Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).

   B.   Expiration/Extension. To ensure continued compliance with the provisions ofthis development code, each approved development plan permit shall expire three years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been substantially constructed or a building permit issued before its expiration, in compliance with Section 16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the development plan permit. If the use granted by the development plan permit has not been substantially constructed or a building permit issued before its expiration, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Extensions) shall deem the permit void.

   C.   Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved development plan permit have been satisfied.

   D.   Changes. Minor changes to required conditions of an approved development plan permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).

   E.   Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved development plan permit.

   F.   Suspension/Revocation.

      1.   Issuance of Order. Upon a showing of probable cause by code enforcement officer of a violation of this chapter or the conditions of operations by a development plan permit holder, the director may issue an order suspending the development plan permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit holder by first-class U.S. mail and by posting the subject property.

      2.   Public Hearing. Whenever the director has issued a suspension order, or whenever the director suspects a violation but the requisite showing has not been made, the director shall schedule a public hearing to consider the revocation of a development plan permit to be held by the commission within forty-five (45) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation, and to all ad-joining residents and property owners.

      3.   Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the development plan permit, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).

   G.   Run With the Land. The development plan permit that is valid and in effect, and was granted in compliance with the provisions ofthis chapter, shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land.

The purpose of this chapter is to provide procedures for the amendment of the general plan, the zoning map, and this development code, whenever required by public convenience, health, safety, and general welfare. In addition, state law (Government Code Section 65400 et seq.) requires that the general plan be periodically updated. A general plan amendment may include revisions to actions, goals, land use designations, policies, or text. Zoning map amendments have the effect of rezoning property from one zoning district to another. Amendments to this development code may modify any procedures, provisions, requirements, or standards, applicable to the development, and/or use of property within the city.

(Ord. 182 § 2 (part), 1997)

Authority for the approval of amendments to the general plan, the zoning map, and this development code shall be vested in the council. The director and the commission shall provide written recommendations to the council regarding the amendments. A public hearing in compliance with Chapter 16.76 shall be required. Amendments to zoning districts or text of this development code that are not consistent with the general plan shall be accompanied by a general plan amendment application.

(Ord. 182 § 2 (part), 1997)

An amendment to the general plan, the zoning map, or this development code may be initiated by any of the following actions:

   A.   Council or Commission. The majority vote of the council or commission;

   B.   Property Owner. The filing of an application from the property owner(s) or the authorized agent, or any affected party. If the property for which an amendment is proposed is in more than one ownership, all of the owners or their authorized agents shall join in filing the application; and

   C.   Director. The determination by the director that the amendment is necessary to implement or achieve consistency with the general plan and any applicable specific plan.

(Ord. 182 § 2 (part), 1997)

Applications for an amendment to the general plan, the zoning map and this development code shall contain the following information:

   A.   Application Contents. Completed planning application form and required fee and attachments (see also Section 16.48.030);

   B.   Information. Information based on the handout provided by the department.

   C.   Revised Map(s). Map(s) with the area to be changed outlined in a heavy, black line with the proposed change clearly labeled;

   D.   Revised Text. Text, with the existing words to be deleted, lined through, and the words to be added under-lined; and

   E.   Supporting Statements. Statement(s) describing either the reason of public convenience, health, safety, and general welfare requiring the amendment or how the changes implement the general plan and any applicable specific plan.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

Upon receipt of a complete application to amend the general plan, the zoning map, or this development code, or on initiation by the commission or council, and following department review, public hearings shall be set before the commission and council. Notice of the hearings shall be given in compliance with Chapter 16.76 (Public Hearings).

(Ord. 182 § 2 (part), 1997)

The commission shall make a written recommendation to the council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings contained in Section 16.58.080 (Findings), below. A recommendation to approve or approve in modified form shall be carried by the affirmative vote of the majority of the entire commission.

(Ord. 430-10 § 9, 2010; Ord. 293 § 1 (part), 2004: Ord. 182 § 2 (part), 1997)

   A.   Council's Action. Upon receipt of the commission's recommendation, the council shall approve, approve in modified form, or disapprove the proposed amendment based on the findings contained in Section 16.58.080 (Findings), below.

If the council proposes to adopt a substantial modification to the amendment not previously considered by the commission during its hearings, the proposed modification may be first referred back to the commission for its recommendation, in compliance with state law (Government Code Sections 65356 [General Plan Amendments] and 65857 [Zoning Map/Code Amendments]).

   B.   Adoption.

      1.   General Plan. Amendments to the general plan shall be adopted by resolution; and

      2.   Zoning Map and Development Code. Amendments to the zoning map or this development code shall be adopted by ordinance.

   C.   General Plan Consistency. The 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 state law shall 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 city adopted plans.

(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)

An amendment to the general plan, the zoning map, or this development code may be approved only if all of the following findings of fact can be made in a positive manner, as applicable to the type of amendment. It is the responsibility of the applicant to establish evidence in support of the required findings.

   A.   Mandatory Findings Required for all Amendments (e.g., General Plan, Zoning Map, and Development Code.

      1.   The proposed amendment ensures and maintains internal consistency with all ofthe objectives, policies, general land uses, programs, and actions of all elements of the general plan;

      2.   The proposed amendment would not be detrimental to the public convenience, health, safety, or general welfare of the city; and

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

   B.   Additional Findings for Zoning Map Amendments. The site(s) is/are physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).

   C.   Additional Findings for Development Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this development code.

(Ord. 182 § 2 (part), 1997)

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

The limitation on the annual number of amendments does not apply in the following circumstances:

   A.   Low- or Moderate-Income. A general plan amendment requested and necessary for a single development of residential units, at least twenty-five (25) percent of which will be occupied by or available to persons and families of low- or moderate-income, as defined by state law ( Health and Safety Code Section 50093). The specified percentage of low- or moderate-income housing may be developed on the same site as other residential units pro-posed for development, or on another site(s) encompassed by the general plan, in which case the combined total number of residential units shall be considered a single development proposal for purposes of this chapter;

   B.   Required by State Law. A general plan amendment required by:

      1.   A court decision made in compliance with state law (Government Code, commencing with Section 65750) (Definitions: "Petition");

      2.   State law (Government Code Section 65302.3(b)) (Consistency with Airport Land Use Plan); or

      3.   State law (Health and Safety Code Section 56032(d)) (Comprehensive Development Plans).

   C.   Optional General Plan Elements. A general plan amendment affecting only optional general plan elements.

(Ord. 182 § 2 (part), 1997)

   A.   Purpose. For the purpose of establishing zoning regulations, which would become effective only upon annexation, property outside the corporate boundaries of the city, but within the city's sphere of influence, may be classified within one or more zoning districts in the same manner and subject to the same procedural requirements applicable to properties within the city.

   B.   Zoning Map Revisions. Upon passage of an ordinance establishing the appropriate pre-zoning designation for property outside of the city, the zoning map shall be revised to identify each zoning district or districts applicable to the property with the label of "Pre-", in addition to the other applicable map designations.

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to provide a process for reviewing home occupation permit applications which are intended to allow for specified activities with are deemed to cause minimal impact(s) on neighboring parcels, if conducted in compliance with the applicable standards of this development code and appropriate operational conditions imposed by the director.

(Ord. 182 § 2 (part). 1997)

The director is authorized to approve home occupation permits, subject to the appeal provisions of Chapter 16.78. A public hearing shall not be required for issuance of a home occupation permit, unless subject to an appeal.

(Ord. 182 § 2 (part), 1997)

   A.   Home Based Enterprises. The home occupation permit is intended to allow for enterprises that are con-ducted within homes in residential zoning districts, and that are clearly incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses.

   B.   Commercial and Industrial Businesses. Business uses which are routinely operated in commercial or industrial zoning districts shall not be allowed as home occupations.

   C.   Cottage Industries. For residential zoning districts and incidental and secondary to the use of the dwelling unit, cottage industries shall be allowed subject to the standards in this chapter.

(Ord. 544 § 23, 2019; Ord. 182 § 2 (part), 1997)

   A.   Application Contents. Applications for home occupation permits shall include the following information:

      1.   Completed planning application form and required fee and attachments (see also Section 16.48.030);

      2.   Accurate and detailed description of the proposed use including the location for the storage of materials and equipment, and total square footage to be utilized for the home occupation; and

      3.   If an applicant is not the owner of the property where a home occupation is to be conducted, then a signed statement from the property owner approving the use of the dwelling unit for home occupation purposes shall be submitted with the application.

   C.   City Business License.

      1.   Business License Required. Immediately following the effective date of an approved home occupation permit, when no appeal has been filed, the applicant shall obtain a city business license.

      2.   Nontransferable. City business licenses are issued to a specific address and are not automatically transferable to a new location.

      3.   Expire Annually. City business licenses expire on a annual basis.

      4.   Annual Renewal. If the business license is not renewed within thirty (30) days after expiration, the home occupation permit shall become void.

Home occupations, including in-home offices, shall be allowed on property used for residential purposes, subject to the following conditions:

   A.   The use of the dwelling for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants. The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit or property involved.

   B.   There shall be no exterior evidence of the conduct of a home occupation, including outdoor display of equipment, materials, or supplies related directly or indirectly to the home occupation activity. A home occupation shall be conducted entirely within a dwelling, or an attached garage with the exception of tutoring in sports as defined in 16.60.050.L.2.

   C.   The residents of the dwelling unit, and no more than one non-resident employee, may be engaged in the home occupation.

   D.   There shall be no signs, banners or flags identifying or advertising the home occupation.

   E.   The home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located.

   F.   The required residential off-street parking shall be maintained.

   G.   Limited indoor storage of goods or supplies (125 cubic feet maximum) may take place within no more than one room of the dwelling and/or in the attached garage (provided required parking on-site is maintained and properly located).

   H.   There shall be no separate entrance or exit way specifically provided in the dwelling or on the premises for the conduct of the home occupation, unless required by local or state law;

   I.   There shall be no process, procedure, substance, or chemical used which is hazardous to public convenience, health, safety, or general welfare or that changes the fire safety or occupancy classifications of the residence.

   J.   Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. Home occupation activities shall not produce dust, glare, noxious matter, or vibrations beyond the subject property lines.

   K.   Maximum number of customers and vendors.

      1.   Home occupations may have a maximum of one customer or vendor on the premises at any one time, between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Home occupations shall not host customers or vendors on the premises more frequently than one customer or vendor within a 2-hour time period.

      2.   Home occupations involving tutoring students in music, academics, dance swimming or tennis at a residence may have a maximum of six non-resident students at any one time, and no more than 18 non-resident students during any one day. Sports related tutoring may be conducted between 7:00 a.m. and 7:00 p.m., Monday through Saturday.

   L.   Notwithstanding the provisions above, the following uses are prohibited:

      1.   Automotive repair or other vehicle repair, body or mechanical;

      2.   Welding or Machining;

      3.   Medical Clinics or Labs;

      5.   Uses that require explosives or highly combustible or toxic materials.

   M.   The home occupation use shall not have utility services modifications, other than those required for normal residential use that would be classed as commercial or industrial in load or design.

   N.   Cottage Foods Operation.

      1.   Cottage Foods Operations shall be permitted as defined by Health and Safety Code Section 113758, conducted only within a dwelling that contains the dwelling's kitchen and shall not be allowed in a garage or other accessory building.

      2.   There shall be no on-premise sale of goods except as allowed for a Cottage Food Operation by Health and Safety Code Section 114365 and with a valid County of Riverside Cottage Food permit from Department of Environmental Health. Occasional transport of goods from the premises for off-site sale may occur. Internet sales are not considered on-premise sale of goods.

   O.   No person shall commence or carry on a home occupation/cottage food operation without first having received approval of a city business license.

   P.   Home occupations shall comply with all noise, lighting, nuisance, health/safety, and other applicable city and state regulations.

(Ord. 544 §§ 26, 27, 2019; Ord. 182 § 2 (part), 1997)

A home occupation permit application may be approved only if all of the following findings of fact can be made in a positive manner:

   A.   The requested home occupation is not prohibited in compliance with Section 16.60.050 (Prohibited Home Occupation Uses/Cottage Industries); and

   B.   The requested home occupation permit would comply with all of the conditions specified in Section 16.60.050; and

   C.   The issuance of the home occupation permit would not be detrimental to the public convenience, health, safety, or general welfare.

(Ord. 544 § 28, 2019; Ord. 182 § 2 (part), 1997)

The director shall have the right at any time, upon request, to enter and inspect the premises subject to a home occupation permit.

(Ord. 544 § 30, 2019; Ord. 182 § 2 (part), 1997)

The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation. Time Limits, and Extensions), shall apply following the approval of a home occupation permit:

   A.   Appeals. The decision of the director shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).

   B.   Expiration/Extension. To ensure continued compliance with the provisions of this development code each approved home occupation permit shall expire three years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been exercised before its expiration, in compliance with Section 16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the home occupation permit.

If the use granted by the home occupation permit has not been exercised before its expiration, and a time ex-tension is not granted, the provisions of Chapter 16.80 (Permit implementation, Time Limits, and Extensions) shall deem the permit void.

   C.   Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved home occupation permit have been satisfied.

   D.   Changes. Minor changes to required conditions of an approved home occupation permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).

   E.   Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved home occupation permit.

   F.   Suspension/Revocation.

      1.   Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions operations by a home occupation permit holder, the director shall notify the permit holder and specify how the violation(s) can be remedied. If the permit holder has not remedied the violation(s) in a reasonable time, the director may schedule a public hearing to consider the revocation of a home occupation permit to be held by the commission, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation, and to all adjoining residents and property owners.

      2.   Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the home occupation permit, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).

The purpose of this chapter is to provide a process for reviewing master development plan applications which are intended to provide a comprehensive framework for the development of private property.

(Ord. 182 § 2 (part), 1997)

The properties that require a master development plan are ones that because of unique characteristics, including location. shape. size. topography, or use, would benefit from comprehensive planning. It is further the intent of a master development plan to provide flexibility in the planning review process so that once a master development plan is approved, subsequent approvals may be done administratively as long as they are consistent with the approved plan.

For purposes of this chapter, master development plans are not to be considered to be specific plans as regulated by state law (Government Code Section 65450 et seq.).

(Ord. 182 § 2 (part), 1997)

Master Development Plan. A comprehensive master plan which identifies the distribution, location, and extent of land uses within a development site and identifies regulations and criteria for the development of the site.

Implementing Development Plan. A development plan which is undertaken to implement a portion or all of a master development plan and is consistent with the adopted master development plan.

(Ord. 182 § 2 (part), 1997)

The council is authorized to approve master development plans and amendments. The director and commission shall provide written recommendations to the council regarding master development plan adoption and amendments. A public hearing in compliance with Chapter 16.76 shall be required.

(Ord. 182 § 2 (part), 1997)

This chapter shall apply to the following:

   A.   General Plan. All sites designated in the general plan with a master plan overlay and on property that is over ten and up to two hundred (200) acres in size; or

   B.   Benefit to the City. In area(s) of the city where the council believes that implementation of a master development plan would benefit the proposed project and the city.

(Ord. 182 § 2 (part), 1997)

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

   A.   Council. The council may instruct the commission to set the matter for hearing;

   B.   Commission. The commission may initiate hearings; or

   C.   Property Owner. The property owner(s) or the authorized agent, or an affected party may file an application for a master development plan. If the property for which a master development plan or amendment is proposed is in more than one ownership, all of the owners or their authorized agent(s) shall join in filing the application.

(Ord. 182 § 2 (part), 1997)

Applications for a new master development plan or amendment shall contain the following information:

   A.   Application Contents. Completed planning application form and required fee and attachments (see also Section 16.48.030); and

   B.   Information. Information based on the handout provided by the department.

(Ord. 182 § 2 (part), 1997)

Upon receipt of a complete application for a master development plan or amendment, or on initiation by the commission or council, and following department review, public hearings shall be set before the commission and council. Notice of the hearings shall be given in compliance with Chapter 16.76 (Public Hearings).

(Ord.182 § 2 (part), 1997)

The commission shall make a written recommendation to the council whether to approve, approve in modified form, or deny the proposed master development plan or amendment, based on the findings contained in Section 16.64.110 (Findings and Decision), below.

(Ord. 293 § 1 (part), 2004: Ord. 182 § 2 (part), 1997)

The council may approve, approve with modifications, or disapprove the proposed master development plan or amendment, based on the findings contained in Section 16.64.110 (Findings and Decision), below. The plan may be adopted by ordinance and may be amended as often as deemed necessary by the council.

(Ord. 182 § 2 (part), 1997)

The council may approve a master development plan or amendment only if all of the following findings of fact can be made in a positive manner:

   A.   The proposed master development plan is consistent with the objectives, policies, general land uses, pro-grams, and actions of all elements of the general plan;

   B.   The master development plan adequately addresses the physical development characteristics of the subject site;

   C.   The development standards contained in the master development plan serve to protect the public convenience, health, safety, and general welfare;

   D.   The master development plan is consistent with all applicable requirements of local ordinances and state law;

   E.   The proposed master development plan or amendment would be in compliance with the provisions of the California Environmental Quality Act (CEQA); and

   F.   For master development plan amendments only: In the case of a master development plan amendment, the following additional finding shall be made before its adoption: The proposed master development plan amendment would not create internal inconsistencies within the master development plan and is consistent with the purpose and intent of the master development plan it is amending: (Ord. 182 § 2 (part), 1997)

The city shall review the master development plan as necessary to ensure compliance by the applicant or the successor(s)-in-interest. During this review, the applicant or the successor(s)-in-interest shall demonstrate compliance with the terms of the master development plan to the full satisfaction of the director. The burden of proof on this issue is upon the applicant or successor(s).

(Ord. 182 § 2 (part), 1997)

   A.   Applicability. An administrative development plan permit shall be required to implement all or any portion of an adopted master development plan.

   B.   Authority. The director, shall have the authority to approve implementing development plan permits that are consistent with an adopted master development plan.

   C.   Environmental Review. The director shall serve as the environmental review officer and shall make decisions for implementing development plan permits in compliance with the California Environmental Quality Act (CEQA) and the state Department of Fish and Game regulations including determination of categorical and statutory exemptions, negative declarations, and de minimis impact findings.

   D.   Submittal and Review Requirements. The submittal and review requirements of a development plan permit to implement a master development plan shall be in compliance with Chapter 16.56 (Development plan permits).

   E.   Public Notice Required. Public notification of the director's intended action shall be required for implementing development plan permits, except that the director may refer an implementing development plan permit to the commission for review and consideration.

   F.   Appeals. Decisions made relative to an implementing development plan permit by the director may be appealed to the commission in compliance with Chapter 16.78.

(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to provide a method for the adoption of specific plans, in order to provide adequate development flexibility for innovation in residential building types, land use mixes, site design, and c velopment concepts. In addition, it is the purpose of this chapter to provide a method for amending specific plans to ensure their continued effectiveness and responsiveness to market demands over time.

(Ord. 182 § 2 (part), 1997)

Specific plans are a significant tool to implement the general plan, as well as an inducement to the development of mixed use developments desired by the city. A specific plan documents the proposed extent, distribution, in-tensity, and location of major components of public and private drainage, energy, parks, sewage, solid waste disposal, transportation, water, and other essential facilities proposed to be located within or needed to support the land uses described in the plan, as well as implementation and financing methods and added benefits to the city as a whole.

(Ord. 182 § 2 (part), 1997)

The council is authorized to approve specific plans and specific plan amendments. The director and the commission shall provide written recommendations to the council regarding specific plan adoption and amendments. A public hearing in compliance with Chapter 16.76 shall be required.

(Ord. 182 § 2 (part), 1997)

This chapter shall apply to the following:

   A.   General Plan. All sites designated in the general plan for a specific plan;

   B.   Council Determination. The council may determine that because of a project's size, mixed uses, adverse environmental impacts, local controversy, or other factors, a specific plan is required for a privately-initiated project; or

   C.   Benefit to the City. Any area(s) of the city where the applicant believes that implementation of a specific plan will benefit the proposed project and the city.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

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

   A.   Council. The council may initiate the preparation of a specific plan;

   B.   Commission. The commission may initiate the preparation of a specific plan; or

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

(Ord. 182 § 2 (part), 1997)

   A.   Pre-Application Conference Procedure.

      1.   Before submitting an application for a specific plan, the applicant or prospective developer is strongly encouraged to request a pre-application conference with the director to obtain information and guidance before preparing plans, surveys and other data. Coordination of the preparation of the environmental documentation shall also be discussed.

      2.   Neither the pre-application review nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval or disapproval by the city representative(s).

      3.   An appropriate fee(s) shall be charged for the pre-application conference in compliance with the council's fee resolution.

      4.   The preliminary consultations shall be relative to a conceptual development plan, which shall include the following:

         a.   Proposed land uses to be developed within the district;

         b.   Development concepts to be employed;

         c.   Schematic maps, illustrative material, and narrative sufficient to describe the general relationships between land uses, and the intended design character and scale of the principal features; and

         d.   A preliminary time schedule for development, including quantitative data, including population, housing units, land use acreage and other data sufficient to illustrate phasing of the proposed development and potential impact(s) on public service requirements.

   B.   Associated Amendments. All specific plan and specific plan amendment applications shall be accompanied by an application to amend the following:

      1.   The general plan to incorporate the specific plan by reference;

      2.   The zoning map to change the underlying zoning district to a specific plan overlay zone.

   C.   Application Contents. Applications for a specific plan or specific plan amendment shall contain the following information:

      1.   Application. Completed planning application form and required fee and attachments (see also Section 16.48.030).

      2.   Text and a Diagram. A specific plan document (or proposed revisions to an adopted specific plan in the case of an amendment application), containing a text and a diagram, prepared in compliance with the city's specific plan guidelines.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

After an application for a specific plan or specific plan amendment has been determined to be complete, copies shall be transmitted to all appropriate city departments and applicable agencies.

(Ord. 182 § 2 (part), 1997)

   A.   Public Hearing. After the director has reviewed the specific plan and the required environmental documentation has been completed and reviewed, a public hearing before the commission shall held in compliance with Chapter 16.76.

   B.   Commission's Recommendation. The commission shall make a written recommendation to the council whether to approve, approve in modified form, or disapprove the proposed specific plan or the specific plan amendment, based on the findings contained in Section 16.66.100 (Findings and Decision), below. The recommendation shall be carried by the affirmative vote of the majority of the entire commission.

(Ord. 182 § 2 (part), 1997)

   A.   Public Hearing. The council shall conduct a public hearing on the specific plan or the specific plan amendment in compliance with Chapter 16.76.

   B.   Council's Action. The council may approve, approve with modifications, or disapprove the proposed specific plan or specific plan amendment, based on the findings contained in Section 16.66.100 (Findings and Decision), below. Approval of the specific plan or specific plan amendment shall be by ordinance, or by resolution of the council, in compliance with state law (Government Code Section 65453), together with any associated amendments.

   C.   Specific Plan Document. If the council approves the specific plan with modifications, a final reproducible specific plan document shall be submitted to the city within thirty (30) days of the first reading of the ordinance adopting the specific plan overlay zoning district unless the thirty (30) days is extended by the director.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

The council may approve a specific plan or amendment only if all of the following findings of fact can be made in a positive manner:

   A.   The proposed specific plan (or specific plan amendment) is consistent with the objectives, policies, general land uses, programs, and actions of all elements of the general plan;

   B.   The proposed specific plan (or proposed specific plan amendment) is necessary and desirable in order to implement the general plan;

   C.   The proposed specific plan (or specific plan amendment) would not adversely affect the public convenience, health, safety, or general welfare, or result in an illogical land use pattern;

   D.   The development standards contained in the specific plan (or specific plan amendment) would result in a

superior development to that which would occur using standard zoning and development regulations;

   E.   The proposed specific plan (or specific plan amendment) would be in compliance with the provisions of the California Environmental Quality Act (CEQA); and

   F.   For specific plan amendments only: In the case of a specific plan amendment, the following additional finding shall be made before its adoption: The proposed specific plan amendment would not create internal inconsistencies within the specific plan and is consistent with the purpose and intent of the specific plan it is amending.

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to provide a process for reviewing surface mining permit applications which are intended 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 preservation and extraction of economic viable mineral resources has been determined to be in the interests of the people of California by the state legislature, it also recognized that surface mining activities may result in significant adverse environmental impacts.

It is, therefore, the intent of this chapter to regulate surface mining operations to ensure that:

   A.   The adverse effects of surface mining operations would be prevented or minimized, and that mined lands would be reclaimed to a usable condition that is readily adaptable for alternative land use;

   B.   The reclamation of mined land would be carried out in a way that the continued mining of valuable minerals would not be precluded; and

   C.   The production and conservation of minerals would be encouraged, while giving consideration to values related to range and forage, recreation, watershed, wildlife, and aesthetic enjoyment and that the potential residual hazards to the public convenience, health, safety, or general welfare would be eliminated.

(Ord. 182 § 2 (part), 1997)

The commission is authorized to approve surface mining permits and reclamation plans, subject to the appeal provisions of Chapter 16.78. A public hearing in compliance with Chapter 16.76 shall be required.

(Ord. 182 § 2 (part), 1997)

This chapter shall not apply to the following activities:

   A.   Farming or On-Site Construction. Excavation or grading conducted for farming or on-site construction, or for the purpose of restoring land following a flood or natural disaster;

   B.   Prospecting. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand (1,000) cubic yards in any one location. This exemption shall not apply to any single excavation that is greater than one acre in size;

   C.   Required by Federal Law. Surface mining operations that are required by Federal law, in order to protect a mining claim, if the operations are conducted solely for that purpose; and

   D.   Others. Other surface mining operations that the state Mining and Geology Board finds are exempt from state law (Public Resources Code, Section 2710 et seq.), because they are of an infrequent nature and involve only minor surface disturbances.

(Ord. 182 § 2 (part), 1997)

   A.   Application Contents. Applications for surface mining permits shall contain the following:

      1.   Complete Application. Completed planning application form and required fee and attachments (see also Section 16.48.030); and

      2.   Mining and Reclamation Plans. Mining and reclamation plans prepared in compliance with state law (Public Resources Code. Section 2710 et seq.).

   B.   State Geologist. Upon receipt of a completed application, the director shall notify the state geologist of the filing of request for a surface mining permit. In addition, the director shall include the state geologist in the public hearing notification list;

   C.   Conditional Use Permit Compliance. Review and decision of a surface mining permit application shall be conducted in compliance with Chapter 16.52 (Conditional Use Permits): and

   D.   Action of Commission. Following a review of the application and public hearing in compliance with Chap-ter 16.76. the commission shall take action upon the application indicating their decision and containing any conditions of approval and the findings of fact upon which the decision is based.

(Ord. 182 § 2 (part), 1997)

Following a review of the application and public hearing in compliance with Chapter 16.76, the commission shall act to approve, approve with conditions. or disapprove the surface mining permit. The commission may approve a surface mining permit only if all of the following findings of fact can be made in a positive manner:

   A.   The proposed use would not impair the integrity and character of the zoning district in which it is to be established or located;

   B.   The proposed site is suitable fox the type and intensity of the proposed surface mining operation:

   C.   There are adequate provisions for sanitation, water, and public utilities and services to ensure that the proposed use would not result in residual hazards to the public convenience, health, safety, or general welfare, or be materially injurious to properties and improvements in the vicinity;

   D.   The proposed use is consistent with state law (Public Resources Code, Section 2710 et seq.): and

   E.   The mined lands would be reclaimed to a usable condition that is readily adaptable for an alternative land use(s) appropriate to the zoning district within which the site is located.

(Ord. 182 § 2 (part), 1997)

As a condition of approval for a surface mining and reclamation plan, an annual review shall be conducted by the director and city engineer to evaluate and ensure compliance with the approved plan.

(Ord. 182 § 2 (part). 1997)

The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation. Time Limits, and Extensions), shall apply following the approval of a surface mining permit:

   A.   Appeals. The decision of the commission shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).

   B.   Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved surface mining permit shall expire two years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been exercised before its expiration, in compliance with Section 16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the surface mining permit.

If the use granted by the surface mining permit has not been exercised before its expiration, and a time ex-tension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits and Extensions) shall deem the permit void.

   C.   Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved surface mining permit have been satisfied.

   D.   Changes. Minor changes to required conditions of an approved surface mining permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).

   E.   Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved surface mining permit.

   F.   Suspension/Revocation.

      1.   Issuance of Order. Upon a showing of probable cause by code enforcement staff of a violation of this chapter or the conditions of operations by a surface mining permit-holder, the director may issue an or-der suspending the surface mining permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit-holder by first-class U.S. mail and by posting the subject property.

      2.   Public Hearing. Whenever the director has issued a suspension order, or whenever the director suspects a violation but the requisite showing has not been made. the director shall schedule a public hearing to consider the revocation of a surface mining permit to be held by the commission within forty-five (45) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit-holder, any party complaining of the violation, and to all ad-joining residents and property owners.

      3.   Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the surface mining permit, in compliance with Chapter 16.68, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to provide a process for reviewing temporary use permit applications which are intended to allow for the short-term placement (usually one hundred eighty (180) days or less) of activities on privately or publicly owned property with appropriate regulations so that the activities will be compatible with surrounding uses and neighborhoods.

(Ord. 182 § 2 (part), 1997)

The director is authorized to approve temporary use permits, subject to the appeal provisions of Chapter 16.78. A public hearing shall not be required for the issuance of a temporary use permit. Temporary uses may be subject to additional permits, other city department approvals, licenses, and inspections as required by any applicable laws or regulations.

A permit shall not be required for events that occur in meeting halls, theaters, or other permanent facilities which provide for public assembly.

(Ord. 182 § 2 (part), 1997)

An application for a temporary use permit shall be required for the following activities and shall be subject to conditions identified in Section 16.70.060, below and other additional conditions as may be imposed by the director. A. Commercial Coaches. Commercial coaches (as defined by state law (Health and Safety Code Section 18001.8)) or mobile homes on active construction sites, for use as a construction office, temporary living quarters for security personnel, or temporary residence of the subject property owner. The following restrictions shall apply:

      1.   The director may approve a temporary trailer coach for the duration of the construction project or for a specified period, but in no event for more than two years. If exceptional circumstances exist, a one-year extension may be granted, in compliance with Section 16.80.060 (Time Extensions);

      2.   Installation of trailer coaches may occur only after a valid building permit has been issued by the building department;

      3.   Trailer coaches allowed in compliance with this chapter shall not exceed a maximum gross square foot-age of six hundred fifty (650) square feet in size (tongue not included);

      4.   The trailer coach shall have a valid California vehicle license and the applicant for the trailer coach shall provide evidence of state division of housing approval, in compliance with state law (Health and Safety Code);

      5.   The temporary trailer coach installation shall meet all requirements and regulations of the county department of environmental health services and the city's building department; and

      6.   A permit issued in compliance with this chapter, in conjunction with a construction project, shall become invalid upon cancellation or certificate of occupancy for which this use has been approved, or the expiration of the time for which the approval has been granted.

   B.   Outdoor Arts and Crafts Shows. Outdoor arts and crafts shows and exhibits provided the uses are limited to two days of operation or exhibition in any one hundred eighty- (180-) day period;

   C.   Parking Lot Sales. Parking lot and sidewalk sales for businesses located within a commercially designated property shall be subject to the following development standards:

      1.   Outdoor display and sales items shall be identical and accessory to items sold indoors.

      2.   The business shall have a valid business license with the city and own/lease space on the subject property.

      3.   The display and sale of merchandise is permitted only by the tenant of an existing commercial development on the same site.

      4.   Private sidewalks, courtyards or entry areas may be utilized for display provided a minimum four foot wide pedestrian area remains clear and unobstructed and all fire, building and handicapped access requirements are met.

      5.   All displays shall be located within hardscape areas. No merchandise may be displayed in any landscaped area, or be situated in such a manner as to be detrimental to any existing landscaping on the site.

      6.   The uses shall be subject to the sign regulations contained in Chapter 16.38.

   D.   Real Estate Office Trailers. Temporary real estate sales office trailers, to be used solely for the first sales of homes or the first rental of apartments within the same development, may be established within the areas of an approved tentative tract or an approved development plan permit, subject to the following:

      1.    The approved land use permit shall include those conditions and requirements deemed necessary or advisable to protect the public safety and the general welfare and adequate guarantees that the structures and facilities will be removed or made consistent with applicable zoning regulations within ninety (90) days after the expiration of the permit. In addition to those findings required for the approval of the land use application, the temporary use permit for a temporary real estate sales office trailer(s) shall also include the following findings:

         a.   The access, parking, and circulation facilities would not result in excess traffic congestion or traffic safety hazards; and

         b.   The operation of the real estate sales office trailer(s) and associated activities would not conflict with adjacent and nearby residential uses.

      2.    A temporary use permit application for a temporary sales office trailer(s) may be approved for a maxi-mum time period of two years from the date of approval. At the end of the two year period, the use shall either be terminated or the applicant may file for an extension, in compliance with Section 16.80.060 (Time Extensions).

   E.   Sales of Agricultural Products. Seasonal sales of agricultural products, provided parking and access are provided to the satisfaction of the director;

   F.   Seasonal Product Sales. Christmas tree, pumpkin, or other seasonal product sales lots subject to the following guidelines and conditions:

      1.   All uses shall be limited to no more than one hundred eighty (180) days of operation in any calendar year, subject to the discretion of the director;

      2.   The applicant shall secure an electrical permit from the city if the facility is to be energized;

      3.   All lighting shall be directed away from and shielded from adjacent residential areas and streets, in compliance with Section 16.18.100 (Lighting); and

      4.    Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the director.

   G.   Special Outdoor Events. Special outdoor events including carnivals, circuses, fairs, parades, rodeos, and large athletic, religious, or entertainment events. The uses shall be subject to the following guidelines and conditions:

      1.   All uses shall be limited to not more than fifteen (15) days, or more than three weekends, of operation in any one hundred eighty- (180-) day period. To exceed this time limitation shall require the approval of a conditional use permit, in compliance with Chapter 16.52;

      2.   Activities conducted on property owned by or leased to the city and public rights-of-way may also re-quire the approval of an encroachment permit issued by the engineering department;

      3.   The director may require a cash bond or other guarantee for removal of the temporary use, cleanup and restoration of the activity site within seven days of the conclusion of the approved activity;

      4.   Related issues including fire protection, food and water supply, medical services, noise, police/security, sanitation facilities, signs, traffic control, and use of tents and canopies shall be addressed to the satisfaction of the director, director of public works, police department, fire protection district, or health officer in their administration of other city codes. Other city codes may require the applicant to obtain additional permits (e.g., building, electrical, health, and tent permits); and

      5.   The director or any other responsible city department head may impose other conditions on the temporary use to ensure that the use is operated in a manner which would be compatible with the surrounding uses and neighborhoods.

      1.   The use is limited to licensed new car dealerships located in the city.

      2.   All uses shall be limited to four (4) consecutive days, which must include Saturday and Sunday.

      3.   The applicant shall obtain clearances from the Public Works, Fire, and Police Departments.

      4.   Permit applications that involve other city codes may require additional permits (e.g., building, electrical and health).

      5.   The Planning Director may impose additional conditions to ensure the permit is used in a manner compatible with the surrounding uses and zoning.

      1.   The temporary structure shall not be greater in size than that which was damaged or destroyed;

      2.   The temporary structure shall be located so as to have a minimal effect on available parking;

      3.   The temporary structure shall comply with Fire Department and Building Department standards for public occupancy;

      4.   The temporary structure shall be housed in a structure designed for short-term use;

      5.   Use of the temporary structure shall have a time limit of twelve (12) months from the date that the business was damaged or destroyed, or nine (9) months from the date that a substantial plan check application for repair of the permanent structure is submitted to the city, whichever is the soonest;

      6.   A one-time extension of between one (1) and six (6) months may be approved by the Planning Director provided substantial progress toward completion of the construction on the permanent structure is made; and

      7.   The temporary structure shall be removed within the earlier of thirty (30) days after completion of the replacement permanent structure, or expiration of the time allowed for the temporary structure pursuant to this section.

      1.   That the temporary storage, as proposed, will not adversely impact adjoining properties; and

      2.   That the temporary storage, as proposed, will not be contrary to the public health, safety and general welfare.

      1.   All commercial filming activities shall be conducted under the auspices of the City Manager. A certificate of Insurance indemnifying the City of Murrieta as an additional insured shall be provided.

      2.   Prohibited activities:

         a.   Any filming activity that creates a substantial risk of injury to persons, damage to property or a significant degradation of the environment or that is contrary to the public health, safety or welfare, including but not limited to, disruption of emergency access to surrounding properties.

         b.   Any filming activities that violate any applicable City codes including but not limited to, the Grading and Noise Ordinances.

      3.   Limitations. On properties where commercial filming activities are the principal use of the property or structures, the use shall not be considered temporary and shall be subject to all applicable provision of the Development Code.

      4.   Street Closures or Filming in Public Right of Way. Any commercial filming activities taking place within public rights of way or requiring street closures are subject to approval of an encroachment permit and traffic control plan from the engineering department.

      5.   Exempted activities. The filming, videotaping or production of current news which includes reporters, photographers or cameramen employed by a newspaper, news service, broadcasting station or similar entity engaged in on-the-spot broadcasting of news events, or the filming or videotaping of motion pictures solely for private family use, shall be exempt from these provisions.

      1.   That the temporary residential moving storage, as proposed, will not adversely impact adjoining properties;

      2.   That the temporary residential moving storage, as proposed, will not be contrary to the public health, safety and general welfare;

      3.   Temporary residential moving containers shall not be placed in the public right-of-way;

      4.   The temporary residential moving container delivered to a residence’s subject property, shall be limited to two occasions within a twelve (12) month period and one container per occasion;

      5.   Temporary residential moving containers delivered to a residence shall be placed on a hardscape surface (i.e. driveway) and shall be limited to a maximum of a two (2) week period on the subject private property. These provisions would not be subject to issuance of temporary use permit. For containers which are proposed to be placed for longer than a two (2) week period, a temporary use permit application with fees, and a description of the extraordinary hardship on why the additional timeframe is necessary, shall be submitted to the Planning Director or their designee for their review;

      1.   A temporary use permit shall be required for when the temporary cargo container is used during construction activities at residential, commercial, office, business park, mixed-use or industrial locations.

      2.   It shall be placed in such a manner that it does not encroach into a landscaped area, onto sidewalks, or into public rights-of-way, and provides adequate access for ingress and egress in case of an emergency.

      3.   At a residential location it shall provide sufficient room to open the garage door to allow access and egress in case of an emergency.

      4.   It shall be limited to storage activities solely.

      5.   It shall be located in such a manner that it is to have a minimal effect on available parking.

      6.   The temporary cargo container shall comply with all City Engineering, Fire Department and Building Division standards for a storage occupancy and placement.

      7.   Use of the temporary cargo container shall have an initial time limit of six (6) months from the date of application approval.

      8.   A one (1) time extension of the temporary use permit may be approved for a period as determined necessary by the Planning Director or their designee provided there is substantial progress toward completion of the construction phase of the project.

      9.   The temporary cargo container shall be removed immediately upon completion of the temporary term or upon expiration or finalization of the building permit, whichever occurs first.

      10.   The Planning Director or their designee may impose additional conditions of approval with respect to the temporary use permit for the temporary cargo container.

      11.   For cargo containers that proposed to be placed in a permanent manner, please refer to Section 16.44.150.K (Cargo Containers As An Accessory Structure) (Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 544 § 32, 2019; Ord. 430-10 § 10, 2010; Ord. 412 § 2, 2008; Ord. 367 § 5, 2006; Ord. 269 § 2 (part), 2002; Ord. 182 § 2 (part), 1997)

   A.   Application Contents. Applications for temporary use permits shall contain the following information:

      1.   Completed planning application form and required fee and attachments (see also Section 16.48.030);

      2.   A plot plan showing sufficient detail based on the handout provided by the department; and

      3.   A letter of consent from the property owner.

   B.   Development Code Compliance. Upon acceptance of a temporary use permit application, the director shall review the request for compliance with this development code. The director shall render a written decision and clearly state any conditions of approval or reasons for disapproval and applicable appeal provisions of this development code. The decision of the director shall be considered final, unless an appeal is filed in compliance with Chapter 16.78.

(Ord. 182 § 2 (part), 1997)

The director may approve a temporary use permit application in whole or in part, with or without conditions, only if all of the following findings of fact can be made in a positive manner:

   A.   The operation of the requested temporary use at the location proposed and within the time period specified would not jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;

   B.   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;

   C.   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 would or could reasonably be expected to generate; and

   D.   Adequate temporary parking to accommodate vehicular traffic to be generated by the use would be available either on-site or at alternate locations acceptable to the director.

(Ord. 182 § 2 (part), 1997)

In approving an application for a temporary use permit, the director may impose conditions that are deemed necessary to ensure that the permit will be conducted in compliance with the findings required by Section 16.70.050, above. These conditions may involve any factors affecting the operation of the temporary use or event and may include the following:

   A.   Nuisance Factors. Regulation of nuisance factors, including prevention of glare or direct illumination of adjacent properties, dirt, dust, gases, heat, noise, odors, smoke, or vibration;

   B.   Operating Hours and Days. Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested;

   C.   Parking Facilities. Provision of temporary parking facilities, including vehicular ingress and egress;

   D.   Performance Bond. Submission of a performance bond or other surety device to ensure 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;

   E.   Sanitary and Medical Facilities. Provision of sanitary and medical facilities, if deemed necessary by the director;

   F.   Security Measures. Provision of security and safety measures, if deemed necessary by the director;

   G.   Signs. Regulation of signs;

   H.   Site plan. Submission of a site plan indicating any information of the requested temporary use permit that is contingent upon compliance with applicable provisions of other local and state ordinances;

   I.   Structures. Regulation of temporary structures and facilities, including height, location of equipment, placement, size, and the provision of open spaces, including buffer areas and other yards;

   J.   Waste Collection. Provision of solid waste collection and disposal; and

   K.   Other. Other conditions that would ensure the operation of the proposed temporary use in an orderly and efficient manner and in compliance with the purpose of this chapter.

(Ord. 182 § 2 (part), 1997)

The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits and Extensions), shall apply following the approval of a temporary use permit:

   A.   Appeals. The decision of the director shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).

   B.   Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved temporary use permit shall expire two years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been exercised before its expiration, in compliance with Section 16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the temporary use permit.

If the use granted by the temporary use permit has not been exercised before its expiration, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Extensions) shall deem the permit void.

   C.   Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved temporary use permit have been satisfied.

   D.   Changes. Minor changes to required conditions of an approved temporary use permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).

   E.   Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved temporary use permit.

   F.   Suspension/Revocation.

      1.   Issuance of Order. Upon a showing of probable cause by code enforcement staff of a violation of this chapter or the conditions of operations by a temporary use permit-holder, the director may issue an order suspending the temporary use permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit-holder by first-class U.S. mail and by posting the subject property.

      2.   Public Hearing. Whenever the director has issued a suspension order, or whenever the director suspects a violation but the requisite showing has not been made, the director shall schedule a public hearing to consider the revocation of a temporary use permit to be held by the commission within thirty (30) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit-holder, any party complaining of the violation, and to all adjoining residents and property owners.

      3.   Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the temporary use permit, in compliance with Chapter 16.70, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to provide a process for reviewing variance applications which are intended to al-low for adjustment from the development standards of this development code only when, because of spec ial circumstances applicable to the property, including location. shape. size, surroundings, or topography, the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

Any variance granted shall be subject to conditions that would ensure that the variance does not constitute a granting of special privilege(s) inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is situated, in compliance with state law (Government Code Section 65906). The power to grant variances does not extend to use regulations. Flexibility in use regulations is provided in Chapter 16.52 (conditional use permits).

(Ord. 182 § 2 (part), 1997)

   A.   Review Authority. variances may be granted in compliance with the following:

      1.   Commission. The commission may grant variances in compliance with subsection C.. below, subject to the appeal provisions of Chapter 16.78; and

      2.   Director. The director may grant minor variances in compliance with subsection B., below, subject to the appeal provisions of Chapter 16.78. and state law (Government Code Section 65901). The director may refer the application to the commission.

   B.   Minor Variances. The director may grant an adjustment from the requirements of this development code governing only the following development standards:

      1.   Allowed Projections. An increase, of not more than twenty (20) percent, in the allowed projection of canopies. cornices, eaves. fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback/yard area, in compliance with Section 16.18.140 (Setback Regulations and Exceptions.);

      2.   Fence or Wall Height. An increase, of not more than twenty (20) percent, in the maximum allowed height ofa fence or wall. in compliance with Chapter 16.22 (Fences, Hedges, and Walls) and subject to city approved structural design standards;

      3.   Off-Street Parking. A reduction, of not more than thirty (30) percent, in the number of required off-street parking or loading spaces;

      4.   Parcel Coverage. Up to a thirty (30) percent increase in the maximum parcel coverage standard;

      5.   Setback/Yard Area. A reduction in the required setback/yard areas for structures, landscaping, swimming pools/spas. and equipment only as follows:

         a.   Up to a forty (40) percent reduction of the required front yard setback, provided that a setback of at least fifteen (15) feet to the front property line is maintained;

         b.   Up to a thirty (30) percent reduction of the required side yard setback, provided that a setback of at least three feet is maintained; and

         c.    Up to a thirty (30) percent reduction of the required rear yard setback, provided that a setback of at least three feet is maintained.

      6.   Structure Height. An increase, of not more than thirty (30) percent. in the maximum allowed structure height. A height increase of not more than two feet shall be considered a minor variance: and

      7.   Other Standards. The director shall also be allowed to vary other standards including minor operational/performance standards relating to dust, hours of operation. landscaping/parking, light, noise, etc. Any minor variance request which exceeds the limitations outlined in this subsection shall require the filing of a variance application in compliance with subsection C.(variances), below.

   C.   Variances. The commission may grant an adjustment from the requirements ofthis development code governing only the following development standards:

      1.   Adjustments Exceeding a Minor Variance. Any development standard specified in subsection B. (minor variances), above, where the requested adjustment exceeds the maximum limitations for a minor variance;

      2.    Dimensional Standards. Dimensional standards including distance-separation requirements, parcel area, fence and wall requirements, landscape and paving requirements, parcel dimensions, off-street parking areas, open space, etc.;

      3.    Driveway Length. A reduction in the required driveway length as defined in Section 16.34.080

      4.   Off-street Parking. Greater than a thirty (30) percent in the number of off-street parking spaces, loading spaces, landscaping, etc:

      5.    Parcel Coverage. Greater than a thirty (30) percent increase in the maximum parcel coverage standard;

      6.    Setback/Yard Area. A reduction in the required setback/yard areas for structures, landscaping, swimming pools/spas, and equipment only as follows:

         a.   Greater than a forty (40) percent reduction of the required front yard setback: and

         b.   Greater than a thirty (30) percent reduction of the required side or rear yard setback.

      7.    Signs. A change related to the number, placement, size, or illumination of on- or off-site signs (other than prohibited signs);

      8.   Structure Height. Greater than a thirty (30) percent increase in the maximum allowed structure height.

      9.    Other Standards. Other standards including operational/performance standards relating to dust, hours of operation, landscaping, light, noise, number of employees. parking, etc.

(Ord. 182 § 2 (part), 1997)

   A.   Application Contents. Applications for a variance shall contain the following:

      1.   Completed planning application form and required fee and attachments (see also Section 16.48.030);

      2.   Information based on the handout provided by the department;

      3.   A statement of the following:

         a.   The precise nature of the variance requested;

         b.   The hardship or practical difficulty that would result from the strict interpretation and enforcement of this development code: and

         c.   That the application meets the findings specified in Section 16.72.040, below. The burden of proof to establish the evidence in support of the findings is the responsibility of the applicant;

   B.   Development Code Compliance. Upon acceptance of a variance application as complete, the director shall review the application for compliance with this development code. The director shall prepare a written recommendation and forward the recommendation, application and other relevant materials to the applicable review authority.

   C.   Noticing. Noticing requirements shall be as follows:

      1.   Variances. The director shall schedule the variance for public hearing before the commission, in compliance with Chapter 16.76.

      2.   Minor Variances. Notice of the decision shall be mailed to the applicant and to property owners of parcels within one hundred (100) feet ofthe property for which a minor variance has been requested.

The notice shall indicate the appeal provisions of Chapter 16.78. Copies shall be provided to the commission, building, engineering and fire departments.

(Ord. 182 § 2 (part), 1997)

Following review, the director (minor variance) or a public hearing, the commission (variance), as applicable, shall record the decision in writing with the findings upon which the decision is based, in compliance with state law (Government Code Section 65906). The applicable review authority may approve an application, with or without conditions, only if all of the following findings of fact can be made in a positive manner:

   A.   General Findings.

      1.   There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts; and

      2.   Granting the variance:

         a.   Would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district; and

         b.   Would not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the subject property.

   B.   Findings for Off-street Parking Variances. For a nonresidential development project proposing to locate a portion of the required parking at an off-site location, or provide in-lieu fees or facilities instead of the required on-site parking spaces, the following findings shall be made in a positive manner, in compliance with state law (Government Code Section 65906.5):

      1.   The variance will be an incentive to, and a benefit for, the subject nonresidential development; and

      2.   The variance will facilitate access to the subject nonresidential development by patrons of public transit facilities.

(Ord. 182 § 2 (part), 1997)

In approving a variance, the review authority may impose specific development conditions relating to both on-and off-site improvements (e.g., dedications, easements, public improvements, etc.), as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.72.040 (Findings and Decision), above and to carry out the purpose and requirements of the respective zoning district.

(Ord. 182 § 2 (part), 1997)

The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a variance application:

   A.   Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).

   B.   Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved variance have been satisfied.

   C.   Changes. Minor changes to required conditions of an approved variance may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).

   D.   Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved variance.

   E.   Suspension/Revocation.

      1.   Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions of operation by a variance holder, the director shall notify the permit holder and specify how the violation(s) can be remedied. If the permit holder has not remedied the violation(s) in a reasonable time, the director may schedule a public hearing to consider the revocation of a variance permit to be held by the commission in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.

      2.   Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the variance, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the variance. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to provide a process for reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and practices.

(Ord. 482-13 § 2, 2013)

In order to make specific housing available to an individual with a disability, any person may request a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing- related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter applies only to those persons who are defined as disabled under the Acts.

(Ord. 482-13 § 2, 2013)

      1.   Certification and documentation that the applicant is a person with disability or representing a person(s) with disability.

      2.   The name and address of the person requesting reasonable accommodation.

      3.   The name and address of the property owner(s).

      4.   A description and diagram depicting the reasonable accommodation requested by the applicant.

      5.   An explanation of how the requested accommodation is necessary to provide the person(s) with disability equal opportunity to use and enjoy the residence.

      6.   The director may request additional information from the applicant if the application does not provide sufficient information to make the findings required in Section E.

      7.   Fee as established through the city's fee schedule, if the project requires another discretionary permit, the fee(s) for all other discretionary permits shall be paid.

      8.   If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure the process is accessible.

The director may approve, conditionally approve, or deny a reasonable accommodation request, with ten-day public notice to adjacent property owners, subject to the Findings in 16.73.050(A). The director may refer the application to the planning commission.

(Ord. 482-13 § 2, 2013)

   A.   Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:

      1.   The housing, which is the subject of the request, will be used by an individual disabled as defined under the Acts.

      2.   The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

      3.   The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

      4.   The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning.

      5.   There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city’s applicable rules, standards and practices.

   B.   In determining whether the requested reasonable accommodation is necessary to make specific housing available to individual(s) with a disability, pursuant to Subsection (A)(2) above, the city may consider, but is not limited to, the following factors:

      1.   Whether the requested accommodation will affirmatively enhance the quality of life of a person(s) with disability.

      2.   Whether the person(s) with disability will be denied opportunity to enjoy the housing type of their choice absent the accommodation.

   C.   In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, pursuant to Subsection (A)(4) above, the city may consider, but is not limited to, the following factors:

      1.   Whether the requested accommodation would fundamentally alter the character of the neighborhood.

      2.   Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

      3.   Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or applicable specific plan.

   D.   In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection (A) above.

(Ord. 598-23 § 4, 2023; Ord. 482-13 § 2, 2013)

The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a reasonable accommodation application:

The purpose of this chapter is to provide a process for reviewing requests for zoning clearances. A zoning clearance is a written authorization used by the department to verify that a requested structure or land use activity complies with this development code or any valid land use entitlement approval, required by the director, commission, or council. A zoning clearance may be accomplished by any of the following methods, as appropriate:

   A.   Sign-offs. Department sign-off for the following:

      1.   Building permits:

      2.   Business licenses, in compliance with Section 16.74.020 (Standards for Business License Clearances). below;

      3.   Certificates of compliance:

      4.   Final maps;

      5.   Grading permits;

      6.   Home occupation/cottage industry permits, in compliance with Chapter 16.60 (Home Occupation Permits);

      7.   Lot line adjustments;

      8.   Parcel maps;

      9.   Parcel merger/unmergers; and

      10.   Licenses or permits, as required by state or federal agencies.

   B.   Zoning Clearance Letter. In the event no instrument as described above is required, a separate zoning clearance letter may be issued by the department.

(Ord. 182 § 2 (part), 1997)

The director is authorized to review business license clearance applications forwarded to the department from the finance department for compliance with this development code. Business license clearance applications that do not comply with this development code shall not be approved.

   A.   New Licenses. Approval of new business license clearance applications, reviewed by the department, shall satisfy the following criteria:

      1.   The proposed use is allowed in the zoning district in which the use is to be located; and

      2.   The proposed site and any structure or land uses existing on the site shall not be in violation of any applicable provision of this development code, except for nonconforming uses and structures in compliance with Chapter 16.32 (Nonconforming Uses, Structures, and Parcels).

   B.   Reuse of Existing Structures. Approval of a business license clearance application that proposes the establishment of a different business in an existing structure shall be subject to the provision of subsection A., above and, in addition, shall be subject to the following:

      1.   The proposed business site shall provide the number of off-street parking spaces, driveway, and parking lot improvements in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards); and

      2.   All on-site signs shall be in compliance with Chapter 16.38 (Sign Standards) and Section 16.38.090 (Nonconforming Signs).

   C.   New Uses. Approval of a business license clearance application for the first occupancy of a new structure shall require full compliance with this development code.

(Ord. 430-10 § 11, 2010; Ord. 182 § 2 (part), 1997)

This chapter provides procedures for scheduling and conducting public hearings before the commission and council. When a public hearing is required by this development code, public notice shall be given and the hearing shall be conducted in compliance with this chapter.

(Ord. 556 § 23, 2020; Ord. 182 § 2 (part), 1997)

Not less than ten days before the scheduled date of a public hearing, the director shall give notice of the hearing. The notice shall include the time, place, identity of the review authority, nature of the application, and the general location of the property under consideration. The director shall comply with the following noticing requirements:

   A.   Setting a Public Hearing.

      1.   When a land use permit, entitlement or other matter requires a public hearing, the public shall be provided notice of the hearing(s) in compliance with state law (Government Code Sections 65090,65091, 65094 and 66451.3 and Public Resources Code 21000 etseq.). or as otherwise required in this development code.

      2.   The hearing date will be set before the appropriate review authority only when the director has determined that the application is complete.

      3.   If a conflict develops between the provisions of this chapter and other provisions in this development code, the provisions of this chapter shall prevail.

      1.   The applicant;

      2.   The property owner or owner’s agent:

      3.   All persons whose names and addresses appear on the latest available assessment roll of the County of Riverside as owners of property within a distance of three hundred (300) feet from all of the exterior boundaries of the property for which the application is filed;

      4.   Anyone filing a written request for notification; and

      5.   Other persons whose property might, in the director’s judgement be affected by the subject request.

   F.   Agency Notice. Notices shall be sent to public departments, bureaus, or agencies which are determined by the director to be affected by the application or otherwise requiring notice;

   G.   Alternative Notice. If the number of property owners to whom notice would be mailed is more than one thousand (1,000), the director may choose to provide the alternative notice allowed by state law (Government Code Section 65091(a)(3));

   H.   CEQA Notice. All noticing requirements required by the California Environment Quality Act (CEQA) and the city's guidelines for environmental review shall be followed; and

   I.   Expanded Notice. For general plan, zoning map, and development code amendments, specific plans, master development plans, and/or other large scale projects, the director may make a determination that an expanded radius of one thousand feet (1,000) feet shall be used for noticing purposes.

The property that is the subject of a development application for which a public hearing is required shall be posted with an informational sign at least ten (10) days prior to the public hearing date. The informational sign shall be a minimum of four (4) feet by four (4) feet in size, provide a description of the subject proposal, the date, time, and location of the scheduled public hearing, and indicate where further information may be obtained.

Minor inaccuracies in sign content, or the inadvertent posting of the sign on property adjacent to the project site, shall not, in and of itself, be considered a failure to comply with the required public hearing notice or grounds for continuing the public hearing. The guidelines for posting of the property are shown in the following table:

 

 

(Ord. 426-09 § 1, 2009; Ord. 314 § 1, 2004; Ord. 182 § 2 (part), 1997)

When notice of a hearing is given in compliance with this chapter, the following documentation shall be deemed sufficient to serve as proof that the notice was given in compliance with this chapter:

   A.   Posting. When notice is given by posting, an affidavit or proof of posting shall show the date or dates of posting and the location at which the posting was made. The affidavit of posting for the subject property shall include a dated photograph of the posted notice to serve as a permanent record of the legal notification; and

   B.   Mailing. When notice is given by mail or other delivery, an affidavit or proof of mailing/delivery shall be made, showing, at a minimum, the date or dates of mailing/delivery and the list of persons and groups to whom the mailing/delivery was made; and

   C.   Publishing. When notice is given by publication, an affidavit of publication by the newspaper in which the publication was made.

      1.   If the hearing is continued to a specific time and place, further notice shall not be required; or

      2.   If the hearing is not continued to a specific time and place, further notice shall be required.

(Ord. 544 § 38, 2019; Ord. 182 § 2 (part), 1997)

The director, the commission, and the council shall have the authority to impose reasonable and necessary conditions on an application to ensure that the application complies with this development code and its objectives, policies, general land uses and programs of the general plan and any applicable specific plan.

(Ord. 182 § 2 (part), 1997)

Following the rendering of a decision on an application a copy of the decision shall be mailed to:

   A.    Applicant. The applicant, at the address shown on the application. The decision that is mailed to the applicant shall contain applicable findings, any conditions approval, reporting/monitoring requirements necessary to mitigate any impacts and protect the public convenience, health, safety and general welfare of the city; and

   B.   Other Person(s). Other person(s) who has made a written request for a copy of the decision. The decision notice shall advise that related documents such as findings, conditions of approval and reporting/monitoring requirements can be obtained from the City of Murrieta planning division.

   B.    Effective on the Thirtieth (30th) Day. Development agreements, specific plans, master development plans and amendments to the general plan, zoning map, and this development code shall become effective on the thirtieth (30th) day following the date or final approval/decision by the council. All land use entitlements such as listed above that are legislative acts are subject to referendum and their corresponding dates.

   C.    No Issuance Until Effective Date. No permit, certificate, or other entitlement may be issued until the effective date.

An application for a land use action may be withdrawn at any time before a public hearing by filing with the director a written request for withdrawal. The request for withdrawal shall be signed by all persons who signed the original application, or their designated agent(s) or successor(s). An application may be withdrawn after commencement of the hearing, with the approval of the review authority. At the time of the withdrawal of the application, consideration may be given for refunding of application fees in whole or in part, based upon the time expended by city staff up to the time of withdrawal of the application, in compliance with established council policy.

(Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to provide procedures for filing of appeals of the decisions, determinations or actions by the department staff or director, or the decisions, determinations or actions of the planning commission.

(Ord. 430-10 § 12, 2010; Ord. 182 § 2 (part), 1997)

Decisions, determinations and actions (hereinafter referred to as "actions") by the director and the planning commission that may be appealed, and the authority to act on an appeal shall be as follows:

      1.   Notwithstanding other provisions of this code, any person may appeal those actions rendered by the director for which the applicable code section expressly provides for the right to appeal as shown in Table 4-3.

      2.   Except for impact fee reductions, appeals of the director's actions shall be heard by the planning commission, unless otherwise stated.

      3.   An individual city councilmember or planning commissioner may appeal any action rendered by the director pursuant to the procedures set forth in this chapter.

      4.   An individual city councilmember or planning commissioner may file up to three (3) appeals total in a year with no fee required. For this purpose, a year is defined as beginning on December 1 and ending on November 30. Additional appeals by an individual city councilmember or planning commissioner shall be accompanied by the applicable fee.

 

      1.   Any person may appeal any final action rendered by the planning commission to the city council, pursuant to the procedure set forth in this chapter.

      2.   An individual city councilmember may appeal any action rendered by the planning commission pursuant to the procedure set forth in this chapter.

      3.   An individual city councilmember may file up to three (3) appeals total in a year with no fee required. For this purpose, a year is defined as beginning on December 1 and ending on November 30. Additional appeals by an individual city councilmember shall be accompanied by the applicable fee.

   E.   Filing Fee. Except in those instances where an appeal is filed by the city manager or other public official in pursuance of official duties, or by a planning commissioner or city councilmember pursuant to Section 16.78.020A3 or Section 16.78.020B3, the written notice of appeal from the action of an administrative official or from an administrative body of the city, as the case may be, shall be accompanied by a fee as may be required by other enactment of the city council.

Before an appeal is heard by the city council or planning commission, the director shall provide an opportunity through a meet and confer process to discuss the issues on appeal and determine whether a common solution to the appeal exists. Where an appeal has been filed by anyone other than the project applicant, meet and confer shall include the appellant and the project applicant together with appropriate department staff. Where an appeal has been filed by a project applicant, appropriate department staff shall meet and confer with the project applicant. However, under no circumstances may compliance with this section delay consideration of an appeal inconsistent with any applicable state or federal law.

(Ord. 430-10 § 12, 2010)

Public notice of an appeal shall be given in the same manner in which the original notice was given. A hearing date shall be set within thirty (30) days of a complete filing of the appeal form, required fee(s), and necessary materials pursuant to Section 16.78.030D (Form and Content). If, after an appeal has been noticed for a hearing, in the opinion of the director, and with the concurrence of the appellant and the project applicant, good cause exists to defer a decision on an appeal to a later date, such a continuance may be approved by the director. In such case, the meeting agenda for the date noticed for the hearing shall indicate the new hearing date and that the item has been continued pursuant to this section. In no case shall the initial continuance by the director be for greater than thirty (30) days from the original appeal hearing date. A second continuance may be given until the next regularly scheduled meeting. However, no continuance under this section may be granted which is inconsistent with any applicable state or federal law.

(Ord. 430-10 § 12, 2010)

All substantive, evidentiary, and technical materials, including, but not limited to: geologic/seismic reports, traffic studies, noise studies, biological studies, and any other scientific studies; any visual simulations; and any comparative analytical or statistical report submitted by any interested party to be considered by the city council or planning commission, shall be submitted to the director no later than nine (9) days prior to the scheduled date for consideration by the city council, and no later than nine (9) days prior to the scheduled date for consideration by the planning commission.

Materials submitted after the required number of days prior to the scheduled date for consideration shall be considered in the sole discretion of the planning commission or city council upon a showing of good cause, such as materials which were unavailable at the above deadline. Materials which may be submitted at the time of the hearing include petitions, group or individual letters, photographs, renderings, and presentational aids.

(Ord. 430-10 § 12, 2010)

Any appeal filed pursuant to Section 16.78.020 (Appeal of Action) may be withdrawn by an appellant by filing such withdrawal in writing at least seventy-two (72) hours before the matter is noticed to be heard. In such case, and if no other appeal of the same matter has been filed and not withdrawn, the matter will be removed from consideration and the prior decision shall become final.

(Ord. 430-10 § 12, 2010)

      1.   Affirm or deny on the basis of the issues appealed or continue the public hearing to a date and time certain.

      2.   Set the matter for a new hearing at which time it may affirm, affirm in part, or reverse or otherwise modify the previous determination that is the subject of appeal.

      3.   A decision by an appeal body to continue a public hearing pursuant to Section 16.78.080.A.1. or to set a matter for a new hearing pursuant to Section 16.78.080A.2. may not be appealed. A majority vote of the appeal body is required to grant any appeal of a lower decision making body.

An action of the director, appealed to the planning commission shall not become final until upheld by the planning commission, unless it is withdrawn pursuant to Section 16.78.070 (Withdrawal of Appeals). An action of the planning commission or an environmental determination appealed to the city council shall not become final unless and until upheld by the city council, unless it is withdrawn under Section 16.78.070 (Withdrawal of Appeals). The city council's decision shall be final. Any appealed action that is withdrawn under Section 16.78.070 (Withdrawal of Appeals) shall be considered final and effective on the date the city receives the written withdrawal of the final appeal related to it.

(Ord. 430-10 § 12, 2010; Ord. 182 § 2 (part), 1997)

This chapter provides requirements for the implementation or "exercising" of the permits/entitlements specified by this development code, including time limits and procedures for granting extensions of time.

(Ord. 182 § 2 (part), 1997)

A permit application deemed approved in compliance with state law (Government Code 65956) shall be subject to all applicable provisions of this development code, which shall be satisfied by the applicant before a building permit is issued or a land use not requiring a building permit is established.

(Ord. 182 § 2 (part), 1997)

A permit applicant may be required by conditions of approval or by action of the director to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the review authority. The director, in concert with the chief building official or city engineer, as applicable, shall be responsible for setting the amount of the required security.

(Ord. 182 § 2 (part), 1997)

Any approved permit/entitlement shall be exercised before its expiration. The permit/entitlement shall not be deemed exercised until the permittee has actually obtained a building permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvements has commenced and diligently continued without stopping for more than one hundred eighty (180) days, or has actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.

(Ord. 182 § 2 (part), 1997)

   A.   Projects Not Subject to the Subdivision Map Act. Unless otherwise specified, all permits, entitlements, licenses and approvals for projects not subject to the subdivision map act shall comply with the following provisions:

      2.   Phasing.

         a.   Two or More Phases. Subsequent to project approval, if phasing is requested, a phasing plan application shall be submitted and approved for the phasing plan for the entire project site by the director.

         b.   Commencement for Each Phase. If a project is to be built in pre-approved phases, each subsequent phase shall have two years from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred, unless otherwise specified in the permit/entitlement, or the permit/entitlement shall expire and be deemed void. If the application for the permit/entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit/entitlement shall be exercised before the expiration of the companion tentative map.

   B.   Repealed by Ordinance 293.

   C.   Permit, Entitlement, or Map Deemed Void. Where the permit, entitlement, or map has expired and/or has been deemed void:

      1.   No Further Action. No further action is required by the city;

      2.   No Further Reliance. No further reliance may be placed on the previously approved permit, entitlement, or map;

      3.   No Rights. The applicant shall have no rights previously granted under the permit, entitlement, or map;

      4.   New Application(s) Required. The applicant shall file a new application(s) and obtain all required approvals before construction can commence or an allowable use may be implemented; and

      5.   Security. Any security provided by the applicant under the previously approved permit, entitlement, or map may be utilized by the city to provide suitable protection from any harm that may result from the terminated development.

(Ord. 544 § 42, 2019; Ord. 538, Exhibit A (part), 2018; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

   A.   Extensions of Permit/Entitlement.

      1.   Written Request. The applicant shall file a written request for an extension of time, prior to the expiration of the permit/entitlement, together with the filing fee required by the council's fee resolution. The burden of proof is on the permittee to establish, with substantial evidence, why the permit/entitlement should be extended.

      2.   Notice on Extension. If the matter originally required a noticed public hearing, the director shall pro-vide notice, in compliance with Section 16.76.020 (Notice of Public Hearing).

      3.   Director's Decision on Extension. Upon good cause shown, the extension may be approved, approved with modifications, or disapproved by the director, whose decision may be appealed to the commission, in compliance with Chapter 16.78 (Appeals).

      4.   Time Limits on Extensions. The maximum number of years that a permit/entitlement may be extended may not exceed six years from the original expiration date of the permit/entitlement unless otherwise allowed by law. Each extension of time granted shall not exceed three years. For permits/entitlements approved and which have not expired prior to the adoption of this ordinance number 538-18, an additional extension may be granted provided the extension does not cause the permit/entitlement to exceed nine years from the original approval date of the permit/entitlement.

      5.   Circumstances Under Which Extension(s) May be Granted. An extension of the approval of a permit/entitlement may be granted only if the director finds that there have been no significant changes in the general plan, any applicable specific plan, development code, municipal code, or character of the area within which the subject property is located that would cause the approved permit/entitlement to be injurious to the public convenience, health, safety, or general welfare.

A development or new land use authorized through approval of a land use entitlement permit shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this section. Changes may be requested either before or after construction, or establishment and operation of the approved use.

A change under this section is a request for a determination of substantial conformance with an approved permit, in compliance with the following:

   A.   Applications. Applications for substantial conformance shall be filed in writing with the director, accompanied by the fee(s) established by the council's fee resolution, and shall include the following:

      1.   All information identified in this development code for the filing of a new application for the permit sought to be modified, unless the requirement is waived by the director;

      2.   A statement explaining the proposed modification(s) and the reason the modification(s) has been requested; and

      3.    Additional information required by the director.

   B.   Substantial Conformance to an Approved Permit. A substantial conformance is a request for a minor modification to an approved permit that does not substantially change the original approval or the effect of the permit on surrounding property. A substantial conformance is limited to the following:

      1.    Changes to conditions(s) of approval that do not circumvent the purpose and intent of the original condition(s).

      2.    Minor modifications to architectural features, colors, materials, or structural alterations that do not change the basic architectural concept.

      3.    Minor modifications to site plans, landscaping plans, lighting plans, that do not change the basic concept of the plans, including:

         a.   Reorientation of buildings;

         b.   Relocation, deletion, or addition of access driveways;

         c.   Modifications to on-site circulation that do not affect adjacent properties; and

         d.   Relocation, deletion, or addition of ancillary structures (e.g., trash enclosures, mechanical equipment or other similar structures).

      4.   Changes that are within the scope of a previously adopted negative declaration or environmental impact report in compliance with California Environmental Quality Act guidelines Section 15162.

      5.   Changes in use that the director determines are substantially the same in character and intensity as the original use, and are within the thresholds described above.

      6.   Other minor modifications, not identified above, that the director determines are similar to those de-scribed above.

   C.   Revised Permit. A revised permit is required when the change(s) does not meet or exceeds the thresholds/criteria described above.

   D.   Procedure.

      1.   Substantial Conformance. The director shall approve, or deny an application for a substantial conformance within forty-five (45) days after accepting a completed application and give notice by mail of the decision, including any additional conditions of approval, to the applicant and any other person(s) who has filed a written required for notice. The director's determination shall be based upon the standards of this section and those standards identified in this development code for the approval of the original permit. An application for substantial conformance shall not require a public hearing.

      2.   Revised Permit. An application for a revised permit shall be approved, conditionally approved, or disapproved in compliance with the procedures for processing the original permit, including any requirements for notice of hearing, public hearing, and all rights of appeal, in compliance with Chapter 16.78 (Appeals). A revised permit shall be subject to the development standards applicable to approval of the original permit.

   E.   Approval Period. The approval of an application for a substantial conformance or a revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by the approved revised permit.

   F.   California Environmental Quality Act. An application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act (CEQA).

   A.   Reapplication.

      1.   Disapproved with Prejudice.

         a.   An application or appeal may be disapproved with prejudice on the grounds that two or more similar applications have been disapproved in the past two years or, that another cause exists for limiting the refilling of the application.

         b.   If the disapproval becomes final, no further application for the same or substantially similar discretionary permit/entitlement for the same parcel shall be filed for a period of one year, except as otherwise specified at the time of disapproval.

         c.    The director shall determine whether the new application is for a discretionary permit/entitlement which is the same or substantially similar to the previously disapproved permit/entitlement.

      2.    Disapproved Without Prejudice. There shall be no limitation on refilling a project disapproved without prejudice.

   B.   Modification of Condition(s). No request for modifications of a condition of approval relating to any fee, exaction, or dedication of property imposed on a permit/entitlement shall be accepted after the final decision on the permit/entitlement unless accompanied by a significant change in the size or intensity of the proposed project.

(Ord. 182 § 2 (part), 1997)

   A.   Covenant May be Required. When necessary to achieve the land use goals of the city, the city may require a property owner(s) holding property in common ownership to execute and record a covenant of easement in favor of the city and providing for parking access. ingress, egress, emergency access. drainage, light and air access, landscaping, utilities, or for open space. The covenant may be imposed as a condition of approval by the director, commission, or council, in compliance with state law (Government Code Section 65870).

   B.   Form of Covenant. The covenant of easement shall describe the real property to be subject to the easement and the real property to be benefitted by the easement. The covenant shall also identify the approval or permit/entitlement granted which relied on or required the covenant. The form of the covenant shall be approved by the city attorney. The plat and legal description shall be prepared by a California registered civil engineer or land surveyor.

   C.   Effect of Covenant. The covenant shall be effective when recorded and shall act as an easement in compliance with state law (Chapter 3 [commencing with Section 801] of Title 2 of Part 2 of Division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Section 1104 of the Civil Code shall be applicable to the conveyance of the affected real property.

   D.   Release of Covenant. The covenant may be released by the city, at the request of any person, including the city or an affected property owner and after a public hearing, on a determination that the restriction on the property is no longer necessary to achieve the land use goals of the city. The release may be effected by the review authority which originally imposed the requirement for the covenant. A notice of the release of the covenant shall be recorded by the city with the county recorder's office.

   E.   Fees. The city may impose fees to recover the city's reasonable cost of processing a request for a release. Fees for the processing shall be specified in the council's fee resolution.

(Ord. 182 § 2 (part). 1997)

The purpose of this chapter is to provide a process for revoking or modifying permits which protects the public convenience, health, safety, and general welfare, as well as the rights to due process of permit holders within the city. In order to ensure the protection of the greater public interest, and to enforce the provisions of this development code, it may, from time to time, become necessary to revoke or modify a previously approved permit, entitlement, license, or approval.

(Ord. 182 § 2 (part), 1997)

The commission is authorized to revoke or modify a permit, entitlement, license, or approval, subject to the appeal provisions of Chapter 16.78. A public.hearing in compliance with Chapter 16.76 shall be required for the revocation or modification of permits.

(Ord. 182 § 2 (part), 1997)

Revocation or modification of permits may be initiated in the following manner:

   A.   Council. By the consensus of the council:

   B.   Commission. By the consensus of the commission:

   C.   Director. By the director based on reasonable evidence provided to show conditions are not being adhered to; or

   D.   Complaints. Based on citizens' complaints.

(Ord. 182 § 2 (part), 1997)

   A.   Written Notice. The director shall provide written notice to the applicant, and/or owner of the property for which the permit was granted. at least ten days before the scheduled public hearing (except for temporary use permits, which require only a twenty-four- (24-) hour notice). Notice shall be deemed delivered two days after being mailed, first class postage paid, return receipt requested, to the owner as shown on the county's latest equalized assessment roll and/or to the project applicant, who is not the owner of the subject property. The notification shall specifically state the reasons for the revocation or modification.

   B.   Rescheduling. In taking action to revoke or modify a permit, the commission shall have the discretion to reschedule the date of the revocation or modification hearing, in order to allow the permit holder adequate and appropriate time in which to make necessary corrections.

(Ord. 182 § 2 (part), 1997)

   A.   Permits, Entitlements, Licenses, or Approvals. A permit, entitlement, license, or approval may be revoked or modified by the commission if any one of the following findings of fact can be made in a positive manner:

      1.   Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public convenience, health, safety, and general welfare require the revocation;

      2.   The permit was obtained in a fraudulent manner;

      3.   One or more of the conditions of the permit have not been substantially fulfilled or have been violated;

      4.   The use for which the permit was granted had ceased or was suspended for at least one hundred eighty (180) days;

      5.   The use or improvement for which the permit was granted is being or is allowed to be or operates in violation of any code, law, ordinance, regulation, or statute; or

      6.   The use or improvement for which the permit was granted has become detrimental to the public convenience, health, safety, and general welfare or the manner of operation constitutes or is creating a nuisance.

   B.   Variance Revocation or Modification. A variance may be revoked or modified by the commission if any one of the following findings of fact can be made in a positive manner:

      1.   Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the variance; or

      2.   One or more of the conditions of the variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the variance.

(Ord. 182 § 2 (part), 1997)

   A.   Commission's Decision. A revocation or modification shall not become effective until the commission has made the decision to revoke the approval or modify the status of the permit, and until the time period to appeal the commission's decision to the council has lapsed with no appeal being filed.

   B.   Appeal of Commission's Decision. In the event an appeal of the commission's decision is appropriately filed in compliance with Chapter 16.78, the revocation or modification shall not become effective until and unless the council decides to revoke the approval or modify the status of the permit. The decision of the council on revocation or modification of a permit is immediately final.

   C.   Written Notice of Decision. The applicant and/or owner of the property shall be notified in writing of the commission's and council's decision(s).

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

A permit, entitlement, license, or approval may be modified by the review authority (e.g., director, commission, or council) which originally approved the permit, entitlement, license, or approval without the consent of the property owner or operator, if the review authority finds that the use or related development constitutes or is creating a nuisance.

(Ord. 182 § 2 (part), 1997)

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

(Ord. 182 § 2 (part), 1997)

The department shall be responsible for monitoring and enforcing the conditions and standards imposed on all land use permits, entitlements, licenses, maps, and approvals granted by the city. The enforcement shall include the right to inspect properties and structures to ensure adequate compliance with the standards of this development code.

(Ord. 182 § 2 (part), 1997)

   A.   Unlawful Use. Any use or structure which is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this development code, or any applicable condition of approval, is hereby declared to be unlawful, and shall be subject to the remedies and penalties specified in the municipal code, including this chapter and/or revocation or modification procedures initiated in compliance with Chapter 16.82 (Revocations and Modifications).

   B.   Infraction/Misdemeanor. Any person, partnership, firm, or corporation, whether as principal, agent, employee, or otherwise, violating, or failing to comply with any provision(s) of this development code or any condition imposed on any land use permit, entitlement, license, map, or approval, shall be guilty of an in-fraction on each separate day the violation or failure to comply exists, except as otherwise specified herein. Any person responsible for a violation(s) who has previously been convicted two or more times during any one year period for any other violation(s) of this development code shall be guilty of a misdemeanor.

   C.   Stop Work Order. Any construction in violation of this development code or any condition(s) imposed on a permit, entitlement, license, map, or approval shall be subject to the issuance of a "Stop Work Order." Any violation of a stop work order shall constitute a misdemeanor.

   D.   Penalties. The penalties for violating any of the provisions of this development code, and/or any condition of a permit, entitlement, license, map, or approval granted under this development code, are identified in the municipal code. The city may recover costs associated with the abatement of violations of this development code, in compliance with Section 16.84.080 (Recovery of Costs), below.

(Ord. 182, § 2 (part). 1997)

All remedies contained in this development code for the handling of violations or enforcement of the provisions of this development code shall be cumulative and not exclusive of any other applicable provisions of local, state, or federal law.

If a person is found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this development code. the conviction shall not prevent the city from pursuing any other available remedy(s) to correct the violation.

(Ord. 182 § 2 (part). 1997)

Every applicant seeking an application, permit. or any other action in compliance with this development code shall allow appropriate city officials access to any premises or property which is the subject ofthe application. If the permit or other action is approved, the owner or applicant shall allow appropriate city officials access to the premises to determine continued compliance with the approved permit and/or any conditions of approval.

Failure to allow inspections for compliance shall automatically make all permits and approvals, identified in this development code void.

(Ord. 182 § 2 (part). 1997)

This chapter describes the procedures for initiating enforcement action in cases where the director has deter-mined that property within the city is being used. maintained, or allowed to exist in violation of the provisions of this development code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations. so that other enforcement measures. provided by this chapter, may be avoided.

   A.   Notice to Responsible Parties. The city's code enforcement officer shall provide the record owner of the subject parcel and any person in possession or control of the parcel with a written notice of violation, which shall include the following information:

      1.   Time Limit. A time limit for correcting the violation, in compliance with subsection B, below;

      2.   Administrative Costs. A statement that the city intends to charge the property owner for all administrative costs associated with the abatement'of the violation(s). in compliance with Section 16.84.080 (Recovery of Costs), below and/or initiate legal action as described in Section 16.84.070 (Legal Remedies), below; and

      3.   Meet With the Director to Remedy. A statement that the property owner may request and be provided a meeting with the director to discuss possible methods and time limits for the correction of the violation(s).

   B.   Time Limit for Correction. The notice of violation shall state that the violation shall be corrected within ten days from the date of the notice to avoid further enforcement action by the city, unless the responsible party contacts the director within that time to arrange for a longer period for correction. The director may approve a time extension where it is determined that the responsible party will likely correct the violation within a reasonable time.

If the director determines that the violation constitutes a hazard to public convenience, health, safety, orgeneral welfare, or if deemed appropriate, the director may require immediate corrective action.

   C.   Use of Other Enforcement Procedures. The enforcement procedures of Section 16.84.070 (Legal Remedies), below may be employed by the director after or instead of the provisions of this section where the di-rector determines that this section would be ineffective in securing the correction of the violation within a reasonable time.

(Ord. 182 § 2 (part), 1997)

The city may choose to undertake any of the following legal actions to correct and/or abate nuisances or violations of this development code.

   A.   Civil Actions:

      1.   Injunction. At the request of the council, on recommendation of the director, the city attorney may apply to a court of competent jurisdiction for injunctive relief to terminate a violation of this development code.

      2.   Abatement. Where any person, firm, or corporation fails to abate.a violation after being provided a notice of violation in compliance with Section 16.84.060(A) (Notice to Responsible Parties), above, and the opportunity to correct or end the violation, the council, on recommendation of the director, may request the city attorney to apply to a court of competent jurisdiction for an order authorizing the city to undertake actions necessary to abate the violation and requiring the violator to pay for the cost of the actions.

   B.   Civil Remedies and Penalties: