Pico Rivera City Zoning Code

Consider and adopt, deny, or modify amendments to the General Plan map and text, Zoning Code text and map, Development Agreements, and Specific Plans, following a public hearing and recommended action by the Planning Commission.

Hear and decide appeals from decisions of the Planning Commission.

Call for review of Zoning Administrator or Planning Commission decisions.

Assign other duties and powers to the Zoning Administrator or Planning Commission.

Establish, by resolution, a Municipal Fee Schedule listing fees, charges, and deposits for various applications and services provided under this Title.

Determine expenditures from the Public Image Enhancement Fund and establish the Priority Program for the Public Image Enhancement Program.

Review and determine interpretation of regulations, conflicting regulations, clarification of ambiguities, and unlisted uses or similar compatible uses, when deferred to by the Zoning Administrator.

Hear and decide to approve, conditionally approve, or deny applications for any zoning permit or other entitlement it has the authority considered necessary to carry out the purpose and provisions of this Title.

Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to State law.

Conduct hearings and make recommendations to the City Council on proposed amendments to the General Plan map and text, Zoning Code text and map, Development Agreements, and Specific Plans.

Act as the advisory body to the City Council involving expenditures from the Public Image Enhancement Fund and the Priority Program for the Public Image Enhancement Program.

Hear and decide appeals from decisions of the Zoning Administrator on decisions, determinations, or interpretations made in the enforcement of this Title and any other decisions that are subject to appeal.

Hear and decide on violations of permit terms and conditions when the City has initiated revocation procedures.

Perform such other duties and powers as assigned or directed by the City Council.

Enforce and administer the provisions of this Title, including processing of applications, abatements, and other enforcement actions.

The Director of Community and Economic Development shall serve as the Zoning Administrator and may be assisted in this duty by their designee.

Review applications for permits and approvals pursuant to Chapter 18.04 (Procedures) for conformance with applicable submission requirements and time limits as specified in this Title.

Review applications for discretionary permits and approvals to determine whether the application is exempt from review under CEQA.

Approve, conditionally approve, or deny applications for any zoning permit or other entitlement where they have the authority considered necessary to carry out the purpose and provisions of this Title.

Review applications for conformance with this Title through a Zoning Consistency Review prior to the plan check or permit issuance of any development or sign plans by the Building Division.

Review applications for conformance with this Title prior to the authorization or issuance of any business license, or any other permit by the Director of Finance.

Review and determine interpretation of regulations, conflicting regulations, clarification of ambiguities, and unlisted uses or compatible uses.

Determine and substantiate the existence of any nonconforming use or structure.

Initiate, investigate, and submit reports to the Planning Commission on violations of permit terms and conditions when the City has initiated revocation procedures.

Process and draft reports for the Planning Commission and City Council on all applications, appeals, and other matters upon which the Planning Commission and City Council have the authority and the duty to act under this Title.

Refer items to the Planning Commission where, in their opinion, the public interest would be better served by a Planning Commission public hearing and action, and/or determination.

Approve, modify, or deny requests for extensions for any zoning permit or other entitlement.

Delegate administrative functions to members of the Planning Division.

Review and approve design review applications and/or delegate this authority to a designee.

Such other powers and responsibilities as assigned or directed by the City Council.

Applicant. Applications shall be completed by the person or persons, firm, or corporation that owns the property or the authorized agent or representative. If the applicant does not own the property, proof, satisfactory to the Zoning Administrator, of consent from the property owner to submit the application shall accompany the application.

Application Forms and Supporting Materials. Applications for permits or other approvals authorized or required by this Title shall be made in writing on forms approved and made available by the Zoning Administrator. The applications shall specify the supporting information or documentation that will be required by the applicant and may include other items necessary to describe existing conditions and the proposed development and to determine the level of environmental review pursuant to CEQA.

Schedule of Fees. Fees for permits and other such items or applications authorized or required by this Title shall be assessed in accordance with the City's Fee Schedule established by resolution of the City Council.

Payment of Fees. All applications shall be accompanied by any required fees at the time an application is filed, and no permits and/or other entitlements shall take effect until a fee in the amount established by resolution of the City Council has been paid. However, no fee shall be required when the applicant is the City.

Multiple Applications. If a proposed development requires multiple applications, the applicant shall pay 100% of all required application fees and/or deposits in accordance with the City's Fee Schedule.

Refund of Fees. No refund due to application denial shall be allowed. In the case of a withdrawal, the Zoning Administrator shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal.

Review Process. The Zoning Administrator shall determine whether an application is complete and notify the applicant in writing within 30 days of the date the application is filed with the required fee unless specific requirements are provided in the individual sections of this Title or as required by State law.

Incomplete Application. If the Zoning Administrator deems an application to be incomplete, they shall notify the applicant in writing and provide a list of the information, forms, additional permit(s), or fees that are necessary to complete the application.

Complete Application. If the Zoning Administrator deems an application to be complete, they shall make note of the date of completion and notify the applicant in writing and shall distribute the application to the various City departments and agencies, as applicable. After examination of the application by the applicable City departments, any comments and/or conditions shall be provided to the Planning Division in writing by the other departments and agencies. If an application requires a public hearing, the City shall schedule it in a reasonable and timely manner, in accordance with Section 18.04.040 (Public Noticing and Hearings).

Purpose. The purpose of the Public Image Enhance Program is to enhance the overall image of the City through aesthetic and cultural improvements. The "Public Image Enhancement Fund" is created to account for fees paid in accordance with this Subsection. The fund shall be maintained by the City Treasurer and shall be used solely for the implementation of the Public Image Enhancement Program.

Fees. Fees are to be paid at time of certificate of occupancy issuance in the following amounts:

Priority Program. The Public Image Enhancement Fund shall be prioritized for developments, including, but not limited to, signage, landscape, or median improvements at key entry points to the City; art in public places; street banners or pole flags; railroad overpass or overhead pedestrian crosswalk signage; median and parkway improvements; or similar image enhancement programs as determined by the City Council. The actual list of program priorities shall be adopted or amended by resolution of the City Council upon recommendation by the Planning Commission. Specific development enhancements or expenditures from the Public Image Enhancement Fund can only be made for those enhancements contained in the priority program.

Review Authority. The Planning Commission shall act as the advisory body to the City Council involving expenditures from the Public Image Enhancement Fund.

Mailed Notice for Public Hearings. A notice of time, date, and place of the public hearing shall be mailed not less than 10 days prior to the date set for such hearing to the owner, applicant, lessee and/or other persons having a vested interest therein, and to all owners of property within a radius of 500 feet, or as determined by the Zoning Administrator, measured from the external boundaries of the subject property described in said notice of which such owners of property appear on copies of the equalized assessment roll of the Los Angeles County on file in the office of the County Assessor. Any error in the copy of the assessment roll shall not invalidate any act of the Review Authority. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than 1,000, the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least 1/8th page in at least one newspaper of general circulation within the City at least 10 days prior to the hearing.

Location for Posting Notices. At least 10 days before the day of the public hearing notice shall be posted in the following five public places:

Newspaper Notice for Public Hearings. A notice of time, date, and place of the public hearing shall be published in at least one newspaper of general circulation within the City in an edition published therefor not less than 10 days prior to the date set for the public hearing.

Form, Wording, and Contents of Notices. The form, wording, and content of notices for public hearings shall set forth the day of the week, date, place or exact location, time, file number or other identification, name of the applicant or initiator, description of the matter under consideration, and the address or general location thereof, relative to the public hearing or hearings to be held on the matter. Such notices shall appear in a format acceptable to the Zoning Administrator.

Date and Time of Hearing. When an application requires a public hearing, the Zoning Administrator or City Clerk shall schedule the date and time for the public hearing.

Hearing on Application. The Zoning Administrator shall prepare and transmit a written report, based upon an examination and review of the application and other written investigations, and complete record of the application to the Review Authority, or as otherwise provided in this Title.

Conduct of Public Hearings. Whenever the provisions of this Title require a public hearing, the hearing shall be conducted in compliance with the requirements in Pico Rivera Municipal Code Chapter 2.44, Planning Commission, of Title 2 (Administration and Personnel).

All conditions of approval as set forth by the Review Authority shall be fully complied with and must be undertaken, or completed, within the time period specified in the granting of any permit or approval. If no time period is specified by the Review Authority, other provisions of this Title, or State law, any permit or approval granted under this Title must be undertaken or exercised within two years from the effective date of approval.

Failure to comply with the specified time periods shall automatically render the permit or approval null and void, and it shall not be reconsidered except upon filing a new application.

Initiation. The Zoning Administrator may initiate the revocation of a permit or entitlement.

Review Authority. The Planning Commission is the Review Authority for the revocation of a permit or entitlement.

Noticing and Hearing. The Zoning Administrator shall inspect the property, other written reports, and investigations, shall review all facts which may warrant revocation, shall set the matter of revocation for hearing before the Planning Commission, in accordance with Section 18.04.040 (Public Noticing and Hearings), and shall provide the permit holder 15 days' written notice prior to the hearing. The permit holder may present evidence and contest the revocation.

Required Findings. In reviewing the factors for revocation, the Review Authority shall make any one of the following findings:

Appeals of Zoning Administrator Decisions. The Planning Commission is the appeal body for decisions of the Zoning Administrator.

Appeals of Planning Commission Decisions. The City Council is the appeal body for decisions of the Planning Commission.

Any appeal presented or heard by the Reviewing Authority shall not be a de novo hearing or review. The scope of the Reviewing Authority during the appeal process is to review the decision of the Zoning Administrator or Planning Commission and to evaluate whether such decision was reasonable and appropriate, based on the evidence presented, and not arbitrary, unfair or capricious or to overturn the decision based upon the review of the appeal.

Application and Fees. An application for an appeal shall be prepared, filed, and processed in compliance with Section 18.04.020 (Applications and Fees). The application shall be filed with the Planning Division for Zoning Administrator decisions or City Clerk for Planning Commission decisions and include any information the Zoning Administrator may require.

Time Limits. Application and fees for appeals shall be filed not more than 14 calendar days after the decision or action has been taken.

Standards for Review. Upon the filing of a verified application, the Zoning Administrator shall transmit the application forthwith to the Review Authority, and the Review Authority shall investigate, examine, review, hear testimony from and on behalf of the applicant, and render its findings and decisions on the matter using the same standards for decision-making required for the original decision.

Public Noticing and Hearing. Appeals of permits, approvals, or decisions shall require a public hearing if the original decision required a public hearing. Public noticing shall be issued in the same manner as the original decision in compliance with Section 18.04.040 (Public Noticing and Hearings).

An AUP is required for uses and developments identified in Division 3 (Zones and Zone-Specific Standards) of this Title and/or any other section of this Title which requires approval of an AUP. The use shall be subject to the provisions of this Section prior to the issuance of any permit or approval.

An AUP applies to uses and developments that require special consideration and application of specific conditions of approval, including operation, design, and location, to minimize potential impacts and ensure that the proposed use can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of and/or minimize incompatibility with surrounding uses.

Notice of Decision. The Zoning Administrator shall announce their findings and decisions pursuant to Section 18.04.050 (Notice of Decision and Findings Required).

Appeals. The actions and decisions of the Zoning Administrator may be appealed as provided for in Section 18.04.100 (Appeals).

Expiration and Extension. AUPs may only be extended or may expire as provided for in Section 18.04.080 (Expiration and Extension).

Revocation. AUPs are effective and may be revoked as provided in Section 18.04.090 (Revocation of Permits or Entitlements).

A CUP is required for uses and developments identified in Division 3 (Zones and Zone-Specific Standards) of this Title and/or any other section of this Title which requires approval of a CUP. The use shall be subject to the provisions of this Section prior to the issuance of any permit or approval.

A CUP applies to uses and developments that require special consideration and application of specific conditions of approval, including operation, design, and location, to minimize potential impacts and ensure that the proposed use can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of and/or minimize incompatibility with the surrounding uses.

The proposed use of land and development is allowed within the applicable zone and complies with all other applicable provision of the Pico Rivera Municipal Code and this Title;

The proposed use is consistent with the provisions and objectives of the General Plan and any applicable Specific Plan;

The proposed use of land and development complies with any design or development standards applicable to the zone or use;

That adequate consideration for the protection of the environment has been satisfactorily demonstrated;

The operating characteristics of the proposed use, including traffic, noise, light, and others performance standards, will be compatible with and will not adversely affect or degrade the character of the surrounding neighborhood, other adjacent uses or uses in the vicinity, public health, safety, or general welfare of the community; and

The site is physically suitable for the proposed use of land and development and has adequate access to public facilities and utilities, or will have access concurrent with the proposed development, and shall not place a demand for or burden upon other municipal improvements, services, or utilities.

Notice of Decision. The Review Authority shall announce its findings and decisions pursuant to Section 18.04.050 (Notice of Decision and Findings Required).

Appeals. The actions and decisions of the Planning Commission may be appealed as provided for in Section 18.04.100 (Appeals).

Expiration and Extension. CUPs may only be extended or may expire as provided for in Section 18.04.080 (Expiration and Extension).

Revocation. CUPs are effective and may be revoked as provided in Section 18.04.090 (Revocation of Permits or Entitlements).

Purpose. The intent and purpose of the Minor Modification Permit is to establish procedures and requirements for revising and modifying an approved CUP in accordance with this Subsection.

Applicability. A CUP may be modified whenever a practical difficulty occurs or unforeseen circumstances arise during the exercising of a CUP provided that the CUP is in effect, there are no existing violations, and requested revisions are consistent with the original findings approved by the original Review Authority and are limited to the following, at the discretion of the Zoning Administrator:

Application Requirements. An application for a Minor Modification Permit shall be prepared, filed, and processed in compliance with Section 18.04.020 (Applications and Fees). The application shall be filed with the Planning Division and include any information the Zoning Administrator may require.

Review Authority. The Zoning Administrator shall act as the Review Authority and approve, conditionally approve, or deny applications for Minor Modifications in accordance with the requirements of this Subsection.

Required Findings. Prior to the granting of any Minor Modification Permit the Review Authority shall determine whether the applicability requirements for qualification have been met and shall make the findings required for the original CUP, or as provided for in this Section.

Public Noticing and Hearing. A public hearing and subsequent noticing are not required for a Minor Modification Permit. The Zoning Administrator may require a public hearing if they determine the development may generate substantial public interest, in which case it shall be held in the same manner as required for a CUP, if applicable.

Notice of Decision. The Zoning Administrator shall announce its findings and decisions pursuant to Section 18.04.050 (Notice of Decision and Findings Required).

Christmas Tree/Pumpkin Patch Sales Lots. Permitted on a temporary basis for a maximum of 30 days in the CPD, C-G, C-M, I-L, I-G, and IPD zones. Also permitted in the R-E and S-F zones if operated by a community or nonprofit group.

Circuses, Carnivals, and Fundraising Events. When sponsored by a community nonprofit organization.

Fairs, Festivals, and Concerts. When not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities.

Movie production.

Off-site contractor's construction yard related to an active construction development.

Promotional Sales. Temporary outdoor display/sales of merchandise permitted in any commercial zone, provided that there shall be no more than three such displays/sales in any one 12-month period and are not conducted for a period of more than four consecutive days, that such merchandise is customarily sold on the premises, and that such premises are utilized for a permanently established business.

Similar temporary uses which, in the opinion of the Zoning Administrator, are compatible with the zone and surrounding land uses.

No more than four times on any lot per calendar year.

No such sale shall last more than two consecutive calendar days.

The merchandise offered for sale shall only be used household goods belonging to the property owner or occupant. Merchandise which is obtained for the sole purpose of resale is considered a business and is strictly prohibited. Not more than five items of the same kind, type, or model shall be displayed at any time, and not more than two residential appliances can be displayed at any time.

No signs shall be erected within any public right-of-way.

Merchandise for sale shall only be displayed or sold within the hours of 7 a.m. and 7 p.m.

Canopies, tables, racks, and other fixtures associated with the set-up of a permitted yard sale may be placed outside as early as 5 p.m. on the day prior to the first day of the sale and shall be removed from public view by 9 p.m. on the final day of the sale.

None of the following items shall be sold, exchanged, or bartered at any garage or yard sale: food or beverages, alcoholic beverages, tobacco products, controlled substances, illegal substances, commercial appliances and equipment, firearms, ammunition, explosives, animals and livestock, items where the serial number has been removed, stolen merchandise, or any item prohibited by the City, County, State, or Federal government.

The operation of the requested use at the location proposed and within the time period specified will not adversely affect the public health, safety, or general welfare of the community;

The proposed site is adequate in size and shape to accommodate the temporary use;

The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quality of traffic that such temporary use will or could reasonably generate;

Adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on site or at alternate locations acceptable to the Zoning Administrator; and

The use would not jeopardize the public peace, safety, or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.

Provision of temporary parking areas, including vehicular access;

Regulation of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, odors, gases, and heat;

Regulation of temporary buildings, structures, and facilities, including placement, height and size, location of equipment, and open spaces, including buffer areas and other yards;

Provision of sanitary and medical facilities, solid waste collection and disposal, and security and safety measures;

Regulation of signs;

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

Submission of a performance bond or other surety device to ensure that any temporary facilities or structures used for such 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 with no trash or debris remaining in the surrounding area; and

Such other conditions which will ensure the operation of the requested temporary use in an orderly and efficient manner and in accordance with the intent of this Section.

Notice of Decision. The Review Authority shall announce its findings and decisions pursuant to Section 18.04.050 (Notice of Decision and Findings Required).

Effective Date. All temporary uses shall obtain a City business license to operate. Issuance of TUPs shall not become effective until a business license has been obtained.

Appeals. The actions and decisions of the Zoning Administrator may be appealed as provided for in Section 18.04.100 (Appeals), except that the appeal may be filed no more than three days after the decision of the Zoning Administrator.

Revocation. TUPs may be revoked as provided in Section 18.04.090 (Revocation of Permits or Entitlements).

Minor Variance. The Zoning Administrator shall act as the Review Authority and approve or deny applications for Minor Variances in accordance with the requirements of this Section.

Variance. The Planning Commission shall act as the Review Authority and approve or deny applications for Variances in accordance with the requirements of this Section.

Applicability. A Minor Variance Permit may not exceed a 25% increase or reduction of the minimum or maximum regulation, or as otherwise provided in this Title, and shall not involve a request from more than three regulations.

Notice of Decision. The Zoning Administrator shall announce its findings and decisions pursuant to Section 18.04.050 (Notice of Decision and Findings Required).

Applicability. Any variations exceeding the requirements for Minor Variances as provided for above in Subsection E (Minor Variances) of this Section shall be subject to a Variance.

Public Notice and Hearing. The Zoning Administrator shall transmit an application for a Variance to the Planning Commission, and the Planning Commission shall hold a public hearing in a reasonable and timely manner and in compliance with Section 18.04.040 (Public Noticing and Hearings).

Notice of Decision. The Planning Commission shall announce its findings and decisions pursuant to Section 18.04.050 (Notice of Decision and Findings Required).

There are exceptional and extraordinary circumstances and conditions which apply to the subject property or affect the intended use that do not generally apply to other property or similar uses in the same vicinity and zone;

The strict and literal enforcement of specified regulations of the Zoning Code would result in practical difficulty or unnecessary hardship not created by or attributable to the applicant or the owner of the property involved;

The granting of the application is necessary for the preservation and enjoyment of a substantial property development right possessed by other property in the same vicinity and zone but which is denied to the property involved;

The granting of the application will not be materially detrimental to the public health, safety, environment, and general welfare, or materially injurious to other properties, improvements, or uses in the same vicinity or zone; and

The granting of the application will be in harmony with and will not adversely affect the provisions of this Title and the goals, policies, and actions of the General Plan.

Appeals. The actions and decisions of the Review Authority may be appealed as provided for in Section 18.04.100 (Appeals).

Revocation. Variances and Minor Variances are effective and may be revoked as provided for in Section 18.04.090 (Revocation of Permits or Entitlements).

Expiration and Extension. A Variance or Minor Variance may only be extended or may expire as provided for in Section 18.04.080 (Expiration and Extension).

Purpose. The intent and purpose of this Subsection is to set forth and establish standard planning review procedures for ministerial applications used to ensure that uses and structures are in accordance with the applicable requirements of this Title.

Applicability. A Zoning Consistency Review is required for all new and modified uses and structures proposed as part of any nondiscretionary construction or installation application. Ministerial developments subject to a Zoning Consistency Review shall meet all objective standards provided in this Title.

Review Authority. The Zoning Administrator or designee shall have the authority to review and approve Zoning Consistency Reviews in accordance with the procedures and requirements of this Subsection.

Purpose. The intent and purpose of this Subsection is to set forth and establish procedures and requirements governing home occupations, in conjunction with the requirements in Section 18.22.130 (Home Occupations).

Applicability. Pursuant to the requirements of this Title, home occupations are allowed as an accessory use in any lawfully constructed and occupied dwelling units as permitted by this Title. A Home Occupation Permit shall be required for all home occupations in legally permitted dwelling units.

Review Authority. The Zoning Administrator shall have the authority to review and approve Home Occupation Permits in accordance with the procedures and requirements of this Section.

Application and Fees. Any owner or occupant as permitted by this Title may file an application for a Home Occupation Permit with the Planning Division, verified by said owner or occupant. The application shall be prepared, filed, and processed in compliance with Section 18.04.020 (Applications and Fees).

Appeals. The actions and decisions of the Zoning Administrator may be appealed as provided in Section 18.04.100 (Appeals).

Purpose. The intent and purpose of this Subsection is to set forth and establish procedures and requirements for cottage food operations, in conjunction with the requirements in Section 18.22.090 (Cottage Food Operations).

Applicability. Pursuant to the requirements of this Title, cottage food operations are allowed as an accessory use in any lawfully constructed and occupied dwelling units as permitted by this Title. A Home Occupation Permit shall be required for all cottage food operations in legally permitted dwelling units.

Review Authority. The Zoning Administrator shall have the authority to review and approve applications for cottage food operations in accordance with the procedures and requirements of this Subsection.

Review of Application. Within 60 days after submittal of a complete application and fee as required by this Subsection, the Zoning Administrator shall approve, approve in modified form, or deny the application in compliance with the authority and requirements set forth in Government Code Section 51035, as may be amended.

Conditions of Approval. Cottage food operations shall be approved by the Zoning Administrator, if the proposed cottage food operation as applied for or as modified, complies with the standards set forth in this Title. However, the Zoning Administrator may conditionally approve the use with any additional standards, related to spacing and concentration, traffic control, parking, or noise which the Zoning Administrator deems necessary to mitigate the impact of the proposed use on the surrounding residential neighborhood.

Notice of Decision. The Zoning Administrator shall announce their findings and decisions pursuant to Section 18.04.050 (Notice of Decision and Findings Required).

Appeals. The actions and decisions of the Zoning Administrator may be appealed as provided in Section 18.04.100 (Appeals).

Purpose. The purpose of this Subsection is to set forth and establish procedures and requirements governing group homes, in conjunction with the requirements in Section 18.22.120 (Group Homes).

Applicability. Pursuant to the requirements of this Title, group homes are allowed in a lawfully constructed and occupied dwelling units as permitted by this Title. A Group Home Permit shall be required for all group home operations.

Review Authority. The Zoning Administrator shall have the authority to review and approve in a ministerial matter the application for a Group Home Permit if the applicant is in compliance with Section 18.22.120 (Group Homes).

Additional Requirements. See Section 18.22.120 (Group Homes).

A request for reasonable accommodation may include 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.

A request for reasonable accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.

Requests for reasonable accommodation shall be prepared, filed, and processed in compliance with Section 18.04.020 (Applications and Fees). Requests for reasonable accommodation shall be filed in writing with the Planning Division and provide the following information:

If necessary to reach a determination on the request for reasonable accommodation, the Reviewing Authority may request further information from the applicant consistent with fair housing laws and the privacy rights of the individual with a disability. If the Reviewing Authority requests additional information from the applicant consistent with fair housing law protections and privacy rights, the 30-day time period for making a determination on the request, pursuant to Subsection G.1 (Notice of Decision) of this Section, stops running until the additional information is provided to the Reviewing Authority.

Concurrent Application. If the development for which the request for reasonable accommodation is being made also requires some other discretionary approval under this Title, the request shall be submitted and reviewed concurrently with the application for discretionary approval in accordance with the procedures in Section 18.04.020 (Application and Fees).

The housing, which is the subject of the request, will be used by an individual disabled as defined under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

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

The requested reasonable accommodation would not adversely impact surrounding properties or uses, based on the criteria set forth in Section 12179 of the California Administrative Code.

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.

Notice of Decision. Except as specified in Subsection D (Application Requirements) of this Section, the Zoning Administrator shall make a written determination within 30 days for non-concurrent review requests after the application is deemed complete to announce their findings and decisions, pursuant to Section 18.04.050 (Notice of Decision and Findings Required). If the reasonable accommodation request is submitted for concurrent review with another discretionary land use application, the decision to approve, conditionally approve, or deny a request shall be made at the same time as the decision for the discretionary land use application(s).

Appeals. The actions and decisions of the Review Authority may be appealed as provided for in Section 18.04.100 (Appeals).

Expiration and Extension. Reasonable accommodations may only be extended or may expire as provided for in Section 18.04.080 (Expiration and Extension). A reasonable accommodation shall expire if the accommodation is no longer required or if the recipient of the accommodation no longer resides at the property.

Zoning Map and Text. Whenever the public necessity, convenience, or general welfare justify or deem essential an amendment or modification of the Zoning Map or Text consistent with the General Plan such changes or modifications shall be made in the form of an amendment by ordinance.

General Plan. Whenever public necessity, convenience and general welfare require changes in or modifications of the General Plan or any element, or to address changes in State or Federal law and problems and opportunities that were unanticipated at the time of adoption or the last General Plan amendment, such changes or modifications shall only be made in the form of an amendment.

The Review Authority shall notice and hold a public hearing in compliance with Section 18.04.040 (Public Noticing and Hearings) and as provided below. Notice of the hearings shall also be mailed or delivered to any other local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the property that is the subject of the proposed amendment.

Public Noticing. At least 10 days before the day of the public hearing for a General Plan, Zoning Text, and/or Zoning Map amendment, notice shall be published in at least one newspaper of general circulation in the City. If an ordinance or amendment to a zoning ordinance affects the permitted uses of real property, notice of the public hearing shall be not less than 20 days prior to the date set for such hearing. Notice shall be posted in the following five public places:

Public Noticing — Mailing for Zoning Map Amendments. In addition to the public noticing requirements in Subsection B.2 (Public Noticing) above, a mailed notice shall be mailed or delivered to all property owners within a 500-foot radius of the subject property as shown on the latest available assessment roll at least 10 days before the day of the public hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than 1,000, the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least 1/8th page in at least one newspaper of general circulation within the City at least 10 days prior to the hearing. If an ordinance or amendment to a zoning ordinance affects the permitted uses of real property, the City shall place the advertisement not less than 20 days prior to the date set for such hearing.

Planning Commission Notice and Hearing. The Planning Commission shall notice and hold a public hearing in compliance with Section 18.04.040 (Public Noticing and Hearings) and as provided in this Chapter.

Recommendation to City Council. Following the public hearing, the Planning Commission shall make a written recommendation to City Council on the proposed adoption or amendment of a General Plan, Zoning Text, and/or Zoning Map, pursuant to Section 18.04.050 (Notice of Decision and Findings Required).

City Council Notice and Hearing. After receiving the recommendation report from the Planning Commission, the City Council shall hold a public hearing in compliance with Section 18.04.040 (Public Noticing and Hearings) and as provided in this Chapter.

City Council Action. After the conclusion of the public hearing, the City Council may approve, modify, or deny the proposed amendment and shall give the Planning Commission and applicant written notice of its actions and decision. If the City Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall be referred to the Planning Commission for review, report, and recommendation but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 calendar days after the reference shall be deemed a recommendation for approval, and the amendment shall be returned to City Council for action.

Right to Continue. A legally established nonconforming use may be continued and maintained provided there is no addition, enlargement, alteration, or other change to any use, building, or structure, except as otherwise permitted by this Chapter.

No intensification, expansion, or other change in use and no alteration or other change in structures is permitted, except as otherwise provided in this Chapter.

Any nonconforming use of land shall be terminated if it has been non-operational and/or vacated for a continuous period of six months, and any subsequent uses shall comply fully with the provisions of this Title.

For the purposes of determining whether a use has been discontinued, the property owner shall have the burden of proof in demonstrating a continuation of use.

If the cost of repair or reconstruction is less than or equal to 50% of the replacement value of the structure, replacement of the damaged portions of the structure is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed.

The determination of the extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of rebuilding the entire structure as it existed prior to the damage. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code.

Residential Structures. Any nonconforming residential use may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage, and the nonconforming use, if any, may be resumed subject to a Zoning Consistency Review in the case of single-unit dwellings or as required under Division 3 (Zones and Zone-Specific Standards) of this Title in the case of other residential uses, unless the Zoning Administrator finds that:

Building permits for any reconstruction, restoration, or rebuilding undertaken must be obtained within two years after the date of the damage or destruction.

Type IV and type V buildings (light incombustible frame and wood frame), 35 years;

Type III building (heavy timber construction and ordinary masonry), 40 years;

Type I and type II buildings (fire resistive), 50 years.

Any property owner may file an application for a proposed Development Agreement with the Zoning Administrator. The application shall be prepared, filed, and processed in compliance with Section 18.04.020 (Applications and Fees) and as provided in this Chapter.

The Zoning Administrator may obtain the opinion of the City Attorney as to the sufficiency of the applicant's interest in the real property to enter into the Development Agreement.

If the application is found to be complete, the Zoning Administrator shall accept the application for filing and forward a copy of the proposed Development Agreement to the City Attorney for review.

Required Contents. A Development Agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes.

Supplemental Contents. Development Agreements may also include the following:

Planning Commission Notice and Hearing. The Planning Commission shall issue a notice of intention and hold a public hearing in compliance with Section 18.04.040 (Public Noticing and Hearings) and as provided in this Chapter.

Recommendation to City Council. Following the public hearing, the Planning Commission shall make a written recommendation to City Council on the proposed Development Agreement pursuant to Section 18.04.050 (Notice of Decision and Findings Required).

Applicant Execution of Agreement. A proposed Development Agreement shall be executed by the applicant before it is placed before City Council for consideration at a public hearing.

City Council Notice and Hearing. After receiving the recommendation report from the Planning Commission, the City Council shall issue a notice of intention and hold a public hearing in compliance with Section 18.04.040 (Public Noticing and Hearings) and as provided in this Chapter.

City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed Development Agreement, shall announce its findings and decisions pursuant to Section 18.04.050 (Notice of Decision and Findings Required), and shall give the Planning Commission and applicant written notice of its actions and decision. If public testimony or City Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision may be referred to the Planning Commission for review, report, and recommendation, but the Planning Commission shall not be required to hold a public hearing.

Adoption by Ordinance. Approval of a Development Agreement shall be by ordinance and shall incorporate by reference the text of the agreement.

The Development Agreement provides benefit to the City.

The proposed Development Agreement is in conformance with the goals, policies, and actions of the City's General Plan and the intent and purpose of any applicable Specific Plan and this Zoning Code (Title 18).

The Development Agreement promotes the public health, safety and welfare of the City.

The Development Agreement has a positive effect on orderly development of property and preservation of neighboring property values.

Compliant Development Agreements. If the Zoning Administrator finds and determines, on the basis of substantial evidence, that the applicant or successor has complied in good faith with the terms or conditions of the agreement, no action is required.

Noncompliant Development Agreement. If the Zoning Administrator finds and determines, on the basis of substantial evidence, that the applicant or successor has not complied in good faith with the terms or conditions of the agreement, the City may terminate or modify the agreement in compliance with this Chapter.

Appeal of Determination. Findings made pursuant to this Section may be appealed to the City Council in accordance with Section 18.04.100 (Appeals). The issuance of a finding of compliance or noncompliance and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.

Mutual Agreement. Any Development Agreement may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this Section.

After Finding of Noncompliance. If a finding of noncompliance does not include terms of compliance, or if the applicant does not comply with the terms of compliance within the prescribed time limits, the Zoning Administrator may refer the Development Agreement to the City Council for termination or revision. After issuing a notice of intention and holding a public hearing, the City Council may terminate the Development Agreement, modify the finding of noncompliance, or rescind the finding of noncompliance and issue a finding of compliance.