This chapter provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits required by this Title. Application of land use and development application procedures within the Garvey Avenue Specific Plan shall be consistent with the Specific Plan goals, objectives, and the purpose and character of each land use district.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

Table 17.120.020.1 (Review Authority), below, identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Code. "Decision" means that the review authority makes the final decision on the matter. "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 17.160 (Appeals and Requests for Review). "Recommend" means that the review authority should provide preliminary review and forward input to the decision-making review authority for consideration. Any review authority may defer and refer the request to the next higher review authority level. The review and approval land use permits, where the Community Development Director is indicated as the Review Authority in the table below, is shared by the Planning Division, the Community Development Director, and the Development Review Committee.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Concurrent Filing. An applicant for a development project that requires the filing of more than one application (e.g., Zoning Map Amendment and a Conditional Use Permit, etc.), shall file all related applications concurrently, with all application fees, unless this concurrent filing requirement is waived by the Community Development Director.

B.

Concurrent Processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or denied by the highest review authority designated by this Zoning Code for any of the applications. For example, a project for which applications for Zoning Map Amendment and a Conditional Use Permit are filed shall have both applications decided by the Council instead of the Commission which would otherwise be the final decision making authority for the Conditional Use Permit as specified in Table 17.120.020.1. In the example cited, the Commission would still hear each application (the Zoning Map Amendment and the Conditional Use Permit) and forward recommendations to the Council.

Table 17.120.020.1: REVIEW AUTHORITY

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Optional Pre-Application Process. A prospective applicant is encouraged to file for a pre-application review and meeting before completing and filing a land use permit application. The pre-application process is intended to streamline the overall land use approval process by helping the applicant, staff, and outside agencies identify and resolve critical issues very early in the development process.

1.

Pre-Application Filing. For an application to be accepted, the applicant must provide all of the required information described on the checklist and application form provided by the Planning Division at the time of application submittal. A letter of authorization from the property owner is required if the pre-application is not signed by the owner. Incomplete applications will not be accepted. Only one application may be filed per project.

2.

Pre-Application Fee. A fee, as established by Council resolution, shall be paid upon filing of such application.

3.

Pre-Application Review. Staff conducts an initial review of the proposal, and the applicant is notified of the time and place of the pre-application meeting within thirty (30) days of the application submittal.

4.

Pre-Application Meeting. The purpose of a pre-application meeting is to inform the applicant of City requirements as they apply to the proposed project. During the meeting staff will discuss the City's review process, possible project alternatives or modifications, and identify information and materials the City will require along with the application, including any necessary technical studies and information anticipated for the environmental review of the project.

a.

The applicant or representative must attend the pre-application meeting.

b.

A final comment letter will be sent to the applicant within four business days after the pre-application meeting.

c.

The pre-application review, project comments, information, and/or pertinent policies shall not be construed as either a recommendation of project approval or denial by the City's representative.

d.

Failure of the City's representative to identify all required studies or all applicable requirements at the time of pre-application review shall not constitute a waiver of those studies or requirements.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Each application for a permit, amendment, or other matter pertaining to this Zoning Code shall be made in writing and filed with the Planning Division, using the standard forms provided by the department together with all necessary fees and/or deposits, exhibits, maps, materials, plans, reports, and other information specified in the application form and any additional information required by the Community Development Director in order to describe clearly and accurately the proposed project, its potential environmental impact, its effect on existing improvements, and to conduct a thorough review of the proposed project. Informational requirements for each application are referred to as the application's "Submittal Standards" or "Checklist" and are available at the Planning Division counter.

A.

Applicants are encouraged to contact the Planning Division Staff before submitting an application to verify which materials and fees are necessary for application filing and/or to arrange for an appointment for submittal.

B.

The applicant shall verify the contents of the application and the date of verification shall be noted on the application.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Application Fees.

1.

The City Council shall establish a schedule of fees for the processing of the applications required by this Zoning Code, hereafter referred to as the Planning Division Application Fee Schedule.

a.

The Planning Division Application Fee Schedule is intended to allow recovery of all costs to the maximum extent by law, incurred by the City in processing permit applications.

b.

The Planning Division Application Fee Schedule may be amended as often as deemed necessary by the City Council.

2.

Timing of Payment.

a.

Applications shall not be deemed complete, and processing shall not commence, on any application until all required fees or deposits have been paid. Payment of required fees and/or deposits shall not deem the application complete.

b.

Failure to timely pay supplemental requests for payment of required fees and/or deposits shall be a basis for denial or revocation of any permit or other requested entitlement, notwithstanding any other provisions of this Zoning Code.

3.

Refunds and Withdrawals.

a.

Application fees cover City costs for public hearings, mailings, staff and consultant time, and the other activities involved in processing applications.

b.

No refund due to denial shall be allowed.

c.

In the case of a withdrawal, the Community Development Director 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.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Each application filed with the Planning Division shall be initially processed as follows:

A.

Completeness Review. The Planning Division shall review an application for completeness and accuracy before it is accepted as being complete and officially filed. The Division will consider an application complete when:

1.

All necessary application forms, documentation, exhibits, materials, maps, plans, reports and other information specified in the application form, any applicable Division handout, and any additional information required by the Community Development Director have been provided and accepted as adequate.

2.

All necessary fees and deposits have been paid and accepted.

B.

Notification of Applicant. As required by Government Code Section 65943, the applicant shall receive written notification within thirty (30) days of submittal that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the written notification, must be provided.

C.

Expiration of Application. If an applicant fails to provide the additional information specified in the City's letter within ninety (90) days following the date of the letter, or shorter time frame as determined by the Community Development Director, the application shall expire and be deemed withdrawn without any further action by the City, unless a written request for an extension is submitted by the applicant and approved by the Community Development Director.

D.

Extension of Application. The Community Development Director may grant one 90-day extension upon written request of the applicant. After expiration of the application, and extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of a new project application on the same property.

E.

Referral of Application. At the discretion of the Community Development Director, or where otherwise required by this Zoning Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.

F.

Project Review Procedures.

1.

Investigation of Facts. Following receipt of a completed application, the Community Development Director shall investigate the facts necessary for action consistent with the purpose of this Article.

2.

Inspection of Premises.

a.

Pre-Inspections. The Community Development Director shall have access to the subject premises in order to make an inspection(s) to confirm the statements contained in the application and accompanying graphic materials and to make a judgment as to its suitability.

b.

Post-Inspections. After approval, the Community Development Director shall have access to the subject premises to confirm compliance with this Zoning Code and all conditions of permit approval.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The procedure set forth in Chapter 17.156 (Public Hearings and Administrative Review) and Chapter 17.160 (Appeals and Requests for Review) shall constitute the procedure for public hearings, except as otherwise specifically provided in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Unless a condition of approval or other provision of this Zoning Code establishes a different time limit, any permit or approval not exercised within one year from the actual date of review authority approval shall expire and become void, except where an extension of time is approved in compliance with subsection F. of this Section.

B.

The permit shall not be deemed "exercised" until at least one of the following has first occurred:

1.

A grading permit has been issued and grading has been substantially completed;

2.

A building permit has been issued and construction has commenced, and the building permit remains to be valid by or through the making of satisfactory progress as determined by the Building Official;

3.

A Building Certificate of Occupancy has been issued;

4.

The use is established; or

5.

A time extension has been granted in compliance with subsection F. of this Section.

C.

If a project is to be developed in preapproved phases, each subsequent phase shall be exercised within one year from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and become void, except where an extension of time is approved in compliance with subsection F. of this Section.

D.

If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the tentative map, or the permit shall expire and become void and of no further effect.

E.

Once exercised, any use that has been abandoned for at least one hundred eighty (180) days or changed shall be deemed void.

F.

Extensions of Time. Upon written request by the applicant, the Review Authority who made the decision on the application may extend the time for an approved permit or approval to be exercised.

1.

Filing and Review of Request. The applicant shall file a written request for an extension of time with the Planning Division no less than thirty (30) days or more than ninety (90) days before the expiration date of the permit, together with the filing fee required by the City's fee schedule adopted by resolution.

2.

Action on Extension Request. A permit or approval may be extended for no more than three additional 12-month periods beyond the expiration of the original approval; provided, the Review Authority first finds that there have been no changes in the conditions or circumstances of the site or project so that there would have been grounds for denial of the original project.

G.

Effect of Expiration. After the expiration of a permit or approval in compliance with subsection F. of this Section, no further work shall be done on the site and no further use of the site shall occur until a new permit or approval and any required building permit or other City permits or approvals are first obtained.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Development or a new use authorized through a permit granted in compliance with this Zoning Code shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in compliance with this section.

A.

Application. An applicant shall request a proposed change in writing, and shall also furnish appropriate supporting information and materials explaining the reasons for the request.

B.

Minor Changes Approved by the Community Development Director without a Public Hearing.

1.

The Community Development Director may authorize minor changes to an approved discretionary permit, without a public hearing, where the Community Development Director first finds that the changes:

a.

Are consistent with all applicable provisions of this Zoning Code;

b.

Do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project;

c.

Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; and

d.

Do not result in an expansion or change in operational characteristics of the use.

2.

The Community Development Director may choose to refer any requested change to the original review authority for review and final action.

C.

Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria identified in subsection B. of this Section, or any other provision of the Zoning Code, may only be approved by the original review authority for the project through a modification permit application filed and processed in compliance with this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA), to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration or a mitigated negative declaration may be issued, or whether an environmental impact report (EIR) shall be required. When these determinations are required, the preparation of EIRs, shall be in compliance with the City's CEQA Guidelines.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The purpose of this chapter is to allow for short-term activities that are compatible with adjacent and surrounding uses when conducted in compliance with this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

For the purpose of this chapter, the following terms shall have the meaning set forth herein.

"Temporary Land Use" means a land use that is interim, non-permanent, and/or seasonal in nature, lasting between from one to thirty (30) days, and generally not more than thirty (30) consecutive days in duration. The temporary land use shall only occur on private property.

"Special Event" means a short-term event lasting no more than three days that meets any of the following criteria:

1.

Any event that requires the closure of any street or public right-of-way to vehicular or pedestrian traffic.

2.

Any event to be held at a public/private facility with a projected attendance of five hundred (500) or more people.

3.

Any event that will generate any outdoor video or sound.

4.

Any event that will require the use of City resources for security, crowd control, sanitation, etc.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The following minor and limited duration uses are exempt from Temporary Use Permit and Special Event Permit requirements. Uses that do not fall within the categories defined below shall comply with this chapter.

A.

Construction Sites - On-site.

1.

On-site contractors' construction/storage uses, in conjunction with an approved construction project on the same parcel.

2.

One adult caretaker may be present during nonconstruction hours.

3.

The construction and/or storage use shall be removed immediately upon completion of the construction project, or the expiration of the building permit, authorizing the construction project, whichever first occurs.

B.

Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Community Development Director.

C.

Outdoor Sales and Garage Sales. Outdoor sales on nonresidential property and garage and yard sales (i.e., personal property sales) conducted on residentially zoned property allowed only in compliance with Chapter 17.76 (Outdoor Sales and Garage Sales).

D.

Publicly Owned Property. Events that are to be conducted on publicly owned property, are subject to the approval of the Community Development Director, and are sponsored by educational, fraternal, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The following temporary uses and special events are allowed, subject to the issuance of a permit, and only when conducted in compliance with Section 17.124.070 (Conditions of Approval).

A.

Temporary Uses.

1.

Contractors' Construction Sites (Off-Site). The temporary use of a site for an off-site contractor's construction, staging, or storage area(s). The permit may be effective for up to one hundred eighty (180) days and extended in 180-day increments, with the Community Development Director approval, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

2.

Outdoor meetings and group activities/assemblies for three consecutive days or less, and no more than three events will be permitted on a single property per calendar year, excluding City-sponsored events.

3.

Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots), issued in compliance with Business License requirements provided, the activity may only be held from October 1st through October 31st of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th, of the same year for Christmas tree sales. The Community Development Director may grant an alternative time period on a case-by-case basis.

4.

Temporary Structures. A temporary office or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of twelve (12) months, as an accessory use or as the first phase of a development project, on sites located within the commercial, industrial, and mixed- use zones of the City.

5.

Temporary Work Trailers. A trailer or mobile home may be used as a temporary work site for employees of a business during construction or remodeling of a permanent commercial, or industrial structure when a valid Building Permit is in force for up to twelve (12) months.

6.

Other Similar Temporary Uses. Similar temporary uses that, in the opinion of the Community Development Director, are compatible with the subject zone and surrounding land uses.

B.

Special Events. Special events shall last not more than three days, and no more than three events will be permitted on a single-property per calendar year, excluding City sponsored events. The following is a list of examples of special events:

• An arts and crafts exhibit,

• Auctions,

• Carnivals,

• Concerts,

• Fairs,

• Festivals,

• Food markets/events,

• Outdoor entertainment, or

• Sporting events, such as a 5K, bicycle race, or walking event.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Filing. An application for a Temporary Use Permit or a Special Event Permit shall be filed with the Planning Division in the following manner:

1.

An application for a Temporary Use Permit or Special Event Permit shall include the information and materials specified in the Temporary Use Permit and Special Event Permit handout, together with the required fee(s) as established by City Council's resolution.

a.

A Special Event Permit application shall be filed with the Planning Division at least sixty (60) days before the event is scheduled to take place. Special Event Permit applications submitted within thirty (30) to fifty-nine (59) days before the event is scheduled shall be subject to an expediting fee.

b.

An application for Temporary Use Permit shall be submitted at least thirty (30) days before the use is schedule to commence.

B.

Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.124.060 (Findings and Decision), below.

C.

Project Review Procedures. Following the receipt of a completed application for a Temporary Use Permit or Special Event Permit, the Community Development Director will investigate and consult with other City departments and other agencies as necessary and schedule a conference with the applicant to further discuss any concerns.

D.

Public Hearing Not Required. A public hearing shall not be required for the Community Development Director's decision on a Temporary Use Permit or Special Event Permit application.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The Community Development Director, or his/her designee, shall review the application and may issue a Temporary Use Permit or Special Event Permit that would be operated in full compliance with the Chapter if the following findings can be made:

A.

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

B.

The operation of the requested temporary use or special event will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics;

C.

The proposed site is adequate in size and shape to accommodate the temporary use or special event without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject parcel;

D.

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

E.

Adequate temporary parking to accommodate vehicular traffic which would be generated by the use will be available either on-site or at alternate locations acceptable to the Community Development Director; and

F.

The applicant agrees in writing to comply with any and all of the conditions imposed by the review authority in the approval of the Temporary Use Permit or Special Event.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

May Impose Conditions. In approving a Temporary Use Permit or Special Event Permit, the Community Development Director may impose conditions that are deemed reasonable and necessary to ensure that the activity would be in full compliance with the findings required by Section 17.124.060 (Findings and Decision).

B.

Appropriate Conditions. Conditions addressing any offsite impacts of or other pertinent factors affecting the operation of the temporary event, or use, and may be imposed on the use, and may include (but are not limited to) the following:

•

Fixed period of time;

•

Operating hours and days;

•

Temporary pedestrian and vehicular circulation;

•

Regulation of nuisance factors;

•

Regulation of temporary structures;

•

Litter, sanitary, and medical facilities;

•

Waste collection, recycling, and/or disposal;

•

Evidence of food service permits;

•

Police/security and safety measures;

•

Signs;

•

Limitations on alcoholic beverage sales;

•

Performance bond or other security, such as a Clean-up Deposit;

•

Insurance and indemnification requirements to protect the City from liability as necessary;

•

Clarification of applicant's status, if claiming tax-exempt, non-profit status must attach a copy of their I.R.S. determination letter;

•

Written notification to neighbors;

•

Compliance with Title 5 (Business Licenses and Regulations);

•

Removal of debris, litter, or any other evidence of the temporary use or special event upon completion or removal of the use or event;

•

Compliance with applicable provisions; and

•

Other conditions.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

If the use authorized by any Temporary Use Permit or Special Event Permit is, or has been unused, abandoned, or none of the conditions have been complied with, the Temporary Use Permit shall become null and void and of no effect.

B.

If any condition attached to a Temporary Use Permit or Special Event Permit is violated or if any law, statute or City ordinance is violated, the Temporary Use Permit or Special Event Permit and privileges shall be suspended; provided that the applicant has been given written notice to cease such violation and has failed to do so within the period of time specified. Repeated violations of any of the conditions attached to a Temporary Use Permit or Special Event Permit may be grounds for revocation of the permit in accordance with the provisions of Chapter 17.168 (Revocations and Modifications).

C.

In the event that the operation of any part of a facility granted by Temporary Use Permit or Special Event Permit should result in substantial complaints to the Planning Division, and when staff investigation determines that the conditions as originally drafted are not sufficient to properly regulate the use, the conditions may be modified in accordance with the provisions of Chapter 17.168 (Revocations and Modifications).

D.

For any revocation or modification of a Temporary Use Permit or Special Event Permit, as set forth in subsection B or C of this section, the Community Development Director shall send notice, in writing, to the original grantee of the permit that the Community Development Director intends to revoke or modify the permit, stating the grounds, and informing the grantee of the time and place of the hearing on such revocation, in addition to the requirements set forth in Chapter 17.168 (Revocations and Modifications).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

An Administrative Use Permit is intended to allow for public review of land use proposals which are not of sufficient magnitude or complexity to warrant a Planning Commission hearing, but which could have a noticeable impact on the neighborhood. Uses listed in the Zoning Code as requiring an Administrative Use Permit are deemed to possess location, use, building or traffic characteristics of such unique and special form as to make impractical or undesirable, their automatic inclusion as permitted uses. In granting an Administrative Use Permit, certain conditions may be required to protect the public health, safety, convenience, and general welfare and to assure that the purposes of the Zoning Code shall be maintained with respect to the location, use, building, traffic and other impacts of the proposed use and its relationship with other existing and proposed uses in the surrounding area.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Approval of an Administrative Use Permit is required to authorize proposed land uses specified by Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards) as being allowable in the applicable zone when subject to the approval of an Administrative Use Permit.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The procedure set forth in Chapter 17.120 (Applications and Processing), Chapter 17.156 (Public Hearings and Administrative Review) and Chapter 17.160 (Appeals and Requests for Review) shall constitute the procedure relating to Administrative Use Permits, except as otherwise specifically provided in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

An Administrative Use Permit may be issued only after a hearing before the Community Development Director of the City upon application. The Community Development Director shall also find that the establishment, maintenance or operation of the use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the immediate neighborhood, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City.

A.

All of the following findings shall be made by the Community Development Director in conjunction with the approval of an Administrative Use Permit:

1.

Approval of the application will not be incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare.

2.

The use is consistent with the General Plan.

3.

The use is consistent with the provisions of this Zoning Code.

4.

Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

5.

If development is provided for under the Administrative Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district.

B.

Referral to the Planning Commission. If the Community Development Director determines that there are unusual circumstances or special conditions related to an application, the Community Development Director may defer action and refer the application to the Planning Commission for final decision.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The Community Development Director has the authority to impose any additional conditions upon the Administrative Use Permit, which may be necessary or desirable to mitigate any potential impacts. The conditions may relate to use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements, general character, appearance, time limits, revocation dates, and other conditions necessary to comply with the findings listed in Section 17.128.040 (Findings and decision authority) and all applicable site location, operation and development standards.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

If the use authorized by any Administrative Use Permit is, or has been unused, abandoned or discontinued for a period of six months or none of the conditions have been complied with, the Administrative Use Permit shall become null and void and of no effect.

B.

If any condition attached to a Administrative Use Permit is violated or if any law, statute or City ordinance is violated, the Administrative Use Permit and privileges shall be suspended; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. Repeated violations of any of the conditions attached to an Administrative Use Permit may be grounds for revocation of the Administrative Use Permit.

C.

In the event that the operation of any part of a facility granted by Administrative Use Permit should result in substantial complaints to the Planning Division, and when staff investigation determines that the conditions as originally drafted are not sufficient to properly regulate the use, the conditions may be modified.

D.

For any revocation or modification of an Administrative Use Permit, as set forth in subsection B or C of this section, the Community Development Director shall follow the revocation and modification provisions set forth in Chapter 17.168 (Revocations and Modifications).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The purpose of a Conditional Use Permit is to provide for uses that have a potential for adverse impacts on surrounding properties, residents, or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts to insure they are not detrimental to surrounding property.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A Conditional Use Permit is required for all land uses that are necessary for the development of the community, but because of their nature cannot be classified as a permitted use and must be located, planned, and used in such a manner as not to be detrimental to the property abutting such uses and to the community as a whole.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The procedure set forth in Chapter 17.120 (Applications and Processing), 17.156 (Public Hearings and Administrative Review), and 17.160 (Appeals and Requests for Review) shall constitute the procedure relating to Conditional Use Permits, except as otherwise specifically provided in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A Conditional Use Permit may be issued only after a public hearing before the Planning Commission of the City upon application. The Planning Commission shall also find that the establishment, maintenance or operation of the use so applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood thereof, not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. All of the following findings shall be made by the Planning Commission in conjunction with the approval of a Conditional Use Permit:

A.

Approval of the application will not be or incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare.

B.

The use is consistent with the General Plan.

C.

The use is consistent with the provisions of this Zoning Code.

D.

Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

E.

If development is provided for under the Conditional Use Permit, the project is consistent with the goals and objectives of the applicable standards and Design Guidelines in the overlying district.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The Planning Commission and/or City Council have the authority to impose any additional conditions upon the Conditional Use Permit which it determines are necessary or desirable to mitigate any potential impacts. These conditions may address any pertinent factors affecting the operation of the use, and may include but are not limited to the following:

A.

Limitation on duration of use;

B.

Operating hours and days;

C.

Pedestrian and vehicular circulation. Provision for adequate pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable;

D.

Regulation of nuisance factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent lots, dirt, dust, erosion, gases, heat, noise, odors, smoke, soil contamination, trash, and vibration;

E.

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

F.

Landscaping and screening provisions;

G.

Waste collection, recycling, and/or disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;

H.

Site maintenance;

I.

Lighting provisions (exterior and interior);

J.

Police/security and safety measures. Provision for police/security and safety measures, as appropriate;

K.

Signs. Regulation of signs in compliance with Chapter 17.116 (Signs);

L.

Indemnification agreement;

M.

Signed affidavit for acceptance conditions of approval;

N.

Compliance with applicable provisions. A requirement that the approval of the requested limited term permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful granting of all required permits and licenses from any other department or governing agency; and

O.

Other conditions. Other conditions that would ensure the operation of the use in an orderly and efficient manner, and in full compliance with the purpose of this Section.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A Conditional Use Permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter, except as follows:

A.

If the use authorized by any Conditional Use Permit is, or has been unused, abandoned or discontinued for a period of one year, the Conditional Use Permit shall become null and void and of no effect.

B.

If any condition attached to a Conditional Use Permit is violated or if any law, statute or City ordinance is violated, the Conditional Use Permit and privileges shall be suspended; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. Repeated violations of any of the conditions attached to a Conditional Use Permit may be grounds for revocation of the conditional use permit.

C.

In the event that the operation of any part of a facility granted by Conditional Use Permit should result in substantial complaints to the Planning Division, and when staff investigation determines that the conditions as originally drafted are not sufficient to properly regulate the use, the conditions may be modified.

D.

For any revocation or modification of a Conditional use permit, as set forth in subsection B or C of this section, the Community Development Director shall follow the revocation and modification provisions set forth in Chapter 17.168 (Revocations and Modifications).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Site Plan and Design Review procedures and standards provide for the comprehensive review of proposed development projects to:

A.

Assure orderly development and harmonious appearance of structures with associated site improvements (such as landscaping, parking areas, signs, etc.);

B.

Ensure that each new development is designed to best comply with the purpose and intent of the zoning district in which the property is located, and balance the rights of adjoining property owners regarding privacy, noise, light, health, and safety;

C.

Ensure compliance with the required standards, design guidelines, and ordinances of the City; minimize potential adverse effects on surrounding properties and the environment; and protect the integrity and character of the residential, commercial and public areas of the City;

D.

Ensure the implementation of urban design policies and principles consistent with the City's General Plan;

E.

Develop property in a manner that respects the physical and environmental characteristics of each site and will complement surrounding properties and maintain and protect property values and financial investments;

F.

Ensure the development of a circulation pattern that is safe and convenient for both pedestrians and vehicles; and

G.

Ensure the development will not be incompatible or injurious to other properties or land uses in the vicinity or create conditions materially detrimental to the public health, safety and general welfare.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

No building permit or any other type of construction permit shall be issued for any building structure or other development of property until a Site Plan and Design Review covering the parcel or parcels is approved as provided herein. Building permits and other construction permits may be issued only in accordance with such an approved plan, including the terms and conditions thereof.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Discretionary Review.

1.

Residential. A discretionary site plan and design review by the Planning Commission shall be required for the following residential projects:

a.

Any new dwelling unit to be constructed that equals or exceeds two thousand five hundred (2,500) square feet of developed living area;

b.

Any addition to a dwelling unit in which the total floor area with the addition equals or exceeds two thousand five hundred (2,500) square feet of developed living area;

c.

Any fill that would raise the building pad or front yard elevation by more than twenty-four (24) inches above the natural grade; and

d.

The construction of a small lot subdivision, multi-family dwelling or apartment building in the R-3 zone.

2.

Nonresidential. A Discretionary Site Plan and Design Review by the Planning Commission shall be required for the following nonresidential projects:

a.

Any proposal to construct a new building of three thousand (3,000) gross square feet or more, or the addition of three thousand (3,000) square feet or more within a one-year period, or an addition that exceeds fifty (50) percent of the existing gross floor area in the P-O, C-1, C-3, CBD, CI-MU, and M-1 zones;

b.

Any proposal to construct a building over the minimum numerical height requirement, to exceed the maximum by no more than five feet if it is determined that the additional height would provide unique architectural elements that would enhance the project overall in the Commercial P-O, C-1, C-3, C-4, and CBD zones; and

c.

Any other development proposal where a discretionary site plan review is required by this Title.

B.

Administrative Staff Review.

1.

Residential. An Administrative Site Plan and Design Review by Planning Division staff shall be required for the following residential projects:

a.

The construction of any single-family or two-family dwelling unit in the R-1, R-2, and R-3 zones that has a total developed living area of less than two thousand five hundred (2,500) square feet;

b.

A residential addition and modification to a single-family or two-family dwelling unit in the R-1, R-2, and R-3 zones, in which the total developed living area with the addition is less than two thousand five hundred (2,500) square feet. A modification to a residential structure shall include structural façade improvements, front yard porches, and roof pitch changes;

c.

The installation of hardscape directly adjacent to a new or remodeled residential driveway;

d.

The installation of a portable shade structure in the rear yard of a R-1 or R-2 lot;

e.

The installation of new fences and walls in a residential front yard; and

f.

The construction including expansion of square footage of any accessory structure, including patio covers, pools, and spas.

g.

Minor, nonstructural repairs and maintenance to existing structures provided such minor maintenance and repairs meet the standards of the underlying zone shall be exempt from an administrative site plan review. Minor repairs and maintenance to nonconforming residential structures shall comply with Chapter 17.72 (Nonconforming Uses, Structures, Lots, and Parking Facilities).

2.

Nonresidential. An Administrative Site Plan and Design Review by Planning Division staff shall be required for the following nonresidential projects:

a.

Notwithstanding the provisions of Chapter 17.28 (Overlay Zones), the construction of a new nonresidential building with a total gross floor area less than three thousand (3,000) square feet;

b.

Any addition or modification to a nonresidential structure in which the total gross floor area with the addition is less than three thousand (3,000) square feet. A modification to a nonresidential structure shall include structural façade improvements, including window and door change outs when a building permit is required, and roof pitch changes;

c.

Other nonresidential construction consisting of new fences and walls, new parking lot layout plans, new landscape planters, and signs.

d.

Minor, non-structural repairs, and maintenance to existing structures, parking lots, and landscape planters shall be exempt from an Administrative Site Plan Review, provided such minor maintenance and repairs meet the standards of the underlying zone. Minor repairs and maintenance to nonconforming nonresidential structures shall comply with Chapter 17.72 (Nonconforming Uses, Structures, Lots, and Parking Facilities).

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 998, § 6, 4-27-21)

A.

Discretionary Site Plan and Design Review. A Discretionary Site Plan and Design Review shall be subject to the design review application filing, processing and review criteria outlined in Chapter 17.28, Section 17.28.020 and the public hearing provisions in Chapter 17.156 (Public Hearings and Administrative Review).

B.

Administrative Site Plan and Design Review. Items requiring an Administrative Site Plan and Design Review shall be subject to the review and approval of the Planning Division staff. Each application for an Administrative Site Plan and Design Review shall be reviewed to ensure that the application is consistent with this chapter, applicable development standards and regulations of this Zoning Code, and any adopted design guidelines and policies that may apply. Upon receipt of a completed application, staff shall review the design, location, site plan configuration, and the effect of the proposed development on surrounding development by comparing the project plans to the established development standards, regulations, and applicable design guidelines and policies.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Permits for Grading, Structures, and Uses. Upon approval Administrative Site Plan and Design Review permits may be issued for grading, structures, and uses.

B.

Grading shall not be started and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this chapter, except in compliance with the approved Site Plan and Design Review and the conditions imposed on the review.

C.

Expiration. Construction of improvements permitted by a Discretionary or Administrative Site Plan and Design Review approval shall be "exercised" or started within twelve (12) months of the actual date of approval, provided that this time limit may be increased or decreased, at the time of granting the approval, in order to allow the time limit to be concurrent with any other entitlement to construct identified in this Zoning Code.

D.

Extension. An extension of time for a Site Plan and Design Review maybe granted by the Community Development Director upon the written request of an interested person filed with the Community Development Department prior to the expiration of such twelve (12) months period. Such request shall set forth the reasons, supported by factual data, why the plan has been unused, abandoned, or discontinued. No extension of time shall be granted unless the Community Development Director finds the facts to be substantially as set forth and to constitute justifiable cause for such extension. If the Site Plan and Design Review was approved by the Planning Commission, then the Planning Commission shall consider the request for an extension. A fee shall be paid to the City upon the filing of each request for an extension in an amount established by the City Council from time to time by resolution, for the purpose of defraying the expenditures incidental to the proceedings set forth in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The purpose of a Variance is to give the Planning Commission authority to allow an exception to certain development standards prescribed in the Zoning Code when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Title occur by reason of a strict interpretation and enforcement of any of the provisions of this Title.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A Variance is required for any development that is not consistent with applicable development standards or other regulations of this Title, with an exception of Minor Modifications, which are processed in accordance with Chapter 17.142. A Variance may not be used to permit a land use or activity, which is otherwise not permitted in the applicable zoning district.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The procedure set forth in Chapters 17.156 through 17.168 shall constitute the procedure relating to Variances, except as otherwise specifically provided in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A Variance may be granted only after a public hearing before the Planning Commission of the City held pursuant to Chapter 17.156. All acts of the Planning Commission or any City officers under the provisions of this chapter, shall be construed as administrative acts performed for the purpose of this title shall apply in special cases, as provided in this chapter, and shall not constitute amendments to the provisions of this Title or the Zoning Map.

All of the following findings shall be made by the Planning Commission in conjunction with the approval of a Variance:

A.

There are special circumstances or conditions applicable to the subject property (such as location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning district;

B.

Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning district;

C.

Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and

D.

The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

If a Variance is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

No permit or license shall be issued for any use involved in an application for a Variance until it has become final by reason of the failure of any person to appeal or by reason of the action of the City Council.

B.

If the use authorized by any Variance is, or has been, unused, abandoned or discontinued for a period of one year, or the conditions have not been complied with, said Variance shall become null and void and of no effect, unless by conditions of the Variance a longer period of time is allowed.

C.

An extension of a Variance may be granted by the Planning Commission upon the written request of the applicant filed with the Planning Commission prior to the expiration of a one-year period. Such request shall set forth reasons supported by factual data why the Variance has been unused, abandoned or discontinued or the conditions not complied with. No extension of any Variance shall be granted unless the Planning Commission finds the facts to be substantiated and to constitute justifiable cause for the extension.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The purpose of a minor exception is to give the Community Development Director authority to allow an exception to certain development standards prescribed in the Zoning Code when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title occur by reason of a strict interpretation and enforcement of any of the provisions of this title.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

A.

The Community Development Director shall have the authority to grant, subject to appeals to the Planning Commission, minor exceptions as follows:

1.

Minor exceptions of the rear yard, side yard, lot coverage, driveway, or parking stall size as may be necessary to secure an appropriate improvement of a lot to prevent unreasonable hardship or to promote uniformity of appearance, provided such exceptions do not exceed a twenty (20) percent exception from existing regulations.

a.

A minor exception request for the extension of nonconforming building walls with in a side yard side yard setback may be approved only where:

i.

The square footage of any new encroachment into the setback does not exceed the square footage of the existing nonconforming, encroachment into the setback.

ii.

The resulting structure complies with the floor area, lot coverage, and other setback requirements of the zone in which it is located.

iii.

The minor exception shall be in compliance with all Building and Safety laws.

iv.

No previous variance or minor exception has been granted for an extension of the subject nonconforming wall.

v.

The expansion area shall be defined by the extension of two or more existing exterior walls.

2.

Minor exception of fence, wall, hedge, sign, swimming pool, and storage regulations, including vehicles, boats, trailers, and campers, as may be necessary to secure an appropriate improvement or use of a lot, provided that such exceptions do not exceed a twenty (20) percent variation from existing regulations;

3.

Reduction of other than ADA required accessible parking by two spaces; but

a.

Not to exceed ten (10) percent of the total parking requirement; and

b.

Not to be used in combination with any other variance or exception or development standard modification to the parking requirements; and

c.

Not to be used to reduce the number of spaces required when new buildings or new parking areas are being constructed.

4.

Any other minor exception authorized by the City of Rosemead Municipal Code pursuant to these provisions.

5.

The Community Development Director may, in his or her discretion, refer to the Planning Commission any application for a minor exception for the decision of the Planning Commission without further fee to the applicant.

6.

All acts performed pursuant to the provisions of this chapter shall be construed as administrative acts performed for the purpose of assuring that the intent and purposes of this chapter shall apply in special cases and shall not be construed as amendments to the provisions of this title or to the map adopted by the provisions of this title.

B.

The Planning Commission shall have the authority to grant, subject to appeals to the City Council, minor exceptions as follows:

1.

Addition of new structures on R-1 and R-2 lots where nonconforming residential structures exist. R-1 and R-2 lots may be expanded with additional separate residential units or related separate accessory structures, provided that the additional structures comply with the development standards and requirements of this Zoning Code.

2.

A minor exception request in accordance with this section may be granted only after a public hearing before the Planning Commission held pursuant to Chapter 17.156. All of the following findings shall be made by the Planning Commission in conjunction with the approval of the minor exception request:

a.

The proposal includes all necessary work to eliminate any hazard or safety problem on an existing structure, as required by the Building Official or by an officer of the City charged with protecting the public safety, in order to correct an unsafe condition;

b.

The proposal includes the necessary work to maintain or improve the aesthetic appearance or architectural viability of the existing nonconforming structures onsite;

c.

The legal nonconforming residential unit(s) that exist onsite are solely nonconforming due to minimum residential unit floor area, setbacks, building separation, building height, entry treatment height, and second story architectural standards;

d.

The legal nonconforming residential accessory structure(s) proposed to remain onsite are solely nonconforming due to driveway width, turning radius, minimum stall size, setbacks, or landscaping.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

A.

Form. Applications for a minor exception shall be made in writing to the Community Development Department in such form as approved by the Department. The City shall develop an application checklist, which shall specify all information required to be provided by the applicant in order for such application to be considered complete. Applications filed pursuant to the provisions of this section shall be numbered consecutively in the order of their filing, and copies of all notices and actions pertaining to the application shall be attached thereto.

B.

Supplementary Information. Applications for a minor exception shall be accompanied by the following:

1.

A reference to the provisions of this chapter from which such property is sought to be excepted; and

2.

Fees. A fee shall be paid to the City upon the filing of each application for the purpose of defraying the expenditures incidental to the proceedings set forth in this subchapter in an amount established by the City Council, from time to time, by resolution.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

Notice shall be given by mailing, postage prepaid, to the owners of all property abutting the exterior boundaries of the subject property. If any objections are received within ten (10) business days (Monday—Friday), the Community Development Director shall hold a hearing on the application. Such hearing shall be held not less than ten (10) business days after submittal of a complete application. If no objections are received, no hearing will be required and the Community Development Director may approve the application.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

The Community Development Director shall cause to be made such investigations of the facts bearing upon such applications as will serve to provide all the necessary information to assure that the action on each such application is consistent with the intent of the provisions of this subchapter and with previous amendments, variances, and minor exceptions.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

Appeals from decisions of the Community Development Director shall be made in accordance with the provisions set forth in Chapter 17.160 (Appeals and Requests for Review).

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

No permit or license shall be issued for any use or construction involved in an application for a minor exception until the decision on such application shall have become final by reason of the expiration of the time to make an appeal.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

If for a period of six months any use or construction authorized by any minor exception is, or has been, unused, abandoned, or discontinued, or the conditions have not been complied with, such minor exception shall become null and void and of no effect.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

An extension of time for any minor exception maybe granted by the Community Development Director upon the written request of an interested person filed with the Community Development Department prior to the expiration of a six months period. Such request shall set forth the reasons, supported by factual data of why the minor variance has been unused, abandoned, or discontinued, or the conditions not complied with. No extension of time for any minor exception shall be granted unless the Community Development Director finds the facts to be substantially as set forth and to constitute justifiable cause for such extension. If the original minor variance was granted after an appeal to the Planning Commission, then the Planning Commission shall consider the request for an extension. A fee shall be paid to the City upon the filing of each request for an extension in an amount established by the City Council from time to time by resolution, for the purpose of defraying the expenditures incidental to the proceedings set forth in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 987, § 4, 4-9-19)

These regulations are intended to provide a formal procedure 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") to request reasonable accommodation in the application of the City's land use regulations and to establish relevant criteria to be used when considering such requests.

A.

This chapter is intended to apply to those persons who are defined as disabled under the Acts.

B.

This chapter is intended to provide for minor structural modifications and/or regulatory exceptions. Nothing in these sections shall be interpreted to require the City to waiver or reduce development or building fees associated with the granting of a reasonable accommodation request.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

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

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Requesting Reasonable Accommodation. A disabled person (or his or her representative) who requests a reasonable accommodation in the form of a modification in the application of a zoning requirement or prohibition that might otherwise act as a barrier to fair housing opportunities due to the disability of the applicant may do so by submitting a letter to the Community Development Director and paying any fees. The letter shall contain the following information:

1.

The applicant's name, address, telephone number, and e-mail address;

2.

Address of the property for which the request is being made;

3.

The current actual use of the property;

4.

The basis for the claim that the individual is considered disabled under the Acts;

5.

The zoning code provision, regulation, or policy from which reasonable accommodation is being requested;

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B.

If an individual needs assistance in making the request for reasonable accommodation, the Community Development Director will make every effort to provide the assistance necessary to ensure that the process is accessible to the applicant.

C.

If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, a conditional use permit, design review, general plan amendment, zoning change, annexation, and the like), then the applicant shall file the information required by this section together for concurrent review with the application for discretionary approval.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

The Community Development Director shall have the authority to consider and act on requests for reasonable accommodation. The Community Development Director may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. The determination shall be made in writing. The determination shall be based on the ability to make the required findings as set forth below.

B.

Rather than act on a request for reasonable accommodation, the Community Development Director may refer the application to the Planning Commission for consideration. The Planning Commission may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. If the matter is referred to the Planning Commission, notice for a public hearing shall be given as required by Chapter 17.156 (Public Hearings and Administrative Review). The determination shall be based on the ability to make the required findings as set forth below.

C.

Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The determination shall be based on the ability to make the required findings as set forth below.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The following findings must be analyzed, made and adopted before any action is taken to approve, conditionally approve or deny a request for reasonable accommodation, and must be incorporated into the record of the proceeding relating to approval, conditional approval or denial:

A.

The housing, which is the subject of the request, will be used by a person with a disability as defined under the Acts;

B.

The request for reasonable accommodation is necessary to make specific housing available to a person with a disability as defined under the Acts;

C.

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

D.

The 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;

E.

The impact on surrounding uses does not negatively impact the public health, safety, and welfare;

F.

The physical attributes of and any proposed changes to the subject property and structures are necessary and appropriate;

G.

There are no alternative reasonable accommodations which may provide an equivalent level of benefit and greater adherence to the Code;

H.

The reasonable accommodation would not result in a concentration of uses not otherwise allowed in a residential neighborhood, to the detriment of the residential character of that neighborhood.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of or for approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Section 17.144.040.

B.

Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to provide access to the dwelling unit for the current occupants.

C.

Any approval or conditional approval of an application under Chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The decision of the Community Development Director or the Planning Commission may be appealed as set forth in Chapter 17.160 (Appeals and Requests for Review).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the state of California adopted Section 65864 et seq. of the Government Code, authorizing local governments to enter into Development Agreements with applicants for development projects. The objective of such an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in accord with existing policies, rules, and standards, subject to the conditions of approval, thus vesting certain development rights in the property. The purpose of this chapter is to establish procedures and requirements for consideration of Development Agreements by the City consistent with State law.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The City may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this Title. The City shall, upon request of an applicant, by resolution or ordinance, establish procedures and requirements for the consideration of Development Agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the property.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

City staff shall not begin to negotiate with the applicant until the City Council has so authorized staff, following completion of the pre-application process as set forth below.

B.

The Planning Division shall review the proposal, consult with all City departments, obtain such additional information from the applicant as may be deemed necessary by the City Manager, and shall, within forty-five (45) days of receipt of the proposal, prepare a staff report containing the Department's recommendation to the City Council.

C.

The recommendation shall consist of the following:

1.

A statement of potential public benefits for the City if the agreement were entered into, as identified by the Community Development Director;

2.

A recommendation whether the City should negotiate further with the applicant, with supporting arguments;

3.

A statement of issues for further research and investigation, and issues which should be addressed in the Development Agreement; and

4.

A statement of those documents, applications and other items required by the Community Development Director in order to further process the application or negotiate with the applicant.

D.

Upon receipt of the recommendation of the Community Development Director, the report shall be set for a public hearing before the City Council at its next regularly scheduled meeting. The City Council shall consider at the hearing whether to authorize City staff to negotiate with the applicant concerning the Development Agreement. The public hearings shall be held pursuant to Chapter 17.156 (Public Hearings and Administrative Review), which is in accordance with Section 65090 and 65091 of the Government Code.

E.

Upon the close of the hearing, the City Council shall either:

1.

Direct City staff, by written resolution, to begin negotiating with the applicant, and to prepare a proposed Development Agreement for Planning Commission review; or

2.

Determine that no further negotiations are desirable and so state in a written resolution, including the reasons for such a determination, and reject the application.

F.

The Planning Division shall, at the applicant's expense and in accord with City procedures for implementation of CEQA, undertake environmental review and, upon completion of such review, transmit the application, together with the recommendations thereon, to the Planning Commission.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A Development Agreement is a legislative act that shall be approved by ordinance and is subject to referendum.

A.

Planning Commission.

1.

Upon receipt of an application, the results of the environmental review, and the recommendations of the staff, the Planning Commission shall schedule a public hearing pursuant to Chapter 17.156 (Public Hearings and Administrative Review). The Planning Commission hearing shall be scheduled for six months following City Council authorization to staff to negotiate with the applicant, unless the City and the applicant mutually agree to a later date.

2.

Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the Government Code. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project.

3.

After the public hearing is closed, the Planning Commission shall determine whether the agreement is consistent with the General Plan, shall recommend either approval, modification, or disapproval of the proposed Development Agreement.

B.

City Council.

1.

Upon receipt of the application, the results of the environmental review, and the recommendations of the Department and the Planning Commission, the City Council shall schedule a public hearing on the application pursuant to Chapter 17.156 (Public Hearings and Administrative Review).

2.

If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project.

C.

All of the following findings shall be made by the City Council in conjunction with the approval of a Development Agreement:

1.

The agreement is consistent with the General Plan and with any Specific Plan.

2.

The agreement is consistent with the provisions of this Zoning Code.

3.

Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

4.

That the City Council has considered the fiscal effect of the Development Agreement on the City and the effects on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources.

5.

Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

6.

That the agreement will not be detrimental to the health, safety and general welfare; and will not adversely affect the orderly development of property.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The Development Agreement shall contain the following:

A.

A legal description of the property sought to be covered by the agreement;

B.

A statement of concurrence in the application by the owner if the applicant is not the fee owner;

C.

A description of the proposed uses, height and size of building(s), density or intensity of use, and provision for reservation or dedication of land for public purposes;

D.

A statement of terms and conditions relating to applicant financing of public facilities and required improvements;

E.

All proposed conditions, terms, requirements for subsequent City discretionary actions;

F.

A statement specifying which rights are intended to vest on the effective date of the agreement, and the timing and sequence of subsequent discretionary approvals and vesting of rights;

G.

The proposed time when construction would be commenced and completed for the entire project and any proposed phases;

H.

The termination date for the agreement;

I.

A map showing the location and street address of the property that is the subject of the amendment and of all lots of record within three hundred (300) feet of the boundaries of the property;

J.

A list, drawn from the last equalized property tax assessment roll, showing the names and addresses of the owner of record of each lot within three hundred (300) feet of the boundaries of the property;

K.

A statement documenting that the project is consistent with the General Plan and all applicable specific plans; and

L.

Such other information as the Community Development Director may require by policy or to satisfy other requirements of law.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any approval of a proposed agreement shall authorize the Mayor and the City Administrator to sign the agreement on behalf of the City, and shall become effective after thirty (30) days following the second reading, unless a referendum is filed within that time.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

All Development Agreements shall be reviewed by the Community Development Director at least once every twelve (12) months, unless the agreement provides for more frequent review, in which case the agreement shall prevail.

B.

The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement. Upon a finding by the Community Development Director that substantial compliance has not been achieved, the matter shall be referred for review by the City Council.

C.

Any modification or termination is subject to the provisions of Section 17.148.080, below.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any Development Agreement may be amended, or canceled in whole or in part, by mutual consent of the applicant (or its successor in interest) and the City, or it may be modified or terminated pursuant to the provisions of Section 17.148.040, above. Any significant amendment shall be subject to the provisions of the Government Code, Section 65867.5. Any Development Agreement that is amended or modified shall be subject to those rules, standards, and official policies in force at the time of the execution of the agreement.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The purpose of this chapter is to provide regulations for review of development in those areas of the City for which a Specific Plan has been adopted pursuant to Government Code Section 65450 and Government Code Section 65453.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

This chapter shall apply to all lands which have been zoned "SP" and for which a specific plan has been adopted in accord with the provisions of that specific plan.

B.

Where the provisions of this Title and the provisions of the adopted specific plan differ, the provisions of the specific plan shall prevail.

C.

Where the provisions of this Title and the provisions of a development agreement adopted to implement a specific plan differ, the provisions of the development agreement shall prevail.

D.

Any regulation, standards, or procedure of this Title that is not addressed by the specific plan's regulations, standards, or procedures, shall be applicable to the area governed by the specific plan.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

State law specifies the mandatory specific plan contents pursuant to Government Code § 65451. Each Specific Plan shall list the land uses that may be allowed within the zoning districts established by the Specific Plan, determine the type of land use permit/approval required for each use, and provide standards for site layout and building size.

B.

Development Standards. Uses shall conform to the development standards, conditions and any special restrictions contained in the adopted specific plan and any amendments thereto; provided, however, that if the specific plan lacks one or more standards, the applicable standards from the zoning classification which most closely fits the land use assigned to the site shall be utilized.

C.

The zone shall be applied only upon a finding that the specific plan of land use contains definitive development standards and requirements relating to land use, density, lot size and shape, siting of buildings, setbacks, circulation, drainage, landscaping, architecture, water, sewer, public facilities, grading, maintenance, open space, parking, and other elements deemed necessary for the proper development of the property.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Adoption of, or amendment to, a specific plan relating to land use may be initiated by the City or by submittal of a Master Plan. When initiated by a master plan, the person shall file a petition with the City and pay a filing fee as required in Chapter 17.120 of this Title. Unless otherwise provided therein, amendments shall be processed pursuant to the provisions of the specific plan. The Garvey Avenue Specific Plan amendment process established in this Title under Chapter 17.21 within the Specific Plan area shall take precedence over this Chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

Planning and Zoning Law, Title 7 of the Government Code of the State of California, provides for the preparation and adoption of specific plans to effectuate the General Plan.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The adoption of, or amendments to, specific plans shall be adopted pursuant to Chapter 17.156 (Public Hearings and Administrative Review).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The City Council shall adopt fees by resolution which defray, but do not exceed, the cost of preparation, adoption and administration of the specific plan.

(Ord. No. 931, § 5(Exh. A), 10-22-13)