Temecula City Zoning Code
CHAPTER 17
03 ADMINISTRATION OF ZONING
§ 17.03.010 Purpose and intent.
The purpose of this chapter is to outline procedures for the processing of land use permits and other discretionary approvals. Table 17.03.010 (Approval Authority) identifies approval authority for the various planning, zoning and land use permits issued in the city.
Table 17.03.010 Planning and Zoning Approval Authority | ||||
|---|---|---|---|---|
Application | Administrative Approval | Planning Director | Planning Commission | City Council |
General plan amendment | Recommendation1 | X1 | ||
Zoning amendment: text changes | Recommendation1 | X1 | ||
Zoning amendment: map changes | Recommendation1 | X1 | ||
Zoning amendment: specific plan, includes specific plan amendments | Recommendation1 | X1 | ||
Conditional use permit (CUP)— existing building | X1,2 | |||
Conditional use permit with a development plan | X1,2,3 | X1,3 | ||
CUP modification (all changes) | X1,6 | |||
Development plan (10,000 sq. ft. or greater) | X1 | |||
Development plan (less than 10,000 sq. ft.) | X1 | |||
Major modifications | X2,4 | X1,4 | ||
Minor modifications | X2 | |||
Administrative development plan | X2 | |||
Home occupation plan | X2 | |||
Minor exceptions | X2 | |||
Sign permits | X2 | |||
Sign programs, including sign program modifications | X2 | |||
Temporary use permits | X2 | |||
Variance | X1 | |||
Accessory dwelling unit | X5 | |||
Hillside development permit | X1 | |||
Notes: | |
|---|---|
1. | Requires consideration at a noticed public hearing. |
2. | For matters that are considered to have special significance or impact, the director of planning may refer such items to the planning commission for consideration. |
3. | Conditional use permits without development plans are approvable by the director of planning. Conditional use permits with development plans are approvable by hearing body required for the development plan. |
4. | Major modifications of projects which were approved by the planning commission or city council shall be considered by the original approval body. Increases in building square footage that results in a building larger than 10,000 square feet shall be considered by the planning commission. |
5. | State law requires the administrative consideration of secondary dwelling units. These applications cannot be promoted to the planning commission. |
6. | |
For a development application that requires more than one permit or approval, the approving authority for the entire application shall be the highest level of approval for any portion of the application.
(Ord. 95-16 § 2; Ord. 96-19 § 2(D); Ord. 98-10 § 2; Ord. 98-18 § 4; Ord. 98-19 § 4; Ord. 99-24 § 5(E); Ord. 02-11 § 3(G); Ord. 02-12 § 3; Ord. 03-04 § 8; Ord. 03-06 § 1; Ord. 08-15 § 2; Ord. 10-05 § 2; Ord. 10-07 § 4; Ord. 22-01 § 4; Ord. 23-03 § 21; Ord. 2025-12, 8/12/2025)
§ 17.03.020 Determinations and interpretations.
Director Interprets Code.
A.
The director of planning shall provide interpretations of the development code to members of the public, other government agencies, and other jurisdictions.
B.
The interpretations of the director of planning are subject to the policy directives of the city council.
C.
Specific requests for interpretations of the development code shall be made in writing to the planning department. Determinations by the director of planning shall be made within fifteen days of the request unless a longer period of time is considered necessary for the proper evaluation of the matter.
(Ord. 95-16 § 2; Ord. 96-19 § 2(E))
§ 17.03.030 Application and fees.
A.
Purpose and Intent. The following provisions describe the procedures for filing of applications for permits and other discretionary approvals.
B.
Application Filing. Applications for permits, permit modifications, appeals, amendments and other discretionary approvals pertaining to this development code, shall be submitted to the planning department on city application forms together with all fees, plans and any other information required by the director of planning.
C.
Determination of Completeness.
1.
No application shall be considered to be accepted and scheduled to be processed pursuant to this development code prior to the determination by the director of planning that the application is complete.
2.
A completed application shall consist of:
a.
The application form with all applicable information included on, or attached to, the form. The planning department shall provide an application form which includes a checklist of materials, reports, developments, plans, and written information to be provided by the applicant;
b.
If the application requires a public hearing, a list of the names and addresses of all owners of the property in accordance with Section 17.03.040 of this development code;
c.
Other information or forms required for implementation of the California Environmental Quality Act (CEQA) pursuant to state and the city guidelines for the implementation of CEQA;
d.
A statement indicating that the applicant is owner of the property or is the legal representative of the property owner(s);
e.
Payment in full of the required fees for processing the application, as established by the city council;
f.
Other information as may be required by the director of planning.
D.
Applicant Notification. Within thirty days of the filing of the application the planning department shall give the applicant written notice informing the applicant that the application has been accepted as complete or that the application is incomplete and requires further information.
E.
Application Fees. Application fees for all development permits shall be established by resolution of the city council. A schedule of fees shall be on file with the planning department.
(Ord. 95-16 § 2)
§ 17.03.040 Public hearing and notification.
A.
Setting Public Hearing. A public hearing for an application shall be in accordance with the California Government Code. The hearing date will be set before the city council, planning commission, planning director, or other appropriate hearing body only when the following have occurred:
B.
Notice of Hearing for Review of Applications. Not less than ten calendar days prior to the date of a public hearing, the city clerk shall give notice that shall include the following information concerning the public hearing: time, place, identity of the approval body, nature of the application, general explanation of the matter to be considered, and a general description (in text or by diagram) of the location of the real property, if any, that is the subject of the hearing. The city clerk shall distribute the notice as follows:
1.
A copy of the notice shall be published at least once in at least one local newspaper of general circulation in the city; provided, however, that if there is no newspaper of general circulation in the city, the notice shall be posted in at least three publicly accessible locations in the city.
2.
The notice shall be mailed first class and postage pre-paid to the applicant and its representative (as shown on the application); to the property owner (as shown on the latest available equalized assessment roll of the county of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the county of Riverside as owners of property within a distance of six hundred feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the planning director's judgment, be affected by the establishment of the use or zone requested.
3.
Notices shall be sent to public departments, bureaus, or agencies which are determined by the planning director to be affected by the application or otherwise requiring notice.
4.
Whenever the Temecula city council, planning commission, planning director, or other appropriate hearing body considers the adoption or amendment of policies or ordinances affecting drivethrough facilities, the city clerk shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation.
5.
Any petition for judicial review of a decision of the city council, planning commission, planning director, or other appropriate hearing body shall be filed within time required by, and shall be controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. All posted, published or mailed notices of public hearings to be conducted by the city council, planning commission, planning director, or other appropriate hearing body, shall contain the following:
Any petition for judicial review of a decision of the City Council, [Planning Commission, Planning Director, or other appropriate hearing body] shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Temecula City Council [Planning Commission, Planning Director, or other appropriate hearing body] shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. |
6.
All noticing requirements required by the California Environmental Quality Act (CEQA) and the city guidelines for the implementation of CEQA shall be followed.
C.
Posting of Property.
1.
Standard Notice. The property, which is the subject of the proposed development, shall be posted with informational signs that are four feet by four feet in size, and shall include a description of the proposed development, the date, time, and location of the public hearing, and the location where further information can be obtained. For properties less than five acres in size, one sign per improved street frontage shall be posted on site. For properties greater than five acres in size, two signs per improved street frontage shall be posted on site. For properties that are unusually shaped or within a unique location, the planning director may determine the location for sign posting or require additional noticing of the proposed project. For projects that may change or intensify the existing use or zoning, the planning director may require supplemental or larger signs or both.
D.
Continuances. If, for any reason, testimony on a case cannot be heard or completed at the time set for such hearing, the chair of the hearing body may continue or extend the hearing to another time. Before adjournment or recess, the chair shall publicly announce the time and place at which the hearing will be continued. If the hearing is continued to a specific time and place, no further notice shall be required.
E.
Notice of Decision. The city council, planning commission, planning director, or other appropriate hearing body shall hear relevant testimony from interested persons and shall make its decision within fifteen days after the close of the public hearing. Notice of the decision shall be filed by the planning director with the city clerk, together with a report of the proceedings, not more than fifteen days after the decision. A copy of the notice of decision shall be mailed first class and postage pre-paid to both the applicant and to its representative (as shown on the application) and to any person who has made a written request for a copy of the decision.
F.
Withdrawal of an Application. Any application may be withdrawn at any time prior to a public hearing by filing with the approving body a written request for withdrawal. The request for withdrawal shall be signed by all persons who signed the original application or their designated agents or current fee owner. Any such application or petition may be withdrawn after commencement of a public hearing thereon, with approval of the hearing body. At the time of the withdrawal of the application, consideration may be given for refunding of application fees in whole or in part, based upon the time expended by the city staff up to the time of withdrawal of the application. Refunding policies shall be established by the city council.
G.
Public Hearings for Housing Development Projects. In accordance with California Government Code Section 65905.5 the city may not conduct more than five public hearings on a housing development project if the project complies with the objective general plan and zoning standards in effect at the time an application is deemed complete. For purposes of this subsection, a "public hearing" shall have the same meaning as set forth in Government Code Section 65905.5(b)(2); and a "housing development project" shall have the same meaning as set forth in Government Code Section 65905.5(b)(3). This subsection shall remain in effect only until January 1, 2034, and as of that date is repealed.
(Ord. 95-16 § 2; Ord. 97-17 §§ 2(A) and 8; Ord. 03-04 § 7; Ord. 06-06 § 1; Ord. 10-07 § 12; Ord. 23-11, 11/28/2023)
§ 17.03.050 Amendments to development code.
A.
Purpose and Intent. This section establishes the procedures for amending the zoning district regulations of this development code and boundaries of the zoning districts.
B.
Initiation and Application Requirements.
1.
An amendment to provisions of this development code may be initiated by any of the following actions:
a.
Recommendations of the planning commission with city council concurrence;
b.
Initiation by the city council;
c.
An application from the property owner or his authorized agent; provided, that such application involves the development or modification of the property affected by the amendment;
d.
An application from any affected party, provided that such application involves only revisions to the text of this development code and does not require redistricting of properties for which the affected party is not the owner or the authorized representative of the owner.
C.
Authority of Hearing Bodies for Amendments. Authority for approval of amendments to this development code, including amendments to the zoning map shall be vested in the city council. The director of planning and planning commission shall provide recommendations to the city council regarding such amendments.
D.
Hearings and Notice. Upon receipt in proper form of an amendment application, or direction of the city council, and following department review, the director of planning shall schedule and hold a public hearing with the planning commission. Following action by the planning commission. The city council shall hear the amendment at a noticed public hearing. Notice of time, date and place of all public hearing shall be given as provided in Section 17.03.040.
E.
Planning Commission Action on Amendments. The planning commission shall make a recommendation that the proposed development code amendment be approved, conditionally approved, or denied.
F.
City Council Action on Amendments. Upon receipt of the planning commission's recommendation, the city council may approve, conditionally approve or deny the proposed amendment. Amendments to the development code shall be adopted by ordinance.
(Ord. 95-16 § 2)
§ 17.03.060 Minor exceptions.
A.
Purpose and Intent. Minor exceptions may be approved administratively, only when deviations from code standards are minor and no impact will occur affecting the public health and safety of adjacent properties.
B.
Authority of the Director of Planning. The director of planning may consider and render decisions without public hearing on requests involving minor exceptions to the provisions of this development code for the following purposes:
1.
Reduction of required lot area, size of setback, parking requirements, or landscaped areas by less than fifteen percent of the code requirement. The required size of the setbacks for residential lots accessing onto a cul-de-sac may be modified by up to twenty percent of the code requirement.
Encroachments into the required yard areas that are not normally allowed within the HR and RR zones may be allowed up to the maximum encroachment identified in Table 17.06.050B of this title.
2.
Increases in the allowable building height or lot coverage by less than fifteen percent of the code requirement.
3.
Increases in the height of fences or walls by not more than ten percent of the maximum permitted height, except when such fence or wall is located in the required front yard, in which case a minor exception may not be granted.
C.
Procedure for Review. An application shall be filed with the planning department pursuant to Section 17.03.030. The director of planning shall review the application and render a decision within thirty days of accepting the application as complete to determine if the request is determined to be a minor exception. If the request is determined to be a minor exception then a decision shall be made within thirty days. Appeals of the director of planning's action may be made in accordance with Section 17.03.090.
D.
Basis for Approval or Denial of Minor Exception.
1.
The director of planning may impose such conditions as are deemed necessary to protect the public health, safety and general welfare and assure compliance with the provisions and standards included in this development code.
2.
In making such determination, the director of planning shall find that the proposed use meets with the following:
a.
That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property;
b.
The minor exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity; and
c.
The minor exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone.
E.
Notice of Decision. Notice of decision upon an application for a minor exception shall be in accordance with Section 17.03.040(E) of this development code.
(Ord. 95-16 § 2; Ord. 96-19 §§ 2(F) and (G); Ord. 97-17 § 3(A); Ord. 98-103 § 3; Ord. 05-07 § 3)
§ 17.03.065 Reasonable accommodations.
A.
Purpose and Intent. It is the purpose and intent of this section to provide flexibility in the application of the city of Temecula Municipal Code for individuals with a disability, when flexibility is necessary to eliminate barriers to housing opportunities. This section will facilitate compliance with federal and state housing laws through procedures for considering requests for reasonable accommodations in the application of the city's zoning and land use regulations, policies, and practices pursuant to the Federal Fair Housing Act (codified in Section 3604(f)(3) of Title 42 of the United States Code), and the California Fair Employment and Housing Act (codified in Section 12955 et seq. of the California Government Code), which prohibit local governments from refusing to make accommodations in policies and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling in the city.
B.
Applicability. 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 an individual with a disability equal opportunity for housing of their choice.
C. "Applicant" "Development code" "Director" or "planning director" "Fair Housing Laws" "Fundamental alteration" "Person with a disability" "Reasonable accommodation," "Undue financial or administrative burden"
Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings:
means an individual, business, or organization making a written request to the city for reasonable accommodation in the strict application of the city's zoning and land use laws, rules, policies, practices and/or procedures.
means the city of Temecula development code as set forth in this title.
means the director of planning.
means the Federal Fair Housing Act (42 U.S.C. Section 3601, et seq.), the Americans with Disabilities Act (ADA), and the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), as these statutes now exist or may be amended from time to time, and each Act's implementing regulations.
in the land use and zoning context has the same meaning as defined in the Fair Housing Laws and interpretive case law.
means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual's current, illegal use of a controlled substance unless that individual has a separate disability.
in the land use and zoning context, means any deviation, waiver or other modification requested and/or granted from the strict application of the city's zoning and land use ordinances, laws, rules, regulations, policies, practices and/or procedures for the siting, development and/or use of housing or housing related facilities, when the deviation, waiver or other modification is necessary to eliminate barriers to housing opportunities for the use and enjoyment of an individual resident's housing of their choice.
in the land use and zoning context has the same meaning as defined in the Fair Housing Laws and interpretive case law.
D.
Authority of the Planning Director. The planning director is hereby designated to approve, approve with modifications, or deny, without public hearing, all applications for a reasonable accommodation with respect to land use and zoning ordinances, laws, rules, regulations, policies, practices and/or procedures.
E.
Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodations shall be prominently displayed at public information counters in the planning, zoning and building departments, and city clerk's office, and on the city's website, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in those departments, from the city's ADA coordinator, and on the city's website.
F.
Procedure for Application Review.
1.
Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability.
2.
Application. An application for a reasonable accommodation shall be made on a form provided by the planning department. The application form shall include a checklist of materials, reports, developments, plans, and written information to be provided by the applicant. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.
3.
Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval (including, but not limited to, design review, conditional use permit, variance or subdivision), the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.
4.
Required Submittals. An application for a reasonable accommodation shall include the following:
a.
Documentation that the applicant is: (i) a person with a disability, (ii) applying on behalf of one or more persons with a disability, or (iii) a developer or provider of housing for one or more persons with a disability;
b.
The name and address of the individual(s) requesting the reasonable accommodation;
c.
The name and address of the property owner(s);
d.
If the applicant is someone different than the property owner, a letter of agency or authorization signed by the owner consenting to the application being made;
e.
The address and current use of the property for which accommodation is requested;
f.
A description of the reasonable accommodation requested by the applicant, and the ordinance, law, regulation, policy, practice or procedure for which accommodation is sought;
g.
An explanation of how and why the specific reasonable accommodation requested by the applicant is necessary to provide the individual(s) with a disability an equal opportunity to use and enjoy the residence;
5.
The planning director may request additional information from the applicant consistent with the Fair Housing Laws if necessary for the city to make a determination on the request for reasonable accommodation in accordance with the findings required in subsection G. The planning director shall specify in detail the additional information that is required. In the event that a request for additional information is made, the thirty-day period to issue a decision as provided in subsection (H)(2) is stayed until the applicant responds to the request.
6.
Except as otherwise required by law, any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
7.
A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.
G.
Basis for Decision on Request for Reasonable Accommodation — Findings.
1.
General. The written decision to approve, approve with modifications, or deny a request for reasonable accommodation shall be consistent with Fair Housing Laws and this subsection.
2.
Findings. The written decision shall be based on the following findings, all of which are required for approval or approval with modifications:
a.
The requested accommodation is requested by or on behalf of one or more persons with a disability protected under the Fair Housing Laws;
b.
The requested accommodation is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy a dwelling, and the housing which is the subject of the request for accommodation will be used by such person(s) with disabilities protected by the Fair Housing Laws;
c.
The requested accommodation would not impose an undue financial or administrative burden on the city;
d.
The requested accommodation would not result in a fundamental alteration in the nature of the city's land use and zoning program;
e.
The requested accommodation would not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.
3.
Conditions of approval. In granting a request for reasonable accommodation, the planning director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this section. Conditions may also 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 afford the individual with a disability for whom the reasonable accommodation was granted the use and enjoyment of the dwelling.
4.
None of the findings of this section are intended to supersede any other findings which might also be required for a discretionary permit that is reviewed concurrently with the request for accommodation.
5.
In determining whether the requested reasonable accommodation is necessary to provide one or more persons with disabilities an equal opportunity to use and enjoy a dwelling, pursuant to subsection (G)(2)(b), the city may consider, but is not limited to, the following factors:
6.
In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of the city's land use and zoning program, pursuant to subsection (G)(2)(d), the city may consider, but is not limited to, the following factors:
a.
Whether the requested accommodation would fundamentally alter the character of the neighborhood or the community in which the requested accommodation would be located;
b.
Whether the accommodation would result in a substantial increase in traffic or insufficient parking when compared to the projected traffic or parking of other uses allowed by right or conditionally allowed in the subject zone district;
c.
Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan or zoning districts.
7.
Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
H.
Review Authority — Notice of Decision.
1.
Authority. The planning director shall have the authority to consider and act on requests for reasonable accommodation and shall make reasonable accommodations in rules, policies, practices, procedures or services when those accommodations may be necessary to afford one or more persons with disabilities equal opportunities to use and enjoy their dwelling consistent with the Fair Housing Laws.
2.
Decision.
a.
For requests for reasonable accommodation, the planning director shall issue a written determination to approve, conditionally approve, or deny a request for a reasonable accommodation within a timely manner but no later than thirty days of the date of receipt of a complete application, and may (i) approve the accommodation request, (ii) approve the accommodation request subject to nondiscriminatory conditions of approval or other modifications, or (iii) deny the request. The planning director may, in his or her discretion, elect to refer applications that may have a material effect on surrounding properties (including but not limited to, a use not allowed under the subject zoning district or general plan, location of improvements in the front yard or setback, location of accommodation in close proximity to a use that restricts residential occupancy, accommodation that would violate a specific condition of approval, improvements are permanent) directly to the planning commission for a decision. A complete application shall consist of the application form with all applicable information and documentation included in or attached to the form. The city and applicant may mutually agree to extend the time for the planning director's decision on the application. The decision on the application shall be sent to the applicant by first class mail to the applicant, and the applicant may also request notification by an accessible format.
b.
For requests for reasonable accommodations involving any applications for discretionary approval, the application for reasonable accommodation shall be processed and considered separately from any discretionary elements of the same proposal. The planning director shall act on the request for reasonable accommodation within a timely manner but no later than thirty days of the date of a complete application form; however, if the request for a reasonable accommodation cannot be effectuated until a final decision is rendered on the related discretionary approvals, a "provisional approval" can be granted within the thirty-day time frame allowing the reasonable accommodation request to be implemented, or modified as needed to obtain the same goal, at the time of the final discretionary approval, and shall become final at the same time. The applications for discretionary approval shall be separately considered and shall be subject to the procedures for consideration specified in the applicable development code section or chapter, depending on the type of application. The appropriate decision-making body shall act on all discretionary permits, but not the reasonable accommodation request.
3.
Appeals of the director's action shall be made in accordance with Section 17.03.090, as supplemented by the following:
a.
The decision by the planning director on a request for reasonable accommodation not involving one or more applications for a discretionary permit shall become final fifteen calendar days after the date of the planning director's decision, unless a timely appeal is filed in accordance with Section 17.03.090(E).
b.
The planning commission or the city council, as applicable, shall hear the matter and render a determination on the appeal as soon as reasonably practicable, but in no event later than either (i) ninety calendar days after an appeal has been filed; or (ii) fifteen calendar days after the close of the appeal hearing, whichever occurs first. The city and applicant may also mutually agree to extend the time for the planning commission's or city council's decision on the appeal to a later date. All decisions on an appeal shall address and be based upon the same findings required to be made in the original decision from which the appeal is taken.
c.
An appeal from the planning director's decision on a request for reasonable accommodation shall be made on a form provided by the planning department. The appeal form shall include a checklist of materials, reports, developments, plans, and written information to be provided by the appellant. No fee shall be required from an applicant for the appeal of a request for reasonable accommodation, but if the appeal is for any other discretionary permit(s), then the prescribed fee shall be paid by the appellant for such other discretionary permit(s). If an individual needs assistance in the appeal of a decision on the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.
d.
The decision on the appeal shall be sent by first class mail to the applicant and appellant (if different), and the applicant may also request notification an accessible format. The city council's action on any appeal shall be final.
e.
Nothing in this procedure shall preclude an aggrieved individual from seeking other state or federal remedy available.
I.
Expiration, Time Extension, Violation, Discontinuance, and Revocation.
1.
Expiration. Any reasonable accommodation approved in accordance with the terms of this Section shall expire within twenty-four months from the effective date of the approval, or at an alternative time specified as a condition of the approval, unless:
2.
Time Extension.
a.
The planning director may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, the planning director shall ensure that conditions of the administrative approval comply with all current development code provisions.
b.
Notice. Notice of the planning director's decision on a time extension shall be provided in writing. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.
c.
Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the city council within fourteen calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section 17.03.090 of this code.
3.
Discontinuance. If the person with a disability for whom the reasonable accommodation was originally granted vacates the residence to which the reasonable accommodation applies, the reasonable accommodation shall remain in effect only if the planning director determines that: (a) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the municipal code; or (b) the accommodation is necessary to give another person with a disability an equal opportunity to enjoy the dwelling. The planning director may request that the applicant, or his or her successor-in-interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within thirty days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.
4.
Revocation. Procedures for revocation shall be as prescribed by Section 17.03.080. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.
J.
Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The planning director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.
(Ord. 11-03 § 4; Ord. 23-11, 11/28/2023)
§ 17.03.070 Legal nonconformities.
A.
Purpose and Intent. This section is intended to limit the number and extent of nonconforming uses by prohibiting or limiting their enlargement, their reestablishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. While permitting the use and maintenance of existing nonconforming structures, this section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this development code and by prohibiting their restoration after destruction.
B. "Nonconforming property" "Nonconforming structure" "Nonconforming use" "Nonconformities"
Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings:
means any subdivision of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the property was subdivided, but which, due to a subsequently enacted ordinance or law, no longer complies with all the applicable regulations and standards of the zone in which the property is located.
means any structure, building or improvement upon land, other than the land itself, including any sign, that was lawfully established and in compliance with all applicable ordinances and laws at the time the structure, building, or improvement was established, but which, due to a subsequently enacted ordinance or law, no longer complies with all of the applicable regulations and standards of the zone in which the structure building, or improvement is located.
means any use of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the use was established, but which, due to a subsequently enacted ordinance or law, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.
means any nonconforming property, structure or use.
C.
Exceptions to Nonconforming Status.
1.
No existing use of land or structure shall be deemed nonconforming solely because of the lack of off-street parking required by this development code.
2.
No residential dwelling shall be deemed non-conforming solely because it does not meet required off-street parking or side yard setbacks, provided it complies with the parking and/or side yard setback requirements in effect at the time a building permit was issued for its construction and shall be designated a "legal nonconforming structure."
3.
An existing use shall be deemed a "legal nonconforming use" if prior to its establishment the required permits were obtained, (i.e., a building permit, conditional use permit, etc.).
4.
Structures and uses not having acquired the proper permits shall be considered "illegal" and shall be defined merely as "nonconforming" unless otherwise provided in this section.
D.
Continuation and Maintenance.
1.
A use lawfully occupying a structure or a site, that does not conform with the use regulations or the development standards for the zone in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this chapter.
2.
A structure, lawfully occupying a site, that does not conform with the development standards for front yards, side yards, rear yards, height, coverage, or distances between structures, for the zone in which the structure is located, shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this section.
3.
Routine maintenance and repairs may be performed on a structure or site when the use is nonconforming, on a nonconforming structure, and on a nonconforming sign.
E.
Alterations and Additions to Nonconforming Uses, Structures and Signs.
1.
A nonconforming structure, which is nonconforming by reason of its use, shall not be moved, altered or enlarged unless required by law, or the moving, alteration or enlargement will result in the elimination of the nonconformity, except as otherwise provided in this section.
2.
A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as otherwise provided in this section.
3.
A nonconforming structure shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and the development standards for front yards, side yards, rear yards, height of structures, or usable open space prescribed in the development standards for the zone in which the structure is located. A nonconforming structure shall not be moved or enlarged unless the new location or enlargement shall conform to the development standards, or usable open space prescribed in the development standards for the zone in which the structure is located.
4.
A use which fails to meet the development standards of the zone in which it is located shall not be enlarged or extended, or shall not have equipment replaced that results in failure to meet development standards unless the enlargement, extension or replacement will result in elimination of nonconformity with development standards for that zone.
F.
Discontinuation of Nonconforming Use. Whenever a nonconforming use has been discontinued, or changed to a conforming use for a continuous period of one hundred eighty days or more, the nonconforming use shall not be reestablished, and the structure or site thereafter shall be in conformity with the development standards for the zone in which it is located. This section shall not apply to nonconforming dwelling units. Discontinuance of a use shall include cessation of the existing nonconforming use, regardless of intent to resume said non-conforming use.
G.
Restoration of Damaged Structure.
1.
Whenever a structure which does not comply with the development standards for front yards, side yards, rear yards, height of structures, or distances between structures prescribed in the development standards for the zone in which the structure is located, or the use of which does not conform with the development standards for the zone in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of fifty percent or more, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the development standards for the zone in which it is located and the nonconforming use shall not thereafter be resumed.
2.
The extent of damage or partial destruction shall be based upon the ratio of fifty percent of the estimated replacement cost of restoring the structure to its condition prior to such damage or partial destruction, or to fifty percent of the estimated cost of duplicating the entire structure as it existed prior to said damage or partial destruction. 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 city's building code as the same exists on the date the estimates are submitted.
3.
In accordance with Government Code Section 65863.4, the restoration and reconstruction restrictions contained in this subsection shall not apply to any multifamily residential dwelling which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. For purposes of this subsection, the phrase "multifamily residential dwelling" means any structure designed for human habitation that has been divided into two or more legally created independent living quarters. The application of the restrictions of this subdivision shall not apply to any multifamily residential dwelling which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed, or to any property for which the property owner requests a reduction in density on the property.
H.
Exceptions to Provisions for Elimination of Nonconforming Uses and Structures. The following uses, when nonconforming, may be expanded; provided, that they shall be subject to the provisions of subsection F of this section, Discontinuation of Nonconforming Use, and subsection G of this section, Restoration of a Damaged Structure.
1.
In any zone, a residential use, provided that the number of dwelling units shall not be increased. Permitted uses, (for example, room additions, carports, garages, etc.), will be considered by the planning department, subject to the limitation that the same shall not increase the nonconformity of the structure or use.
2.
In a residential zone, a nonresidential use that is a permitted use, or a conditional use may be continued and a conditional use permit may be granted for expansion of the floor area or the site area occupied by the use by not more than ten percent in any five-year period.
3.
A use that is a permitted use or a conditional use in any commercial or industrial zone may be continued, and a conditional use permit may be granted for expansion of the floor area or the site area occupied by the use by not more than ten percent in any five-year period.
I.
Change to Another Nonconforming Use. A conditional use permit may be granted for conversion of a nonconforming use to another nonconforming use; provided, that the planning agency finds that:
1.
The proposed nonconforming use will not have a greater adverse impact on the surrounding area than the existing or former nonconforming use; and
2.
The proposed nonconforming use shall be a use that would be permitted to continue in the zone in which it would be located as prescribed in subsection H of this section, Exception to Provisions for Elimination of Nonconforming Uses.
3.
Exceptions—Public Utility Facilities and Uses. Nothing in this section pertaining to nonconforming buildings and uses shall be construed or applied so as to require the termination, or removal, or so as to prevent the modernization, replacement, repair, maintenance, alteration, or rebuilding of public service and public utility buildings, structures, uses, equipment and facilities; provided, that there is no change or increase of those areas to be used.
(Ord. 95-16 § 2)
§ 17.03.080 Revocations and modifications-Temporary use permits and home occupation permits.
A.
Revocation. The planning director may revoke a temporary use permit or home occupation permit, if any of the following findings are made:
1.
That the permit was obtained by omission, misrepresentation, or fraud;
2.
That any of the conditions of approval for the permit have not been met;
3.
That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation;
4.
That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance.
B.
Notice of Revocation. The planning director, in giving notice of the revocation of a temporary use permit or home occupation permit, shall observe the following noticing requirements:
1.
The planning director or designee shall serve the owner of the premises involved written notice of such hearing by registered or certified mail, return receipt requested.
2.
In the event the certified or registered mail is refused, returned or undelivered after ten days after deposit in the United States mail, the city clerk shall cause the same notice to be sent via first class, regular United States mail, with postage fully paid thereon, to the address in the records.
(Ord. 95-16 § 2; Ord. 20-08 § 3)
§ 17.03.085 Revocations and modifications-Conditional use permits, development plans, and other land use entitlements.
A.
Revocation.
1.
Notice.
a.
If the planning director determines that any conditions of approval of a conditional use permit, variance, development plan, or other land use entitlement have been violated, or that the permittee is operating in a manner that is inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder and the city clerk. The planning director may consult with the chief of police or fire chief in making this determination. The notice shall provide sufficient information to inform the permit holder of the reasons why the planning director is recommending that the permit be revoked and shall specifically identify the findings for revocation as set forth is subsection (A)(4) below, and that a public hearing shall be held before an independent hearing officer to determine whether the permit should be revoked, modified, or remain unchanged
b.
The city clerk shall refer the matter to the California Office of Administrative Hearings for the assignment of an administrative law judge to serve as an independent hearing officer. The matter shall be heard within forty-five days of referral to the Office of Administrative Hearings, but may be extended for due cause including scheduling limitations of the hearing officer. In the event the Office of Administrative Hearings is unable to provide a hearing officer, the city clerk shall make arrangements for the selection of a hearing officer to conduct the appeal hearing as provided in this subsection.
i.
Not less than fifteen days prior to the public hearing, the city clerk shall notify the planning director and the permit holder of the names of three qualified attorneys or retired Superior Court or Appellate Court judges submitted to the city clerk by a reputable firm providing mediators and arbitrators to serve as a panel from which the hearing officer will be selected.
ii.
Within five days of the date of mailing the notice of the available panel, the planning director and the permit holder may notify the city clerk in writing that he or she elects to remove one of the three potential hearing officers.
iii.
The city clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the appeal hearing.
2.
Notice of the public hearing shall be given to the general public pursuant to the provisions of Government Code Section 65090 and Section 17.03.040(B).
3.
Fees. The cost of the independent hearing officer shall be paid for by the city.
4.
Public Hearing Before Independent Hearing Officer. A public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. At the public hearing, the hearing officer shall receive oral and written evidence from the planning director, or designee, any other city personnel, the permit holder, and any member of the public wishing to heard at the public hearing. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code, but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The hearing officer shall have broad authority to control the proceedings and to provide for cross examination of witnesses in a fair and impartial manner. The planning director, or designee, shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her recommendation to revoke the permit is based. The public hearing shall be recorded by audio recording. The city shall, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. The transcript shall be made available for purchase to both parties. The hearing officer may continue the public hearing from time to time, but only upon written motion of a party showing good cause for the continuance.
5.
Revocation. The independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made:
a.
That the permit was obtained by omission, misrepresentation, or fraud;
b.
That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval;
c.
That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation;
d.
That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance.
6.
Independent Hearing Officer Decision. Within ten days of the conclusion of the public hearing, the hearing officer shall render his or her decision and make written findings of fact and law supporting the decision. He or she shall send the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of it to the planning director and the permit holder, along with a proof of mailing.
7.
Public Hearing Before the Planning Commission. The planning commission shall hold a public hearing to review the independent hearing officer's decision on the permit revocation. Notice of the public hearing shall be given pursuant to subsection (A)(2) of this section. The notice of public hearing shall briefly summarize the grounds for the independent hearing officer's decision to revoke the permit, modify any conditions of approval, or allow the permit to remain in place unchanged. The planning commission shall review the transcript of the proceeding before the independent hearing officer and the findings of fact and law issued by the independent hearing officer. The planning commission shall only consider the evidence presented at the hearing before the independent hearing officer as well as any new evidence presented by the public at the public hearing before the planning commission. The city clerk is authorized to retain an attorney to advise the planning commission. The planning commission's decision to confirm, modify or overturn the independent hearing officer's decision shall be set forth in a resolution. The city clerk shall mail a copy of the resolution to the permit holder along with a proof of service. If the planning commission decision is not timely appealed, the revocation of the permit or any modifications to the conditions of approval shall be effective upon adoption of the planning commission resolution.
8.
Appeal. Within ten calendar days from date of the city clerk's mailing of the planning commission's decision, either party may appeal the decision to the city council. The appeal shall be in writing and shall state the grounds of the appeal and specify the errors in the decision. Upon receipt of the appeal, the city clerk shall schedule the appeal for review by the city council at the next council meeting not less than twenty calendar days after receipt of the appeal. The city council review of the appeal shall be limited to determining whether the evidence received at the revocation hearing supports the findings and decision of the planning commission. The city council shall be limited to the evidence presented at the revocation hearing before the independent hearing officer and planning commission as well as any new evidence presented by the public at the public hearing. The city council's decision on the appeal shall be by resolution and that decision shall be final. Upon adoption of the resolution, the city clerk shall mail a copy of the resolution to the permit holder. Any legal action challenging the city council's decision shall be filed within ninety days of the date of the proof of service of mailing the council's resolution pursuant to Section 1094.5 et seq., of the California Code of Civil Procedure. If the council upholds the revocation of a conditional use permit or any modification to the conditions of approval, the revocation of the conditional use permit or modifications to the conditions of approval shall be effective upon adoption of the city council resolution.
(Ord. 20-08 § 4)
§ 17.03.090 Appeals.
A.
Purpose of Appeals. The purpose of the appeal procedure is to provide a general method of recourse for persons aggrieved by or dissatisfied with any action by an administrative agency of the city in the administration or enforcement of any provision of this development code or to enable a member of the city council to bring the action before the city council for decision.
B.
Decisions Which May Be Appealed to Planning Commission. The following actions may be appealed to the planning commission:
1.
Actions by the director of planning on approval of development permits, conditional use permits and extensions of time;
2.
Actions by the director of planning on the approval of sign permits;
3.
Except as otherwise provided in Section 17.03.065(H)(2), any other action by the director of planning for which an appeal is authorized by the code.
C.
Decisions Which May Be Appealed to the City Council. The following actions may be appealed to the city council: All decisions of the planning commission.
D.
Filing Procedure. Any person aggrieved by or dissatisfied with, or excepting to any administrative decision, which an appeal to the planning commission is authorized, may appeal from such action by filing a written notice of appeal with the city clerk within the time required by this section. The city manager or a member of the city council may file a written notice of appeal of a planning decision on the basis that such action is of sufficient importance to the city that it should be reviewed by the entire city council. In making such an appeal, a member of the city council is not taking a position in favor of or against the action or any portion of it and is not deciding or committing to a vote in favor of or against the action or any portion thereof.
E.
Notice of Appeal—Time Limit. A notice of an appeal by any individual, who is aggrieved by or dissatisfied with a decision on an application made by him or her or in his or her behalf, or with any action, order, requirement, decision or determination, or a notice of appeal of an action of the Planning Commission from the city manager or a member of the city council, shall not be acted upon unless filed within fifteen days following the date of action taken by the approving body.
F.
Notice of Appeal—Contents.
1.
The notice of appeal shall set forth:
2.
In the event any notice of appeal fails to set forth any information set forth by this section, the city clerk may, but is not required to, return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to refile the notice of appeal.
G.
Fee for Appeals.
1.
Except where an appeal is filed by the city manager or any member of the city council, the written notice of appeal shall be accompanied by a fee, established by resolution of the city council.
2.
If the notice of appeal is not accompanied by a fee, or if the amount paid is insufficient to constitute the appropriate fee, the city clerk shall promptly notify the appellant of the deficiency, and shall advise that the appeal shall not be considered unless and until the appropriate fee has been paid within the time otherwise required for the filing of an appeal.
H.
Hearing—Presentation of Evidence. The hearing on appeal shall be a de novo hearing at which all aspects of the application shall be considered in accordance with the requirements of law. The hearing shall be noticed and conducted in the manner required by this code for consideration of the permit or other discretionary approval applied for by the applicant. The applicant shall have the burden of proof in making the findings required by this code for granting the requested permit or other discretionary approval.
I.
Hearing—Determination. The planning commission or city council may continue the matter from time to time and, at the conclusion of its consideration, may affirm, reverse or modify the action which was taken. The planning commission or city council may take any action which might have been taken in the first instance by the administrative agency from whose action the appeal has been taken.
(Ord. 95-16 § 2; Ord. 96-19 § 2(H); Ord. 98-10 § 4; Ord. 06-06 § 6(A); Ord. 10-07 § 13; Ord. 11-03 § 5; Ord. 14-01 § 8; Ord. 23-11, 11/28/2023)
§ 17.03.100 Enforcement procedures and penalties for violation of this development code.
A.
Purpose. Enforcement of the provisions of this development code and any entitlement approved by the city shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to promote the city's planning efforts and for the protection of the public health, safety and welfare of the city.
B.
Building Permit Not to Be Issued. No building permit shall be issued for the erection or use of any structure or part thereof, or for the use of any land which is not in accordance with the provisions of this development code. Any permit issued contrary to the provisions of this title shall be void and of no effect.
C.
Remedies. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.
D.
Violations and Penalties. It is unlawful for any person to violate any provision of this development code or any of the codes adopted by reference herein, any ordinance adopted pursuant to this development code, or to violate any permit (or the conditions thereof) granted pursuant to this development code. Violators shall be subject to punishment under Chapter 1.20, 1.21 or 1.22 of this code.
(Ord. 95-16 § 2; Ord. 98-04 § 15)