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.
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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
|
|
|
|
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.
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|
5.
|
State law requires the administrative consideration of secondary
dwelling units. These applications cannot be promoted to the planning
commission.
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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)
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))
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)
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:
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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.
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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)
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)
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)
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;
h.
Where applicable, documentation that the requested accommodation
is designed and constructed pursuant to Title 24 of the California
Code of Regulations to allow access, circulation and full use of the
building and facilities by persons with disabilities.
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)
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)
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)
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)
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)
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)
