A. 
Purpose. This section establishes the roles and responsibilities of those empowered and directed to provide application and permit review, render decisions, issue permits, and hear appeals for matters subject to this title. Any application made in conflict with the provisions of the LGMC, state law, or federal law shall be denied.
B. 
Employees. All departments, officials, and public employees of the city empowered with the duty or authority to issue permits shall conform to the provisions of this title and shall not issue a permit for uses, structures, or purposes in conflict with the provisions of this title, state law, or federal law.
C. 
Development Services Director. The development services director shall hear and decide applications for the various reviews and permits according to the procedures set forth in this title, and shall also perform such other duties as may be prescribed by ordinance, resolution, or direction of the city council.
D. 
City Council. The city council shall hear and decide applications for the various reviews and permits according to the procedures set forth in this title. The city council shall also act as an appellate body, hearing any appeals from the decisions of the development services director.
E. 
City Council. The city council shall establish rules and regulations for the administration of this title. The city council shall hear and decide applications for the various reviews and permits according to the procedures set forth in this title. The city council shall also act as an appellate body, hearing any appeals from the decisions of the development services director. The decisions of the city council shall be final in all actions or appeals concerning this title.
F. 
As the body that establishes the rules and regulations under this title, the city council may, on its own motion, interpret the scope and meaning of any provision under this title, including the applicability of any provision to a particular person or property. The city council may request the advice on any interpretation from the development services director or any other advisory body it has formed, or chooses to form, for this purpose.
(Ord. 386 § 3, 2009; Ord. 426 § 1, 2014; Ord. 434 § 5, 2015)
A. 
Purpose. This section establishes procedures for submitting and processing applications for proposed uses, structures, and/or improvements of real property, and related matters subject to this title; authorize the city to establish, modify, and collect fees, and set time limits for processing.
1. 
Definitions. Italicized words and terms found in this chapter are defined in Chapter 17.08.
2. 
Interpretation. In interpreting and applying the provisions of this title, uses, structures, and/or improvements shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and general welfare.
3. 
Conflicts. Except as specifically provided, this title is not intended to impair or interfere with any previously issued permits or approvals relating to matters subject to this title. This title is not intended to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties, provided that in cases in which this title imposes a greater restriction than is imposed or required by existing provisions of law or ordinance or by such easements, covenants, or agreements, the provisions of this title shall control.
B. 
Initiation. A proposed action may be initiated by application of the property owner, owner's agent, or another interested party, by the city council.
C. 
Pre-Application Conference. Prior to submission of an application package for a complicated or multi-faceted project, an applicant may request an unofficial conference with city staff to review the proposed project. Staff will evaluate the project in light of applicable city regulations, indicate possible concerns, identify required information, and note probable environmental impacts and possible mitigation requirements. Nothing in this conference shall be construed as actual or implied approval of any aspect of the proposed project.
D. 
Application Submittal. Prior to submitting application packages for permits or other approvals, the applicant shall obtain a zoning clearance according to Section 17.28.070. Thereafter, application packages shall be submitted to the development services department upon a prescribed form, accompanied by applicable fees according to subsection (D)(1), and related materials necessary to show that the proposed use, structures, and/or improvements of the property comply with applicable provisions of this code, state law, federal law and the requirements and conditions of any associated permit. Each application filed by, or on behalf of, one or more property owners shall be verified by at least one such owner or the owner's authorized agent attesting to the truth and correctness of all facts, statements, and information presented.
1. 
Fees. The city council shall establish and modify, by resolution, a schedule of fees and deposits for matters subject to this title. All applicable fees and deposits shall be paid in full prior to processing any application, appeal, or other matter for which a fee is required.
Applicable fees and/or deposits may be waived for charitable, youth or nonprofit organization activities upon approval by the city manager.
No fee shall be refundable except in any case where the development services director determines and certifies any such fee or portion thereof has been received in error, in which case the amount of money received in error shall be refunded to the proper party. Refunds will be processed in the same manner as other demands against the city.
2. 
Concurrent Processing. Applicants with more than one application related to the same project may have all applications processed simultaneously.
E. 
Time Limits.
1. 
Staff Review. Upon initial submittal, application packages shall be distributed to applicable departments for review. No more than thirty days following the date of initial submittal, application packages shall be deemed complete or incomplete with a request for more information. Once the requested information is received, the thirty day staff review cycle restarts. No action shall be taken on applications not yet deemed complete.
2. 
Deemed Complete Applications. Once deemed complete, applications then progress, in accordance with specific permit regulations in this title, to notices according to subsection F, to public hearing according to subsection G, then to decisions according to subsection H.
F. 
Notices. The notice shall state the purpose of the notice, a project description, and an explanation of the permit process, and be given by a date certain to affected parties according to subsections (F)(1), (2) and (3), as appropriate.
1. 
Public Hearings. Notices for public hearings shall also state the time, place, and purpose of the public hearing and shall be given by publication at least ten days prior to the public hearing. Notices to affected property owners shall be given at least ten days prior to the public hearing according to subsection (F)(2).
2. 
Affected Property Owners. The notice shall be mailed to all real property owners within five hundred feet or the maximum distance separation requirement for a regulated use where applicable, whichever is greater, of all exterior boundaries of the subject property at least ten days prior to the decision. Notices shall be mailed using the names and addresses of the owners as shown on the latest equalized assessment roll in the office of the county assessor. Where the address of such owner is not shown on such assessment roll, failure to send notice by mail to such property owner shall not invalidate any proceedings in connection with such action. In the event that the number of owners to whom notice would be sent according to this subsection is greater than one thousand, then notices may, instead, be given by placing a display advertisement of at least one-eighth page in a newspaper having general circulation within the affected area.
In addition, temporary on-site sign(s) along the properties' street frontage(s) and legible from across the street on pedestrian pathways shall be posted on the property at least ten days prior to the public hearing and until certificate of occupancy is granted for the proposed land use, but not to exceed a period of one year. The signs shall be a minimum of six feet high, six feet wide, and not to exceed seventy-two square feet total for two sides or thirty-six square feet for one side. Such sign shall include the permit numbers, property location and APN number, a site plan and description of the project, project name, and the applicant's name, address and telephone number to the satisfaction of the development services director. Signs shall be maintained in good condition at all times.
3. 
California Environmental Quality Act (CEQA) and State Law. Notices shall be made according to Government Code Sections 65090 through 65091, as amended. Processing time frames will apply unless extended environmental review is required by state law or this code.
G. 
Public Hearings. A public hearing is the opportunity for the advisory body, the hearing body, or the appellate body to obtain public testimony or comments prior to making a decision. The public hearing shall be conducted in accordance with this chapter and Section 2.14.090 of this code. Public hearings may be continued to another time without requiring further public notice, so long as the future time and place are announced before adjournment of the hearing.
1. 
Scheduling. Public hearings of the city council shall be subject to the rules regarding the placing of matters on its agenda, respectively. Subject to state planning and environmental laws, public hearings shall not be held earlier than ten or later than sixty days following submission of an appeal application or a deemed complete application according to subsection (E)(2). The time limit specified in this subsection may be extended by mutual consent of the applicant and the development services director; however, in no case shall this time period exceed one hundred eighty days.
2. 
Notice. Notices of public hearings shall be given according to subsection (F)(1).
3. 
Outcome. At the close of the public hearing, the advisory body may recommend approval, conditions, limitations, or denial; while the hearing body or the appellate body may make a decision. The hearing body may impose such conditions or limitations as it deems necessary to serve the general purpose and intent of this title. The matter may also be referred back to the lower body for further consideration or action. The appellate body may sustain, modify, deny or reverse, wholly or in part, any decision by a lower body. The decision may also be referred back to the lower body for further consideration or action.
H. 
Decisions and Effective Date of Decisions. Development services director decisions are made within thirty days of applications being deemed complete. City council and city council decisions are made within twenty days of the close of the public hearing. Decisions shall become effective ten days following the decision date, unless an appeal has been filed according to subsection K.
Unless otherwise stated in the approval or permit, or in the conditions of approval, approvals and permits shall run with the land and shall continue to be valid upon a change of ownership of the site or structure.
1. 
Conditions of Approval. The development services director, the city council may attach such conditions as deemed necessary to ensure compliance with this code.
2. 
Response to Referral. Where an application, appeal or other matter is referred to a lower body for further consideration, a response to that referral shall be submitted to the applicant and the referring body within forty days following said referral.
I. 
Appeals. Any applicant or other interested person who is dissatisfied with the denial, approval, conditional approval, or other application decision made in the administration of this title may appeal the decision. Decisions made by the development services director are appealed to the city council. Decisions made by the city council are final.
Appeal applications, accompanied by the filing fee, shall be filed within ten days following the date a decision is made, on forms provided by the development services department. Appeals of development services director decisions shall be submitted to the city clerk. Appeals will be heard at a public hearing that has been noticed according to subsection F and conducted according to subsection G. Failure of the appellate body to make a decision according to subsection H shall be deemed in agreement with the previous decision.
All rights of appeal are exhausted when the proceedings set forth herein have been completed. An applicant shall not apply for the same or similar use affecting all or part of the property within twelve months of the effective date of the decision of denial, or as otherwise specified at the time of the decision of denial.
The total length of an appeal hearing may be one hour. The appellant shall be allowed at least as much time to present its case as is allowed the city.
J. 
Expirations. Applications, approvals and permits issued according to this title will expire in accordance with the following:
1. 
Application Expiration. Unless there has been substantial activity toward submitting a deemed complete application package according to subsection D, such application package shall expire after a continuous twelve-month period of inactivity. Thereafter, the applicant may submit a new application package according to subsection D.
2. 
Approval and Permit Expiration.
a. 
Any temporary use permit expires at the conclusion of the permitted use.
b. 
Other approvals or permits subject to this title shall expire:
i. 
Twelve months from the effective date of the decision, unless construction and/or use in reliance has commenced or as otherwise stated in the conditions of approval; or
ii. 
If the use for which it was issued is discontinued for a continuous period of twelve months.
K. 
Time Extensions. At any time prior to the expiration of approvals or permits subject to this title, the permittee for such approval or permit may file a written request for an extension of time. The development services director may grant an initial extension of the term of the permit. The city council shall consider all subsequent requests for time extensions, according to subsection (F)(2), and if:
1. 
The form and intensity of the project for which the approval or permit was issued have not been significantly altered, and
2. 
The conditions or circumstances which supported the findings of fact required for the original approval or permit have not changed and appear unlikely to change within the period of the proposed extension of time.
L. 
Substantial Conformance Review. Any project submittal made subsequent to obtaining a use permit authorized by this title shall be in substantial conformance with that use permit. At the request of the owner, or in the event that submittals or field conditions are found to not be in conformance, a substantial conformance review application, accompanied by the filing fee, shall be filed and processed according to subsection D. If the project is found to not be in substantial conformance, the applicant may request a modification of the use permit according to subsection M.
M. 
Permit Modifications. Permit modification applications, accompanied by the filing fee, may be filed at any time prior to the initial expiration date of the project's use permit. Applications shall be processed according to subsection D.
N. 
Revocation of Approvals and Permits. Any structures and/or improvements constructed, erected, altered, moved, or maintained contrary to a use permit and/or other provisions of this title, and any use of any land or structure established, conducted, or maintained contrary to an approval, permit and/or other provisions of this title, shall be declared to be unlawful and a public nuisance.
1. 
Procedure. The development services director shall immediately commence action or proceedings for the abatement of a violation of this title, according to Chapter 1.24. If the owner, operator or other responsible entity fails or refuses to abate any public nuisance according to subsection N, the development services director may schedule a public hearing, according to subsection G, to consider the following actions:
a. 
Requiring whatever assurance deemed appropriate to guarantee that such violation will be corrected in a timely manner and will not occur again;
b. 
Imposing additional conditions or limitations affecting the physical design of the property or its use;
c. 
Revoking any approvals or permits subject to this title, according to the appeals provisions of subsection K.
In the event the development services director refers an enforcement matter to the city council, the city attorney shall, upon order of the city council, immediately apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person from erecting, maintaining, or using any property contrary to the provisions of this title.
O. 
Early Separation Findings. Separation findings required as a part of any permit described in this chapter may be made early, prior to application materials being submitted and prior to a decision by the development services director, planning commission and/or city council with a minor use permit application for the sole purpose of finding that the application meets or does not meet the required separation requirements. Land uses or land use applications initiated after the filing of an early separation finding application would not be grounds for denial of the permit. Should land use changes or land use applications which would conflict with an early separation finding determination be established or filed in advance of an application for an early separation finding, the land use would be considered as grounds for denial of the early separation finding permit.
No other approval may be granted as a part of this permit. Applications made pursuant to this subsection must give additional notice by way of advertisement in a newspaper having general circulation within the affected area at least ten days prior to the decision. This finding that the application meets separation requirements shall be valid for up to one year before the early finding expires.
P. 
The remedies provided for in this title shall be cumulative and not exclusive. Nothing herein is intended to conflict with applicable state laws or federal laws.
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015; Ord. 450 § 2, 2018; Ord. 456 § 2, 2020)
A. 
Purpose. This section establishes conditions under which certain residential, commercial, or industrial development may be developed as integrated parts on a single site through economical and efficient design techniques. The goal is to produce lasting, desirable development in accordance with general plan objectives for the surrounding area; and development that meets standards of environmental quality, public health and safety, and efficient use of the city's resources. This section also establishes procedures for processing planned development permit applications.
B. 
Development Subject to this Section.
1. 
Development that includes five or more principal dwelling units, a major subdivision and/or a condominium map;
2. 
Development that includes three or more principal buildings on one site;
3. 
Development of principal uses on commercial, industrial, and/or mixed use sites of one acre or more;
4. 
Development in the Downtown Village specific plan area;
5. 
Uses outlined in specific zoning districts.
C. 
Findings. The planning commission or the city council may approve a planned development permit according to subsection E if the following findings are made:
1. 
The development is not detrimental to the public interest, health, safety, or general welfare;
2. 
The development complies with applicable provisions of this title and/or deviations that comply with applicable provisions in subsection D;
3. 
The development is consistent with general plan policies and standards and other applicable plans or policies adopted by the city council;
4. 
The development density or intensity does not exceed general plan limitations;
5. 
Existing infrastructure such as utilities, transportation systems, and communication networks adequately serve the development or will be upgraded to efficiently accommodate the additional burdens imposed.
D. 
Deviations. Development may deviate from development standards as described in Chapter 17.16, Zoning Districts, and Chapter 17.24, District Regulations, where it can be found that the project provides equivalent benefits and/or achieves efficiencies in use, structures, transportation and/or utility systems. Where deviations are recommended by the community development director, the hearing body may approve a planned development permit if the deviation is offset by one or more of the following design elements or features:
1. 
The development exceeds minimum resource conservation requirements, such as water, energy, materials, adaptive reuse;
2. 
The development exceeds the open space area requirements by at least fifteen percent;
3. 
The development provides recreational amenities, such as a swimming pool, volleyball court, fitness equipment, activity room, etc.;
4. 
The development provides outdoor amenities, such as site furnishings or informal dining/gathering spaces;
5. 
The development provides enhanced pedestrian, bicycle, and/or vehicular connectivity elements;
6. 
The development installs and maintains art available and accessible to the public;
7. 
The development provides outdoor commercial space associated with a principal commercial use, such as flower stands, newspaper stands, coffee/food carts, and kiosks;
8. 
The development implements an ongoing transit program(s);
9. 
The development enhances, improves, manages, and/or programs activities for outdoor spaces through a supplemental service district;
10. 
Deed restricted affordable housing is provided.
E. 
Application Procedures. Application packages for planned development permits shall be processed according to Section 17.28.020. The advisory body and the hearing body for planned development permit applications shall be as follows:
1. 
The planning commission shall hear and decide applications for projects other than major subdivisions or condominium maps during the course of at least one public hearing, conducted according to Section 17.28.020(G).
2. 
The planning commission shall be the advisory body for major subdivision and condominium map applications during the course of at least one public hearing, according to Section 17.28.020(G). The city council shall hear and decide applications during the course of at least one public hearing, conducted according to Section 17.28.020(G).
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015; Ord. 438 § 1, 2016)
A. 
Purpose. This section establishes the conditions under which limited duration outdoor commercial and community activities, otherwise prohibited in this code, may be conducted, and establishes procedures for processing temporary use permit applications.
B. 
Permit Categories. The following temporary uses may be authorized, consistent with temporary uses identified in the applicable zoning district:
1. 
Small Event. Events are categorized as "small" if the event is comprised of a subordinate extension of the established principal use on-site (e.g., sidewalk sales, flower sales) and of short duration (e.g., one-time annual event of one to three consecutive days).
2. 
Large Event. Events are categorized as "large" if the event is a singular annual event with unique characteristics which may promote the on-site principal use as well as philanthropic or charitable causes and community activities (e.g., carnivals, fairs, concerts, shows, tent sales, parking lot sales, special event lot sales including pumpkins and Christmas trees, auctions) or of a duration from four to thirty days (e.g., one-time annual events up to forty-five consecutive days).
3. 
Recurrent Events. Events are categorized as "recurrent" if the event, no matter the size or duration, is held more than two times in a twelve-month period. The development services director may require recurrent events with impacts to be processed as a minor use according to Section 17.28.052.
C. 
General Conditions. Temporary use permits shall be subject to the following general conditions:
1. 
All uses shall conform to performance standards according to Section 17.24.080 and Title 9.
2. 
All parking areas and main walk areas located on undeveloped land shall be kept damp or shall be covered to prevent the raising of dust.
3. 
All signs and structures shall conform to the requirements of this code.
4. 
All sites shall be completely cleaned of debris and temporary structures, and returned to their pre-activity condition, within three days of activity termination.
5. 
A cash cleanup deposit, according to Section 17.28.020(D), shall be deposited with the city to assure clean-up.
6. 
No area of public right-of-way may be used without first obtaining an encroachment permit from the engineering department.
7. 
Sanitary sewer facilities, either portable or permanent, shall be made available to employees and patrons of the temporary use permit holder during event hours, as approved by the city engineer.
D. 
Exemptions. Public school district activities and events that are held on district-owned property shall be exempt from this section.
E. 
Application Procedures. Application packages for temporary use permits shall be processed according to Section 17.28.020. Development services department staff shall process and decide temporary use permit applications ministerially.
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015)
A. 
Purpose. This section establishes procedures for accommodating proposed uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings that are otherwise prohibited in this code. This section assures that any area will assume or retain the characteristics intended by zoning. This section also establishes procedures for processing conditional use permit applications.
B. 
Uses Subject to These Provisions.
1. 
Uses outlined in specific zoning districts.
C. 
Findings. A conditional use permit may be approved if all of the following findings are made:
1. 
The use is compatible with the neighborhood or the community. Residential care facilities for seven or more persons are not required to make this finding;
2. 
The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity;
3. 
The use complies with performance standards according to Section 17.24.080;
4. 
The use is consistent with applicable provisions of the particular zoning district and with policies and standards of the general plan.
D. 
Application. Application packages for conditional use permits shall be processed according to Section 17.28.020. The city council shall hear and decide all conditional use permit applications during the course of at least one public hearing, conducted according to Section 17.28.020(G).
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015; Ord. 470, 12/2/2025)
A. 
Purpose. This section establishes the conditions under which accommodations may be made for uses with special site or design requirements, operating characteristics, or potential adverse effects on sur-roundings that are otherwise prohibited in this code, and establishes procedures for processing minor use permit applications.
Minor uses are those uses enumerated in subsection B, that are of such nature and intensity as to not require the level of review required for uses subject to the conditional use permit or planned development permit process as set forth in Sections 17.28.050 and 17.28.030.
B. 
Uses Subject to These Provisions.
1. 
Large family day care homes in accordance with Section 17.24.060.
2. 
Facilities involved in the sale of alcoholic beverages that do not require discretionary approval by the city council.
3. 
Expansion of nonconforming single-family dwellings used for residential purposes in the R/L, RL/M, and RM zones where lot coverage is increased by more than twenty percent, subject to the criteria set forth in Sections 17.24.090(F)(1)(a) through (c).
4. 
Establishment of office uses in the general commercial zone.
5. 
Outdoor dining areas in excess of one thousand square feet associated with the principal permitted restaurant, eating or drinking establishment, or similar use on the subject property or adjacent public right-of-way, subject to the criteria set forth in Sections 17.24.060(C)(17)(a) through (j) and (C)(18)(a) through (p).
6. 
Uses outlined in specific zoning districts.
C. 
Findings. The development services director shall approve a minor use permit if all of the following findings are made:
1. 
The use is compatible with the neighborhood or the community;
2. 
The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity;
3. 
The use complies with performance standards according to Section 17.24.080;
4. 
The use is consistent with the applicable provisions of the particular zoning district and with the policies and standards of the general plan.
D. 
Application Procedures. Application packages shall be processed according to Section 17.28.020. Affected property owners shall be noticed according to subsection 17.28.020(F)(2).
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015; Ord. 438 § 1, 2016)
A. 
Purpose. This section establishes procedures for processing variance and minor modification applications. Variances and minor modifications are limited exceptions to the usual requirements of this title.
B. 
Findings. A variance may be approved if all of the following findings are made:
1. 
There are special property circumstances, (size, shape, topography, location or surroundings) that would cause the strict application of this title to deprive the property of rights enjoyed by other properties in the same vicinity and zoning district;
2. 
Granting the variance is necessary to preserve a substantial property right possessed by other property in the same vicinity and zoning district;
3. 
Granting the variance will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements;
4. 
Granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the same vicinity and zoning district.
C. 
Parking Variance. A variance from the requirements of a commercial or industrial zoning district in order that some or all of the required parking spaces be located offsite, including locations in other local jurisdictions, or that in-lieu fees be provided, may be approved if both of the following conditions are met:
1. 
The parking variance will be an incentive to, and a benefit for, the nonresidential development;
2. 
The parking variance will facilitate access to the nonresidential development by patrons of public transit facilities.
For offsite parking spaces, the following additional condition must also be met:
3. 
Parking arrangements will be controlled by an agreement recorded and running with the land that:
a. 
Recognizes the parking obligation for the benefited property,
b. 
Does not result in a violation of parking standards on the property supplying the parking, and
c. 
Cannot be modified without authorization of the city of Lemon Grove.
D. 
Minor Modifications. A minor modification may be approved when the proposed change constitutes a reasonable use of an individual property and meets the following standards:
1. 
No more than a twenty percent reduction of required front, side, or rear setbacks;
2. 
No more than a twenty percent reduction of open space requirements;
3. 
No more than a ten percent increase of lot coverage;
4. 
No more than a ten percent reduction of automobile parking space requirements;
5. 
Walls, hedges, or fences located within setback areas that exceed the height limits of the zoning district are consistent with safety standards;
6. 
Accessibility improvements for persons with disabilities.
E. 
Application Procedures. Application packages shall be processed according to Section 17.28.020. The city council shall hear and decide variance applications during the course of at least one public hearing, conducted according to Section 17.28.020(G). The development services director shall hear and decide minor modification applications subsequent to having been noticed according to Section 17.28.020(F)(2).
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015; Ord. 438 § 1, 2016)
A. 
Purpose. This section establishes procedures for conducting a zoning clearance review to ensure that all proposed uses, structures, and/or improvements comply with the applicable requirements of this code. The zoning clearance serves as a record of compliance. Prior to, or concurrent with, submitting an application for any business license, building permit, improvement, subdivision, or other change in use, the applicant shall obtain a zoning clearance. A zoning clearance also serves as a record of decisions for proposed uses, structures, and/or improvements, which may not require additional approvals or permits in this code.
B. 
Exemptions. To the extent allowed by law, applications for miscellaneous building permits, at the determination of the development services director, shall be exempt from this chapter.
C. 
Application Procedures. Application packages for zoning clearances shall be processed according to Section 17.28.020. Development services department staff shall process and decide zoning clearance applications ministerially.
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015)
A. 
Purpose. This section establishes the conditions under which Zoning Ordinance amendments may be made, and establishes procedures for processing Zoning Ordinance amendment applications. The city council may amend, supplement, or change the regulations, land use district boundaries, or classifications of property.
B. 
Findings. An amendment to this section may be granted if the following findings are made:
1. 
That the proposed amendment is consistent with the general plan, in accordance with California Government Code, Section 65860, as amended; and
2. 
That the public health, safety, and general welfare benefit from the adoption of the proposed amendment.
C. 
Application Procedures. Application packages shall be processed according to Section 17.28.020. The city council shall be the advisory body for all Zoning Ordinance amendment applications during the course of at least one public hearing, conducted according to Section 17.28.020(G), and make a recommendation in a manner consistent with Government Code Sections 65853 through 65857, as amended, to the city council. The city council shall hear and decide all Zoning Ordinance amendment applications during the course of at least one public hearing, conducted according to Section 17.28.020(G).
1. 
If the city council approves the proposed amendment, it shall adopt an ordinance amending the Zoning Ordinance, in accordance with California Government Code, Sections 36931 through 36937, as amended.
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015)
A. 
Purpose. This section establishes the conditions under which specific plans and specific plan amendments may be prepared, adopted, or amended, and establishes procedures for processing specific plan and specific plan amendment applications.
B. 
Findings. A specific plan or specific plan amendment may be adopted if the proposed plan or amendment is consistent with the general plan, in accordance with California Government Code Section 65450, as amended.
C. 
Application Procedures. Application packages shall be processed according to Section 17.28.020. The city council shall hear and decide all specific plan and specific plan amendment applications during the course of at least one public hearing, conducted according to Section 17.28.020(G). The city council shall act in a manner consistent with Government Code Sections 65853 through 65857, as amended. A specific plan or specific plan amendment may be adopted by resolution or by ordinance, in accordance with California Government Code, Section 65453, as amended.
(Ord. 386 § 3, 2009; Ord. 434 § 5, 2015)
A. 
Purpose. This section specifies the process for reviewing uses entitled to review as a "use by right" as defined in Government Code Section 65583.2. In enacting this section, it is the intent of the city to implement state law as well as the goals, objectives, and policies of the city’s housing element of the general plan.
B. 
Definitions. For the purposes of this section, the following terms are defined in accordance with applicable state law:
1. 
Affordable rent or affordable housing cost are as defined in California Health and Safety Code Sections 50052.5 and 50053, as applicable.
C. 
Eligibility for By-Right Approval. The following uses are eligible for by-right approval:
1. 
Projects that satisfy both the criteria outlined in subsection C.1.a and b below:
a. 
The project is located on one or more of the sites included in Appendix B: Site Inventory in the 6th Cycle Housing Element lower-income inventory that had been included in the 4th and 5th Cycle Housing Elements.
b. 
Twenty percent of the total number of housing units in the project are proposed to be deed restricted and available to lower-income households at affordable rent or affordable housing cost, as applicable.
2. 
Permanent supportive housing in the RM, RM/H, and GC zones as defined in Government Code Section 65660 that meets all the requirements of Government Code Section 65650 et seq.
3. 
Low barrier navigation centers in the RP and GC zones as defined in Government Code Section 65660 that meet all the requirements of Government Code Section 65660 et seq.
4. 
One hundred percent affordable housing projects located on land that was owned by an independent institution of higher education or religious institution as described in Government Code Section 65913.16.
5. 
Other projects eligible under state law for by-right approval.
D. 
Permit Requirements. An applicant for a project eligible for by-right approval shall submit all applicable development permit applications, such as demolition permits, building permits, grading permits, public improvement plans, encroachment permits, landscaping plans, etc. No discretionary permit or approval is required.
E. 
Review of Application.
1. 
For by-right approval of a development permit application, the development services director, or designee, without notice or hearing, shall consider the application ministerially without discretionary review. When the application complies with the relevant standards, the permit shall be issued. The decision may be appealed to the planning commission.
2. 
The application for the by-right development permit shall be reviewed for conformance with objective standards established by the general plan, applicable specific plan, zoning code, design standards, and other adopted standards.
3. 
As provided by Government Code Section 65583.2(i), an eligible project is exempt from the California Environmental Quality Act.
4. 
Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Section 65650 et seq.
5. 
Low barrier navigation centers shall be reviewed consistent with the provisions of Government Code Section 65660 et seq.
F. 
Required Findings.
1. 
In granting by-right approval of the development permit application, the development services director, or designee, shall issue a letter of approval and shall make the following findings:
a. 
That the project is eligible for by-right approval under state law.
b. 
That the project complies with all applicable objective zoning and other adopted standards, including but not limited to design review standards.
c. 
That the project is granted subject to such applicable conditions as required to meet the standards of the use and zone in which it is located and to comply with applicable design standards.
G. 
Interpretation. If any portion of this section conflicts with any applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with state law. Statutory references in this section include successor provisions.
(Ord. 470, 12/2/2025)