Chapter 23.31 — COMMON PROCEDURES

This chapter establishes uniform procedures for the preparation, filing, and processing of all land use permits and approvals provided for in this title, unless superseded by a specific requirement of this title or state law. (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) Applicant. The owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof of the right to use and possess the property as applied for, satisfactory to the Community Development Director, shall accompany the application.

(B) Application materials.

(1) Application forms. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this title.

(2) Supporting materials. The Director may require the submission of supporting materials as part of the application, including but not limited to: statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).

(3) Availability of materials. All submitted material becomes the property of the city, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine application materials in support of or in opposition at the Planning Division offices. Unless prohibited by law or superseded by specific permit confidentiality requirements, copies of such materials shall be made available at a reasonable cost.

(C) Application fees.

(1) Fee schedule. The Council shall adopt by resolution a municipal fee schedule that establishes fees for each application, informational materials, penalties, copying, and other such items.

(2) Fee payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid.

(3) Fee waiver. No fee shall be required when the applicant is the city, or if it is waived under any other provision of the Alhambra Municipal Code.

(4) Refund of fees. Application fees are non-refundable unless otherwise provided for in the Alhambra Municipal Code or by policy of the Council.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) Initial completeness review. The Director, or designee, shall determine whether an application is complete within 30 days of the date the application is filed and required fee received.

(1) Incomplete application. If an application is deemed incomplete, the Director or designee shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.

(a) Zoning code violations. Unless otherwise prohibited by law, an application shall not be found complete if conditions exist on the site in violation of this title or any permit or other approval granted in compliance with this title, unless the proposed project includes the correction of the violations.

(b) Submittal of additional information. The applicant shall provide the additional information within the time limit specified by the Director, or designee, which shall be no sooner than 30 days.

(c) Appeal of determination. Determinations of incompleteness are subject to the provisions of § 23.31.120, except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal.

(d) Expiration of application. If an applicant fails to correct the specified deficiencies within the specific time limit, the application shall expire and be deemed withdrawn, unless an extension is granted by the Director. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.

(2) Complete application. When an application is deemed complete, the Director or designee shall make a written record of that date. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time, pursuant to § 23.31.050. Within 30 days of the date that the application for a housing development project containing 150 or fewer housing units, and within 60 days of the date that the application for a housing development project containing more than 150 units, is deemed complete, the Director or designee shall notify the applicant of any inconsistencies with the city's adopted objective standards pursuant to Cal. Gov’t Code § 65589.5.

(a) Correction of deficiencies. If an application has been deemed complete, but correction of deficiencies in the information and materials provided is required to proceed with any action to approve, modify, or deny an application, then the Director or designee shall provide written notification to the applicant listing specified deficiencies. The applicant shall correct the specified deficiencies within the time limit specified by the Director, or designee, which shall be no sooner than 30 days.

cies in the information and materials provided is required to proceed with any action to approve, modify, or deny an application, then the Director or designee shall provide written notification to the applicant listing specified deficiencies. The applicant shall correct the specified deficiencies within the time limit specified by the Director, or designee, which shall be no sooner than 30 days.

(b) Expiration of application. If an application has been deemed complete, but the applicant fails to correct the specified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn due to inactivity, unless an extension is granted by the Director. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.

(B) Referral of application. At the discretion of the Director, or where otherwise required by this title, state or federal law, any application filed in compliance with this title may be referred to any city department, public agency, or interest group that may be affected by or have an interest in the proposed land use project.

(C) Extensions. The Director may, upon written request from the applicant and for good cause, grant extensions of any time limit for review of applications imposed by this title.

(Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25; Ord. 4848, passed 9-8-25)

All projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code of Regulations is amended, such amendments will govern city procedures.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

Unless otherwise specified, whenever the provisions of this title require public notice, the city shall provide notice in compliance with applicable state law and as follows.

(A) Mailed notice. At least ten days before the date of the public hearing, or the date of action when no public hearing is required, the Director (or the City Clerk for City Council hearings) shall provide notice by first class mail delivery to the following:

• (1) The applicant, the property owner, and any occupant of the subject property;

(2) All property owners of record within a minimum 300-foot radius of the subject property as shown on the latest available assessment role or a larger radius or geographical boundary if deemed necessary by the Director to provide adequate public notification; and

• (3) Any person or group who has filed a written request for notice.

(B) Alternative method for large mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of a mailed notice, notice may, at the discretion of the Director, be provided by either of the following methods.

(1) Placing one display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least ten days prior to the hearing; or

(2) By placing an insert within any generalized mailing sent by the city to property owners in the area affected by the proposed action, such as billings for city services, at least ten days prior to the hearing.

(C) Posted notice. At least ten days before the date of the hearing, the project site shall be posted by the applicant, to the satisfaction of the Community Development Director, with one or more signs describing the project and advertising the public hearing. The sign(s) shall be visible from an adjacent street and placed on the site in a location(s) determined by the Director. Signs shall be removed within 30 days of final action on the project.

(D) Newspaper notice. At least ten days before the date of the public hearing notice shall be published in at least one newspaper of general circulation in the city.

• (E) Contents of notice. Each notice shall include the following information:

• (1) The location of the real property, if any, that is the subject of the application;

• (2) A general description of the proposed project or action;

• (3) The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

• (4) The identity of the hearing body or officer; and

(5) The location and times at which the complete application and project file, including any environmental review documentation prepared in connection with the application, may be viewed by the public.

(F) Failure to notify individual properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice. (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of state law as follows.

(A) Generally. Hearings shall be conducted pursuant to procedures adopted pursuant to § 23.30.050, if any such procedures have been adopted. Hearings are not required to be conducted according to technical rules relating to evidence and witnesses.

• (B) Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director.

(C) Presentation. An applicant or an applicant's representative may make a presentation of a proposed project prior to public testimony. The applicant or applicant's representative is also provided rebuttal time at the end of the public testimony.

(D) Public hearing testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.

(E) Time limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

(F) Continuance of public hearing. The hearing body may by motion continue the public hearing to a fixed date, time and place, or may continue the item to an undetermined date. When a project is subject to the protections of Cal. Gov’t Code § 65905.5 limiting review of housing development projects to no more than five hearings, any lower decision making body shall complete their work within three hearings to allow for at least two hearings at the appeal level.

(G) Decision. The public hearing shall be closed before a vote is taken.

(Ord. 4823, passed 1-22-24; Ord. 4831, passed 8-26-24; Ord. 4844, passed 4-28-25; Ord. 4848, passed 9-8-25)

When deciding to approve, approve with conditions, modify, revoke or deny any discretionary permit under this title, the review authority shall issue a notice of action and make findings of fact as required by this title.

(A) Date of action. The review authority shall decide to approve, modify, revoke, or deny any discretionary permit through the adoption of a resolution with findings following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the City Council in accordance with § 23.31.120. Time extensions may be granted pursuant to § 23.31.090.

(1) Project exempt from environmental review. Within 30 days of the date the city has determined an application to be complete, a determination must be made whether the project is exempt from Environmental Review per State CEQA requirements.

(2) Project for which a negative declaration or mitigated negative declaration is prepared. Within 60 days of the date a negative declaration or mitigated negative declaration has been completed and adopted for project approval, the city shall act on the accompanying discretionary project.

(3) Project for which an EIR is prepared. Within 180 days from the date the review authority certifies a final EIR, the city shall act on the accompanying discretionary project.

(B) Notice of action. After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this title, the Director shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decisions. The Director shall mail the notice to the applicant and to any other person or entity that has filed a written request for such notification with the Planning Division within five days of the decision being made.

(C) Findings. Findings, when required by state law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) Scope. The scope of approvals includes only those uses and activities proposed in the application, excluding other uses and activities.

(B) Conditions. The site plan, floor plans, building elevations, and/or any additional information or representation, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or

submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant shall guarantee, warranty, or ensure compliance with submitted plans and conditions in all respects. The city reserves the right to revisit, and if necessary, modify and/or add conditions of approval if an approved use results in increased or additional impacts not contemplated at the time of approval. (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) Effective dates. A decision shall be effective on the date of action except as provided below.

(1) Decisions subject to appeal. A final decision on an application for any approval subject to appeal shall become effective after the expiration of the ten-business day appeal period following the date of action, unless an appeal is filed. In the event an appeal period ends on a Saturday, Sunday, or any other day the City Hall is closed, the appeal period shall end at the close of business on the next business day. No building permit or business license shall be issued until the day following the date of the end of the appeal period.

(2) Amendments to the Zoning Code or Zoning Map. Amendments to the Zoning Ordinance or Zoning Map shall take effect 40 calendar days after the second reading of the ordinance. In the event an effective date lands on a Saturday, Sunday, or any other day City Hall is closed, the appeal period shall end at the close of business on the next business day.

(B) Expiration. The review authority, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this title shall automatically expire when no project or use has been initiated within two years after the effective date of the approval and become null and void.

(C) Exercise of permit.

(1) Exercise of planning approval or permit. A permit for the use of a building or property is exercised when, if required, a valid city business license has been issued, and the permitted use has commenced on the site.

(2) Exercise of building permit. A permit for the construction of a building or structure is exercised when a valid city building permit, if required, is issued, and construction has lawfully commenced.

(D) Extensions. The Community Development Director may approve a one-year extension of any permit or approval granted under this title upon receipt of a written application with the required fee within the time period specified by the Review Authority, or two years of the date of the approval.

(E) Lapse. When a permit has been exercised, it shall remain valid and in force unless the use or structure authorized by the permit is removed from the site for a period greater than 12 consecutive months, or is abandoned or discontinued for a period greater than 12 consecutive months, in which case the permit may be revoked in accordance with § 23.31.110. No use of land or structure, the permit for which has lapsed in compliance with this section and has been revoked in compliance with § 23.31.110, shall be reactivated, re-established, or used unless a new permit is first obtained.

(Ord. 4823, passed 1-22-24; Ord. 4831, passed 8-26-24; Ord. 4848, passed 9-8-25)

No revision in the use or structure for which a permit or other approval has been issued is permitted unless the permit is revised as provided for in this title. For this section, the revision of a permit may include revision of a design review approval.

(A) Minor revisions. The Community Development Director may approve minor revisions to approved plans and permits that are consistent with the original findings and conditions approved by the Review Authority, do not expand the approved floor area by more than 10%, and would not intensify any potentially detrimental effects of the project.

(B) Major revisions. A request for revisions to conditions of approval of a discretionary permit, a revision to an approved site plan or building plan that would affect a condition of approval, or a revision that would intensify a potential impact of the project shall be treated as a new application and shall be decided on by the same Review Authority as the approved permit.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

Any permit granted under this title may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.

(A) Initiation of proceeding. Revocation proceedings may be initiated by Director.

(B) Public notice, hearings, and action. After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to this chapter.

(C) Required findings. The Planning Commission may revoke or modify the permit if it makes any of the following findings:

(1) The approval was obtained by means of fraud or misrepresentation of a material fact;

(2) The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;

(3) The use in question has ceased to exist or has been suspended for 12 months or more;

(4) There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has

been conducted in violation of the provisions of this title, or any applicable local or state law or regulation; or

(5) The use has been conducted in a manner detrimental to the public safety, health and welfare, or to be a nuisance.

(D) Notice of action. Following Planning Commission action to revoke or modify a permit, the Director shall issue a notice of action within five days. The notice shall describe the Commission's action with its findings. The Director shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding. (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) Applicability. Any action by the Design Review Board, Historic Preservation Commission, Planning Commission or Community Development Director in the administration or enforcement of the provisions of the Zoning Ordinance may be appealed in accordance with this section.

(1) Appeals of Community Development Director Decisions. Decisions of the Community Development Director may be appealed to the Planning Commission or Historic Preservation Commission, as appropriate, by filing a written appeal with the Planning Division.

(2) Appeals of Design Review Board Decisions. Decisions of the Design Review Board may be appealed to the Planning Commission by filing a written appeal with the Planning Division.

(3) Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk.

(4) Appeals of Historic Preservation Commission Decisions. Decisions of the Historic Preservation Commission may be appealed to the City Council.

(B) Rights of appeal. Unless otherwise specified, appeals may be filed by the applicant, the owner of the subject property, or any other person aggrieved by a decision that is subject to appeal under the provisions of the Zoning Code.

(C) Time limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within ten business days of the date which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the city is closed, the appeal period shall end at the close of business on the next business day.

(D) Procedures.

• (1) Filing.

(a) An appeal shall be filed on a form specified by the Community Development Director and accompanied by the applicable fees. Each appeal shall be accompanied by a filing fee, as established in the municipal fee schedule;

(b) The appeal shall state specifically why a determination or interpretation is not in accordance with the purposes of this Zoning Code, where there was an error or abuse of discretion, where the record includes inaccurate information, or how a decision is not supported by evidence in the record;

(2) Proceedings stayed by appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed, including the issuance of city building permits and business licenses.

(3) Transmission of record. The Community Development Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body on the next available agenda. The Director shall forward the appeal, the notice of action, and all other documents that constitute the record to the hearing body.

(4) Public notice and hearing. Public notice shall be provided pursuant to § 23.31.050, and a public hearing shall be provided pursuant to § 23.31.060. Notice of the hearing shall also be given to the applicant, the party filing the appeal, and any other interested party who has filed with the city a written request for such notice. The matter shall be heard de novo.

(5) Action. An action to grant an appeal shall require a majority vote. A tie vote shall have the effect of rejecting the appeal.

(Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25; Ord. 4848, passed 9-8-25)

Requests for interpretations of this title and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. The decision of the Director on such requests may be appealed under § 23.31.120.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

Except as otherwise provided by law, any applicant who receives a permit, entitlement, or approval pursuant to this title shall defend, indemnify, and hold harmless the city and its agents, employees, and officers from any action, claim, challenge, or proceeding brought against the city and its agents, employees, and offices which arises from or is in any way related to the permit, entitlement, or approval issued by the city.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) Purpose. This section establishes the responsibilities of various departments, officials and public employees of the city to enforce the requirements of this title and establishes uniform procedures the city will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this title.

(B) Enforcement. All departments, officials, and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this title, and any such permit or license issued in conflict with the provisions of this title shall be null and void to the extent allowed by law.

(1) The Department of Community Development shall be responsible for monitoring and enforcing the conditions of approval and standards imposed on all land use entitlements granted by the city and this title. Any use which is established, operated, erected moved, altered, enlarged, or maintained, contrary to the provisions of this title or any condition of approval, is hereby declared to be unlawful and shall be subject to the remedies and penalties set forth in Chapter 1.12 of the Alhambra Municipal Code, and/or revocation procedures initiated pursuant to the following chapters contained in this title.

(C) Public nuisance. Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this title, and failure to comply with any of the conditions of a permit granted under this title is declared to be unlawful and a public nuisance, and shall, at the discretion of the city, in addition to or in lieu of taking any other action permitted by law, commence an action or actions, proceeding or proceedings in the superior court of Los Angeles County, seeking an injunction and/or any other remedy available at law, including but not limited to fines, attorneys' fees and costs.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

For any applications for approval of the construction of new structures or buildings; additions to existing structures or buildings; exterior alteration of an existing structure or building; or other approvals for buildings or structures which include the discretionary review of design elements and project aesthetics by the Community Development Director, or their designee; the Design Review Board; the Historic Preservation Commission; the Planning Commission; or the City Council; the city decision maker shall utilize the Residential and Non-Residential Design Guidelines as adopted by the City Council, and as amended from time to time, to aid in the exercise of such discretion. (Ord. 4831, passed 8-26-24; Ord. 4848, passed 9-8-25)

(A) Order of business. Promptly at the hour set by law on the day of each regular meeting, the members of the Commission shall take their regular stations in the Council Chamber and the business of the Commission shall be taken up for consideration and disposition in the following order, except as may be otherwise requested by the Community Development Director or ordered by the Commission:

• (1) Call to order;

• (2) Roll call;

• (3) Flag salute;

• (4) Consent agenda;

• (5) Discussion items;

• (6) Public hearings;

• (7) Oral communications;

• (8) Comments from the Planning Commission and conference/meeting reports;

• (9) Comments from staff;

• (10) Adjournment.

• (B) Consent agenda.

(1) All items listed under the consent agenda are considered by the Commission to be routine and will be enacted by one motion unless a citizen or Commissioner requests otherwise; in which case, the item will be removed for separate consideration. Items placed on the consent agenda include smaller scale projects and ministerial matters (minutes, resolutions, etc.), but shall not include items that require a public hearing (such as variances, general plan and zoning amendments, etc.).

(2) Application summaries and written findings and recommendations for applications placed on the consent agenda may be comprised of a description of the proposed development and its location, and a description of any proposed conditions.

(C) Discussion. All items listed under discussion are those regarded as needing individual review and discussion by the Planning Commission, but do not require a public hearing or noticing beyond what is required in the provisions of the Ralph M. Brown Act, Cal. Gov’t Code § 54950 et seq., and sections amendatory and supplementary thereto.

(D) Public hearings. All items listed under public hearing will be administered in accordance with the rules and regulations established in § 23.31.060, Conduct of Public Hearings.

(Ord. 4831, passed 8-26-24; Ord. 4848, passed 9-8-25)

(A) Order of business. Promptly at the hour set by law on the day of each regular meeting, the members of the Commission shall take their regular stations at the designated meeting location and the business of the Commission shall be taken up for consideration and disposition in the following order, except as may be otherwise requested by the Community Development Director or ordered by the Commission:

• (1) Call to order;

• (2) Roll call;

• (3) Flag salute;

• (4) Consent agenda;

• (5) Discussion items;

• (6) Public hearings;

• (7) Oral communications;

• (8) Comments from the Historic Preservation Commission and conference/meeting reports;

• (9) Comments from staff;

• (10) Adjournment.

(B) Consent agenda.

(1) All items listed under the consent agenda are considered by the Commission to be routine and will be enacted by one motion unless a citizen or Commissioner requests otherwise; in which case, the item will be removed for separate consideration. Items placed on the consent agenda include smaller scale projects and ministerial matters (minutes, resolutions, etc.), but shall not include items that require a public hearing.

(2) Application summaries and written findings and recommendations for applications placed on the consent agenda may be comprised of a description of the proposed development and its location, and a description of any proposed conditions.

(C) Discussion. All items listed under discussion are those regarded as needing individual review and discussion by the Historic Preservation Commission. but do not require a public hearing or noticing beyond what is required in the

provisions of the Ralph M. Brown Act. Cal. Gov’t Code §§ 54950 et seq. and sections amendatory and supplementary thereto.

(D) Public hearings. All items listed under public hearing will be administered in accordance with the rules and regulations established in § 23.31.060.

(Ord. 4848, passed 9-8-25)