§ 9107.01 — Arcadia Zoning Code

9107.01.010 - Purpose and Intent. ¶

This Division establishes the overall structure for the application, review, and action on City-required permit applications and identifies and describes those discretionary permits and other approvals required by this Development Code in Table 7-1 (Review Authority).

9107.01.020 - Discretionary Permits and Actions.

A.

Administrative Permits and Actions. Except when combined with legislative actions or other nonadministrative actions defined in this Division, the Director, also defined in this Development Code as the designee of the Director, is the designated Review Authority for the following quasi-judicial permits and actions, which are generally limited to interpretation of policy or relatively minor adjustments of Development Code standards. Additionally, the Director has primary administrative authority over certain activities which require the determination of compliance with applicable Development Code provisions. The Director, at the Director's sole discretion, may elevate the level of review to a higher Review Authority.

1.

Administrative Modifications. An administrative action granting exception (modification or deletion) to certain specified development standards of this Development Code in cases where strict compliance would result in a hardship as specified in and processed in compliance with Section 9107.05 (Administrative Modifications).

2.

Certificates of Demolition. An administrative action authorizing the issuance of a Certificate of Demolition in compliance with Section 9107.07 (Certificates of Demolition).

3.

Development Code Interpretations. An administrative interpretation of certain provisions of this Development Code in an effort to resolve ambiguity in the regulations and to ensure their consistent application in compliance with Section 9101.02 (Interpretation of the Development Code Provisions).

4.

Home Occupation Permits. An administrative permit authorizing the operation of a specified home based occupation in a particular location in compliance with the provisions of this Development Code and in compliance with procedures specified in Section 9107.13 (Home Occupation Permits).

5.

Minor Use Permits. An administrative permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of this Development Code and in compliance with procedures specified in Section 9107.09 (Conditional Use Permits and Minor Use Permits).

6.

Reasonable Accommodations. An administrative permit authorizing limited modifications to properties to accommodate a person with specified disabilities and physical limitations in compliance with specific criteria and performance standards and in compliance with procedures specified in Section 9107.17 (Reasonable Accommodations).

7.

Sign-Related Permits.

a.

Sign Permits. An administrative permit authorizing a variety of signs, including individual signs for promotional advertising in compliance with specific provisions and conditions of this Development Code and Section 9103.11 (Signs). Temporary signs may also be approved in conjunction with a Temporary Use Permit issued in compliance with Section 9107.23 (Temporary Use Permits).

b.

Comprehensive Sign Programs. A process through which permissible on-site signage is reviewed to provide for a coordinated, complementary program of signage within a single development project consisting of multiple tenant spaces or a zone.

8.

Site Plan and Design Review. An administrative review process providing for review of projects for compliance with the provisions of this Development Code and with any site plan or architectural design guidelines adopted by the City and as provided in Section 9107.19 (Site Plan and Design Review). The

review role is delegated to Department Staff, the Director, the Commission, or the Council (for applications requiring Council determinations) as specified in Section 9107.19 (Site Plan and Design Review) and Table 7-3 (Review Authority for Site Plan and Design Review).

9.

Site Plan and Design Review: Homeowners Associations Areas. An administrative review process providing for review of projects located in Homeowners Association Areas established by City Council Resolution for compliance with the provisions of this Development Code, City Council Resolution, and architectural design guidelines adopted by the City and as provided in Section 9107.210 (Site Plan and Design Review: Homeowners Association Areas). The review role is delegated to Department Staff, the Director, the Homeowners Association Architectural Review Board Chairperson, the Homeowners Association Architectural Review Board, the Commission, or the Council (for applications requiring Council determinations) as specified in Section 9107.210 (Site Plan and Design Review: Homeowners Association Areas) and Table 7-4 (Review Authority Site Plan and Design Review: Homeowners Association Areas).

10.

Temporary Use Permits. An administrative permit authorizing specific limited term uses in compliance with specified conditions and performance criteria specified in Section 9107.23 (Temporary Use Permits).

11.

Tree Encroachment, Preservation, and/or Removal.

12.

Zoning Clearances. A nondiscretionary administrative plan-check process of nonexempt uses and structures that do not otherwise require review to determine compliance with applicable provisions of this Development Code as specified in Section 9107.27 (Zoning Clearances).

B.

Quasi-Judicial Permits and Actions. Except when combined with legislative actions, the Commission is the designated Review Authority for the following quasi-judicial permits and actions. Additionally, review of administrative permits and actions may be referred to the Commission. A public hearing is required for the following quasi-judicial actions in compliance with Section 9108.13 (Public Notices and Hearings).

1.

Conditional Use Permits. A permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of this Development Code and the procedures specified in Section 9107.09 (Conditional Use Permits and Minor Use Permits).

2.

Planned Development Permits. A permit authorizing the development of land that may not conform with the applicable zone-driven standards or related regulations, but which complies with the goals and policies of the General Plan for a particular area in compliance with Section 9107.15 (Planned Development Permits).

A Variance may also allow for exceptions to development standards, but only when strict State-mandated findings can be made.

3.

Variances. An action granting exception to the development standards of this Development Code in cases where strict compliance would result in a unique hardship in compliance with Section 9107.25 (Variances). A Planned Development Permit may also allow for exceptions to development standards, but only when provisions for enhanced amenities can be demonstrated and the project site is at least one acre.

C.

Legislative Actions. The designated Review Authority for all legislative actions is the Council. A public hearing is required for the following legislative actions in compliance with Section 9108.13 (Public Notices and Hearings).

1.

Density Bonus for Affordable Housing. An action authorizing a residential density bonus in compliance with Section 9103.15 (Density Bonus for Affordable or Senior Housing).

2.

Development Agreements and Amendments. An agreement between the City and a party with legal or equitable interest in the real property relating to the development of property in compliance with Section 9107.11 (Development Agreements).

3.

Development Code Text/Zoning Map Amendments. An action authorizing either a text amendment to this Development Code or a map amendment changing the zoning designation of particular property in compliance with Section 9108.03 (Amendments).

4.

General Plan Text/Map Amendments. An action authorizing either a text amendment to the General Plan or a map amendment changing the General Plan land use designation of particular property in compliance with Section 9108.03 (Amendments).

5.

Specific Plans and Amendments. A regulatory document prepared in compliance with Government Code Section 65450 et seq. for the systematic implementation of the General Plan for a particular area as specified in Section 9107.21 (Specific Plans).

D.

Subdivision Maps and Other Approvals.

Subdivision of Land. Regulations governing the subdivision of land are established in Division 5 (Subdivisions).

2.

Buildings and Construction. Provisions for construction and building are established in Municipal Code Article VIII (Building Regulations).

(Ord. No. 2363, § 4(Exh. A), 11-5-19)

9107.01.030 - Additional Permits May Be Required. ¶

A land use on property that complies with the permit requirement or exemption provisions of this Development Code shall also comply with the permit requirements of other Municipal Code provisions and

any permit requirements of other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use. Nothing in this Development Code shall eliminate the need to obtain any permits required by:

A.

Any other Municipal Code provisions, including Building, Grading, or other construction permits; a Business License in compliance with Municipal Code Section 6211 (License Required), if required; or subdivision approval if required by Division 5 (Subdivisions); or

B.

Any applicable county, regional, State, or Federal regulations.

9107.01.040 - Burden of Proof and Precedence.

A.

Burden of Proof. The burden of proof to establish the evidence in support of the required finding(s) for any permit or approval in compliance with this Division is the responsibility of the applicant.

B.

Precedence.

1.

Each permit shall be evaluated on a case-by-case basis.

2.

The granting of a prior permit either on the subject property or any other property within the City does not create a precedent and is not justification for the granting of a new permit under current review.

Section 9107.03 - Application Processing Procedures

9107.03.010 - Purpose and Intent.

A.

This Division provides procedures and requirements for the preparation, filing, and initial processing of the land use permit applications required by the City and specified in this Development Code.

B.

Table 7-1 (Review Authority), identifies the Review Authority responsible for reviewing and making decisions on each type of application required by this Development Code.

Table 7-1 Review Authority
Type of Action	Applicable Cd Sti	Role of Review Authority(1)
	oe econ	Director	Commission	Council
Legislative Actions
Development Agreements and Amendments	9107.11	Recommend(1)	Recommend	Decision
Development Code Amendments	9108.03	Recommend(1)	Recommend	Decision
General Plan Amendments	9108.03	Recommend(1)	Recommend	Decision
Specifc Plans and Amendments	9107.21	Recommend	Recommend	Decision
Zoning Map Amendments	9108.03	Recommend	Recommend	Decision
Planning Permits and Approvals and Administrative Actions
Administrative Modifcations	9107.05	See Table 7-2 for specifed thresholds
Certifcates of Demolition	9107.07	Decision	Appeal	Appeal
Conditional Use Permits	9107.09	Recommend	Decision(2), (4)	Appeal
Home Occupation Permits	9107.13	Decision(3)	Appeal	Appeal
Interpretations	9101.03	Decision(3)	Appeal	Appeal
Minor Use Permits	9107.09	Decision(3)	Appeal	Appeal
Planned Developments	9107.15	Recommend	Decision(4)	Appeal
Reasonable Accommodations	9107.17	Decision	Appeal	Appeal
Sign Permits	9103.11	Decision(3)	Appeal	Appeal
Site Plan and Design Review (See Table 7-3 for specifed thresholds).	9107.19	Decision(3)	Decision/Appeal(4)	Appeal
Site Plan and Design Review: Homeowners Association Areas (See Table 7-4 for specifed thresholds.)	9107.20	Decision(6)	Appeal	Appeal
Temporary Use Permits	9107.23	Decision(3)	Appeal	Appeal
Protected Tree Permits

Removal of Dead, diseased, and Hazardous Trees	9110.01.070	Decision	Appeal	Appeal
Tree Encroachment	9110.01.070	Decision	Appeal	Appeal
Removal of Healthy Tree	9110.01.070	Decision	Appeal	Appeal
Variances	9107.25	Recommend	Decision(4)	Appeal
Zoning Clearances	9107.27	Issue	Appeal	Appeal
Zoning Clearances (ADU)	9107.27	Issue	Appeal(5)	Appeal(5)

Notes:

(1) "Recommend" means that the Review Authority makes a recommendation to a higher decision making body; "Decision" means that the Review Authority makes the final decision on the matter; "Issue" means that the Review Authority grants the Zoning Clearance after confirming compliance with all applicable provisions of this Development Code; and "Appeal" means that the Review Authority may consider and decide upon appeals to the decision of an earlier decision making body, in compliance with Section 9108.07 (Appeals).

(2) The final Review Authority for a Conditional Use Permit granting a Density Bonus, in compliance with Section 9107.03 (Application Processing Procedures) shall be the Council, with the Commission first making a written recommendation to the Council.

(3) The Director may defer action and refer the request to the Commission for consideration and final decision.

(4) The Commission may defer action and provide a recommendation to the Council for consideration and final decision.

(5) A Zoning Clearance (ADU) may only be appealed if a determination pursuant to 9103.070.050.D.4.a or 9107.27.030.D.1 has been made.

(6) For Site Plan and Design Review: Homeowners Association Areas, the Director Review shall include reviews by the Director under the City Review process, reviews by the HOA ARB Chairperson under the Short Review process and reviews by the HOA Architectural Review Board under the Regular Review process.

(Ord. No. 2347, § 4(Exhs. A, B), 6-6-17; Ord. No. 2363, § 4(Exh. A), 11-5-19; Ord. No. 2375, § 4(Exh. A), 4- 6-21; Ord. No. 2400, § 4(Exh. A), 2-20-24)

9107.03.020 - Application Submittal.

A.

Concurrent Filing. An applicant for a development project that requires the filing of more than one application (e.g., Conditional Use Permit, Tentative Map, etc.), shall file all related applications concurrently, together with all application fees required by Subsection 9107.03.050 Filing Fees Requirements), below, unless these requirements are waived by the Director.

B.

Concurrent Processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or denied by the highest Review Authority designated by this Development Code for any of the applications. For example, a project for which applications for Zoning Map Amendment and a Conditional Use Permit are filed shall have both applications decided by the Council, instead of the Commission being the final decision making authority for the Conditional Use Permit as otherwise required by Table 7-1 (Review Authority), above. In the example cited, the Commission would still hear all of the applications (the Zoning Map Amendment and the Conditional Use Permit) and forward recommendations to the Council.

C.

Pre-Application Conference.

1.

A prospective applicant is strongly encouraged to request a pre-application conference with the Director or designated Department Staff member before completing and filing a permit application required by this Development Code.

2.

The purpose of a pre-application conference is to generally:

a.

Inform the applicant of City requirements as they apply to the proposed project;

b.

Discuss the City's review process, possible project alternatives, or modifications; and

c.

Identify information and materials the City will require with the application, including any necessary technical studies and information anticipated for the environmental review of the project.

3.

Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as either a recommendation for approval or denial of the application or project by the City's representative.

4.

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

9107.03.030 - Eligible Applicants.

An application may only be filed by the owner of the subject property or a lessee or authorized agent of the property owner with the written consent of the property owner. With the Director's approval, a lessee with the exclusive right to use the property for a specified use may file an application related to that use.

B.

The application shall be signed by the owner of record or may be signed by the lessee or by authorized agent of the property owner if written authorization from the owner of record is filed concurrently with the application.