Chapter 17.10 — GENERAL REGULATIONS
El Monte Zoning Code · 2026-06 edition · ingested 2026-07-06 · El Monte
17.10.010 - Purpose. ¶
modified
The purpose and intent of this title is for the following:
A.
To implement the goals, objectives and policies of the city's general plan, any applicable specific plan and the most current housing element;
B.
To consolidate and coordinate all existing zoning regulations and provisions into one comprehensive Zoning Code in order to designate, regulate and control the location and uses of buildings, structures and land;
C.
To foster a harmonious relationship among land uses and ensure compatible infill development;
D.
To preserve the character and integrity of residential neighborhoods and protect and enhance the quality of the city's natural and built environment;
E.
To support economic development and job creation;
F.
To provide for the housing needs of all economic segments of the community;
G.
To facilitate high quality commercial and residential development with regards to the site plan, architecture, materials, colors, signing and landscaping/open space; and
H.
To promote the safe and efficient mobility for passenger vehicles, transit riders, bicyclists and pedestrians.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.10.020 - Compliance with regulations. ¶
modified
This title shall apply, to the extent permitted by federal and state law, to all private property within the City of El Monte, including all uses, structures and land owned by any person, firm, corporation or organization. The regulations shall be subject to the following interpretations, applications and exceptions:
A.
Entitlements. Prior to the issuance of any land use entitlement, the Planning Division must determine that the proposed building, structure or use is consistent with the general plan, the Zoning Code and any applicable specific plan.
B.
Permitted Uses. No building or structure shall be erected, and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this title as permitted in the respective zoning district in which such land, building or premises is located.
C.
Nonconforming Uses. No business, occupation or activity which is or may lawfully be conducted shall be altered, expanded or substantially changed in any manner so as to make it nonconforming to any provision of law, ordinance or resolution applicable to the premises or to the property or the business or activity conducted thereon.
D.
Nonconforming Buildings or Structures. No building or structure shall be erected nor shall any existing building or structure be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building site requirements and the area and yard regulations established by this title for the zoning district in which such building is located.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.10.030 - Zoning code organization. ¶
modified
Division 1: Introduction. This division includes the rules and regulations of this title, identifies the Zoning District and Overlay Zones and outlines certain processes such as appeals.
Divisions 2, 3 and 4: Zoning Districts and Overlays. This division provides regulations that control the height, bulk and location of structures for the city's Zoning Districts.
Division 5: Performance Standards. This division provides a list of environmental standards that properties and uses must meet to mitigate impacts such as noise, air quality and energy usage.
Division 6: General Property Development Standards. This division provides development standards for items that may apply to some or all properties. Examples include height exceptions, refuse storage facilities and walls.
Division 7: Parking and Landscaping Regulations.
Division 8: Signage and Billboard Regulations.
Division 9: Wireless Regulations.
Division 10: Affordable Housing Regulations. This division provides regulations to incentivize the construction of affordable housing by allowing density bonuses.
Division 11: Regulations Applicable for Certain Uses. This division provides regulations for specific land uses such as Accessory Dwelling Units (ADUs), hotels and motels, outdoor dining and vehicle service stations.
Division 12: Administration of Applications and Permits. This division contains detailed procedures for the administration of this title, and includes common procedures, processes and standards for discretionary entitlement applications and other permits.
Division 13: Specific plans. This division includes the procedures, processes and standards to establish a specific plan. It also includes the land use regulations for existing specific plans in the city.
Division 14: Design Guidelines. This division provides information needed to ensure projects throughout the city follow high design standards. Portions of the Design Guidelines are found in numerous chapters of this title. However, the complete Guidelines are found in Division 14 of this title.
Division 15: Definitions. This division furnishes use classifications, articulates terms and provides definitions used throughout this title.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.10.040 - Effective date of this title. ¶
modified
A.
Projects Approved Prior to the Adoption of this title:
1.
Any building or structure for which a Building Permit has been issued may be completed and used in accordance with the plans, specifications, and permits on which said Building Permit was granted, provided construction is diligently pursued and completed within twelve (12) months of permit issuance. No extensions of time, except as provided for in Title 15 (Building and Construction) of the El Monte Municipal Code (EMMC), shall be granted for commencement of construction, unless the applicant has secured an allowed permit extension from the Building Official.
2.
Any previously approved permit, entitlement or subdivision map shall remain vested, subject to the requirements of the title in effect on the effective date of approval, unless the approval expires.
B.
Pending Projects. Planning permit applications that are subject to the Permit Streamlining Act, that have been submitted to the city prior to the effective date of this title, which do not require a plan amendment, rezone, or other legislative decision, shall be subject to the title under the rules in effect at the time the application was deemed complete. However, the applicant may choose to use the updated provisions of this title in their entirety.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.10.050 - Planning authorities. ¶
modified
A.
City Council. The powers and duties of the City Council as the legislative body under this title include, but are not limited to, the following:
1.
Consider and decide General Plan Amendments (including changes to the Land Use Plan or Map), Zoning Map Amendments (Zone Changes), Zoning Code Amendments, Special Sign Districts), specific plans and specific plan Amendments;
2.
Initiate new plans and ordinances and amend existing plans and ordinances;
3.
Consider and decide applications for Development Agreements;
4.
Make environmental determinations on projects subject to the California Environmental Quality Act (CEQA);
5.
Hear and decide appeals from decisions of the Planning Commission;
6.
Establish, by Resolution, a Master Fee Schedule listing fees and charges for various applications and services provided; and
7.
Designate the authority of the Planning Commission and Zoning Review Committee.
B.
Planning Commission. The powers and duties of the Planning Commission under this title include, but are not limited to, the following:
1.
Consider and make decisions on land use entitlements;
2.
Make recommendations to the City Council on General Plan Amendments (including for the Land Use Plan or Map), Zoning Map Amendments (Zone Changes), Zoning Code Amendments, Special Sign Districts, specific plans and specific plan Amendments;
3.
Make recommendations to the City Council on Development Agreements;
4.
Make or recommend that the City Council make environmental determinations on projects subject to CEQA;
5.
Hear and decide appeals from decisions of the Zoning Review Committee and Community Development Director; and
6.
Other duties and powers assigned or directed by the City Council.
C.
Zoning Review Committee:
1.
The provisions of the Zoning Review Committee under this title include the following:
a.
Membership. The Zoning Review Committee shall consist of a member of the Planning Commission (as annually elected by the full Planning Commission), the Building Official and the Community Development Director. If any are unable to attend a meeting or disqualified from an agenda item, a designated alternate may attend on their behalf.
b.
Secretary and Chairperson. The Planning Commission Secretary shall serve as the Zoning Review Committee Secretary, and the records of said Zoning Review Committee shall at all times be available to the Planning Commission. The Chairperson of the Zoning Review Committee shall be the Planning Commission member thereon. Minutes of all Zoning Review Committee meetings shall be distributed to all members of the Planning Commission.
c.
Meetings. The Zoning Review Committee shall meet prior to the first Planning Commission of each month, unless all three (3) members or their alternates are unable to attend the meeting or there is a lack of applications to consider. The Chairperson of the Zoning Review Committee may call a special meeting to consider applications.
d.
Actions by the Zoning Review Committee:
i.
No application upon which the Zoning Review Committee has the authority and the duty to act under this title may be approved except by the unanimous affirmative vote of all of the members of the Zoning Review Committee. If any application is disapproved by two (2) or more members of the Committee, the application shall be deemed to have been denied.
ii.
If only one member of the Zoning Review Committee disapproves an application, such application shall automatically be referred to the Planning Commission for decision.
iii.
The Zoning Review Committee may, in its discretion, refer to the Planning Commission any application for decision by the Planning Commission without further fee to the applicant.
2.
The powers and duties of the Zoning Review Committee under this title include, but are not limited to, the following:
a.
Consider and make decisions on Minor Variances and Minor Use Permits as outlined in this title;
b.
Make environmental determinations on projects subject to CEQA; and
c.
Other duties and powers assigned or directed by the City Council.
D.
City Manager. The powers and duties of the City Manager under this title include, but are not limited to, the following:
1.
Negotiate the components and provisions of Development Agreements for recommendation to the Planning Commission and City Council; and
2.
Consider and make decisions on Administrative, Section 6409 and Temporary Wireless Permit appeals.
E.
Community Development Director. The powers and duties of the Community Development Director under this title include, but are not limited to, the following:
1.
Maintain and administer this title, including acceptance and processing of applications, abatements and other enforcement actions;
2.
Make recommendations to the City Council, Planning Commission and Zoning Review Committee on all applications, appeals and other matters upon which the Community Development Director has the authority and the duty to act under this title;
3.
Negotiate the components and provisions of Development Agreements for recommendation to the Planning Commission and City Council;
4.
Consider and make decisions on Minor Design Review items, Zoning Clearances(Director Level), Temporary Use Permits and other Director level reviews as outlined in this title;
5.
Consider and make Director Determinations on Zoning Code interpretations and additionally permitted use interpretations of this title;
6.
Refer items to the Planning Commission where, in his or her opinion, the public interest would be better served by Planning Commission consideration;
7.
Issue administrative regulations for the submission and review of applications subject to the requirements of this title;
8.
Delegate administrative functions as deemed appropriate to members of the Planning Division staff; and
9.
Other duties and powers assigned or directed by the City Manager.
F.
Planner (Planning Division Staff). The powers and duties of the Planning Division staff under this title include, but are not limited to, the following:
1.
Consider and make decisions on Zoning Clearances (Staff Level), Business Occupancy Permits and Master Sign Plans;
2.
Review applications for ministerial permits and licenses for conformation with this title and issue a permit when the proposed use or building is allowed by-right and conforms to all applicable development and use standards and other requirements of this title;
3.
Review applications for discretionary permits and approvals to make a preliminary determination as to whether a project is subject to review under CEQA; and
4.
Other duties assigned or directed by the Community Development Director.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.10.060 - Applicant responsibilities. ¶
modified
A.
The applicant shall bear the burden of providing sufficient documents and exhibits to allow the Advisory Body, Review Authority or Appeal Body to render a decision upon the application under consideration. The Advisory Body, Review Authority or Appeal Body may request additional information before rendering a decision.
B.
It is the applicant's responsibility to certify the information contained therein. The filing of an application also grants city staff the right to enter the property to make any inspections necessary to render a decision on the application. All inspections shall be conducted with the owner's knowledge and advance notice shall be provided.
C.
For all calculations, it is the applicant's responsible to supply drawings that illustrate the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Community Development Director and Planning Division staff.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.10.070 - Review authority for planning permits and actions. ¶
modified
Table 17.10-1 lists the different permits or actions under the authority of the Planning and Building Divisions. For information on extensions, refer to the listed chapter or section:
Table 17.10-1—Planning Permits and Actions
| Permit or Action | Advisory Body | Review Authority | Appeal Body1 | Applicable Chapter or Section |
|---|---|---|---|---|
| Ministerial Actions | ||||
| Business Occupancy Permits (BOP) | — | Planning Division | Planning Commission |
Chapter 17.120 |
| Change to a Project, Minor | — | Director | — | Section17.10.130 |
| Design Review, Minor (MDR)2 | — | Director | Planning Commission |
Chapter 17.122 |
| Director's Determination (DD) |
— | Director | Planning Commission |
Throughout Title |
| Initial Plan Review (IPR) | — | Planning Division | — | Chapter 17.121 |
| Sign Permit (SP) | — | Planning Division | Planning Commission |
Chapter 17.80 |
| Modifcation for Disabilities (MD) | — | Director | Planning Commission |
Chapter 17.126 |
| Temporary Use Permit (TUP) | — | Director | City Manager | Chapter 17.124 |
| Master Sign Program (MSP) | — | Planning Division | — | Chapter 17.80 |
| Wireless, Administrative Permit (WP-A) |
— | Director | City Manager | Chapter 17.90 |
| Wireless, Section 6409 Permit (WP- S) |
— | Director | City Manager | Chapter 17.92 |
| Wireless, Temporary Permit (WP-T) | — | Director | City Manager | Section17.90.110 |
| Zoning Clearance, Director Level (ZCD) |
Director | Planning Commission |
Chapter 17.120 | |
| Zoning Clearance Staf (ZCS) | — | Planning Division | Planning Commission |
Chapter 17.120 |
| Discretionary or Quasi-Judicial Actions | ||||
| Art in Public Places (APP) | Art in Public Places Committee |
City Council | — | Chapter 15.07 |
| Change to a Project, Major | — | Original Review Authority3 |
Dependent on the Review Authority4 |
Section17.10.130 |
| Conditional Use Permit (CUP) | — | Planning Commission |
City Council | Chapter 17.123 |
| Design Review, Minor for the RHOD (MDR) |
— | Director | Planning Commission |
Chapter 17.122 |
| Design Review (DR) | — | Planning Commission |
City Council | Chapter 17.122 |
| General Plan Conformity (GPC) | Planning Commission |
City Council | — | Chapter 17.128 |
| Permit or Action | Advisory Body | Review Authority | Appeal Body1 | Applicable Chapter or Section |
| --- | --- | --- | --- | --- |
| Minor Use Permit (MUP) | — | Zoning Review Committee |
Planning Commission |
Chapter 17.123 |
| Planned Residential Development (PRD) |
— | Planning Commission |
City Council | Chapter 17.127 |
| Variance (V) | — | Planning Commission |
City Council | Chapter 17.125 |
| Variance, Minor (MV) | — | Zoning Review Committee |
Planning Commission |
Chapter 17.125 |
| Legislative Actions | ||||
| Development Agreement (DA) | Planning Commission |
City Council | — | Chapter 17.129 |
| General Plan Amendment (GP)5 | Planning Commission |
City Council | — | Chapter 17.128 |
| Special Sign District (SD) | Planning Commission |
City Council | — | Chapter 17.80 |
| Specifc Plan and Amendment (SP) | Planning Commission |
City Council | — | Chapter 17.130 |
| Zoning Map Amendment or Zone Change (ZC) |
Planning Commission |
City Council | — | Chapter 17.128 |
| Zoning Code Amendment (CA) | Planning Commission |
City Council | — | Chapter 17.128 |
1 Only the applicant shall have the authority to appeal Ministerial Actions.
2 This permit does not apply to Minor Design Review items for properties in the RHOD.
3 All items shall return to the original review authority except the Planning Commission shall review all major changes involving items that were originally authorized by the City Council, with exception to changes involving a Development Agreement, which shall be reviewed by the City Council.
4 The appeal body shall be dependent on the review authority for the major change. For example, if the review authority was the Zoning Review Committee, then the appeal shall be reviewed by the Planning Commission. If the review authority was the Planning Commission, then the appeal shall be reviewed by the City Council.
5 A General Plan Amendment can be for the text or any plan, map, table, graphic or other illustration.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.10.080 - Projects with multiple applications or actions. ¶
modified
A.
Concurrent Filing. An applicant for a project that requires the filing of more than one application (e.g., Conditional Use Permit, Subdivision Map, etc.), shall file all related applications concurrently, together with all required application fees, unless these requirements for concurrent filing are waived by the Community Development Director.
B.
Concurrent Processing. Multiple applications for the same project shall be processed concurrently and shall be reviewed and acted upon by the highest review authority for which designated by this title. For example, if a project included a Minor Design Review and Minor Use Permit, the review authority for both entitlements shall be the Zoning Review Committee. For an additional example, if a project included a Minor Design Review and a Conditional Use Permit, the review for both entitlements shall be the Planning Commission.
C.
Multiple Projects. Multiple applications for different projects on the same property shall be prohibited. For example, an application for a commercial project cannot be submitted for a property that already has an application pending for a residential project.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.10.090 - Continuing public hearings. ¶
modified
The City Council, Planning Commission or Zoning Review Committee may continue a public hearing to a date certain without additional noticing, provided the date, time and place to which the hearing will be continued is announced before adjournment or recess of the hearing. Planning Division staff or the applicant may continue a public hearing a maximum of three (3) times to a date certain without additional noticing. If a public hearing is continued a fourth time, additional noticing shall be required.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.10.100 - Ability to appeal. ¶
modified
The ability to appeal a decision by the Planning Commission, Zoning Review Committee, Community Development Director and Planning Division staff is outlined below:
A.
Appeals on Planning Commission Decisions:
1.
Decisions on appeals of Minor Design Review items for new developments or additions that result in more than one story in the Rurban Homesteads Overlay District(RHOD). If an applicant or any interested party is dissatisfied with any requirement, ruling,
finding or disapproval by the Planning Commission, he or she may file an appeal with the City Clerk to have the case reviewed by the City Council.
2.
Decisions on appeals of all other Minor Design Review Items. If an applicant is dissatisfied with any requirement, ruling, finding or disapproval by the Planning Commission, he or she may file an appeal with the City Clerk to have the case reviewed by the City Council.
3.
Decisions on appeals of all other Community Development decisions. The decision of the Planning Commission shall be final, unless otherwise noted.
4.
Decisions on denials of Amendments and specific plans that were initiated by the City Council. Two (2) members of the City Council may request, in writing to the City Clerk, the item be set for a hearing before the City Council for review. At its next regular meeting, after the filing of the appeal with the City Clerk, the City Council shall set a date for a public hearing by the City Council.
5.
All other Planning Commission decisions. If an applicant or any interested party is dissatisfied with any requirement, ruling, finding or disapproval by the Planning Commission, he or she may file an appeal with the City Clerk to have the case reviewed by the City Council, unless otherwise noted.
B.
Appeals on Zoning Review Committee Decisions. If an applicant or any interested party is dissatisfied with any requirement, ruling, finding or disapproval by the Zoning Review Committee, he or she may file an appeal with the Planning Commission Secretary to have the case reviewed by the Planning Commission.
C.
Appeals on Community Development Director and Planning Division Staff Decisions:
1.
Decisions on wireless permits (including administrative, temporary or Section 6409 permits). If an applicant is dissatisfied with any requirement, ruling, finding or disapproval by the Community Development Director, he or she may file an appeal with the City Clerk to have the case reviewed by the City Manager. The decision of the City Manager shall be final.
2.
Minor Design Review decisions in the Rurban Homesteads Overlay District (RHOD). If an applicant or any interested party is dissatisfied with any requirement, ruling, finding or disapproval by the Community Development Director, he or she may file an appeal with the Planning Commission Secretary to have the case reviewed by the Planning Commission, and ultimately the City Council.
3.
All other Community Development Director and Planning Division staff decisions. If an applicant is dissatisfied with any requirement, ruling, finding or disapproval by the Community Development Director, he or she may file an appeal with the Planning Commission Secretary to have the case reviewed by the Planning Commission, unless otherwise noted.
D.
Submittal Requirements. The appeal shall be made in writing and shall state the basis for disputing the determination. In addition, it should include any tangible evidence and/or authority supporting the appellant's position.
E.
Time Limits and Effective Date. The appeal must be submitted within ten (10) days following the date of the decision. If City Hall is closed on the tenth day, the deadline shall automatically extend to the next day City Hall is open to the public. For decisions that may be appealed by the public, the effective date of the decision shall not commence until the deadline to appeal has expired.
F.
Public Noticing. Notice shall be given in the same manner as that required for the original application. A public hearing shall also be required if one was required for the original application.
G.
Permits. An approval shall not be valid and no other permits dependent on its approval shall be issued until the appeal period has expired without the filing of an appeal. This shall not apply to approvals where only the applicant may appeal.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.10.110 - Application resubmittals. ¶
modified
When a discretionary land use permit, entitlement or amendment is denied or revoked, a new application for the same or substantially similar discretionary permit, entitlement or amendment for the same property shall not be filed for a minimum of twelve (12) months. This requirement may be waived by the Community Development Director if he or she is presented with compelling new evidence or proof of changed circumstances, or the application was denied without prejudice.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.10.120 - Inactive applications. ¶
modified
An incomplete application may be considered inactive if ninety (90) or more days have passed since the application was deemed incomplete. The Community Development Director may, at his or her discretion, send the applicant a letter stating the application will be administratively withdrawn in thirty (30) days, unless one of the following occurs: (a) the applicant resubmits the application addressing all or substantially all of the corrections noted in the incomplete letter; or (b) the applicant requests the application be withdrawn, at which point the applicant may be eligible for a partial refund. However, if neither occurs, the application shall be administratively withdrawn and the applicant shall not be eligible for a refund.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.10.130 - Changes to an approved project. ¶
modified
A.
Project Development or a New Land Use. Any entitlement granted in compliance with this title shall be established only as approved by the applicable review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this section.
B.
Request for a Change. Requests for a change to an existing entitlement shall include the following:
1.
The applicant shall request the desired changes in writing and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.
2.
The application for the changes shall be processed, and may be appealed, in compliance with the same procedures required for the original permit application.
3.
The review authority shall make the same findings required for the original approval, and an additional finding that there are changed circumstances sufficient to justify revising the original approval.
C.
Minor Change:
1.
The Community Development Director shall review and approve, conditionally approve, deny or refer to the Planning Commission an application for a Minor Change to an Approved Project, subject to all of the following requirements:
a.
Is consistent with all applicable provisions of this title;
b.
Does not involve a feature of the project that was specifically addressed in, or was a basis for findings in a Negative Declaration (ND), Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR);
c.
Does not involve a feature of the project that was specifically addressed in or was a condition of approval that was specifically considered by the applicable review authority;
d.
Does not expand the approved floor area, height or any outdoor activity area by ten (10) percent or more over the life of the project;
e.
Does not significantly revise the colors or materials of a structure and the planting plan of a landscape area;
f.
Does not include revising a Development Agreement; and
g.
Does not increase the number of residential units.
2.
The Community Development Director shall make a decision within thirty (30) days after a complete request is filed. Notice shall not be required. Decisions of the Community Development Director are appealable to the Planning Commission. The Planning Commission's decision shall be final. Refer to Section 17.10.100 of this chapter for additional information.
D.
Major Change. Changes to the project that do not comply with subsection C. above shall be considered a major change and an application for a major change to an approved project shall be submitted. All items shall return to the original review authority except that the Planning Commission shall review all major changes involving items that were originally authorized by the City Council, with exception to changes involving a Development Agreement. Notice shall be given in the same manner as what was required for the original application. A public hearing shall also be required if one was required for the original application.
nal review authority except that the Planning Commission shall review all major changes involving items that were originally authorized by the City Council, with exception to changes involving a Development Agreement. Notice shall be given in the same manner as what was required for the original application. A public hearing shall also be required if one was required for the original application.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.10.140 - Revocation of permits. ¶
modified
Any entitlement or 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.
Applicability. All entitlements and permits approved by the City Council, Planning Commission, Zoning Review Committee Community Development Director (and Public Works Director for permits issued for items in the public right-of-way) or Planning Division staff shall remain in full force and effect as long as the use, building or structure remains in operation. Any entitlement granted pursuant to this title is transferable and assignable; however, all successors in interest shall abide by all of the original conditions.
B.
Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission or Community Development Director (or Public Works Director for permits issued for items in the public right-of-way). The City Council shall act on any approval that included a Development Agreement. The Planning Commission shall act on all other items approved by the City Council. All other approvals shall be considered by the original decision maker.
C.
Notice to the Applicant. The applicant shall be given a written summary outlining the reasons for initiating revocation proceedings and a minimum ten (10) days to address all items written in the summary. If the items have not been addressed to the satisfaction
of the Community Development Director (or Public Works Director for permits issued for items in the public right-of-way), he or she may move forward with the revocation.
D.
Public Notice and Hearing. Notice to the applicant shall be provided a minimum ten (10) days prior to considering a decision. Notice to the public shall be given in the same manner as what was required for the original application. A public hearing shall also be required if one was required for the original application. The notices outlined in this subsection and subsection C. above may occur concurrently.
E.
Findings. Any entitlement or permit may be revoked if one or more of the following conditions exist:
1.
The entitlement or permit was obtained in a fraudulent manner;
2.
The use, building or structure has expanded beyond what is set forth in the permit or has changed in character;
3.
The entitlement permit is being, or has been, exercised contrary to the conditions of approval imposed upon such permit;
4.
The use in question has ceased to exist or has been suspended for twelve (12) months or more;
5.
The entitlement permit is being, or has been, exercised in violation of any federal, state, and local law; and/or
6.
The use for which the entitlement or permit was granted is being exercised so as to be detrimental to the public health or safety, or so as to constitute a nuisance.
F.
Other Decisions. In lieu of revoking the entitlement or permit, the original decision body may revise, remove and/or add conditions of approval to address items written in the summary, as well as other items of concern.
G.
Appeals. Planning Commission decisions regarding this section are appealable to the City Council. Community Development Director and Public Works Director decisions regarding this section are appealable to the Planning Commission and ultimately, the City Council. If the decision body revokes the permit and an appeal is not submitted within the specified deadline, the use shall cease operations the day the revocation becomes effective. If the decision body revokes the permit and an appeal is submitted and unsuccessful, the use the use shall cease operations the day the revocation becomes effective. Refer to Section 17.10.100 of this chapter for additional information.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.10.150 - Fees. ¶
modified
Before accepting an application for filing, the Planning Division shall collect a fee for the purpose of defraying the expenditures incidental to the proceedings prescribed in this chapter. The amount of the fees collected shall be in accordance with the most recently adopted City Council Resolution, which shall be posted on the Planning Division webpage.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)
17.10.160 - Enforcement. ¶
modified
The purpose of this section is to establish procedures to ensure that the provisions of this title and any land use entitlement granted by the city are diligently pursued to completion, and to provide effective administration of this title, in order to promote the city's planning efforts and to protect the public health, safety, general welfare and peace.
A.
Administration. The provisions of this title shall be interpreted and administered by the Community Development Department. Any decision of the Department may be appealed to the Planning Commission, and/or City Council in accordance with the provisions contained herein.
B.
Enforcement. The Community Development Department, which includes the Planning Division, Building Division and the Code Enforcement Division, along with their respective deputies, employees and subordinates, are authorized to enforce the provisions of this title. 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 not issue permits or licenses for uses, buildings or purposes in conflict with the provisions of this title. Any such permit or license issued in conflict with the provisions of this title shall be null and void.
C.
Violation or Penalty. Any person, entity or corporation violating any provision of this title or any condition imposed upon a land use entitlement, shall be guilty of a misdemeanor which shall be punishable as provided in Chapter 1.24 (General Penalty) Title 1 (General Provisions) of the EMMC.
D.
Abatement:
1.
Any building or structure erected altered, expanded or maintained, or any use of property, contrary to the provisions of this title or any condition imposed upon a land use entitlement shall be, and the same is declared to be, unlawful and a public nuisance.
2.
The City Attorney, at his or her discretion, may immediately commence actions and proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law. The City Attorney may request a court with jurisdiction to abate or remove such building, structure or use and restrain any individual, entity, company or corporation from erecting, enlarging or maintaining
such building or structure, or using any property contrary to the provisions of this title or any condition imposed upon a land use entitlement. Subsequent to the abatement of the public nuisance, a lien will be filed against the property in order to recover all costs associated with the abatement of said nuisance.
E.
Cumulative Remedies. This title may also be enforced by an injunction issued from the Superior Court upon the city suing the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way effect the penal provisions hereof.
(Ord. No. 3053, § 3(Exh. A), 5-14-2025)