Chapter 17.03 — PERMIT APPROVAL PROCEDURES

The purpose of this chapter is to define the permit application filing, processing, and approval procedures to which all development applications in the city of South El Monte are subject. This chapter shall apply to all uses, structures, facilities, and construction within the city of South El Monte which require a permit, as defined, to construct, enact, or implement. (Ord. 1271, 4/23/2024)

The following types of permits shall be applicable to all uses, structures, facilities, and construction within the city of South El Monte, as specified:

• A. Conditional Use Permit.

  1. The purpose of the conditional use permit is to afford the commission the opportunity to review proposed uses, structures, or facilities which could have an adverse effect upon the surrounding area and to place such reasonable conditions upon these uses and developments as to make them more compatible with their surroundings. These conditions may supersede the development standards required elsewhere but will not permit uses not otherwise permitted.

  2. A conditional use permit shall be required for any use within a zone district which is designated as a conditional use by the district regulations or for such other uses which, by their scope, scale, or nature, would not specifically be permitted uses within any designated zone district, but which would be recognized as uses that would be beneficial to the community as a whole.

• B. Temporary Use Permit.

  1. The purpose of the temporary use permit is to control and regulate land use activities of a temporary nature which may adversely affect the public health, safety and welfare. The intent is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and landowners, and to minimize any adverse effects on surrounding properties and the environment.

• C. Home Occupation Permit.

  1. The purpose of the home occupation permit is to permit a variety of home occupations within the residential zones while ensuring that such uses are conducted in such a way as to ensure that no adverse effects will result.

• (Ord. 1271, 4/23/2024)

All development proposals may be subject to one or more development application processing procedures contained in this chapter. The exact application processing procedures that apply to a specific project will be determined by the city planner based on project characteristics. Table 17.03.030-A outlines the primary types of development applications and review procedures. When more than one application is required for a project, the applications are to be processed concurrently with the final decision body hearing all applications.

• (Ord. 1271, 4/23/2024)

The purpose of this chapter is to authorize an administrative permit for infill housing projects, including mixed-use projects, that comply with California Government Code Section 65913.4 or the requirements of this chapter. Nothing in this chapter precludes an applicant from applying for discretionary site plan and design review. The following section outlines the steps necessary for projects seeking a State of California Ministerial Development Application.

• A. Infill housing projects Infill housing projects eligible for streamlined, ministerial approval process under Government Code Section 65913.4 .

  1. Administrative Permit. A housing project, including a mixed-use project, will be granted an administrative permit if it:

     • a. Qualifies for streamlined, ministerial approval under California Government Code Section 65913.4 .

     • b. Complies with the city's objective zoning standards and objective subdivision standards, as defined in California Government Code Section 65913.4 and set forth in this Code; and

     • c. Complies with the city's objective design review standards, as defined in California Government Code Section 65913.4 and as set forth in the Citywide Infill Housing Design Standards.

• B. Conflicting Laws. In the case of a conflict between the city's standards set forth in subsection A above and the standards set forth in California Government Code Section 65913.4 , the provisions of the California Government Code prevail.

• C. Deemed Approval. If the city does not provide written notice as required by subsection C above, the project will be deemed to satisfy the requirements specified in subsection A above and must be granted an administrative permit.

• D. The following development projects may apply through the following ministerial application, per Government Code Section 65913.4 :

Application Filing

Step 1 Prior to submitting an application for the Streamlined Ministerial Approval Process, the development proponent must submit to the local government a notice of intent to submit an application and the local government must have completed the tribal consultation process outlined in Government Code Section 65913.4(b) . The notice of intent shall be in the form of a preliminary application that includes all of the information described in Government Code Section 65941.1 . This required document is also listed below under Application Filing Step 5.

Step 2 An application submitted hereunder shall be reviewed by the agency within the timeframes required under Application Timeline below. Applications must contain all

Application Filing

materials required by the agency for the proposed project, and it is not a basis to deny the project if either:

• A. The application contains sufficient information for a reasonable person to determine whether the development is consistent, compliant, or in conformity with the requisite objective standards.

• B. The application contains all documents and other information required by the local government.

Step 3 On development permit portal, information for all contacts related to this application must be provided. Make sure the contact information is complete and current. New residential development applications require the contact information of the applicant and a licensed professional (architect).

The applicant is the person applying for approval. The applicant must supply their legal name as it will be shown on the permit. It is important that the applicant carefully and accurately communicate that information. An Authorized Agent may submit this application on behalf of the applicant. Please add contact information of the authorized agent in such case.

Property Owners may be the applicants. Property Owners, regardless of status as applicant or not, must provide the following:

• A. Completed and signed "Notice to Property Owner": If the property is owned by a Corporation, LLC, or Partnership, you will need to provide a copy of the operating agreement or corporate paperwork from when the corporation was formed, which verifies which of the following it is: CEO, Managing Member, Partner, President, Vice-President

• B. Proof of identification, including any of the following: Alien Registration Card, Driver's Licenses, State Issued ID Card, U.S. Passport

• C. Proof of ownership, if there has been a recent transfer of ownership (e.g., Grant Deed, Escrow Closing Statement). If the property is owned by a Trust, a copy of the trust paperwork showing the trustee or executor as an authorized signatory for the property.

The Licensed Professional must provide information on all of the licensed professionals who will do the proposed work, including subcontractors. If a licensed professional is the applicant, they will need to communicate their license information in this section as well. Contractors must provide the following:

• A. If licensee is different than applicant for building permit, then a notarized "Authorized Agent Form - Contractor" will be required to pull permits on behalf of the licensed contractor. This form will need to be on file with the city and onhand at time of permit issuance.

• B. Individual pulling permit must have a current Contractor's Registration License with the city of South El Monte.

• C. Proof of current State of California Contractor's License and classification (pocket card)

• D. Proof of valid Worker's Compensation Insurance (for contractors with multiple employees)

• E. Developments meeting the following conditions must certify that a skilled and trained workforce shall be used to complete the development if the application is approved per Government Code Section 65913.4(a)(8)(B)

  1. On and after January 1, 2022, until December 31, 2025, the development consists of more than 25 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal bay county.

1. A coastal zone, as defined in Division 20 (commencing with Section 30000 ) of the Public Resources Code.

2. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

3. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

4. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

5. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

• Application Filing 6. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901 ) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 .

• 7. Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

  8. Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

  9. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800 ) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

  10. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050 ) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900 ) of Division 2 of the Fish and Game Code).

  11. Lands under conservation easement. 12. Additional evidence may be required per Government Code Section 65913.4(a)(7) as related to demolition of housing.

  J. Complete set of plans that includes site development plan, floor plans, building elevations. All plans must be consistent with objective design standards as laid forth in Chapter 17.14 .

Application Processing

Although design review may occur in parallel with or as part of the consistency determination, failure to meet subjective design review standards or obtain design review approval from the oversight board shall not in any way inhibit, chill, stall, delay, or preclude a project from being approved for development pursuant to these Guidelines if objective design review standards are met. This means that discussion or consideration of the application shall only relate to design standards. If the local government fails to complete design review within the timeframes provided above, the project is deemed consistent with objective design review standards.

Application Approvals

3. The local government's review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the development's consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.

• B. For modification initiated by the local agency.

  1. Following approval of an application under the Streamlined Ministerial Approval Process, but prior to issuance of a building permit for the development, a local agency may require one-time changes to the development that are necessary to comply with the objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building

Application Approvals

• plumbing, electrical, fire, and grading codes, or to mitigate a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without modifying the development. A "specific, adverse impact" has the meaning defined in Government Code Section 65589.5(d)(2) . Any local standard adopted after submission of a development application, including locally adopted construction codes, shall not be considered an "objective zoning standard," "objective subdivision standard," or "objective design review standard" that is applicable to a development application.

• 2. A determination that a change is required is a ministerial action. If a revised application is required to address these modifications, the application shall be reviewed as a ministerial approval within 60 days of resubmittal of the application.

• Step 4 If a local government approves a development under the Streamlined Ministerial Approval Process, notwithstanding any other law, the following expiration of approval timeframes apply: A. If the project includes public investment in housing affordability, beyond tax credits, where 50% of the units are affordable to households making at or below 80% of the AMI, then that approval shall not expire.

• B. If the project does not include public investment in housing affordability (including local, state, or federal government assistance) beyond tax credits, and at least 50% of the units are not affordable to households making at or below 80% of the AMI, that approval shall remain valid for 3 years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided that vertical construction of the development has begun and is in progress. "In progress" means one of the following:

  1. The construction has begun and has not ceased for more than 180 days.

2. If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.

• C. The development may receive a one-time, 1-year extension if the project proponent provides documentation that there has been significant progress towards getting the development construction ready, such as filing a building permit application. The local government's action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and processes set forth in this section.

• Step 5 A local government shall issue subsequent permits as defined in Section 102(aa) required for a development approved under the Streamlined Ministerial Approval Process if the application for those permits substantially complies with the development as it was approved. Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved using the Streamlined Ministerial Approval Process. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this subsection "unreasonable delay" means permit processing times that are longer than other similar permit requests for projects not approved using the Streamlined Ministerial Approval Process.

rial Approval Process. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this subsection "unreasonable delay" means permit processing times that are longer than other similar permit requests for projects not approved using the Streamlined Ministerial Approval Process.

1. The construction has begun and has not ceased for more than 180 days.

   2. If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.

• C. The development may receive a one-time, 1-year extension if the project proponent provides documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application. The local government's action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and processes set forth in this section.

(Ord. 1271, 4/23/2024)

Application Filing

Step 1 On the development permit portal, information for all contacts related to this application must be provided. The applicant is the person applying for approval. The applicant must supply their legal name as it will be shown on the permit. It is important that the applicant carefully and accurately communicate that information. Make sure the contact information is complete and current. New residential development applications require the contact information of the applicant and a licensed professional (architect). An authorized agent may submit this application on behalf of the applicant. Please add contact information of the authorized agent in such case.

Property owners may be the applicants. Property owners, regardless of status as applicant or not, must provide the following:

• A. Completed and signed "Notice to Property Owner": For condominiums and townhouses, if the project is in the common area or exterior of a condominium building, a letter of authorization signed by the Homeowners Association (HOA) president is required along with documentation (e.g., HOA minutes) verifying the authenticity of the president's position with the HOA. Alternatively, authorization from all condominium owners may be considered. If the property is owned by a Corporation, LLC, or Partnership, you will need to provide a copy of the operating agreement or corporate paperwork from when the corporation was formed, which verifies which of the following it is CEO, Managing Member, Partner, President, Vice-President.

• B. Proof of identification, including any of the following: Alien Registration Card, Driver's Licenses, State Issued ID Card, U.S. Passport.

• C. Proof of ownership, if there has been a recent transfer of ownership (e.g., Grant Deed, Escrow Closing Statement). If the property is owned by a trust, a copy of the trust paperwork showing the trustee or executor as an authorized signatory for the property. The licensed professional must provide information on all of the licensed professionals who will do the proposed work, including subcontractors. If a licensed professional is the applicant, they will need to communicate their license information in this section as well. Contractors must provide the following:

• D. If licensee is different than applicant for building permit, then a notarized "Authorized Agent Form - Contractor" will be required to pull permits on behalf of the licensed contractor. This form will need to be on file with the city and onhand at time of permit issuance.

• E. Individual pulling permit must have a current contractor's registration License with the city of South El Monte.

• F. Proof of current state of California Contractor's License and classification (pocket card).

• G. Proof of valid worker's compensation insurance (for contractors with multiple employees).

• Step 2 Applicant must identify the physical address where the proposed work will take place. By entering the "Street No." below, and clicking the "Search" button, the portal will return a list of addresses to choose from. The portal will automatically return the "Parcel" and "Owner" information that is required once the street information is entered.

• Step 3 The following supporting documentation will need to be provided in order for a residential development application to be deemed complete:

  • A. Notarized letter from the property owner giving the applicant authority to apply for the entitlement.

• Application Filing B. Complete set of plans that includes site development plan, floor plans, building elevations.

• C. Radius map showing all properties within 300 feet of the subject property. D. Two sets of mailing labels that list all property owners and occupants within 300 feet of proposed project (physical copy dropped off or mailed to Planning Department).

• E. Completed Environmental Information Form - find link to the form below: F. (https://www.cityofsouthelmonte.org/DocumentCenter/View/2256/Environmen‐ tal-InformationForm-PDF).

• G. Photographs of the existing site. H. Title report or grant deed. The following supporting document will need to be provided in addition to the above list if the development will involve a Conditional Use Permit: I. Conceptual landscape plan including all plant material existing and proposed for the site.

• J. Colored elevations or renderings. K. Color and materials sample sheet. L. Sign program.

Application Timelines

(Ord. 1271, 4/23/2024)

Application Processing Step 1 Upon receipt of the required application and fee, the commission shall set a hearing date which shall be advertised as provided in Section 17.03.130 of these regulations.

(Ord. 1271, 4/23/2024)

Application Approvals

• C. Approval of the application will not be detrimental to the public health, safety or general welfare.

• D. The proposed temporary use complies with the various provisions of this chapter.

• E. All building, electric, plumbing, fire, encroachment or other permits required by city ordinances shall be obtained.

• A. Unless otherwise indicated in this chapter, the provisions of this chapter do not apply to the following: fireworks stands; garage and yard sales; outdoor storage and operation; outdoor markets; swap meets; or public dances. Regulations pertaining to the following uses can be found in the following portions of this Code:

  1. Fireworks Stands: Chapter 8.08 .

  2. Garage and Yard Sales: Chapter 5.10 .

  3. Outdoor Storage and Operations: Section 17.06.090 .

  4. Outdoor Markets: Section 17.09.020 .

  5. Public Dances: Chapter 9.40 .

• (Ord. 1271, 4/23/2024)

• A. The home occupation permit may be terminated for any of the following reasons:

  1. Violations of any of the conditions as spelled out in this section.

  2. Failure to execute the annual affidavit; or

  3. If the permittee vacates the premises or ceases the home occupation for a period of ninety days.

• B. If the home occupation permit is terminated for any of the reasons cited in Section 17.03.080 , and the permittee feels that the decision to terminate was incorrect, he or she may appeal the action to the planning commission in writing, outlining the reasons that he or she feels that the action of the director of community development was incorrect or arbitrary and including any extenuating circumstances he or she feels are appropriate.

• (Ord. 1271, 4/23/2024)

A site plan shall be submitted to the planning commission/community development department for all uses permitted by Sections 17.05.020 . The site plan shall be submitted in sufficient detail to assure compliance with the intent and purpose of this part. The site plan shall include, but not be limited to, location and design of buildings and other structures, off-street parking, circulation, landscaping, location of refuse enclosures and location and design of recreation areas. Included with the site plan shall be colored renderings of the elevations of the proposed buildings and examples of materials to be used on the exterior of the structures. The applicant for site plan review by the planning commission shall submit such application on forms prescribed by the planning commission and shall be accompanied by such fees as prescribed by written resolution of the city council. For other uses permitted by Section 17.05.020 , plans shall be submitted to the department of planning and community development for review to ensure compliance with the Zoning Code and with the intent and purpose of these regulations.

(Ord. 1271, 4/23/2024)

• A. Designation of Flood Hazard Area. The city council of the city shall have the authority to designate areas within the city when flood hazard information in the form of flood hazard boundary maps are provided by the federal or state government.

• B. Permit—Required. No person, firm or corporation shall erect, construct, enlarge, or improve any building or structure located within the areas designated as Zone A on the official flood hazard boundary map without first obtaining a conditional use permit from the planning commission.

• C. Permit—Application. To request a conditional use permit required by Section 17.03.100(B) , the applicant shall first file an application in writing on forms provided for that purpose. Such forms shall be accompanied by twelve copies of a plot plan, drawn to a scale of not less than one foot equals twenty feet, and by a fee as established by written resolution of the city council. Every application shall:

  1. Identify and describe the work to be covered by the permit for which the application is made;

  2. Describe the land on which the proposed work is to be done by lot, block, tract and street address or similar description that will readily identify and definitely locate the proposed project;

  3. Indicate the use or occupancy for which the proposed work is intended;

  4. Be accompanied by plans and specifications for the proposed construction;

  5. Be signed by the permittee or authorized agent who may be required to submit evidence to indicate such authority;

  6. Within designated flood prone areas, be accompanied by elevations (in relation to mean sea level) of the lowest habitable floor (including basement) or in the case of floodproofed nonresidential structures, the elevation to which it has been floodproofed. Documentation or certification of such elevations will be maintained by the community development department;

  7. Provide such other information as reasonably may be required by the planning commission.

• D. Conditional Use Permit—Review. The planning commission shall review all conditional use permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law. In reviewing applications for new construction, substantial improvements, prefabricated buildings, placement of mobile homes and other developments the commission shall:

  1. Obtain review and reasonably utilize, if available, any regulatory flood elevation data from federal, state or other sources, until such data is provided by the Federal Flood Insurance Administration in a Flood Insurance Study; and require within areas designated as Zone A on the official map that the following performance standards be met:

     • a. The first floor elevation (to include basement) of new residential structures, to be elevated to or above the regulatory flood elevation.

     • b. The first floor elevation (to include basement of nonresidential structures) to be elevated or floodproofed to or above the regulatory flood elevation.

2. Require the use of construction materials and utility equipment that are resistant to flood damage.

   3. Require the use of construction methods and practices that will minimize flood damage.

   4. Be designated or anchored to prevent flotation, collapse, or lateral movement of the structures or portions of the structure due to flooding.

   5. Assure that in regard to mobile homes, specific anchoring requirements are:

      • a. Over-the-top ties to be provided at each of the four corners of the mobile home with two additional ties per side at the intermediate locations and mobile homes less than fifty feet long requiring one additional tie per side.

      • b. Frame ties to be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than fifty feet long requiring four additional ties per side.

      • c. All components of the anchoring system be capable of carrying a force of four thousand eight hundred pounds.

      • d. Any additions to mobile homes to be similarly anchored.

• E. Review of tentative subdivision map:

  1. The planning commission shall review all tentative subdivision maps and shall make findings of fact and assure that:

     • a. All such proposed developments are consistent with the need to minimize flood damage;

     • b. Subdivision proposals and other proposed new developments greater than five acres or fifty lots, whichever is lesser, include within such proposals regulatory flood elevation data in areas designated Zone A;

     • c. Adequate drainage is provided so as to reduce exposure to flood hazards;

     • d. All public utilities and facilities are located so as to minimize or eliminate flood damage.

• F. New Water and Sewers. New and replacement water and sewer systems shall be constructed to eliminate or minimize infiltration by or discharge into floodwaters. Moreover, on-site waste disposal systems will be designed to avoid impairment or contamination during flooding.

• G. Flood-Carrying Capacity. The planning commission shall ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. The city will notify, in

riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the administrator. Moreover, the city will work with appropriate state and federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Flood Disaster Protection Act of 1973.

• H. Applicability. This chapter shall take precedence over conflicting ordinances or parts of ordinances. The city council may, from time to time, amend the ordinance codified in this chapter to reflect any and all changes in the National Flood Disaster Protection Act of 1973. The regulations of this chapter are in compliance with the National Flood Insurance Program Regulations as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976.

(Ord. 1271, 4/23/2024)

A building permit may not be issued unless and until the director of planning and community development, or his or her representative, certifies on such site plan that it complies with the conditions imposed by the planning commission and that it is consistent with the intent of each residential zone (R-1, R-2 and R-3).

(Ord. 1271, 4/23/2024)

Application Filing Step 1 Application shall be submitted to the director of community development, or designee, on forms prescribed by the city and accompanied by the required fees established by the city council. Prior to the accepting the application, the director or designee, may require that 1 or more meetings be held with the project proponent and/or representatives.

The application shall be accompanied by a site plan of the entire property on which any development is proposed. The site plan shall show the size and location of each existing and proposed structure as well as the size and location of any existing structures to be removed or relocated. The site plan shall also show all off-street parking, vehicular traffic and pedestrian circulation, landscaping, refuse enclosures, mechanical equipment, easements, drainage structures (existing and proposed) and other information deemed necessary by the director of community development, or designee, or by the planning commission.

The application shall also be accompanied by elevation drawings of each proposed new structure and any existing structure proposed to remain on the site. The elevation drawings shall also show any other information deemed necessary by the director of community development, or designee, or by the planning commission. One copy of the elevation plans shall show the proposed colors and finish material for all proposed new structures and those structures which are proposed to remain.

Application Processing

Conditions of New The planning commission shall consider the development proposal only at a Improvements public hearing pursuant to the provisions of Section 17.03.130 . After considering all the evidence presented at a public hearing, the planning commission shall render its decision(s) by a written resolution. In reaching any decision the planning commission shall consider the following criteria;

Application Processing

• A. Compatibility with the city's General Plan, the improvement plan for the area, and the surrounding uses, both existing and planned;

• B. Compatibility of architecture and design with existing and anticipated development in the vicinity, and/or with adopted design guidelines including the aspects of site planning, land coverage, landscaping, appearance and scale of structures and open space, and other features relative to harmonious and attractive development of the area.

• C. The planning commission shall approve, approve with conditions, or disapprove the application. In all cases appropriate findings shall be made for any decision.

• D. Any person aggrieved by a decision of the planning commission may appeal that decision to the city council pursuant to the provisions of Section 17.03.130 of this Code.

Subsequent to any decision of the planning commission taken pursuant to this chapter, the city council, or any member(s) of the city council, may, within 14 calendar days from the effective date of that decision, call that decision for review by the city council. Said review shall be held at a duly noticed public hearing pursuant to the provisions of Chapter 17.03.130. Upon completion of the review, the city council may affirm, rescind or modify the decision of the planning commission.

• Existing Exemption of existing improvements: approval under this chapter shall not Improvements result in requirements to alter or improve any existing improvements, unless: A. Such existing improvements are to be altered in connection with, or are directly affected by, the proposed construction, grading or remodeling; or

  • B. The value of the proposed construction, alteration, remodeling or other improvements being made exceeds 50% of the value of existing improvements.

Application Approvals

• Step 1 - Condition A site plan and architectural review, in addition to any other permits and for Approval entitlements to use, shall be required for any use, or development of, property located within an improvement project area in the city which involves any of the following:

Application Approvals

• A. Failure to Commence Construction. A construction permit, if required for work authorized in the approved site plan, is not obtained from the building official within 1 year from the date of approval by the improvement district board. Work authorized by the construction permit shall commence within 180 days from the date of issuance of said permit and such work shall not be suspended or abandoned at any time after commencement for a period of 180 days or more;

• B. Condition of Permit Approval. Circumstances which terminate the permit pursuant to any termination provisions included as a condition of the site plan approval;

• C. Automatically Permitted Development. Upon a change of zoning classification or of ordinance provisions which automatically permits the development. Each nonconformity, if any, existing at the time of expiration of the site plan approval shall be brought into conformance pursuant to Chapter 17.03 .

• D. Ineligible Use. Upon a change of zone or of ordinance provisions which provides that the use is no longer eligible for site plan approval. Termination of such use and each nonconformity thereof shall be in accordance with this chapter.

• E. If none of the above circumstances transpires, the site plan approval shall remain in effect indefinitely.

Application Timelines

(Ord. 1271, 4/23/2024)

• Timelines 10-60 days after filing of Timeline in which a public hearing must be set. When an application requiring a public application requiring a public hearing has been filed, the matter hearing shall be set for public hearing before the planning commission. 10 days prior to date of hearing Notice of a scheduled public hearing shall be prepared not less than 10 days prior to the date set for the hearing. As a minimum the notice shall include: The matter under consideration; The date, time, place and body before which the hearing will be held; An invitation to proponents and opponents to give testimony on the matter under consideration.

• 10 days prior to date of hearing Except for text amendments, a copy of the notice of public hearing shall be sent to all owners of property located within a radius of 300 ft of the exterior boundaries of the property to which the public hearing applies. The list of property owners shall be taken from the latest assessment roll of Los Angeles County. This notice shall be mailed not later than 10 days prior to the date of the public hearing.

• No later than 10 days after date A. Timeline in which any person may appeal any decision of of decision the planning commission to the city council by filing a written appeal with the city clerk; provided, however, that if City Hall is not open for business on the 10th day of the appeal period, the appeal period is extended to include the next business day.

• B. Timeline in which any 2 members of the city council may call any decision of the commission for review by the city council by filing a written review request with the city clerk. The request shall state: "The request for review has been filed because the subject matter of the decision pertains to a matter of city-wide importance that should be considered by the city's elected officials."

• A. Conduct of the Public Hearing. All public hearings shall be conducted in accordance with the rules and procedures established by the city council or planning commission for such hearings.

• B. Announcement of Commission Decision. All decisions of the commission in matters requiring a public hearing shall be announced by written resolution adopted by a majority of the members of the commission present.

• C. Required Information—Appeal. The written appeal, filed with the city clerk, must indicate in what way the appellant feels the planning commission’s decision was incorrect or must provide extenuating circumstances which the appellant feels would justify reversal or modification of the commission’s decision.

• (Ord. 1271, 4/23/2024)

• A. Title and Purpose. The provisions of this chapter shall be known as the "Historic and Aesthetic Resources Management Ordinance" of the city or by the short title of the "Historical Ordinance." It is the purpose of this chapter to provide special conditions and regulations for the protection, enhancement, perpetuation and use of places, buildings, structures, works of art, and other objects, having a special character or special historical or aesthetic interest or value, within the meaning of California Government Code Section 37361 .

• B. Cultural Resources Management Commission.

  1. There is established in the city a cultural resources management commission ("commission") empowered to designate, oversee, protect and manage the landmarks and historical districts of the city.

  2. The planning commission is designated to sit as the commission and is empowered with all power and authority to perform all of the duties hereinafter enumerated and provided with respect to landmarks and historical districts.

  3. The commission shall, when necessary, consider the opinions of professionals in the field of cultural resources and historic preservation, published documents, newspaper accounts, and environmental documents relating to the resource under consideration, as well as the member of preservation related organizations such as historical societies, museums, heritage groups and civic clubs, as well as members of professional bodies such as licensed architects, attorneys, and urban planners. Also to be considered are the interests, opinions and views of the affected property owners and residents in deliberations concerning cultural resources of the city.

  4. The term of the members of the commission shall run concurrently with their respective terms as appointed members of the planning commission.

  5. The commission shall adopt its own policies, procedures, operating rules, and bylaws, subject to approval by the city council.

• C. Commission Powers and Duties. The powers and duties of the commission are as follows:

  1. Prepare or cause to be prepared a comprehensive inventory of potential landmarks and historical districts within the city;

  2. Recommend to city council designation of specific sites as landmarks and historical districts within the city;

  3. Review and comment upon the conduct of land use, housing and redevelopment, municipal improvement, and other types of planning programs undertaken by any agency of the city, the county, or state, as they relate to the cultural resources of the community;

  4. Review application for permits to construct, change alter, modify, remodel, remove, or significantly affect any landmark or historical district;

  5. Review and comment upon all applications for permits, environmental assessments, environmental impact reports, environmental impact statements, and other similar documents as they affect landmarks or historical districts;

  6. Approve or disapprove, in whole or in part, applications for permits pursuant to this section;

7. Make recommendations to the council concerning the acquisition of development right, façade easements, and the imposition of other restrictions and the negotiation of historical property contracts for the purpose of historic preservation;

   8. Recommend acceptance of dedications of private property for purposes of public areas, maintenance, landmark designation, historic easements, or any other easement or dedication, pursuant to preservation and maintenance of the city's cultural resources;

   9. Increase public awareness of the value of historic, architectural and cultural preservation by developing and participating in public information programs and by recommending the update of the preservation program;

   10. Make recommendations to the council concerning the utilization of grants from federal and state agencies, private groups and individuals and the utilization of budgetary appropriations to promote the preservation of historic or architecturally significant structures in the city;

   11. Evaluate and comment upon decisions by other public agencies affecting the physical development and land use patterns in designated sites and areas;

   12. Cooperate with local, county, state and federal governments in the pursuit of the objectives of historic preservation;

   13. Keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be

public records;

14. Render advice and guidance, upon the request of the property owner or occupant, on the restoration, alteration, decoration, landscaping or maintenance of any landmark or historic district, or neighboring property within public view;

15. Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to cultural resources;

16. Perform any other functions that may be designated by resolution or motion of the city council;

17. To perform all functions, powers and authorities to achieve the goals and purpose stated in Subsection A in this section.

• D. Design Criteria. For the purpose of this chapter, an improvement may be designated a landmark by the city council, and any area within the city may be designated an historic district by the city as hereinafter provided if it meets the following criteria:

  1. It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering, or architectural history; or

  2. It is identified with persons or events significant in local, state, or national history; or

  3. It embodies distinctive aesthetic characteristics of a style, type, period, or method of construction, or is a valuable aesthetic example of the use of indigenous materials or craftsmanship; or

  4. It is representative of the notable aesthetic work of a builder, designer or architect.

• E. Designation Procedures. Landmarks and historic districts shall be designated by the city council in the following manner:

1. Any person may request the designation of a landmark or the designation of an historic district by submitting an application for such designation to the commission. The commission or city council may also initiate such proceedings on their own motion.

   2. The commission shall conduct a study of the proposed designation and make a preliminary determination based on such documentation as it may require, as to its appropriateness for consideration. If the commission determines that the application merits consideration, but only if it so determines, it shall schedule a public hearing with due speed and so notify the applicant (if any) in writing.

   3. No building, alteration, demolition or removal permits for any improvement, building or structure within the proposed historic district or relative to a proposed landmark shall be issued while the public hearing or any appeal related thereto is pending.

   4. In the case of a proposed landmark, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicants, owners, and occupants of the landmark at least ten days prior to the date of the public hearing, using the names and addresses of such owners as shown on the latest equalized assessment rolls, and shall be advertised once in a newspaper of general circulation.

   5. In the case of a proposed historic district, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicant, owners and occupants of all properties within the proposed district at least ten days prior to the date of the public hearing, using the names and addresses of such owners as shown on the latest equalized assessment rolls, and shall be advertised once in a newspaper of general circulation.

   6. At the conclusion of the public hearing, but in no event later than thirty days from the date set for the initial public hearing for the designation of a proposed landmark or historic

district, the commission shall recommend to the city council approval in whole or in part, or disapproval in whole or in part of the application in writing.

7. The city council, within thirty days of receipt of the recommendations from the commission, shall by resolution approve or conditionally approve the application in whole or in part, or shall by motion disapprove it in its entirety.

8. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The commission and council may also give such other notice as they may deem desirable and practicable.

9. Any determination of the commission pursuant to this chapter shall be subject to appeal to the city council pursuant to the provisions of Section 17.03.130 .

• F. Permits.

Application Filing and Required Documents

• Step 1 Prior to the submission of an application for a building or other permit involving any designated or potential cultural or historic district under consideration by the commission or the council, the proposal must first be reviewed and cleared by the planning division to ensure compliance with this chapter and with other provisions of this title.

Application Approval and Disapproval

Application Approval and Disapproval

make a written finding to that effect, and shall specify the facts and reasons relied upon in making such a finding.

Application Timeline

Within 30 days of the date Timeline in which commission shall complete its review and make of receipt of the application a decision on application.

• G. Maintenance and Repair.

  1. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material or external appearance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such feature when the building officer certifies to the commission that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code.

rial or external appearance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such feature when the building officer certifies to the commission that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code.

2. The owner, occupant or other person in actual charge of a designated landmark, or an improvement, building or structure in an historic district shall keep in good repair all of the exterior portions of such improvement, building or structure, all of the interior portions thereof when subject to control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.

3. It shall be the duty of the department of community development and the building official to enforce this section. Where the owner of a designated landmark has been ordered by the city to make necessary repairs, but has failed to do so, the city may make improvements necessary for the maintenance of the landmark and charge the cost of those repairs to the owner as a lien upon his or her property.

• H. Local, State and Federal Law. Nothing in this chapter shall be construed to mitigate the effect of any local, state, or federal codes, or law applicable to the designated landmark or historic district. However, where the preservation and maintenance of a designated landmark or historic district is in direct conflict with the provisions of this title, or this Code, the public interest will be considered best served through preemption of conflicting sections of these codes, by this chapter. All other provisions of this Code not in direct conflict with preservation of the designated landmark or historic district will not be abrogated by this chapter.

• I. Enforcement and Penalties.

  1. Methods of Enforcement. In addition to the regulations of this chapter, provisions of this Code and other provisions of law which govern the approval or disapproval of applications for permits or licenses covered by this chapter, the department of community development and/or the building officer shall have the authority to implement the enforcement hereof by any of the following means:

     • a. Serving notice requiring the removal of any violation of this chapter, upon the owner, agent, occupant or tenant of the improvement, building, structure or land;

     • b. Calling upon the city attorney to institute any necessary legal proceedings to enforce the provisions of this chapter, and the city attorney is authorized to institute any action to that end;

     • c. Calling upon the Los Angeles County sheriff and authorized agents to assist in the enforcement of this chapter.

  2. In addition to any of the foregoing remedies, the city attorney may maintain an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this chapter, or for an injunction in appropriate cases.

3. Any owner, landlord, or tenant of any designated landmark, or any landmark under consideration for designation by the commission, who tears down, demolishes, alters, removes, or relocates the landmark, or portion thereof, shall replace and restore the landmark to its original condition at his or her own expense, including all additional expenses incurred by the city in enforcing this provision.

4. Penalties. Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding one thousand dollars, or be imprisoned for a period not exceeding six months, or be so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. 1271, 4/23/2024)

• A. General. Whenever the public necessity, convenience or general welfare will be benefitted, the city council may amend the regulations herein, adjust the boundaries of zone districts, or reclassify properties. Insofar as possible, amendments should be in agreement with officially adopted city policies and plans, and shall be consistent with General Plan.

• B. City Policies and Plans Review. In the event a proposed amendment is inconsistent with current city policies and plans, review by the planning commission of such proposed amendment and of current city policies and plans shall be coordinated so that the city council will be able to consider in one proceeding any recommended amendments to city policies and plans necessary to retain consistency by reason of such amendment.

• C. Consistency with Hazardous Waste Management Plan. Any decision on a proposed zoning amendment shall be consistent with the portions of the county of Los Angeles hazardous waste management plan as approved November 30, 1989, relating to siting of and siting criteria for hazardous waste facilities.

• D. Initiation of amendments:

  1. Text Amendments. Text amendments may be initiated by a motion of the city council or the planning commission or by the director of planning development.

  2. Property Rezoning. Property rezoning may be initiated by a motion of the city council or the planning commission, by the director of community development, or by an application signed by the owner(s) of all property affected. The application must be on forms prescribed by the planning commission and must be submitted to the community development department. Unless an application is made by a public agency or duly constituted governmental body, it must be accompanied by a fee established by written resolution of the city council.

  3. Property Pre-Zoning. An unincorporated area may be pre-zoned to determine the zoning that will apply in the event of subsequent annexation to the city. Procedures for initiation are the same as for property rezoning.

  4. Property Interim Zoning. Properties not pre-zoned upon annexation must be interimly zoned. The planning commission must consider permanent (precise) zoning thereafter at its earliest convenience.

• E. Planning Commissions Procedure:

  1. Public Hearing. The planning commission shall hold at least one public hearing on all text amendments and property rezoning proposals. No public hearing shall be required for interim zoning proposals.

  2. Public Notice. Notice of public hearing shall be made in accordance with Section 17.03.130 .

  3. Options. The planning commission may disapprove, continue to a later meeting, or recommend approval of a text amendment or property rezoning to the city council. Recommendations for approval shall be based on the following findings.

     • a. Substantial proof exists that the proposed change will promote the public health, safety, convenience and general welfare of the citizens of the city; and

• b. The proposed change is in conformance with the purpose of this chapter and with all applicable, officially adopted policies and plans; and

  - c. Streets and public facilities existing or proposed are adequate to serve all uses permitted when the property is reclassified; and 
  
  - d. All uses permitted when the property is reclassified will be compatible with present and potential future uses, and further, existing regulations applying to the property in question. 
  

  4. Appeal. The applicant, or any other interested party, may appeal the decision of the planning commission to the city council in accordance with provisions of Section 17.03.130 .

• F. City council procedure:

  1. Public Hearing. The city council must hold at least one public hearing on each planning commission recommendation to amend the text of this title or to reclassify property. No public hearing shall be required for interim zoning.

  2. Public Notice. Notice of public hearing shall be made in accordance with Section 17.03.130 .

  3. Options. Text amendments and zoning decision of the planning commission may be modified, approved, disapproved, continued to a later meeting or returned to the planning commission for further study and recommendations. The council's decision must be based on the required findings contained in Section 17.03.150(E) .

  4. Effective Date. The city council's decision to approve a text amendment or rezoning shall become effective thirty days from the date of adoption of the ordinance approving the change. All other decisions shall become effective fourteen days after approval.

  5. Pre-Zoning Time Limit. If, within one year of official city council approval of a pre-zoning the subject area has not yet been annexed to the city, the approval may be subject to reconsideration by the planning commission and city council.

• G. Expanded Area of Considerations. When in the opinion of the director of community development, or upon direction of the planning commission or city council, it is determined that an area subject to reclassification consideration should be expanded or contracted to fulfill the findings specified in Section 17.03.150(E) , the procedure required for approval is the same as specified for the commission and council in Sections 17.03.150(E) and 17.03.150(F) . Said expansion may be initiated by the director of community development, planning commission or the city council. Final reclassification may include all, a portion, or none of the expanded or contracted area.

• H. Reapplication. Reclassification shall not be reconsidered within one year from the date of the last official action taken unless the submittal is first approved by the planning commission or city council.

• I. Reclassification—Conditions Attached or Attachable. Conditions of approval for reclassification shall not be cited in ordinances of reclassification. Whenever prerequisite conditions are deemed necessary, ordinances of reclassification shall not be finally acted upon until provisions for compliance have been made.

• (Ord. 1271, 4/23/2024)

• A. Purpose. Variances from the terms of the zoning regulations shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the provisions of these regulations deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification.

• B. Conditions. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated.

• C. Variance Prohibited. A variance shall not be granted which authorizes a use or activity which is not otherwise expressly authorized by the regulations which govern the zone district in which the parcel or property is located.

• D. Required Findings. No variance shall be granted by the commission unless it finds:

  1. That the strict application of the zoning regulations would result in practical difficulties or unnecessary hardships, not of the applicant's making.

  2. That there are exceptional circumstances or conditions applicable to the property involved that do not apply to other property in the vicinity and in the identical zone.

  3. The approval of the variance will not result in a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the identical zone.

  4. That the granting of the variance will not be in conflict with the General Plan or with any approved specific plan or neighborhood plan.

• E. Consistency with Hazardous Waste Management Plan. Any decision on an application for a variance shall be consistent with the portions of the county of Los Angeles hazardous waste management plan as approved November 30, 1989, relating to siting of and siting criteria for hazardous waste facilities.

• F. Application and Fee. Application for variances shall be filed with the commission upon forms and accompanied by such data as may be prescribed by the commission, so as to assure the fullest practical presentation of the facts for the public record. The filing fees for variances shall be established by written resolution of the city council and no part of such fee is refundable unless the application is withdrawn prior to publication of the notice of public hearing. No fee shall be required of any recognized civic or governmental organization.

• G. Public Hearing. Upon the filing of an application for a variance from the provisions of these regulations, the commission shall set a date for a public hearing before the commission on the matters contained in the application.

• H. Commission Action. If, from the facts presented with the application at the public hearing, or by investigation by, or at the direction of the commission, the commission makes the findings set forth in Section 17.03.140(D) above, the commission may grant the requested variance, in whole or in part, upon such terms and conditions as it may deem necessary to conform with the general intent and purpose of these regulations. If the commission fails to make the required

findings, the application shall be denied. Each decision by the commission, authorizing a variance from the regulations established by this title shall be by written resolution adopted by a majority of its membership, setting forth the required findings.

• I. Conditions of Approval. The commission may attach such reasonable conditions to the approval as it deems necessary to ensure that the proposed use will be compatible with the surrounding area and with the goals of the city and that the variance will not constitute a grant of special privilege. All conditions shall be binding upon the applicants, their successors, and assigns, and shall run with the land; shall limit and control the issuance and validity of certificates of occupancy, and shall restrict and limit the construction, location, use and maintenance of all land and structures within the parcel, lot or development.

• J. Expiration. If the variance is not utilized within the twenty-four-month timeframe, the applicant may apply for an extension before the expiration of the permit on a form approved by the community development director.

• K. Notice of Decision. Not later than ten days following the commission's decision to grant or deny the variance, the applicant shall be notified in writing of the commission's decision.

• L. Effective Date and Appeal. No variance authorized or granted by the commission shall become effective until after an elapsed period of fourteen days from the date the determination is made, during which time a written appeal from the decision may be taken to the council by the applicant or any person aggrieved or affected by such determination. (Any appeal of a decision, by the commission, must be made in accordance with the provisions of Section 17.03.110 of these regulations.)

• M. Continuation of Existing Variances. Variances granted by the commission prior to the effective date of the adoption of these regulations or of any amendment thereto may be continued provided all conditions of such variances continue to be met.

• (Ord. 1271, 4/23/2024)

• A. Intent and Purpose. The purpose of the provisions of this chapter shall be to provide for the regulation and eventual elimination of uses and structures not in compliance with the requirements of the zone in which they are located. It is hereby declared that the nonconforming use of land and structures is detrimental to the orderly development of the city and is detrimental to the public health, safety, convenience and general welfare of persons and property within the city. It is further declared that it is the policy of the city that such nonconforming uses shall be eliminated as rapidly as may be done without infringing upon the constitutional rights of the property owners of such nonconforming uses. The continuation of nonconforming uses as provided in this chapter is intended to prevent economic hardship and to allow the useful economic value of structures to be consumed or realized within the specified time periods. Nonconforming uses are declared to be illegal and prohibited after the termination dates set forth in this chapter.

• B. Existing Uses. Any existing use or structure which does not conform to the regulations of this title or to any subsequent amendments thereto, but which was in conformance with all ordinances and laws, or which was a legal use on the effective date of Ordinance No. 182, or of any subsequent amendment thereto, shall be classified as nonconforming. A nonconforming building or structure, or a nonconforming portion of a building shall be deemed to constitute a nonconforming use of the land upon which it is located. However, only that portion of the property actually utilized for the nonconforming use shall be considered nonconforming. Any legally existing use or structure existing on the effective date of these regulations, or of any subsequent amendment thereto, which is now listed as a conditional use in the zone district in which it is located shall be classified as a nonconforming use and shall so remain until a

conditional use permit has been granted by the planning commission in accordance with the provisions of these regulations.

• C. Continuation. A lawfully existing nonconforming use or structure may continue to be utilized for a specific length of time as set forth in Section 17.03.170(J) , provided there is no structural alteration, increase or enlargement of area, space or volume occupied or devoted to such use, except as otherwise permitted by these regulations.

• D. Repairs, Alterations, Additions and Construction. Such repairs and maintenance work that may be required to keep nonconforming building or structures in a safe and sound condition may be made. However, structural alteration of nonresidential building which would require a building permit shall be limited to those necessary to restore the structure to a safe condition. The allowable extent of alterations shall be limited as provided in these regulations. No repair or alterations made to any nonconforming structure or use shall be construed as authorizing an extension of any time limit for the termination of nonconformity.

nresidential building which would require a building permit shall be limited to those necessary to restore the structure to a safe condition. The allowable extent of alterations shall be limited as provided in these regulations. No repair or alterations made to any nonconforming structure or use shall be construed as authorizing an extension of any time limit for the termination of nonconformity.

1. Additions, alterations or reconstruction shall be allowed only for the purpose of relieving overcrowded conditions or to provide adequate living space for the family living on the premises, and only where it can be shown that they would not adversely affect the subject property or the surrounding area, and any such additions, alterations or reconstruction shall require approval of the city. Such additions, alterations or reconstruction shall not be allowed for the purpose of gaining additional rent or revenue. The director of community development is authorized to approve additions and alterations to nonconforming residential structures within the city, where the addition or alteration does not increase the nonconformity.

2. Additions and alterations to nonconforming commercial or industrial uses may be authorized only by a conditional use permit granted in accordance with the provisions of this title. The planning commission must make the following findings in order to grant the conditional use permit:

   • a. Proposed additions or alterations are needed to relieve overcrowded conditions and to modernize an existing use to the extent that it can successfully operate. Such additions or alterations may not be used for the establishment of a new enterprise.

   • b. Proposed additions or alterations shall not be permitted if they would adversely affect the existing development or impede further conforming development of the property or of the surrounding area for permitted uses.

   • c. The owners of the subject property shall execute a written agreement which provides that any alterations made pursuant to this section shall not extend the time set forth in these regulations for the termination of such nonconforming structure.

3. Repairs to partially destroyed structures: a nonconforming building or structure which is damaged or partially destroyed to the extent of not more than fifty percent of its assessed value at that time, may be restored and the occupancy or use of such building, structure or part thereof which existed at the time of such destruction may be continued or resumed; provided, that the total cost of such reconstruction does not exceed fifty percent of the assessed value of the building or structure at the time of such damage, and that such restoration is started within a period of one year of such damage. In the event such damage or destruction exceeds fifty percent of the assessed value of such building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations of the district in which it is located.

ure at the time of such damage, and that such restoration is started within a period of one year of such damage. In the event such damage or destruction exceeds fifty percent of the assessed value of such building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations of the district in which it is located.

4. Structures Under Construction. Where valid building permits have been issued for a structure prior to the effective date of these regulations, the structure may be completed and used in accordance with the plans and specifications upon which such permits were issued, provided construction is commenced within thirty days after the issuance of the

permits and work is diligently pursued to completion within the subsequent six-month period.

• E. Public Uses, Quasi-Public Uses, and Public Utilities.

  1. A lawfully existing nonconforming school, park, library, fire station, church or other public or quasi-public use may be added to, extended or altered; provided, that such additions, extensions or alterations do not extend beyond the boundaries of the existing site; and provided that such additions, extensions or alterations comply with the development standards and all other provisions of this title.

  2. The planning commission, by written finding, may determine that a particular public utility facility or installation, nonconforming to the requirements of this title, is necessary to serve the areas in which it is located. The public utility facility may then be extended, or altered provided the facility does not extend beyond the boundaries of the existing site, and provided that the addition, extension, or alteration complies with all other provisions of this title.

• F. Change of Nonconforming Use. No nonconforming use shall be changed to another nonconforming use, nor shall a nonconforming use be extended to displace a conforming use except in accordance with the provisions of this title.

• G. Reversion to Nonconforming Status. Any portion of a nonconforming building or use which is altered or changed to a conforming use shall not thereafter be used for a nonconforming use.

• H. Abandonment of a Nonconforming Building or Use—Extensions. Where a nonconforming building, structure or use of a building, structure, or land has ceased for a period of ninety days or longer, such nonconformity shall be deemed to be abandoned. All nonconforming rights and privileges pertaining to such nonconforming building, structure or use are terminated on the ninety-first day. However, the property owner may apply for a nonconforming extension permit no later than one month prior to the end of the ninety-day period extending such ninety-day period for a period not to exceed two years. The director of community services may approve, conditionally approve, modify or deny the permit. In the event the director of community development grants such permit, the nonconforming rights and privileges pertaining to such nonconforming building, structure or use shall remain in effect until the earlier of the following events: the nonconforming building or structure is demolished; in the case of a nonconforming use, such use is replaced with a conforming use; or the day after the expiration date of the extension.

• I. Limitations On Other Uses. While a nonconforming use exists on any lot or parcel of land, no new use may be established thereon, unless the following conditions exist:

  1. Each existing and proposed use, including all accessory buildings and uses, shall be located on a lot or parcel of land having the area required in the zone district for such use.

  2. These uses shall be so located that the lot or parcel of land can be subdivided into individual parcels, each of which shall contain no less area than required by the zone district in which the property is located. All subdivisions shall comply with the requirements of the subdivision ordinance of the city.

• J. Required Termination Periods of Nonconformities. Each nonconforming building, structure or use shall be completely removed or altered to conform to the regulations of the zone district in which it is located within the following specified periods of time.

Nonconforming buildings and structures

Where the property is developed only with 3 years minor structures. A minor structure means any structure not requiring a building permit

Determination of the termination date

Extension of termination date

In establishing the termination date for nonconforming structures and uses, it is recognized that there may be some uses which entail a substantial investment in time and money and which may require a greater period of time to amortize than provided in Section 17.03.170(J) .

Extension of termination date

"Nonconforming uses of building or land". Any party may petition the planning commission for an extension of time for the termination of a nonconforming use or structure. The planning commission shall conduct a hearing on the petition and shall determine the appropriateness of the request. A copy of the recommended action shall be forwarded to the city council for final disposition.

• K. Removal of Structures. Prior to the expiration of the termination period, the nonconforming structure shall be completely removed or brought into compliance with the requirements of these regulations. The city shall not be liable for the cost of altering or removing any nonconforming structure or use. If the nonconforming use or structure is not brought into compliance with the requirements of these regulations, or removed in accordance with the date established in this chapter, the city shall have the right to declare the structure to be a public nuisance and to cause its removal in accordance with the provisions of Chapter 8.36 .

• L. Appeals. Any party who has been administratively ordered by the city to terminate a nonconforming use shall have the right of appeal to the city council if he or she has reason to feel that such order is unreasonable or would cause undue hardship. The city council may affirm the order or may extend the date upon which the nonconformity must be terminated.

• (Ord. 1271, 4/23/2024)

• A. Purpose. The purpose of the modification of development standards is to permit a property owner or tenant to deviate from the strict application of property development standards of the zone district in which his or her property is located in cases of demonstrable hardships not warranting the granting of a variance. Such deviations shall be minor in nature.

• B. Authority. All modifications of development standards must be approved by the community development director or designee who shall have the authority to modify standards as they apply to yard and setback requirements, building height, sign height or area, parking and landscaping.

• C. Extent of modification of development standards:

  1. Yard and setback standards may be modified by twenty percent of the zone district requirements.

  2. Building height standards may be modified by ten percent of the zone district requirements.

  3. Maximum sign height requirements may be modified by twenty percent and maximum sign area requirements may be modified by twenty percent.

  4. Parking requirements may be modified by:

     • a. Ten percent; or

     • b. Twenty percent with an approved valet parking plan.

  5. Landscaping requirements may be modified by ten percent of the zone district and parking ordinance requirements.

• D. Application and Fee. A request for modification of development standards shall be filed on forms prescribed by the community development director and shall be accompanied by a plot plan(s) and a fee, as established by written resolution of the city council.

• E. Plans Required and Plot Plan Review. A plot plan shall be submitted to the director of community development for any use requiring a modification of development standards. The plot plan shall include, but shall not be limited to, location of building and structures, areas designated for off-street parking and loading, circulation, landscaping, trash enclosures and the location of mechanical equipment. The community development director or designee shall review the plot plan and requested modification of standards to ensure that the intent and purpose of the zone district in which the property is located is implemented, that the requested modification is within the limits of Section 17.03.170(C) that the required showings have been made.

• F. Required Showing by the Applicant. Before any modification of standards will be granted, the applicant shall be required to make the following showing:

  1. That the modification requested is warranted by conditions applicable to the subject property;

  2. That the modification, if granted, would not be detrimental to the property owners in the area or to the general public.

• G. Conditions of Approval. Any modification of development standards granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the zone district within such property is located.

• H. Notice of Decision. Following the action by the community development director or designee, in granting or denying the request for a modification of development standards, a letter shall be mailed to the applicant at the address shown on the application form and to any other person requesting a copy, advising of the decision made.

• I. Expiration. Unless otherwise specified in the action granting the modification of development standards, any modification which has not been utilized within six months from the effective date of approval shall be null and void. The abandonment or nonuse of a modification for any period of six consecutive months shall terminate the modification and any privileges granted thereunder shall become null and void. A six-month extension may be granted by the community development director.

• J. Appeal. An appeal of a decision of the community development director may be made to the planning commission.

• K. Final Review of Plans. Before a building permit may be issued, the director of community development, or representative, shall sign the plot plan certifying that it complies with the conditions established and with the intent and purpose of the zone district in which the property is located.

• (Ord. 1271, 4/23/2024)

• A. Purpose. These standards are designed to ensure that property in the various zone districts established throughout the city are developed in a uniform and orderly manner and will promote the public health, safety, convenience, and general welfare. These development standards shall apply in addition to any other standards which may be established.

• B. Accurate Dimensions and Calculations Required—Violation. In measuring lot dimensions and other requirements set forth in this title, it shall be the responsibility of the property owner or authorized agent to provide accurate dimensions and calculations, and no person shall submit inaccurate dimensions or calculations. The submission of inaccurate dimensions which result in

a lot or structure not complying with the requirements set forth in this title shall constitute a violation of this title, and any permits or approvals granted thereunder shall be void.

• C. Minimum Lot Area. No lot shall be created with an area less than the minimum required, nor shall any existing lot be reduced in area to less than the minimum required in the zone in which such lot is located.

• D. Permitted Encroachments. The following projections may extend not more than four feet into a required side yard; provided, however, that the projections shall not in any event be closer than three feet to any rear or side property line:

  1. Cornices, eaves, belt courses, sills, buttresses or other similar architectural features;

  2. Fireplace structure not wider than eight feet, measured in the general direction of the wall of which it is a part;

  3. Stairways, balconies and fire escapes, provided that balconies may extend three feet into the required front setback when above the ground floor;

  4. Uncovered porches which do not extend above the floor level of the first floor; such porches may extend six feet into the front and side yard;

  5. Planter boxes or masonry planters not exceeding forty-two inches in height;

  6. Guard railings around ramps not exceeding forty-two inches in height;

  7. A porte cochere over a driveway in a side yard, provided such structure is not more than one story and is entirely open on at least three sides, except for the necessary supporting columns and customary architectural features, and is a minimum of thirty-six inches from the side property line.

• E. Distance Between Buildings. In the residential zones, all buildings or structures hereafter designed or erected, and all existing buildings hereafter altered shall have a minimum distance of six feet between main buildings or between main buildings and accessory buildings unless a greater distance is required by any other applicable code or regulation.

• F. Distance Between Buildings—Permitted Encroachments. The following projections may extend into the required open space between buildings:

  1. Cornices, eaves, belt courses, sills, buttresses, or similar architectural features may extend no more than two feet into the required distance.

2. Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part may extend not more than two feet into the required distance.

   3. Stairways and fire escapes.

   4. Uncovered porches which do not extend above the floor level on the first floor.

   5. Balconies may extend not more than three feet into the required distance.

   6. Planting boxes or masonry planters and similar features.

   7. Guard railings around ramps.

• G. Required Yards—Not Transferable. No yard or other open space required around a use or structure for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other use or structure; nor shall any yard or other required open space on a lot be considered as providing a yard or open space for an adjoining lot.

• H. Measurement of Building Area. The area of a building shall be measured from plans submitted by the property owner or authorized agent. In the case of an existing building, measurement may be made on the site. The area of a building shall be measured to include the total floor area within the exterior walls of the structure, except that garages, porte cocheres, porches, decks, patios, breezeways and similar elements shall not be included in measuring the area of a building.

• I. Visibility. All corner lots subject to yard requirements shall be maintained for safety vision purposes, a triangular area at the street intersection corner of the lot which triangle shall be formed by the front and side lot lines and a diagonal line drawn between two points located fifteen feet along the front and side lot lines from their point of intersection, or in case of a rounded lot corner, from the point of intersection of the extension of said lot lines. Within such triangular area, no tree, fence, shrub or other physical obstruction higher than forty-two inches above the established curb grade shall be permitted. This section shall not be deemed to set aside or reduce the requirements established for security fencing either by local, state, or federal law or by safety requirements of the board of education.

• J. Swimming Pools—Location. A swimming pool shall not be located in any required front yard, nor shall it be located closer than five feet from any side or rear property line.

• K. Swimming Pools—Enclosure. Swimming pools shall be enclosed and secured as required by the city's Building Code. All required fencing and security devices must be in place and approved before any water is put into the pool.

• L. Height Measurement of Fences and Walls. The height of a fence or wall shall be measured at the highest finished grade within three feet of either side of the wall or fence. In order to allow for variations in topography, the height of said wall or fence may vary an amount not to exceed six inches from the maximum permitted height contained in the regulations of the zone district in which the site is located.

rement of Fences and Walls. The height of a fence or wall shall be measured at the highest finished grade within three feet of either side of the wall or fence. In order to allow for variations in topography, the height of said wall or fence may vary an amount not to exceed six inches from the maximum permitted height contained in the regulations of the zone district in which the site is located.

• M. Government Exception. The provisions of this title shall not apply to a fence or wall required by regulation for security fencing of any use by any local, state, or federal law, or other governing agency.

• N. Construction and Alteration Subject to Design Standards. No building permit shall be issued for construction or alterations in the commercial, manufacturing and commercial manufacturing zones which meet the following criteria unless the director of planning or designee determines that the construction or alteration authorized by that building permit conforms to the design guidelines adopted by resolution of the city council:

  1. Construction of a building with a gross floor area greater than five thousand square feet; or

  2. Construction of an addition of at least five hundred square feet to an existing building so that the combined gross floor area of the existing building and the addition exceeds five thousand square feet; or

3. Structural alterations of more than fifty percent of the exterior walls of an existing building.

(Ord. 1271, 4/23/2024)

• A. Intent and Purpose. The purpose of this chapter is to define and clarify the powers of the city to enforce the provisions of the zoning ordinance. It is also the purpose of this chapter to define violations of the ordinance and to prescribe penalties and remedies for such violations.

• B. Applicability. The provisions of this chapter are applicable not only to private persons, agencies, and organizations, but also to all public agencies and organizations to the full extent that they

may be enforceable in connection with the activities of any such public agency or organizations. Where specific chapters of this title include language concerning violations, penalties and remedies, the provisions of those chapters shall apply.

• C. Issuance of Licenses and Permits. No license or permit for a use, building, or purpose where the issuance of such license or permit would be in conflict with the Zoning Ordinance shall be issued. All departments, officials or other employees of the city vested with the authority to issue licenses or permits shall not issue such permits or licenses which would not be in conformity with the provisions of the zoning ordinance. Any license or permit so issued shall be null and void.

• D. Penalties. Any firm, corporation, person or persons violating any of the provisions of this title shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed one thousand dollars or imprisonment for not more than six months or both such fine and imprisonment at the discretion of the court.

• E. Each Day a Separate Violation. Each person, or persons violating any of the provisions of this title shall be deemed guilty of a separate offense for every day during which any violation of any provision of the zoning title is committed, or continued by such persons, firms or corporation and shall be punishable as provided in this chapter.

• (Ord. 1271, 4/23/2024)

• A. Purpose. The purpose of this section is to conditionally permit catering vehicles as an accessory use in conjunction with full-service restaurants. The development standards set forth herein are designed to ensure that any proposed accessory use will be compatible with surrounding uses and will not be detrimental to the health, safety and welfare.

• B. Retail Sales of Food From a Catering Vehicle. The owner or operator of a full-service restaurant may apply for a conditional use permit pursuant to Section 17.03.060 to sell and serve food from a catering vehicle as an accessory use in conjunction with that restaurant. The city may impose reasonable conditions to ensure that the proposed use will be compatible with surrounding uses and will not be detrimental to the health, safety and welfare.

• C. Application Requirements. As part of the application, the applicant must provide evidence establishing:

  1. Permission to Operate. Ownership of the property upon which the restaurant is located or that the property owner has granted permission to allow the vehicle to be parked on the property for the purpose of conducting sales and service of food therefrom.

  2. Restaurant Has All Necessary Permits. The restaurant has received all necessary permits.

  3. Licensing Requirements. The applicant has complied with the licensing requirements for the vehicle set forth in Section 5.08.060(i) through (iv).

  4. Compatibility with Surrounding Uses and Property. The proposed accessory use will be compatible with uses and property in the vicinity and will not be detrimental to the health, safety and welfare.

• D. Development and Operational Standards. In addition to satisfying the criteria set forth in Section 17.03.060 and state law governing conditional uses, the applicant must comply with the following:

  1. Location Criteria. The catering vehicle shall park in the area designated for parking for the restaurant. The catering vehicles shall not, at any time, block access to or from the parking lot or park in an area used for landscaping or walkway surfaces.

  2. Operational Standards. The operator shall comply with the following standards:

     • a. No flashing lights or temporary signage is permitted on the vehicle or in the parking area.

     • b. No table or seating is permitted in the parking area.

     • c. Outdoor speakers or music are prohibited.

     • d. The restaurant's restroom facilities must be open to employees and patrons at all times when the catering vehicle is open for business.

     • e. The operator shall provide trash receptacles within ten feet of the vehicle at all times the vehicle is open for business.

     • f. The vehicle may only be open for business between the hours of 6:00 p.m. and 2:00 a.m. each day.

     • g. The parking area shall be clean at all times. During the hours that the catering vehicle is not open for business, the vehicle must be removed from the site or parked in an area where the vehicle is not visible from the street.

• h. The vehicle must contain a cash register to record all sales. The operator must maintain register receipts for each month of the year.

  - i. There shall be no sale or service of alcoholic beverages from the vehicle. Signs shall be posted indicating no consumption of alcohol or loitering in the parking area. 
  
  - j. The vendor shall maintain the parking area in a neat and orderly condition, and collect and dispose in a sanitary manner all debris, garbage, papers, trash, discarded food and litter generated by the vehicle. 
  

• (Ord. 1271, 4/23/2024)

• A. Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations.

• B. Applicability. This section applies to the permitting of all electric vehicle charging systems in the city. Electric vehicle charging systems legally established or permitted prior to the effective date of this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

• C. Electric Vehicle Charging System Requirements.

  1. All electric vehicle charging systems shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission regarding safety and reliability.

  2. All electric vehicle charging stations shall meet all applicable health and safety standards and requirements, including, but not limited to, any requirements imposed by the state and the city, local fire department and utility director, the California Building Code, city of South El Monte Municipal Code, and federal laws including the Americans with Disabilities Act.

  3. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

  4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

• D. Duties of the City's Chief Building Official.

  1. All documents required for submission of an electric vehicle charging system application shall be made publicly available on the city's website.

  2. The chief building official shall allow the electronic submittal of the electric vehicle charging station application.

     • a. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

  3. By resolution, the city council shall adopt a checklist of all requirements with which electric vehicle charging systems shall comply to be eligible for expedited review.

4. The electric vehicle charging system permit process and checklist shall substantially conform to recommendations contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist contained in the Zero-Emission Vehicles in California: Community Readiness Guidebook adopted by the Governor's Office of Planning and Research.

• Construction of a postsecondary school (college), public or private, for 3,000 or more students, or expansion of an existing facility having a capacity of 3,000 or more students by an addition of at least 20%.

  - Hotels or motels with 500 or more rooms. 
  
  - Industrial, manufacturing or processing plants or industrial parks that employ more than 1,000 persons, occupy more than 40 acres of land or contain more than 650,000 sq ft of gross floor area. 
  
  - Office buildings or office parks that employ more than 1,000 persons or contain more than 250,000 sq ft of gross floor area. 
  
  - Shopping centers or trade centers that employ 1,000 or more persons or contain 500,000 sq ft of gross floor area. 
  
  - Sports, entertainment or recreation facilities that accommodate at least 4,000 persons per performance or that contain 1,500 or more fixed seats. 
  
  - Transit projects (including but not limited to transit stations and park and ride lots). 
  

• E. Permit Review Requirements.

  1. The building official shall implement an administrative review process to expedite approval of electric vehicle charging stations. Review of a complete permit application shall be limited to the building official's review of whether it meets all health and safety requirements of local, state and federal law. Local law requirements shall be limited to those standards and regulations necessary to ensure there is no specific, adverse impact on public health or safety by the proposed installation. For direct current fast chargers (DCFC), the review of a complete permit application will be a fifteen business day timeline.

  2. A permit application that satisfies the information requirements in the checklist, as adopted by the city, shall be deemed complete.

  3. A complete permit application and proposed installation that meets the required standards and approved checklist that does not have a specific, adverse impact on public health or safety shall not be denied.

  4. An applicant that provides an incomplete permit application shall be provided with a written correction notice detailing all deficiencies in the application and any information required to be eligible for expedited permit issuance.

  5. The building official may require an applicant to apply for a conditional use permit if the official makes a written finding, based on substantial evidence, that the proposed electric vehicle charging station could have a specific, adverse impact upon the public health or safety and conditions are necessary. The decision of the building official may be appealed to the city planning commission.

5. The building official may require an applicant to apply for a conditional use permit if the official makes a written finding, based on substantial evidence, that the proposed electric vehicle charging station could have a specific, adverse impact upon the public health or safety and conditions are necessary. The decision of the building official may be appealed to the city planning commission.

   6. The director may not deny an application for a conditional use permit unless written findings are made based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The director's written findings shall include the basis for the rejection of potential feasible alternatives or conditions for preventing the adverse impact. The decision of the director may be appealed to the city planning commission.

   7. Any conditions imposed on an application shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. Government Code Section 65850.7 requires that the building official shall not condition the approval for any conditional use permit on the approval of such a system by an association, as that term is defined by Civil Code 4080.

6. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit.

(Ord. 1271, 4/23/2024)

• A. Location Criteria. A massage establishment may be located in any zone district which permits that particular use subject to the following exceptions and qualifications:

  1. A massage establishment shall not be established or located within five hundred feet of any existing massage establishment. The distance between any two massage establishments shall be measured in a straight line, without regard to the boundaries of the city and to intervening structures, from the closest point of each establishment.

  2. A massage establishment may not open or operate in a location where that establishment or a prior massage establishment was closed due to criminal activity, had its conditional use permit revoked, or had a massage establishment permit revoked any time within the past three years.

• B. Condition Use Permit Required. A conditional use permit shall be required for the establishment of any massage establishment. The following provisions shall govern the issuance of conditional use permits for massage establishments:

  1. Applications for conditional use permits under this section shall be subject to the procedures and requirements of Section 17.03.060 .

  2. In considering applications for massage establishments, the planning commission shall be guided by the provisions of Section 17.03.060 and this section. However, in the event of

any inconsistency in said standards, the provisions of this section shall govern.

3. In granting a conditional use permit, the planning commission may impose conditions if the planning commission determines such conditions are necessary to minimize any adverse effect of the proposed use on properties and uses in the area and the rest of the city.

4. A massage establishment shall not operate under any name or conduct business under any designation not specified in the application for the conditional use permit, which shall be identical as the name listed in the applications for the city business license and massage establishment permit.

5. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

6. An applicant for a conditional use permit shall submit the information described in this section and a non-refundable fee as established in the city's schedule of fees by resolution of the city council to reimburse the city for the costs of reviewing the application.

7. In addition to any information required for applications for a city business license pursuant to Title 5 of this Code, a massage establishment permit pursuant to Chapter 5.22 of this Code, and conditional use permits pursuant Section 17.03.060 of this Code, an applicant for a conditional use permit for a massage establishment shall submit the following information:

   • a. A legal description of the parcel.

   • b. Proof of legal title or a possessory or leasehold interest in the real property upon which the proposed massage establishment will be operated.

• c. If the massage establishment has a leasehold interest in the real property, a certified statement from the real property owner(s) authorizing the proposed use of the premises as a massage establishment.

  • d. A scaled site plan.

  • e. A description of all physical changes proposed to the property, whether permanent or impermanent, both inside and outside of the building.

  • f. The separation distance from other existing massage establishments shall be shown on an updated site plan or map.

  • g. A description of compliance with all facility requirements in Chapter 5.22 of this Code.

  • h. In addition to any standards for consideration of conditional use permit applications pursuant to Section 17.03.060 of this Code, the planning commission shall consider the following factors in determining whether to issue a conditional use permit, although the planning commission may waive or reduce the burden on the applicant of one or more of these criteria if the planning commission determines that the goals of this section are better served thereby.

  • i. No massage establishment shall be sited in a location where the applicant cannot produce proof of legal title or a possessory or leasehold interest in that real property and a certified statement from the real property owner(s) authorizing the proposed use of the premises as a massage establishment.

  • j. No massage establishment shall be sited within five hundred feet of an existing or otherwise approved massage establishment.

  • k. No massage establishment shall be sited in a zone where it is not permitted.

    • l. No massage establishment shall violate any provision regarding facility requirements within Chapter 5.22 of this Code.

• C. Amortization and Regulation of Nonconforming Massage Establishments.

  1. Any use of real property existing on April 1, 2015, which does not conform to the provisions of this section, but which was constructed, operated and maintained in compliance with all previous regulations prior to March 11, 2014, shall be regarded as a nonconforming use.

  2. Any nonconforming use pursuant to this section may continue in operation until June 30, 2017, provided that use and its facility is in compliance with all other laws, except the use restrictions in the Zoning Ordinance; the use is not extended, enlarged, moved or altered so as to occupy land outside the current structure(s); and the use is not discontinued or abandoned for a continuous period of one hundred eighty days or more.

  3. Any nonconforming use pursuant to this section may apply for a conditional use permit pursuant to Section 17.03.230(B) . In the event the city grants the conditional use permit, such use shall be considered to be a conforming use.

  4. The city manager may approve an extension of time until termination pursuant to Section 17.03.230(D) .

• D. Extension of Time for Termination of Nonconforming Use. The owner or operator of a nonconforming use as described in Section 17.03.230(C) may apply under the provisions of this section to the city manager for an extension of time within which to terminate the nonconforming use, as follows:

  1. The owner of the real property upon which such use operated or the operator of the use may file an application for an extension of time within which to terminate a use made nonconforming by the provisions of this section. Such application must be filed with the city manager at least sixty days but no more than ninety days prior to the expiration of the time established in Section 17.03.230(B) for termination of such use.

  2. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the city's schedule of fees established by resolution from time to time by the city council. An application which fails to state a basis upon which an extension may be granted, as set forth in subsection D of this section, shall be returned to the applicant as nonresponsive, together with the application fee less any administrative costs of processing the application.

  3. The city manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within twenty days of receipt of the application. All parties involved: shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.6 .

  4. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings or such other findings as are required by law:

     • a. The applicant has made a substantial investment (including, but not limited to, lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made before April 1, 2015;

     • b. The applicant will be unable to recoup said investment as of the date established for termination of the use; and

• c. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 17.03.230(C) .

• (Ord. 1271, 4/23/2024)