Article C — ADMINISTRATION AND ENFORCEMENT

SECTION:

9-1C-1: City Council

• 9-1C-2: Planning Commission

• 9-1C-3: Director Of Community Development Department

• 9-1C-4: Planning Division Staff

9-1C-5: General Procedures

• 9-1C-6: Specific Procedures

• 9-1C-7: Enforcement

The city council is the legislative body of the city of Temple City, with all those powers granted by the state and the city charter. In the context of this Zoning Code, the city council has the authority to hear appeals and make decisions on those types of applications shown as city council responsibilities in Table 9-1C-6-1 Summary of Development Review Procedures. (Ord. 19-1036)

A. Creation: Pursuant to Article XI of the Charter of the City of Temple City, a planning commission (commission) for the City of Temple City is hereby created.

• B. Membership and Terms:

1. Commission Members: The planning commission of this city must consist of five (5) members appointed for two

• (2)-year terms who must be residents and qualified electors of the city at the time of their appointment to office and during their entire period of service on the commission. Members must be appointed as set forth in section 1103 of the charter of the city of Temple City.

2. Chairperson: The commission must elect its chairperson from among its appointed members for a term of one (1) year.

• C. Meetings and Proceedings:

1. Rules and Regulations: The rules and regulations adopted by the commission and "Rosenberg's Rules of Order", where not inconsistent with said rules and regulations, will govern all meetings of the commission.

2. Regular and Special Meetings: Regular meetings will be as provided for by resolution of the commission and approved by the city council. The commission will hold at least one (1) regular meeting in each month, as business requires. Special meetings will be called in the manner specified in the Government Code of the State of California (Government Code) for the calling of special meetings of commissions and boards. A majority of the regular members will constitute a quorum. Less than a quorum may adjourn any meeting.

3. Absence from Meetings: If a member of the commission is absent from three successive regular meetings of said commission, without cause, the office of such member will be deemed to be vacant and the term of such member terminated and the commission will immediately inform the city council of such vacancy.

4. Absence for Cause: Where a member of the commission is absent due to illness or unavoidable absence from the city, and gives notice thereof to the secretary of the commission on or before the day of any regular meeting by said commission the same will be deemed an absence for cause.

5. Records: The commission must keep a record of all business, minutes, transactions, findings, determinations, correspondence, and other matters coming before it. Such records must be maintained as are public records of other bodies and agencies. Minutes of the commission will be filed with the city clerk.

D. Duties and Authority: The commission must perform the duties and will have all the rights, powers and privileges specified and provided for in this zoning code or by state law including the authority to hear appeals and make decisions on those types of applications shown as planning commission responsibilities in Table 9-1C-6-1 Summary of Development Review Procedures. (Ord. 19-1036)

The Director of the Community Development Department (director) has the overall responsibility for the decisions of the planning division staff. The director, or designee, will make recommendations and decisions as indicated in Table 9-1C-6-1 Summary of Development Review Procedures. (Ord. 19-1036)

Planning division staff is responsible for the day-to-day administration of this zoning code, unless this Zoning Code states that another individual, department, or body has a specific responsibility. (Ord. 19-1036)

This section describes the common procedural steps and other rules that generally apply to development applications reviewed under this Zoning Code, unless otherwise expressly exempted or alternative procedures are specified in Table 9-1C-6-1 Summary of Development Review Procedures.

A. Pre-application Meeting:

A pre-application meeting is an informal discussion between a potential applicant and planning division staff regarding a possible project subject to this Zoning Code. The purpose of the pre-application meeting is to inform a potential applicant of the city requirements as they apply to the proposed project, inform the potential applicant of the city's review process, and identify information and materials required in the application. The meeting will be conducted between planning division staff and a project applicant for the following projects:

1. Projects requiring city council approval;

2. Major site plan reviews approved by the planning commission; and

3. Projects requesting a pre-application meetings by an applicant.

B. Application:

1. Application Filing: Unless otherwise expressly stated in this Zoning Code, all applications must be filed with the planning division, on forms furnished by the planning division, and must include a list of all application materials, information, and fees for that type of project, permit, or approval on the respective application form.

2. Review for Completeness:

a. Initial Review: The planning division will review each application for completeness and accuracy before it is accepted as being complete and officially filed.

b. Basis for Determination: The planning division's determination of completeness will be based on the city's list of required application materials and any additional written instructions provided to the applicant in a pre-application meeting, if such pre-application meeting has been held.

c. Notification of Applicant: Within thirty (30) calendar days of filing an application, the planning division will inform the applicant, in writing, whether the application is complete and has been accepted for processing, or whether the application is incomplete and additional information is required.

d. Appeal of Determination: The applicant may appeal the planning division's determination, that the application is incomplete or that the additional information requested by the planning division is not required, to the planning commission in compliance with section 9-1C-G Appeals.

e. Referral of Application: An application may be referred to those city departments, contract departments, service providers, and review agencies potentially affected by the application for review and comment per the director's discretion.

3. Inactive Application: If an applicant does not respond to a complete letter, incomplete letter, comment letter, or other correspondence requesting revisions or additional material within ninety (90) days the city will send a letter to the applicant notifying them that if materials responsive to the previously mentioned correspondence are not submitted within thirty (30) days, the application will be deemed inactive. The application will be administratively withdrawn on the thirty-first (31st) day if no responsive materials are submitted.

4. Withdrawal of Application: Any applicant may withdraw an application or an appeal, prior to a decision thereon, by filing a written request to do so; refunds may be issued at the discretion of the Community Development Director based on the amount of work completed on the application or an appeal at the time the written request is submitted.

5. Environmental Information: After the planning division has accepted an application as complete, the division may require the applicant to submit additional information for the environmental review of the project in compliance

with the California Environmental Quality Act (CEQA) to determine if the findings can be made.

6. Environmental Review:

a. CEQA review: After acceptance of a complete application, the planning division will review the project in compliance with CEQA to determine whether the project is exempt from CEQA, or the extent of environmental review required for the project. These determinations and, where required, the preparation of appropriate environmental documents must comply with CEQA and any adopted CEQA guidelines.

• b. Special Studies Required: Special studies, prepared by the city's consultant and paid for in advance by the applicant, may be required to supplement the city's CEQA review.

7. Successive Applications: No application may be resubmitted for the same or substantially the same variance, permit, modification, or other application which had previously been denied by the director, planning commission, or the city council within the previous twelve (12) months.

8. Multiple Construction Projects: Multiple construction projects within any twenty-four (24) month period will be considered a single construction project.

C. Neighborhood Meeting:

1. Applicability: The following types of applications require at least one (1) neighborhood meeting, open to the public, at the project site, an alternate location within a mile radius of the site (i.e. coffee shop, community center, etc.), or at city-owned location for a fee at a time convenient for interested residents to attend. The applicant must confer with planning division staff prior to selecting a meeting time and location.

• a. Zoning Map Amendment.

• b. General Plan Amendment.

• c. Non-residential structures greater than twenty-five thousand (25,000) square feet in size.

• d. Residential projects with more than twenty-five (25) units.

• e. Any project requiring an Environmental Impact Report (EIR).

2. Meeting Content: The applicant must provide general information on the proposed project including but not limited to the following:

• a. A general description, orally, in text, and/or by diagram of the project.

• b. A description of the location of the real property on which the project will be located.

• c. Any entitlements being sought by the applicant.

• d. Any amendments to this Zoning Code, the General Plan, or applicable specific plan associated with the project.

3. Notice: Notice for a public hearing must occur in compliance with section 9-1C-5-E Notice.

4. Proof of Meeting: Prior to the scheduling of a public hearing, the applicant must provide to the director proof that the meeting occurred, including a sign-in sheet of attendance, notes from the meeting, and meeting location, date, and time.

D. Public Hearings:

1. Applicability: Public hearings will be held for those types of applications where Table 9-1C-6-1 Summary of Development Review Procedures requires a public hearing.

2. Proceedings: Public hearings before the planning commission and public hearings before the city council on matters related to this Zoning Code will be conducted pursuant to rules and practices established by each of those bodies and in compliance with state law. Public hearings before the director will be conducted at a date, time, and location determined by the director, in compliance with state law. All public hearings before the planning commission, city council, or director must be open to the public.

3. Notice: Notice of a public hearing must be given pursuant to section 9-1C-5-E Notice.

4. Recommendations: Following a public hearing resulting in a recommendation to another hearing body, the

recommendations will be forwarded to the other hearing body. A copy of the staff report to the other hearing body with the recommendation will be forwarded to the applicant.

5. Decision and Notice: Following a final decision, the decision authority will provide notice of the final action to the applicant and any person who specifically requested notice of final action. Notice of the final action will contain applicable findings, conditions of approval, reporting and monitoring requirements, and the procedure for appeal of the decision.

E. Notice:

1. Content of Notice: Notice of a public hearing must include all the following information:

• a. Information pertaining to the hearing, including:

• (1) The date, time, and place of the hearing.

• (2) The name of the hearing body or director.

• (3) The phone number, email address, and street address of the planning division where an interested person could call or visit to obtain additional information.

• b. Information pertaining to the project, including:

• (1) The name of the applicant.

• (2) The city's file or project number assigned to the project.

• (3) A general explanation of the matter to be considered.

• (4) A general description, in text or by diagram, of the location of the real property, if any, that is subject of the hearing.

c. Statement on Environmental Document: The hearing notice must state that the hearing body will consider approval of the CEQA determination or document prepared for the proposed project.

2. Method of Noticing:

a. Mailing: Notice must be given by United States mail, postage prepaid, at least fourteen (14) and up to thirty

(30) days in advance of a scheduled hearing to the following recipients:

(1) The owners of the subject property as shown on the latest equalized assessment roll or the owner's authorized agent, and the project applicant, if not the owner.

(2) All local agencies expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

(3) All owners of real property as shown on the latest equalized assessment roll located within three hundred (300) feet from the external boundaries of the real property that is the subject of the hearing. The list of the names of the property owners who own property within the notice mailing radius must be provided by the applicant. If the number of property owners to whom notice would be mailed or delivered to is greater than one thousand (1,000), in lieu of mailed or delivered notice, notice may be given by newspaper publication.

(4) Any other person who has filed a written request for notice with the planning division, or whose property, in the judgement of the planning division may be affected by the proposed project.

b. On-Site Notice: The applicant will post a sign, provided by the planning division, of at least thirty (30) inches by twenty-four (24) inches on each street face of the real property that is the subject of the hearing. The content of the sign must include the project and hearing information required by section 9-1C-5-E-1 Content of Notice. The applicant must provide the director with a date-stamped photo as proof of on-site notice.

c. Newspaper Publication: If on-site notice is not feasible, notice of public hearing must be published by placing a display of at least one- eighth (1/8) of a page in size in at least one (1) newspaper of general circulation at least

fourteen (14) days in advance of the hearing.

d. City Website: Notice of a public hearing will be posted on the city's website no less than fourteen (14) days in advance of the hearing.

F. Request for Review:

1. Eligibility: The following city officials may file with the city clerk a request for review (RFR) of any decision made by the planning commission:

• a. Any council person.

• b. The city manager.

• c. The city attorney.

2. Timing: Such RFR must be filed within fourteen (14) days of the decision by the planning commission, as a no fee filing, together with a statement that such RFR is not indicating support for or opposition to such decision, but is filed because the filer believes that such decision involves a matter of such interest, import, precedent or significance that such decision should as a matter of policy and planning be made by the city council.

teen (14) days of the decision by the planning commission, as a no fee filing, together with a statement that such RFR is not indicating support for or opposition to such decision, but is filed because the filer believes that such decision involves a matter of such interest, import, precedent or significance that such decision should as a matter of policy and planning be made by the city council.

3. Effect of RFR: Upon the timely filing of an RFR, the decision of the planning commission will be suspended until the RFR is determined by the city council; and the city clerk will immediately notify the council, planning commission, applicant and all who appeared at the planning commission meetings with regard thereto and set the matter for hearing before the city council for final determination.

4. Procedure: The procedures of an RFR will be the same as those for an appeal under section 9-1C-5-G Appeals.

G. Appeals:

1. Review Authority: Unless stated otherwise in this code, appeals of decisions of the director must be made to the planning commission and appeals of decisions of the planning commission must be made to the city council.

2. Eligibility: Appeals may be initiated by the applicant or any person aggrieved by the decision of the planning commission or the director.

3. Timing: An appeal must be filed within fifteen (15) calendar days following the date the decision was rendered, unless a longer appeal period is specified as part of the project approval. In the event the completion of the appeal period falls on a weekend or holiday, the decision will become effective after 5:00 p.m. on the first business day following the completion of the appeal period.

4. Form and Fees: An appeal must be submitted in writing on an official city appeal form together with all required fees.

5. Effect of Appeal: Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the review authority.

6. Procedure:

a. Report and Scheduling of Hearing: When an appeal has been filed, the director must prepare a report on the matter, including all the application materials in question, and schedule the matter for a public hearing by the appropriate review authority within ninety (90) days of receiving the appeal.

• b. Notice: Notice of the appeal hearing must be provided and the hearing must be conducted pursuant to section 9-1C-5-D Public Hearings.

c. Scope of Review and Decision: During the appeal hearing, the review authority may act on any aspect of the appealed project (de novo review). The review authority will make its own decision based upon findings of fact applicable to the case. The findings will identify the reasons for the action on the appeal and verify the compliance of the subject of the appeal with this Zoning Code.

• d. The review authority's decision may:

• (1) Affirm, affirm in part, or reverse the action that is the subject of the appeal.

• (2) Adopt additional conditions of approval that address the matter appealed.

• (3) Remand the appeal for further review, recommendation, or action to the previous review authority.

• (4) A matter being heard on appeal may be continued for good cause (e.g. additional California Environmental Quality Act (CEQA) review is required).

• (5) If the hearing body is unable to reach a decision on the matter appealed, the decision of the previous review authority will remain in effect.

7. Effective Date of Appeal Decision:

• a. City Council's Decision: A decision of the city council on an appeal is final and will be effective on the date the decision is rendered.

b. Other Decisions: A decision of the planning commission is final and effective after 5:00 p.m. fifteen (15) calendar days following the date the decision is rendered, when no appeal to the decision or RFR has been filed in compliance with this code. In the event the completion of the appeal period falls on a weekend or holiday, the decision will become effective after 5:00 p.m. on the first business day following the completion of the appeal period.

8. Judicial Review: No person may seek judicial review of a city decision on a permit or other matter in compliance with this zoning code until all appeals to the planning commission and city council have been first exhausted in compliance with this Zoning Code.

H. Post Decision Procedures:

1. Effective Date of Decision:

a. City Council: A decision of the city council is final and will be effective on the date the decision is rendered.

b. Planning Commission and Director: A decision of the planning commission or the director is final and will be effective after 5:00 p.m. on the fifteenth (15th) day following the date the decision is rendered, when no appeal to the decision has been filed.

2. Issuance of Permits: Permits will not be issued until the effective date, provided that no appeal of the decision body has been filed in compliance with section 9-1C-5-G Appeals.

3. Compliance to Approved Plan or Permit: All work performed under an approved plan or permit must comply with the approved drawings and plans or permit and any conditions of approval imposed by the decision authority.

4. Performance Guarantees:

a. Security Required: The director may require an applicant to provide adequate security to guarantee the proper completion of any approved plan or permit and compliance with any conditions of approval.

b. Form of Security: The security must be in the form of cash, a certified or cashier's check, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the city.

c. Amount of Security: The director will determine the amount of the security necessary to ensure proper completion of the approved plan or compliance with any conditions of approval.

d. Duration of Security: The security must remain in effect until all work has been completed according to the approved plans or permit and conditions fulfilled to the satisfaction of the director or until a specified warranty period has elapsed.

e. Release of Security: The security deposit will be released upon completion of work in compliance with the approved plan or permit and any conditions of approval. The city may maintain twenty-five percent (25%) of the security deposit to ensure work complete was constructed appropriately and will be returned to the applicant one (1) year following the partial release of the security deposit.

• f. Failure to Comply:

(1) Upon failure to complete any work or comply with conditions, the city may complete the work or fulfill the condition and may collect from the applicant or surety all costs incurred, including administrative, engineering, legal, and inspection costs.

• (2) Any unused portion of the security will be refunded to the funding source.

5. Changes to an Approved Project: Changes to an approved project must be established only as approved by the review or decision authority, except when changes to the project are approved in compliance with this section.

a. Request for a Change: An applicant must request desired changes in writing and must submit appropriate supporting materials and an explanation for the request.

b. Notice and Hearing: If the original approval required a noticed public hearing, a noticed public hearing is required for the requested change pursuant to section 9-1C-5-D Public Hearings, section 9-1C-5E Notice, except as allowed by section 9-1C-5-H-5-c Minor Changes.

• c. Minor Changes: The director may authorize minor changes to an approved project if the changes comply with all the following criteria:

• (1) The requested changes are consistent with this Zoning Code.

• (2) The requested changes are consistent with the spirit and intent of the original approval.

(3) The requested changes do not involve a feature of the project that was a basis for findings in a negative declaration, mitigated negative declaration, or environmental impact report for the project.

(4) The requested changes are in substantial compliance with and are consistent with the spirit, intent, and directions of the decision-making body.

(5) The requested changes do not involve a feature of the project that was a specific consideration by the review authority in granting the approval.

(6) The requested changes do not involve an expansion, intensification, or increase greater than ten percent (10%) in size of the land use or structure, and are in substantial compliance with all other conditions of approval, do not affect compliance with CEQA requirements, and are found by the director to be in substantial compliance with the original approval.

(7) The requested changes comply with the criteria above and involve a minor change to the project design that maintains the essential elements of the project as originally approved.

6. Lapse of Approval and Extension: A permit or approval issued pursuant to this zoning code will lapse and become null and void two (2) years following the effective date of the permit or approval if not exercised. The permit shall not be deemed "exercised" until a building permit for the subject property has been issued, and construction diligently pursued to completion; a Certificate of Occupancy has been issued by the city; or if no building permit has been required, the use has commenced. A one (1)-year extension may be granted by the Director upon written request by the applicant received at least thirty (30) days prior to the permit or approval expiration date, provided there are no changes to the project.

7. Permits to Run with the Land: Unless otherwise stated for a specific type of permit or approval under this zoning code, or unless otherwise stated on the permit or approval document, permits, approvals, or decisions issued under this zoning code run with the land and are not affected by changes in ownership or the form of ownership of the property.

8. Revocations:

a. Notice and Hearing: Upon recommendation by the director, the body which originally granted the permit or approval will conduct a noticed public hearing to determine whether a permit or approval, should be revoked. If the revocation relates to a permit or approval granted by the County of Los Angeles, the commission will conduct a hearing.

b. Decision and Action: If the commission or council finds any one of the following facts to be present, it will revoke the permit or approval:

• (1) That the permit or approval was obtained by fraud.

• (2) That the permit or approval granted is being, or has been, exercised contrary to the terms and conditions of such permit or approval or in violation of any law.

• (3) That the use for which the permit or approval was granted is being exercised to be detrimental to the public health or safety, or as to constitute a nuisance.

• c. Appeal: If the commission conducts the hearing, the action taken by the commission will be subject to an appeal in compliant with section 9-1C-5-G Appeals of this Zoning Code. (Ord. 19-1036; amd. Ord. 20-1047)

This section lists the specific types of development applications that may be required for a development or redevelopment project in the city, and the various procedural steps, decision makers, and findings of facts applicable to each type of application. The requirements of section 9-1C-5 General Procedures will apply to any relevant topic not specifically addressed in this section. In case of conflict between the provisions of this section and those of section 9-1C-5 as they relate to a specific type of application or procedure, the provisions of this section will apply.

Table 9-1C-6-1

Summary of Development Review Procedures

Key: D = Director; PC = Planning Commission; CC = City Council; N = Not Required; Y = Required

Flow Chart Key:

A. Zoning Clearance:

1. Applicability: Zoning clearances are not considered discretionary for purposes of the California Environmental Quality Act (CEQA). A zoning clearance is required for a proposed use or structure prior to the issuance of any building, grading, or construction permit, or other authorization for the use or structure. The following projects are subject to a zoning clearance:

• a. Single-story accessory structures permanently attached to the ground for single family uses.

• b. All fences and walls.

• c. All pools, spas, and their related equipment.

• d. All residential patio covers.

• e. All commercial, industrial, mixed-use, and institutional tenant improvements provided no exterior changes are

proposed.

• f. Other projects that require a building permit but not require a minor or major site plan review (except for permits to re-roof a structure, stucco a structure, or changeout windows).

• g. The establishment of a new land use or change in land use on an existing parcel or within an existing structure.

• h. Accessory dwelling units and junior accessory dwelling units.

• i. Water heaters and air conditioning units located outside of the structure.

• j. Parking lot re-striping.

• k. Hardscape: All replacement of existing hardscape, new hardscape in the front yard, new hardscape in the pole portion of a flag lot, new driveways, new hardscape that reduces the permeability of the lot, or any other hardscape regulated by the municipal code.

2. Application: An application for a zoning clearance must be filed and reviewed pursuant to section 9-1C1-5-B Application.

3. Approval Authority: The director acts on a zoning clearance.

4. Scope of Review: The director will issue the zoning clearance after determining that the request complies with all provisions of this code applicable to the proposed project.

5. Exception: A zoning clearance is not required for projects that have been approved under another permit process identified in this code.

B. Minor Site Plan Review:

1. Purpose: The minor site plan review process is to:

• a. Ensure that development occurs in a manner consistent with the overall goals and objectives of the general plan.

• b. Ensure that all development is consistent with the standards and regulations contained in the code.

• c. Ensure that the proposed architectural design and treatment of construction is consistent with the design guidelines contained in the code.

• d. Ensure that the proposed architectural design and treatment of construction is designed to minimize adverse aesthetic and environmental impacts on the site and its surroundings and are compatible with its surroundings.

2. Applicability: The following projects are subject to a minor site plan review:

• a. All new, single-story, single-family residences.

• b. Ground floor additions to single-family residences.

• c. Any proposed demolition, where new construction is not proposed.

• d. New two-story single-family residences or additions above the ground floor of a single-family residence.

• e. Facade improvements and other exterior changes on commercial, industrial, mixed-use, and institutional uses provided there is no square footage being added.

f. Accessory structures for multi-family, commercial, industrial, mixed-use, and institutional uses, including trash enclosures and other non-habitable structures that are one hundred twenty (120) square feet or larger; provided there is no habitable square footage being added.

g. The addition of outdoor seating areas to existing restaurants provided there is no interior square footage being added.

3. Application: An application for site plan review must be filed and reviewed pursuant to 9-1C-5-B Application.

4. Approval Authority: The director acts on all minor site plan reviews.

5. Public Hearing: Minor site plan reviews do not require a public hearing. However, the director may, due to the nature of a proposed project, require that a public hearing before the director be held for a minor site plan review.

6. Notice:

• a. Notice is not required for a minor site plan review except for the following:

(1) A new two (2)-story single-family residence or addition above the first story to an existing single-family residence.

• (2) When required by the director.

• b. Noticing Requirements:

(1) Notice that the director will be deciding on an application will be mailed to owners of all properties, as shown on the latest equalized assessment roll, located within one hundred feet (100') from the external boundaries of the real property that is the subject of the hearing, at least fourteen (14) days prior to the director's decision being made. The list of the names of the property owners, within the notice mailing radius must be provided by the applicant.

(2) Notices must contain a description of the location, a brief description of the proposal, the deadline to submit comments, the date the director is scheduled to decide, and information about when and how an appeal may be filed.

7. Comment Period: The comment period will be ten (10) days from the date notice is provided. Written comments received by the director during this period will be considered as part of the staff review.

8. Findings of Fact: The director may approve a site plan review only if all the following findings of fact are made:

a. The proposed development complies with all applicable provisions of this zoning code and is consistent with the general plan and any applicable specific plan.

b. The proposed structures, signs, site development, grading and/or landscaping are compatible in design, appearance and scale with existing uses, development, signs, and structures and landscaping of the surrounding area.

c. The proposed development, as submitted or modified by conditions of approval is consistent with the applicable design guidelines.

d. The site is adequate in size and shape to accommodate the proposed structures, yards, walls, fences, parking, landscaping, and other development features.

e. The approval of the site plan review complies with the California Environmental Quality Act (CEQA).

9. Appeals: Procedures and requirements of 9-1C-5-G Appeals will apply to appeals of a site plan review decision.

10. Post Decision Procedures: Procedures and requirements of 9-1C-5-H Post Decision Procedures will apply to a site plan review decision.

C. Major Site Plan Review:

1. Purpose: The major site plan review process is to:

• a. Ensure that development occurs in a manner consistent with the overall goals and objectives of the city's general plan.

• b. Ensure that all development is consistent with the standards and regulations contained in the code.

• c. Ensure that the proposed architectural design and treatment of construction is consistent with the design guidelines contained in the code.

• d. Ensure that the proposed architectural design and treatment of construction is designed to minimize adverse aesthetic and environmental impacts on the site and its surroundings, and are compatible with its surroundings.

2. Applicability: The following projects are subject to a major site plan review:

a. All new commercial, industrial, mixed-use, multi-family residential, and institutional construction, or remodel where new square footage or units is proposed.

b. Any other construction not identified as requiring a minor site plan review or zoning clearance, as determined by the director.

3. Application: An application for site plan review must be filed and reviewed pursuant to section 9-1C-5-B Application.

4. Approval Authority: The director acts on major site plan reviews, except, under the following conditions:

a. When a major site plan review is sought in conjunction with another application that requires planning commission review (conditional use permit, variance, etc.), the planning commission will be the approval authority. b. When a major site plan review for a multi-family project includes seven (7) or more units, a non-residential project is greater than ten thousand (10,000) square feet, or a mixed-use project includes seven (7) or more units or ten thousand (10,000) square feet of non-residential space the Planning Commission will act on the application.

c. The city council acts, upon recommendation of the planning commission, on site plan reviews that also involve concessions under the state's density bonus law.

5. Public Hearing:

a. Major site plan reviews that are acted upon by the director do not require a public hearing. However, the director may, due to the nature of a proposed project, require that a public hearing before the director be held for a major site plan review.

b. For major site plan reviews that are acted upon by the planning commission or city council, the public hearing will be set before the planning commission or city council pursuant to section 9-1C-5-D Public Hearings.

6. Notice: Notice for a major site plan review with or without a public hearing will occur in compliance with section 9-1C-5-E Notice. For major site plan reviews without a public hearing, notice will be provided the specified number of days prior to the director's decision being made, and the public notice must include the date the Director is scheduled to decide.

7. Findings of Fact: The approval authority (director, planning commission, or city council) may approve a major site plan review only if all the following findings of fact are made:

a. The proposed development complies with all applicable provisions of this Zoning Code and is consistent with the general plan and any applicable specific plan.

b. The proposed structures, signs, site development, grading and/or landscaping are compatible in design, appearance and scale with existing uses, development, signs, structures, and landscaping of the surrounding area. c. The proposed development, as submitted or modified by conditions of approval is consistent with the applicable design guidelines.

d. The site is adequate in size and shape to accommodate the proposed structures, yards, walls, fences, parking, landscaping, and other development features.

• e. The approval of the site plan review complies with the California Environmental Quality Act (CEQA).

8. Appeals: Procedures and requirements of section 9-1C-5-G Appeals apply to appeals of a major site plan review decision.

9. Post Decision Procedures: Procedures and requirements of section 9-1C-5-H Post Decision Procedures apply to a major site plan review decision.

D. Minor Exception:

1. Purpose: A minor exception is provided to allow an applicant that demonstrates practical difficulties in complying with all requirements of this Zoning Code, minor deviations from certain development standards of this zoning code.

2. Applicability: The following adjustment from the applicable development standards may be subject to a minor exception.

Table 9-1C-6-2

Maximum Allowable Deviation by Minor exception

3. Application: An application for a minor exception must be filed and reviewed pursuant to section 9-1C-5-B Application.

4. Approval Authority: The director acts on a minor exception. The director will set a date and time on which the application for a minor exception will be considered and decision be made.

5. Notice:

a. Notice that an application for a minor exception has been submitted will be mailed to the owners of all properties, as shown on the latest equalized assessment roll, located within one hundred feet (100') from the external boundaries of the real property that is the subject of the hearing, at least fourteen (14) days before the decision will be made. The list of the names of the property owners within the notice mailing radius will be provided by the applicant. b. Notices will contain a description of the location, a brief description of the proposal, the date the director is scheduled to make a decision, the deadline to submit written comments, and information about when and how an appeal may be filed.

6. Comment Period: The comment period will be fourteen (14) days from the date notice is provided. Written comments received by the director during this period will be considered as part of the staff review.

7. Findings of Fact: The director may approve a minor exception only if all the following findings of fact are made:

• a. The minor exception will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or zone district where it is located.

b. The minor exception will not adversely impact neighboring properties or the community at large and will not be materially detrimental to the public welfare or injurious to the adjacent or neighboring properties.

• c. The minor exception will be consistent with all other applicable provisions of the city's general plan and any applicable specific plan.

• d. The minor exception will not establish an undesirable precedent.

8. Appeals: Procedures and requirements of section 9-1C-5-G Appeals will apply to a minor exception.

9. Post Decision Procedures: Procedures and requirements of section 9-1C5-H Post Decision Procedures will apply to a minor exception.

E. Variance:

1. Purpose: A variance is provided to allow for the deviation from the terms and standards of this zoning code and is granted only when, because of special circumstances applicable to the property, the strict application of this zoning code deprives such property of privileges enjoyed by other property in the vicinity under identical zoning classification.

2. Applicability:

a. A variance is required for the deviation from any physical development standard to the subject property. Examples of physical development standards include height, setbacks, open space, floor area ratio (FAR), and offstreet parking requirements.

b. Minor building alterations consistent with the reasonable accommodations portion of this code (9-1C-6-J), and/or small expansions to existing facilities, which are proposed for the sole purpose of meeting the requirements of the Americans with Disabilities Act (ADA), will be waived from a zone variance requirement. Specific instances may require a public hearing if it is determined by the director that the proposed building modifications involve more substantial work than mere compliance with ADA requirements.

c. A variance will not be granted to permit a use or activity which is not otherwise expressly permitted within the zoning district which the property is in as specified in the Use Tables of each zoning district.

3. Application: An application for a variance will be filed pursuant to section 9-1C-5-B Application.

4. Pre-Application Meeting: An applicant seeking a variance will participate in a pre-application meeting pursuant to 9-1C-5-A Pre-Application Meeting.

5. Approval Authority: The planning commission acts on all variances, and may approve, conditionally approve, or deny a variance by resolution adopted by not less than three (3) affirmative votes.

6. Public Hearing: Every application for a variance will be set for a public hearing before the planning commission by the director, in compliance with section 9-1C-5-D Public Hearings.

7. Notice: Notice for a public hearing will occur in compliance with section 9-1C-5-E Notice.

8. Findings of Fact: The planning commission may approve a variance only if all the following findings of fact are made:

a. There are unique circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, that do not generally apply to other properties in the same zone as the subject property.

b. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question.

c. The variance will not be materially detrimental to the public welfare or injurious to the adjacent or neighboring properties.

d. The subject property and existing or proposed use located on the subject property complies with all other applicable provisions of this zoning code and is in conformance with the general plan and any applicable specific plan.

9. Appeals: Decisions of the planning commission may be appealed to the city council in compliance with section 9-1C-5-G Appeals.

10. Post Decision Procedures: Post decision procedures and requirements in section 9-1C-5-H Post Decision Procedures will apply to zone variances.

F. Temporary Use Permit:

1. Purpose: A temporary use permit is required for certain temporary uses and structures to ensure that proposed temporary uses or structures comply with the standards of this Zoning Code and do not negatively impact neighboring properties or the general public.

2. Applicability: When permitted in a zoning district, all temporary uses will require a temporary use permit except for the following exempt temporary uses, subject to applicable occurrence and duration standards. A temporary use permit will be required for any exempt temporary use exceeding applicable occurrence and duration standards.

• a. Garage sales for individual residences limited to three (3), two (2)-day events per calendar year per individual residence. One (1) block or neighborhood sale per calendar year is allowed in addition to individual sales.

b. Storage containers delivered to a home, loaded by residents, and delivered to another location, for a maximum of two (2) weeks on private property. Storage containers on a residential property for more than two (2) weeks may be approved by the director with a temporary use permit.

c. Outdoor fund-raising events located on non-residential zoned properties, when sponsored by a non-profit, charitable, civic, service, religious, educational or other similar organization directly engaged in civic or charitable efforts, limited to one (1) weekend per month per sponsoring organization.

d. Temporary on-site construction yards and office trailers, less than one (1) acre in size, and established in conjunction with an approved project. The construction yard and trailer will be immediately removed within ten (10) days of completion of the construction project or expiration of the building permit.

• e. Temporary events at any publicly owned facility, including city-owned parks.

• f. Seasonal sales events such as Christmas tree farms and pumpkin patches.

• g. Any other temporary use of the public right-of-way.

3. Application: An application for a temporary use permit will be filed and reviewed in compliance with section 9- 1C-5-B Application.

4. Approval Authority: The director acts on the temporary use permit and may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by section 9- 1C-6-F-5, Scope of Review.

5. Scope of Review: The director will issue the temporary use permit after determining that the request complies with all the provisions of this zoning code applicable to the proposed temporary use, including any makes the following findings:

• a. The proposed temporary use is compatible with the nature, character and use of the surrounding area;

• b. The temporary use will not adversely affect the adjacent uses, buildings or structures;

• c. The nature of the proposed use is not detrimental to the health, safety, or welfare of the community.

• d. The applicant has agreed in writing to comply with all conditions imposed on approval of the temporary use permit.

6. Conditions of Approval: The director may include conditions of approval consistent with one or more of the following:

a. Unless on Public Property, the applicant must either be the owner of the property, or the authorized agent of the owner of the property, where the temporary use will occur. For temporary uses involving city owned parks and recreation areas, see section 3-5E-2 Permits of the municipal code;

b. Continuation of a temporary use beyond the authorized dates or failure to remove a structure associated with a temporary use within ten (10) days of the final authorized day of use will constitute a violation of the municipal code and may be subject to Article U, Enforcement, Violations and Penalties, of the Zoning Code;

c. Fixed period of time. Unless otherwise stated in the permit, a provision for a fixed period of time not to exceed thirty (30) days for a temporary use not occupying a structure, including promotional activities, or twelve (12) months for all other temporary uses or structures, or for a shorter period of time as determined appropriate by the director;

d. Operating hours and days. The director may set hours of operation for the temporary use, and may limit one (1) or more days of the use within the time established in subsection 3. above;

e. Temporary pedestrian and vehicular circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation;

f. Regulation of nuisance factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration;

g. Regulation of temporary structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces including buffer areas and yards, and equipment staging or materials storage areas;

h. Sanitary and medical facilities. Provision for sanitary and medical facilities, as appropriate;

i. Waste collection, recycling, and/or disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;

• j. Police/security and safety measures. Provision for police/security and safety measures, as appropriate;

• k. Signs. Regulation of signs, including provisions to ensure removal of the signs following the event;

• l. Performance bond or other security. Submission of a performance bond or other security measures, satisfactory to the director, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition, or better, as determined by the director;

m. Compliance with applicable provisions. A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful approval of any/all required permits from any other department or governing agency; and

n. Other conditions. Other conditions that would ensure that the operation of the proposed temporary use would be conducted in an orderly and efficient manner, and in full compliance with the purpose of this chapter.

G. Conditional Use Permit:

1. Applicability: A CUP is required for certain land uses that are generally appropriate within a zoning district, but may have impacts that make them undesirable on a particular parcel, in large numbers, or within a specified proximity to another use. Land uses requiring a CUP are displayed in the Use Table in each zoning district section.

2. Pre-Application Meeting: An applicant seeking a CUP must participate in a pre-application meeting pursuant to 9-1C-5-A Pre-Application Meeting.

3. Application: An application for a CUP will be filed in compliance with section 9-1C-5-B Application.

4. Approval Authority: The planning commission acts on all CUPs, and may approve, conditionally, approve, or deny a CUP by resolution adopted by not less than three affirmative votes.

5. Public Hearing: Every application for a CUP will be set for a public hearing before the planning commission by the Director, in compliance with section 9-1C-5-D Public Hearings.

6. Notice: Notice for a CUP Hearing will occur in compliance with section 9-1C-5-E Notice.

7. Additional Standards: The proposed conditional use must comply with all provisions of this zoning code, including any special use standards specified in Article T, Special Uses.

8. Findings of Fact: The planning commission may approve a CUP only if all the following findings of fact are made:

• a. The proposed use complies with all applicable provisions of this zoning code.

• b. The proposed use is consistent with the general plan and any applicable specific plan.

c. The location, size, design, and operating characteristics of the proposed use will be compatible with existing and future land uses in the vicinity where the proposed use will be located, in terms of aesthetic values, character, and scale.

d. The site and use provide adequate and appropriate access to and from the site and within the site for vehicles, bicycles, and pedestrian and is adequately served by public facilities and services.

e. The proposed use will not be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the city.

9. Appeals: Decisions of the planning commission may be appealed to the city council in compliance with section 9-1C-5-G Appeals.

10. Post Decision Procedures: Post decision procedures and requirements in section 9-1C-5-H Post Decision Procedures will apply to CUPs.

H. General Plan Amendment:

1. Initiation: Amendments to the general plan may be initiated by any of the following:

• a. General plan diagram amendment:

• (1) By motion of the city council.

• (2) By motion of the planning commission.

• (3) By the city manager.

• (4) By the owner or person in legal possession of any real property located within the city.

• b. General plan text amendment:

• (1) By motion of the city council.

• (2) By motion of the planning commission.

2. Application: An application for a general plan amendment will be filed and reviewed in compliance with section

• 9-1C-5-B Application.

3. Planning Commission Action:

• a. Notice and Hearing: The planning commission will hold a public hearing on a proposed general plan text or diagram amendment pursuant to section 9-1C-5-D Public Hearing and section 9-1C-5-E Notice.

• b. Decision: After conducting a hearing on any proposed amendment, the commission will make a written recommendation to the council whether to:

• (1) Recommend the city council approve the requested amendment.

• (2) Recommend the city council conditionally approve the proposed amendment.

• (3) Recommend the city council deny the requested amendment.

• (4) The commission's action must be by resolution, adopted by not less than three affirmative votes, which must

be based upon the findings specified in section 9-1C-6-H-6 Findings for General Plan Amendment Approval.

• (5) The director will forward the commission's written recommendation to the city clerk.

4. City Council Action:

a. Notice and Hearing: Upon receiving the planning commission recommendation to approve, approve with conditions, or deny a General Plan amendment, the city council will hold a public hearing on the proposed amendment pursuant to section 9-1C-5-D Public Hearing and section 9-1C-5-E Notice.

b. Decision: After conducting a hearing on any proposed amendment, the council must take one of the following courses of action:

• (1) Approve the requested amendment.

• (2) Approve the requested amendment with conditions.

• (3) Deny the requested amendment.

• c. Referral to planning commission:

• (1) If the decision of the council, after conducting a public hearing, is in any way contrary to the commission's action, the said matter will be referred to the commission for a report before any final action is taken by the council.

• (2) Failure of the commission to report back to the council within forty (40) days after such matter has been referred to it will be deemed a recommendation for approval of the council's action.

5. Findings for General Plan Amendment Approval: The city council may approve a General Plan text or diagram amendment only if all the following findings of fact are made:

• a. The proposed amendment would not create an internal inconsistency in the General Plan.

• b. The proposed amendment would not be detrimental to the public health, safety, or general welfare of the city.

6. Effective Date: A general plan amendment will become effective immediately upon the adoption of a resolution by the city council.

I. Zoning Amendment:

This section establishes procedures for amending this zoning code, including text and map amendments. All amendments to this zoning code will be processed as set forth in Government Code section 65853 et seq. and as specified in this section.

1. Purpose: A zoning amendment is the process of amending the content of this zoning code, including the text or zoning map.

2. Initiation: Amendments to this zoning code and zoning map may be initiated by any of the following:

• a. By motion of the city council.

• b. By motion of the planning commission.

• c. By the owner, or person in legal possession of any real property located within the city, or by any public agency having the power of eminent domain.

• d. By council action taken pursuant to section Government Code section 65858.

• e. By the city manager.

3. Pre-Application Meeting: A private applicant seeking a zoning code or map amendment must participate in a pre-application meeting pursuant to section 9-1C-5-A Pre-Application Meeting.

4. Application: An application for a zoning amendment will be filed and reviewed in compliance with section 9- 1C.5.B Application.

5. Planning Commission Action:

• a. Notice and Hearing: The commission will hold a public hearing on a proposed zoning code amendment or zoning map amendment pursuant to section 9-1C-5-D Public Hearing and section 9-1C-5-E Notice.

• b. Decision:

• (1) After conducting a hearing on any proposed amendment, the commission will make a written recommendation to the council whether to: recommend the city council approve the requested amendment,

recommend the city council conditionally approve the proposed amendment, or recommend the city council deny the requested amendment.

(2) The commission's action must be by resolution, adopted by not less than three affirmative votes, which must be based upon the findings specified in section 9-1C-I-7 Findings for Code Amendment Approval.

• (3) The Director must forward the commission's written recommendation to the city clerk.

6. City Council Action:

• a. Notice and Hearing: Upon receiving the planning commission recommendation to approve, approve with

• conditions, or deny a zoning code or zoning map amendment, the city council will hold a public hearing on the proposed amendment pursuant to section 9-1C.5-D Public Hearing and section 9-1C.5-E Notice.

• b. Decision: After conducting a hearing on any proposed amendment, the council must take one (1) of the following courses of action:

• (1) Approve the requested amendment.

• (2) Approve the requested amendment with conditions.

• (3) Deny the requested amendment.

(4) If the decision of the council, after conducting a public hearing, is in any way contrary to the commission's action, the said matter will be referred to the commission for a report before any final action is taken by the council. Failure of the commission to report back to the council within forty (40) days after such matter has been referred to it will be deemed a recommendation for approval of the council's action.

7. Findings for Code Amendment Approval: The city council may approve a Zoning Code amendment or zoning map amendment only if all the following findings of fact are made:

• a. Findings applicable to all Zoning Code and Zoning Map amendments.

• (1) The proposed amendment is consistent with the general plan and any applicable specific plan as provided by Government Code section 65860.

• (2) The proposed amendment will not be detrimental to the public health, safety, or welfare of the city.

b. Additional finding for zoning code text amendments: The proposed amendment is consistent with other applicable provisions of this Zoning Code.

8. Effective Date: A zone amendment becomes effective thirty (30) days following the adoption of the ordinance by the city council.

J. Reasonable Accommodation:

1. Purpose: A reasonable accommodation request is an adjustment to standards of this Zoning Code to

accommodate modifications to a dwelling unit in response to the needs of a disabled resident seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

2. Public Notice of Process Availability: Notice of the availability of the reasonable accommodation process will be publicly displayed at city hall. Forms for requesting reasonable accommodation will be available to the public at the community development department at city hall.

3. Applicability:

a. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

b. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of this zoning code or other land use regulations, policy, or practice acts as a barrier to fair housing opportunities.

c. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability. A reasonable accommodation may be approved for a "community care facility/large", as defined in section 9-1A-12, Definitions of this zoning code.

4. Application:

a. An application for a reasonable accommodation will be filed and reviewed pursuant to section 9-1C-5-B Application.

b. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (e.g., conditional use permit, variance, etc.), then the applicant will file the reasonable accommodation application materials together for concurrent review with the application for discretionary approval.

c. A request for reasonable accommodation may be filed at any time that the accommodation is necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligation to comply with other applicable regulations not at issue in the requested accommodation.

d. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is amenable to the individual.

5. Required Submittals: In addition to materials required under other applicable provisions of this code, an application for reasonable accommodation will include the following:

a. Documentation that the applicant is any of the following: an individual with a disability, applying on behalf of one or more individuals with a disability, or a developer or provider of housing for one (1) or more individuals with a disability.

b. Documentation of the specific exception or modification to the zoning code provision, policy, or practices requested by the applicant.

c. Documentation that the specific exception or modification requested by the applicant is necessary to provide one (1) or more individuals with a disability an equal opportunity to use and enjoy the residence.

d. Any other information that the director reasonably concludes is necessary to determine whether the findings required by in section 9-1C-6-J-8 Required Findings can be made so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.

6. Approval Authority: The director acts on all applications for a reasonable accommodation, except under the following circumstances:

a. If the reasonable accommodation application is filed for concurrent review with an application for

discretionary review, the planning commission or city council as applicable will act on the reasonable accommodation application.

b. The director may refer any reasonable accommodation application to the planning commission for review and final decision.

7. Notice: Notice that a request for reasonable accommodations has been received will be mailed to the owners of properties within one hundred (100) feet of a proposed project fourteen (14) days prior to the director approving the project.

8. Comment Period: The comment period will be ten (10) days from the date notice is provided. Written comments received by the director during this period will be considered as part of the staff review.

9. Procedure:

a. Director Review:

• (1) The director will make a written decision within forty-five (45) days based upon the findings specified in section 9-1C-6-J-9 Findings.

(2) To reach a decision on the request for reasonable accommodation, the director may request further information from the applicant consistent with fair housing laws, if necessary. If a request for additional information is made, the forty-five (45)-day period to issue a decision is stayed until the applicant submits the requested information.

b. Other Review Authority:

(1) If the director refers a reasonable accommodation application to the planning commission for review and final decision, the planning commission must decide within forty-five (45) days based upon the findings specified in section 9-1C-6-J-9 Findings.

(2) The decision on a request for reasonable accommodation that is submitted concurrently with a discretionary permit application will be made by the planning commission or city council in conjunction with the review procedure for the discretionary permit application.

10. Findings: The review authority must make a written decision and either approve, approve with modifications, or deny a request for reasonable accommodation based on consideration of all the following factors:

a. The requested accommodation is requested by, or on behalf of, one (1) or more individuals with a disability protected under the fair housing laws.

b. The requested accommodation is necessary to provide one (1) or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

c. The requested accommodation will not impose an "undue financial or administrative burden" on the city, as defined in fair housing laws and interpretive case law.

d. The requested accommodation will not result in a "fundamental alteration" to the purpose of the zoning code, as defined in fair housing laws and interpretive case law.

e. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

11. Alternative Reasonable Accommodations: In making these findings, the review authority may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

12. Conditions of Approval: In approving a request for reasonable accommodation, the review authority may impose conditions of approval to ensure that the reasonable accommodation will comply with the requirements of this Zoning code.

13. Appeals: Procedures and requirements of section 9-1C-5-G Appeals must apply to a reasonable accommodation request.

14. Post Decision Procedures: Procedures and requirements of section 9-1C-5-H Post Decision Procedures will apply to a reasonable accommodations request.

K. Development Agreements:

1. Use: The following provides procedures for the review, approval, and amendment of development agreements, consistent with Government Code section 65864. A development agreement is a legislative act that must be approved by ordinance and subject to referendum.

2. Initiation: Consideration of a development agreement may be initiated by:

• a. Property owner(s) or other persons having a legal or equitable interest in the property proposed to be subject to the agreement or an authorized agent of the owner(s).

• b. A resolution of intention by the council.

3. Fully Effectuate: The provisions of any development agreement executed in compliance with this zoning code must fully effectuate and be consistent with this section, Government Code section 65864, and the development agreement itself.

4. Discrepancies: If a discrepancy between the meanings of these documents arises, reference must be made to the following documents, and in the following order:

• a. The terms of the development agreement itself.

• b. The provisions of this Zoning Code.

• c. The provisions of state law.

5. Size of Property: The property proposed to be subject to the agreement must be not less than one (1) acre in size.

6. Pre-Application Meeting: An applicant seeking a development agreement must participate in a pre-application meeting pursuant to section 9-1C-5-A Pre-Application Meeting.

7. Application: An application for a development agreement must be filed and reviewed in compliance with section

• 9-1C-5-B Application.

8. Approval Authority: The city council acts on development agreements.

9. Content of Development Agreement.

• a. Mandatory provisions: A development agreement entered into in compliance with this Zoning Code must contain the mandatory provisions specified by Government Code section 65865.2.

b. Permissive provisions: A development agreement entered into in compliance with this Zoning Code may contain the permissive provisions specified by Government Code section 65865.2.

10. Procedure:

• a. Director Action:

(1) The director will receive, review, and process an application for a development agreement. The director may call upon all other departments of the city to assist in the review and processing of a development agreement application.

(2) The director will set the application, together with recommendations, for a public hearing before the planning commission.

b. Planning Commission Action: The planning commission will serve as the planning agency on development agreement applications in compliance with state law.

(1) Public Hearing Required: Every application for a development agreement must be set for a public hearing before the planning commission by the director, pursuant to section 9-1C-5-D Public Hearings.

(2) Notice: Notice for a development agreement hearing will occur pursuant to section 9-1C-5-E Notice.

(3) Decision: After conducting a public hearing on any proposed development agreement, the commission will take one (1) of the following courses of action based upon the findings specified in section 9-1C-6-K-11 Findings of Fact: recommend the city council approve the requested zoning development agreement, recommend the city council conditionally approve the proposed development agreement, or recommend the city council deny the requested development agreement.

velopment agreement, the commission will take one (1) of the following courses of action based upon the findings specified in section 9-1C-6-K-11 Findings of Fact: recommend the city council approve the requested zoning development agreement, recommend the city council conditionally approve the proposed development agreement, or recommend the city council deny the requested development agreement.

c. City Council Action: Upon receipt of the planning commission's recommendation, the city clerk will set the application for public hearing.

(1) Public Hearing Required: Every application for a development agreement must be set for a public hearing before the city council pursuant to section 9-1C-5-D Public Hearings.

(2) Notice: Notice for a development agreement hearing must occur pursuant to section 9-1C-5-E Notice.

(3) Decision: After conducting a hearing on any proposed development agreement, the city council will take one of the following courses of action based upon the findings specified in subsection 9-1C-6-K-11 Findings of Fact: approve the requested development agreement, conditionally approve the proposed development agreement, or deny the requested development agreement.

11. Findings of Fact: The city council may approve a development agreement only if all the following findings of fact are made:

a. The development agreement is in conformance with General Plan, and any applicable specific plan, unless in the development agreement is approved in conjunction with appropriate entitlements.

b. The development agreement would not be detrimental to the health, safety, and general welfare of persons residing in the immediate area, nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of Temple City.

c. If the development agreement includes a subdivision, the agreement must provide that any tentative map prepared for the subdivision will comply with the provisions of Government Code section 66473.7.

12. Execution and Recordation:

a. The city will not execute any development agreement until on or after the date upon which the ordinance approving the agreement and enacted pursuant to section 9-1C-6-K-10 Procedure becomes effective.

b. An executed development agreement must be recorded in the office of the Recorder of the County of Los Angeles no later than fourteen (14) days after it is executed.

13. Environmental Review: The approval or conditional approval of a development agreement must be deemed a discretionary act for the purposes of CEQA.

14. Enforceability: Unless amended, canceled, modified, or suspended, as provided by this section, a development agreement must be enforceable by parties included in the agreement notwithstanding any change in the general plan, any applicable specific plan, or other zoning, subdivision, or building regulation adopted by the city, which alters or amends the rules, regulations, and policies of the development agreement.

15. Periodic Review:

a. Every development agreement approved and executed pursuant to this section will be periodically reviewed, once every twelve (12) months, during the term of the agreement following the date of its execution.

b. If, as a result of periodic review pursuant to this section, the city council finds and determines, on the basis of substantial evidence, that the applicant or its successor in interest has not complied in good faith with the terms or conditions of the agreement, the city council may terminate or modify the agreement following a public hearing pursuant to section 9-1C-5-D Public Hearing and section 9-1C-5-E Notice.

16. Amendment: A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest following a public hearing pursuant to section 9-1C-5-D Public Hearing and section 9-1C-5-E Notice.

17. Modification or Suspension: If state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement will be modified or suspended as may be necessary to comply with such state or federal laws or regulations.

18. Effect of Development Agreement: Unless otherwise provided by the development agreement, rules, regulations and official policies governing permitted uses of the land, governing density, and governing design, improvement and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations and official policies in force at the time of execution of the agreement. A development agreement does not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property under the development agreement, nor does a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies.

L. Expedited Non-Discretionary Multi-Family Review:

1. Purpose: The expedited multi-family review process:

a. Provides an optional expedited, non-discretionary, approval process for multi-family development projects in the R-2 zone that utilize the City's architectural prototypes and design palettes for multi-family projects. Approval under the expedited multi-family review process is considered ministerial and does not involve discretionary (site plan) review.

b. Ensures that development occurs in a manner consistent with the overall goals and objectives of the city's general plan.

c. Ensure that multi-family developments approved under the expedited review are consistent with the standards and regulations contained in the code.

• d. Ensure that the proposed architectural design and treatment of construction is consistent with the design guidelines contained in the code.

e. Ensure that the proposed architectural design and treatment of construction is designed to minimize adverse aesthetic and environmental impacts on the site and its surroundings and are compatible with its surroundings.

2. Applicability: Any new multi-family residential development in the R-2 zone, as determined by the director, that utilizes the architectural prototypes and palettes contained in the City's architectural prototype and palette library, adopted by reference via Resolution No. 22-5639, and as modified from time to time.

3. Application: An application for review under the objective design standards must be filed and reviewed pursuant to section 9-1C-5-B Application.

4. Approval Authority: The director acts on projects submitted under this section. When the project involves a subdivision or other entitlement requiring a public hearing (such as a variance), the planning commission will review the tentative map only.

5. Scope of Review: Prior to commencing the expedited multi-family review process, the director will determine whether the project substantially complies with the architectural prototypes and design palettes, zoning code (except the design criteria and any subjective provisions), and any applicable objective standards in a specific plan. The director will utilize a specially prepared checklist for determining "substantial compliance". This checklist will be provided to the applicant prior to submittal.

6. Public Hearing: Projects submitted under this section do not require a public hearing, unless the project is submitted with an entitlement requiring Planning Commission or City Council Review, such as a tentative map or density bonus.

7. Notice: Within one-week of approval, a Notice of Future Construction will be mailed to the adjacent property owners within one hundred feet (100'). The notice must include a description of the project and contact information for the City and applicant. It is the applicant's responsibility to provide the City with a radius map, ownership list, one set of mailing labels, and an affidavit certifying the accuracy of the map and ownership list when an application is submitted. Notice for a project involving a subdivision will occur in compliance with section 9-1C-5 E. Notice.

8. Post Decision Procedures: Procedures and requirements of 9-1C-5 H. Post Decision Procedures will apply to projects submitted under the objective design standards provisions.

M. Bonuses and Concessions for Affordable Housing:

1. Purpose: This section establishes procedures to implement state law as set forth in Government Code sections 65915 to 65918 for affordable housing. The incentives in this section are used by the city as a means of meeting its commitment to encourage the provision of affordable housing to all economic groups living within the community.

2. Application: An application for any bonus or concession for affordable housing must be filed with an application for a major site plan review.

3. Applicability: The provisions of this section apply only to multi-family residential and mixed-use development projects consisting of five (5) or more dwelling units not including units granted as a density bonus.

4. Approval Authority: The city council acts on bonuses and concessions for affordable housing and may, unless otherwise expressly stated in this section:

• a. Approve the bonus or concession described in the application.

• b. Deny the bonus or concession described in the application.

• c. Approve one or more bonuses or concessions and deny one (1) or more other bonuses and concessions, if more than one (1) bonus or concession is described in the application.

5. Public Hearing: A public hearing for an affordable housing bonus or concession will be held pursuant to section 9-1C-5-D Public Hearings.

6. Notice: Notice for an affordable housing bonus or concession public hearing must occur in compliance with section 9-1C-5-E Notice.

7. Post Decision Procedures: Procedures and requirements of section 9-1C-5-H Post Decision Procedures will apply to an affordable housing bonus or concession.

8. Density Bonus for Affordable Housing:

a. Eligibility: A density bonus will be granted only if an applicant seeks and agrees to construct a development with at least one (1) of the following attributes:

(1) At least ten percent (10%) of the total dwelling units for lower income households, as defined in section 50079.5 of the Health and Safety Code.

(2) At least five percent (5%) of the total dwelling units for very low-income households, as defined in section 50105 of the Health and Safety Code.

(3) Senior citizen housing, as defined in sections 51.3 and 51.12 of the Civil Code, or mobile homes that limits residency based on age requirements for housing for older persons pursuant to section 798.76 or 799.5 of the Civil Code.

(4) At least ten percent (10%) of the total dwelling units in a common interest development, as defined in section 4100 of the Civil Code, for persons and families of moderate income, as defined in section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.

b. Allowance: The number of total dwelling units, not including units granted as a density bonus, will be used in calculating the number of affordable dwelling units required for a density bonus.

(1) The density bonus for providing dwelling units affordable to low income households will be calculated as follows:

(2) The density bonus for providing dwelling units affordable to very low-income households will be calculated as follows:

(3) The density bonus for providing dwelling units in common interest development affordable to moderate income households will be calculated as follows:

(4) The density bonus for a senior housing development with thirty-five (35) or more dwelling units dedicated for occupancy by persons aged fifty-five (55) and older and those residing with them must be twenty percent (20%).

(5) Bonuses Not Combined: The density bonuses that are available to a development under this section must not be combined.

c. Approval Authority: A density bonus is not considered discretionary; however, projects that include a request

for a density bonus will be subject to a major site plan review by the city council and the hearing, noticing, appeal, and post decision procedure requirements pursuant to section 9-1C-1-6-C, Major Site Plan Review.

9. Density Bonus for Donation of Land:

a. Eligibility: An applicant for a tentative subdivision map, parcel map, or other residential development approval who donates land to the city or to the city-approved affordable housing developer which is suitable for the development of dwelling units affordable to very low-income households will be entitled to a bonus in residential density for the entire development above the density otherwise allowable under this Zoning Code and the land use element of the General Plan.

b. Allowance: The density bonus for donation of land for development of dwelling units affordable to very lowincome households will be based on the number of such affordable dwelling units that can be developed on the donated land as a percentage of the otherwise maximum residential density allowed for the development, calculated as follows:

c. Bonuses May Be Combined: A density bonus for the donation of land may be combined with a density bonus granted under section 9-1C-6-L-9, Density Bonus for Affordable Housing, of this section up to a maximum combined density bonus of thirty-five percent (35%).

d. Requirements for Density Bonus: The donation of land must meet all the following requirements to be eligible for a density bonus:

(1) The applicant must donate and transfer the land no later than the date of approval of the final tract or parcel map, or application for the construction of residential units.

(2) The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development.

(3) The transferred land must be at least one (1) acre in size or of sufficient size to permit development of at least forty (40) dwelling units, has the appropriate General Plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure.

(4) The transferred land must be subject to development standards that would allow feasible development of the affordable units. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land must have all the permits and approvals, other than building permits, necessary for development of the very low-income housing units on the transferred land.

(5) The transferred land and the affordable units must be subject to a deed restriction approved by the city attorney ensuring continued affordability of the units, consistent with section 9-1C-6-L-15, Enforcement of Affordability and Eligibility, of this section.

(6) The land must be transferred to the city of Temple City or to a housing developer approved by the City of Temple City.

(7) The transferred land must be located within the boundary of the proposed development or, with approval of the city council, within one-fourth (1/4) mile of the boundary of the proposed development.

(8) A bonus must not be granted unless a source of funding for the very low-income units has been identified not later than the date of approval of the final parcel or tract map or application for the construction of residential units.

10. Concessions and Other Incentives:

a. Eligibility and Allowance: An applicant who utilizes the density bonus provisions of this section may request one (1) or more concessions or other incentives as follows:

(1) One (1) concession or other incentive for developments that dedicate at least five percent (5%) of the dwelling units for affordable occupancy by very low income households, ten percent (10%) of the dwelling units for affordable occupancy by low income households, or ten percent (10%) of the dwelling units for affordable occupancy by moderate income households when all of the units in the development are available for sale to the public, including the affordable units.

(2) Two (2) concessions or other incentives for developments that dedicate at least ten percent (10%) of the dwelling units for affordable occupancy by very low income households, twenty percent (20%) of the dwelling units for affordable occupancy by low income households, or twenty percent (20%) of the dwelling units for affordable occupancy by moderate income households when all of the units in the development are available for sale to the public, including the affordable units.

n percent (10%) of the dwelling units for affordable occupancy by very low income households, twenty percent (20%) of the dwelling units for affordable occupancy by low income households, or twenty percent (20%) of the dwelling units for affordable occupancy by moderate income households when all of the units in the development are available for sale to the public, including the affordable units.

(3) Three concessions or other incentives for developments that dedicate at least fifteen percent (15%) of the dwelling units for affordable occupancy by very low income households, thirty percent (30%) of the dwelling units for affordable occupancy by low income households, or thirty percent (30%) of the dwelling units for affordable occupancy by moderate income households when all of the units in the development are available for sale to the public, including the affordable units.

b. Types of Concessions or Other Incentives: An affordable housing concession or other incentive must include the following:

(1) A modification in site development standards, zoning code requirements, or architectural design requirements including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions, provided the modified provisions meet the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with section 18901) of Division 13 of the Health and Safety Code.

(2) Approval of mixed-use zoning if commercial, office, industrial, or other land uses will reduce the cost of the residential development and if the commercial, office, industrial, or other land uses are compatible with the residential development and existing and planned development near the proposed mixed-use project.

(3) Other regulatory concessions or other incentives proposed by the city or the applicant that result in identifiable, financially sufficient, and actual cost reductions.

c. Decision and Findings of Fact: The city council must grant a concession or other incentive requested by the applicant unless the city council makes a written finding, based on substantial evidence, of any of the following: (1) The concession or other incentive is not required to provide for affordable housing costs, as defined in section 50052.5 of the Health and Safety Code.

(2) The concession or other incentive would have a specific adverse impact, as defined in 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderateincome households.

(3) The concession or other incentive would be contrary to state or federal law.

11. Waiver of Development Standards:

a. Eligibility and Allowance: If compliance with a development standard would physically preclude construction of a residential or mixed-use project utilizing a density bonus, and any concession or other incentive pursuant to this section, the applicant may submit a proposal for waiver or reduction of the development standard.

b. Findings of Fact: A waiver of development standard permit must be approved upon making all the following findings of fact:

(1) The waiver or reduction in a development standard is required for construction of the development project at the density to which the project is entitled and with all concessions or other incentives approved for the project.

(2) The waiver or reduction in a development standard will not have a specific adverse impact on public health, public safety, or the physical environment, and will not have an adverse impact on a property that is listed in the California register of historical resources. A specific adverse impact is a significant, quantifiable, direct, and

unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(3) The waiver or reduction in a development standard is necessary because application of the development standards would physically preclude construction of a project utilizing a density bonus, concession or other incentive. 12. Child Daycare Center Bonus or Concession:

a. Eligibility and Allowance: An application for a development project that complies with the density bonus requirement of this section and includes a child daycare center that will be located on the premises as part of the project, or at a location adjacent to the project, may request one additional bonus or concession as follows:

(1) Additional net floor area for dwelling units that is equal to or greater than the net floor area in the child daycare center.

(2) A concession that contributes significantly to the economic feasibility of the construction of the child daycare center.

b. Findings of Fact: A child daycare bonus or concession must be approved upon making all the following findings of fact:

• (1) The bonus or concession would contribute significantly to the economic feasibility of the construction of the child daycare center.

(2) The bonus or concession would not have a specific adverse impact on public health, public safety, or the physical environment, and would not have an adverse impact on a property that is listed in the California register of historical resources. A specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

c. Conditions of Approval: The child daycare center must comply with conditions of approval as follows:

(1) The child daycare center must remain in operation for a period of time that is equal to or longer than the period during which the dwelling units in the development that are dedicated for affordable occupancy are required to remain affordable.

(2) Of the children who attend the child daycare center, the children from households of very low income, low income, or moderate income must equal a percentage that is equal to or greater than the percentage of dwelling units in the development that are dedicated for affordable occupancy by households of very low, low or moderate income.

13. Alternative Parking Standards:

a. Eligibility and Allowance: An applicant that is entitled to a density bonus may request the following alternative parking standards for the development:

• (1) Zero (0) to one (1) bedroom: one (1) onsite parking space per dwelling unit.

• (2) Two (2) to three (3) bedrooms: two (2) onsite parking spaces per dwelling unit.

• (3) Four (4) and more bedrooms: two and one-half (2-1/2) parking spaces per dwelling unit.

(4) Five tenths (0.5) spaces per bedroom if a development includes at least twenty percent (20%) low income units or eleven percent (11%) very low-income units and is located within one-half (1/2) mile of a major transit stop, as defined in subdivision (b) of section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development.

b. Affordable Rental Units: If a development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, as provided in section 50052.5 of the Health and Safety Code, then, upon the request of the applicant, the maximum parking standard, inclusive of handicapped and guest parking must not exceed:

(1) Five tenths (0.5) spaces per unit, if the development is located within one-half (1/2) mile of a major transit stop, as defined in subdivision (b) of section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development.

(2) Five tenths (0.5) spaces per unit If the development is a for-rent housing development for individuals who are sixty-two (62) years of age or older that complies with sections 51.2 and 51.3 of the California Civil Code. The development must have either paratransit service or unobstructed access, within one-half (1/2) mile, to fixed bus route service that operates at least eight (8) times per day.

(3) 0.3 spaces per unit if the development is a special needs housing development, as defined in section 51312 of the Health and Safety Code. The development must have either paratransit service or unobstructed access, within one-half (1/2) mile, to fixed bus route service that operates at least eight (8) times per day.

c. If the total number of parking spaces required for the development is other than a whole number, the number will be rounded up to the next whole number.

d. A development may provide onsite parking through tandem parking or uncovered parking on the development site.

e. This section does not preclude the city from reducing or eliminating a parking requirement for development projects of any type in any location.

f. If the city or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, the city may impose a higher standard not to exceed the standard described in 9-1C-6.L.14.a, based upon substantial evidence found in the parking study that includes, but is not limited to:

• (1) An analysis of parking availability.

• (2) Differing levels of transit access.

• (3) Walkability access to transit services.

• (4) The potential for shared parking.

(5) The effect of parking requirements on the cost of market-rate and subsidized developments.

(6) The lower rates of car ownership for low- and very-low income individuals, including seniors and special needs individuals.

(7) The city must pay the costs of any new study and must make findings, based on a parking study completed in conformity with this section, supporting the need for the higher parking ratio.

14. Enforcement of Affordability and Eligibility: Before issuance of a building permit for a development with a density bonus for provision of rental units affordable, as defined in the Health And Safety Code sections 50053 and 50052.5, to low and/or very low income households, a covenant or other document approved by the city attorney will be recorded and must ensure that the dwelling units affordable to low and/or very low income households are at all times rented or sold at a price affordable to such households with the applicable income level for at least fifty-five (55) years, all in a manner consistent with the applicable provisions of Government Code section 65915(c).

15. Recapture of Financial Interest: A covenant or other document satisfactory to the city attorney must be recorded before issuance of a building permit, which must ensure that for-sale very low, low, or moderate income density bonus units are offered and initially occupied by persons or families at a very low, low, or moderate income level, as defined in section 50052.5 and 50053 of the state Health and Safety Code. Very low, low, or moderate-income units may be offered for subsequent sale to an above very low, low, or moderate-income purchaser; provided that the sale will result in a recapture by the city, as follows:

a. Upon resale, the seller of the unit must retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city will recapture any initial subsidy and its proportionate share of appreciation.

b. The city's initial subsidy must be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale will be used as the initial market value.

c. The city's proportionate share will be the ratio of the city's initial subsidy to the fair market value of the home at the time of initial sale.

d. The city's proportionate share must be used within five (5) years for any purposes that promote homeownership, as described in subdivision (e) of section 33334.2 of the state Health and Safety Code.

16. Ineligibility: An applicant will be ineligible for a density bonus or any other incentives or concessions under this section if a housing development or condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five (5)year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, consistent with California Government Code section 65915(c)(3).

17. Forfeiture of Funds: Any individual who rents out a dwelling unit in violation of this section will be required to forfeit all rents above the applicable affordable rate and any individual who sells a unit in violation of this section will be required to forfeit all profits from the sale exceeding the difference between the sale price and the applicable affordable sales price. Recovered funds must be deposited in a city fund that is intended to support development of affordable housing in the community.

18. Implementation: The city manager or the city manager's designee may adopt administrative procedures for implementation of this section.

(Ord. 13-972; amd. Ord. 19-1036; Ord. 20-1040U; Ord. 20-1048; Ord. 22-1068; Ord. 23-1069)

A. Violations:

1. Any person violating the provisions or failing to comply with any of the requirements of this zoning code will be guilty of a misdemeanor, except as specified in section 9-1C-6-M-4 Infractions.

2. Any person convicted of a misdemeanor, under the provisions of this Zoning Code, will be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the city or county jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

3. Each such person will be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this zoning code is committed, continued, or permitted by such person and will be punishable accordingly.

4. In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this Code will be deemed a public nuisance and may be abated in the manner provided by law as such. Every day such condition continues will be regarded as a new and separate offense.

• B. Abatement:

1. Any building or structure erected, built, moved, maintained or used, including the use of any property, contrary to the provisions of this Zoning Code following the effective date of this Zoning Code is hereby declared to be unlawful and a public nuisance.

2. The city attorney must, upon order of the city council, commence proceedings for the abatement and/or removal thereof, in the manner provided by law; the city attorney will take such steps as may be necessary to abate and remove such building, structure or use and restrain and enjoin any person from erecting, building, moving, or maintaining any such building or structure, or using any property contrary to any of the provisions of this chapter.

• C. Cumulative Remedies: All remedies provided for in this chapter will be cumulative and not exclusive.

D. Infractions: Pursuant to the provisions of Government Code section 36900, the city manager or other designated city official may enforce the first and second violations of this code as "infractions", while any subsequent violations will be deemed and enforced as "misdemeanors".

• E. Infraction Assessment:

1. A violation of any provisions of this Zoning Code expressly enforced as an infraction will be punishable by a fine not to exceed that allowable by California state law, as set forth by city council resolution.

2. Failure to pay any penalty assessment imposed pursuant to the provisions of this Zoning Code will constitute a separate misdemeanor violation. (Ord. 19-1036)