Division 10 — PRESERVATION, PROTECTION AND REMOVAL OF TREES

The purpose of this division is to provide protection for the trees of this City that are of historic, aesthetic or environmental importance. This section seeks to preserve the cultural and historic heritage that the City's trees represent; to maintain the scenic beauty of the City; and, by the conservation of energy, the abatement of soil and slope erosion, and the enhancement of air quality, to improve the environment of the City. These purposes will be accomplished by:

(a)

Identifying significant trees and heritage trees and establishing procedures to encourage their preservation;

(b)

Including consideration of existing trees and their protection in the review and implementation of development proposals;

(c)

Requiring permits for the removal of significant trees, heritage trees, and trees on public property except in emergencies; and

(d)

Requiring replacement planting when significant trees, heritage trees, and trees on public property are removed.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-258. - Definitions.

As used in this division:

Arborist shall mean a person who is a California Certified Arborist; a person accredited by the International Society of Arboriculture in California.

Caliper shall mean the maximum diameter of the trunk of a tree measured at four-and-one-half (4.5) feet above the natural grade. In the case of multi-trunked trees, "caliper" shall mean the sum of the calipers of each individual trunk measured at four-and-one-half (4.5) above grade.

Development activity means the work done pursuant to a development proposal approved by the City.

Development application is any application for a construction permit, precise plan of design, conditional use permit, variance, tentative subdivision map or a similar approval for the development of property.

Dripline shall mean an imaginary line on the ground, at the furthest extension of the canopy around the circumference of the tree. Typically, the dripline is not a perfect circle.

==> picture [192 x 140] intentionally omitted <==

Heritage tree shall mean any tree(s) identified as such by Planning Commission resolution upon the commission finding that the tree or group of trees:

(1)

Is of historical value because of its association with a place, building, natural feature, or an event of local, regional, or national historic significance;

(2)

Is identified on any historic or cultural resources survey as a significant feature of a landmark, historic site, or historic district;

(3)

Is representative of a significant period of the City's development; or

(4)

Is designated for protection or conservation in a Specific Plan, conditional use permit, precise plan of design, tract or parcel map or similar development approval.

Heritage tree shall also mean any native Southern California black walnut tree species (Juglans californica).

(1)

This definition shall not affect those Southern California black walnut trees located on R-1 and R-A lots created by any subdivision approved and recorded prior to the effective date of the ordinance enacting this subsection or any parking lot where the City approved the planting of Southern California black walnut trees as part of an approved landscape plan.

(2)

Any Southern California black walnut tree located on those O-S (Open Space) lots created under the density transfer standards outlined in section 26-59, shall further be protected under the guidelines contained in this section.

Multi-trunked tree shall mean a tree with a division of its trunk at less than four-and-one-half (4.5) feet above natural grade.

Permit means a tree removal and/or relocation permit and pruning of any tree in the Oak family.

Protection shall mean the safeguarding of trees through proper maintenance, pruning, treatment, fertilizing, feeding, and any other necessary means (standards of California Certified Arborists).

Public tree means any tree planted in or upon any street, park, parkway or public place in the City.

Removal means the uprooting, cutting, or severing of the main trunk of the tree or any act which causes, or may be reasonably expected to cause a tree to die or to be seriously damaged. These acts include, but are not limited to, damaging the root system by machinery, storage of materials within the dripline, soil compaction within the dripline, substantially changing the grade around the root system or trunk, excessive pruning, paving with concrete, asphalt, or other inadequate irrigation; or by attachment of signs or artificial material piercing the bark of the tree by means of nails, spikes or other piercing objects.

Significant tree is a tree located on private and/or public property that meets one (1) or more of the following requirements:

(1)

is located in the front yard of a lot or parcel and has a caliper of one (1) foot or more;

(2)

is located in the street-side yard of a corner lot and has a caliper of one (1) foot or more;

(3)

is located anywhere on a lot, has a caliper of six (6) inches, or more, and is one of the following species:

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

No person, firm or corporation shall remove, relocate, or destroy any significant tree on private or public property within City limits (including an applicant for a building permit) without first obtaining a tree permit from the Community Development Director or their designee. Any significant tree located in or on public property requires a tree permit approval from the Public Services Department.

(b)

No person, firm or corporation shall remove, relocate, or destroy any heritage tree on private or public property within City limits (including an applicant for a building permit) without first obtaining a tree permit from the Planning Commission and/or the Public Services Department. The required mailing labels for the five-hundred-foot (500) property owner notification shall be supplied by the applicant.

(c)

No person shall prune or trim more than twenty (20) percent of live foliage or limbs from any oak tree as defined in this article, or cause the same to be done, unless tree permit is first obtained from the planning division (on private property, or from the public services department (public property). Pursuant to chapter 24 of this Code no unauthorized person shall remove, destroy, prune, or trim any portion of any tree located in or on public property. In addition, any tree with a caliper of one (1) foot or larger located on public property requires a tree permit approval from the public services department.

(d)

No tree permit shall be issued for the removal of any heritage tree or significant tree on any lot associated with a development application, unless all discretionary approvals have been obtained from the City.

(e)

No tree permit shall be issued to remove any Oak (Quercus) which is greater than three (3) feet in caliper if the purpose of the removal is to change the landscape design or for a driveway approach.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-260. - Exceptions to permit requirements.

No permit shall be required for:

(a)

Emergency or routine trimming or pruning of trees located on private or public property to protect or maintain overhead public utility lines, existing subsurface water, sewer or utility lines.

(b)

Emergency removal of damaged parts of a tree which has sustained an injured trunk, broken limbs, or uprooting as a result of storm damage or other natural disaster or catastrophe, which create a hazard to life or property.

(c)

When a written determination has been made by the public services department and/or City arborist, after visual inspection and scientific evaluation, that the tree is so diseased or damaged that it is no longer viable or is a threat to other protected plant species.

(d)

Trees planted, grown, and/or held for sale by licensed nurseries and/or tree farms or the removal or transplanting of such trees pursuant to the operation of a license nursery and/or tree farms.

(e)

Trees within existing or proposed public rights-of-way where their removal or relocation is necessary to obtain adequate line-of-sight distances as required by the City Engineer or poses a threat to public health, safety, and welfare.

(f)

Trees which, in the estimation of the City Engineer, will cause damage to existing public improvements.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-261. - Application and fees.

An application for a tree permit shall be filed with the planning division (located on private property) and/or public services (located on public property). The application shall be on the forms prescribed by the City and shall be accompanied by the fee established by City Council.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-262. - Permit procedure.

(a)

Private property. Where an application for a tree permit is filed on private property the following procedure is hereby established:

(1)

Upon receipt of the application, the Community Development Director or their designee shall investigate the site and evaluate the request. The decision to issue or deny the permit and any conditions of the permit shall be based on the following criteria:

a.

The condition of the tree(s) with respect to disease, damage, danger of collapse of all or any portion of the tree(s), proximity to an existing or proposed primary structure, and interference with utility services, age or remaining life span and whether or not the tree acts as a host for a plant which is parasitic to other species of trees which are in danger of being infested.

b.

Where, upon taking into consideration the size, shape, topography and existing trees upon the lot, the denial of the permit would create an unreasonable hardship on the property owner (i.e., prohibit the construction of a primary structure or deny a property right possessed by other property in the same vicinity and zone).

c.

The number, species, size, and location of existing trees in the area and the effect of the requested action in terms of providing shade, protection from wind, air-pollution reduction, historic value and scenic beauty upon the health, safety, aesthetics, and general welfare of the area or neighborhood.

d.

The topography of the lot or parcel and the effect of the requested action on erosion, soil retention, water retention, and diversion or increased flow of surface water.

e.

Whether or not such tree(s) is required to be preserved by any precise plan or other approved plans on record.

(2)

Subsequent to investigation:

a.

Significant trees: The Community Development Director or their designee may approve, conditionally approve, or deny the tree permit.

b.

Heritage trees: The Planning Commission may approve, conditionally approve, or deny the removal application (in case of pruning, the Community Development Director or their designee may approve, conditionally approve, or deny the application).

(3)

Any conditions deemed necessary to implement this regulation, include, but are not limited to:

a.

Replacement of the removed or cut down tree(s) with a tree(s) of comparable species, size, and condition as determined by the Community Development Director or their designee in the case of significant trees and the Planning Commission in the case of heritage trees.

b.

The relocating of the tree(s) on-site or off-site provided that the owner or applicant submit a report from an arborist describing the relocation method and shall provide the City with a five (5) year survival guarantee. Should the tree(s) not survive the survival period, replacement shall occur in accordance with section 26263.

c.

Payment of the proper restitution value of the tree(s), or donation of a boxed tree(s) to the City or other public agency to be used elsewhere in the community should a suitable replacement location of the tree(s) not be possible on-site or off-site.

(4)

Associated with a development application. Where an application for a tree permit is associated with a development application that requires a public hearing, the following procedure is hereby established:

a.

Upon receipt of the application, the Community Development Director or their designee or designee shall investigate the site and evaluate the application on the basis of the following criteria:

1.

The condition of the tree(s) with respect to disease, damage, danger of collapse of all or any portion of the tree(s), proximity to an existing or proposed primary structure, and interference with utility services, age, or

remaining life span and whether or not the tree acts as a host for a plant which is parasitic to other species of trees which are in danger of being infested.

2.

The number, species, size, and location of existing trees in the area and the effect of the requested action in terms of providing shade, protection from wind, air-pollution reduction, historic value and scenic beauty upon the health, safety, aesthetics, and general welfare of the area or neighborhood.

3.

Whether or not the removal of the tree(s) is necessary to construct required improvements within the public street right-of-way or within a flood-control or utility right-of-way.

4.

Whether or not the tree(s) could be preserved by pruning and proper maintenance or relocation rather than removal.

5.

The necessity to remove the tree(s) in order to construct improvements which would allow economic enjoyment of the property.

6.

Whether or not such tree(s) constitutes a significant natural resource of the City, or is designated as a heritage tree.

(5)

The Community Development Director or their designee, or designee, shall complete the site investigation and make a report to the Planning Commission. The Planning Commission shall review the tree permit and said report at the same time as the development application, and shall conduct a public hearing when required. Said permit shall be considered concurrently with the development application.

(6)

Permit notification. The public hearing notification required by section 26-187 shall include a description of the tree permit request.

(7)

The Planning Commission shall approve, conditionally approve, or deny the application to remove or relocate any significant tree(s) or any heritage tree(s). The Planning Commission may impose conditions deemed necessary, including, but not limited to:

a.

Replacement of the removed tree(s) with a tree(s) of comparable species, size and condition as determined by the Planning Commission.

b.

The relocating of the tree(s) on-site or off-site provided that the owner or applicant shall retain an arborist who shall submit a report to the Community Development Director or their designee which describes the relocation method, whether location is favorable to the survival of the tree and shall provide the City with a five (5) year survival guarantee. Said arborist shall supervise all pruning and relocation procedures. Should the tree(s) not survive the survival period, replacement shall occur in accordance with section 26-263. A bond shall be posted with the City to ensure conformance with this regulation.

(b)

Public property trees. The provisions outlined in chapter 24, article II of this Code shall be observed except in the case when significant trees, heritage trees, or any tree with a caliper of one (1) foot or larger located on public property, is affected. In these cases, a tree permit application is necessary and the following additional procedures are hereby established:

(1)

Significant trees. A tree permit for any significant tree is subject to the public services department. The decision to issue or deny the permit is subject to the criterium and condition outlined in section 26-262(a) (1).

(2)

City trees. A tree permit for any public tree which has a caliper of one (1) foot or more, is subject to approval from public services department. The decision to issue or deny the permit is subject to the criterium outlined in section 26-262(a)(1) and conditions deemed necessary as per section 26-262(a)(2).

(3)

Heritage trees. A tree permit, and mailing labels for the five hundred foot (500) radius property-owner notification requirement, for any heritage tree is subject to the approval by the City Council. The decision to issue or deny the permit is subject to the criterium outlined in section 26-262(a)(1) and any conditions deemed necessary as per section 26-262(a)(2).

(c)

Appeal procedure. Appeals may be filed per the requirements of section 26-193 of this chapter.

(d)

Approval period. Tree-removal permits shall be effective following the appeal period and shall be valid for a period of ninety (90) days, subject to extension. Where the tree permit is associated with a development application, the tree permit shall expire on the same expiration date as the said development application.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

The following protective measures shall be exercised by all individuals, developers, and contractors working near preserved trees. All construction shall preserve and protect the health of trees to remain, relocated trees, and new trees planted to replace those removed in accordance with the following:

(a)

No grading, construction, or construction-related activities shall occur within the dripline of a significant tree or a heritage tree. Construction-related activities include, but are not limited to, the storage of materials, grade changes, or attachment of wires to or around tree trunks, stems or limbs.

(b)

Significant trees and heritage trees shall be shielded from damage during construction with an appropriate construction barrier, such as chain link and steel stake fence enclosing the entire dripline area. All exposed roots shall be inside the fence or barrier. The fence or barrier shall have a minimum height of six (6) feet measured from the grade. In all cases where a fence or barrier is to be used around a protected tree, the

fence or barrier shall be installed prior to commencement of any development activity on the site and shall remain in place throughout all phases of construction. Fences may not be removed without obtaining written authorization from the Community Development Director or their designee.

(c)

No structure or impervious paving shall be located within the dripline or within a six (6) foot radius of the trunk perimeter, whichever is greater, of any significant tree or heritage tree, unless approved as part of a tree permit. A tree with a caliper of thirty (30) inches or more shall require additional space as determined by the Community Development Director or their designee, Public Services Department, or City arborist.

(d)

Branches that could be injured by vehicles or that interfere with the development activity may be pruned to the satisfaction of the Community Development Director or their designee, public services department, or City arborist.

(e)

No compaction of the soil within the dripline of any tree shall be undertaken, unless approved as part of a tree permit.

(f)

No construction, including structures and walls, that disrupts the root system shall be permitted, unless approved as part of a tree permit. As a guideline, no cutting of roots should occur within a distance equal to three and one-half (3½) times the trunk diameter, as measured at ground level. Actual setback may vary to meet the needs of individual tree species as determined by the Community Development Director or their designee, public services department, or City arborist. Where some root removal is necessary, the tree crown may require thinning to prevent wind damage.

(g)

The required landscape and irrigation plan shall be tailored per the needs of retained trees, as specified by a tree arborist. Trees of the oak family must be on a separate irrigation timer, or as specified by a tree arborist.

(h)

The Community Development Director or their designee may impose additional measures determined necessary to preserve and protect the health of trees to remain, relocated trees, and new trees planted to replace those removed.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Violation of any section of this division shall constitute a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not to exceed six (6) months, or both such fine and imprisonment. Each tree removed in violation of this division shall constitute a separate offense.

(b)

Violators may also be required to replace the tree(s) with a tree(s) of comparable size, type and condition as determined by the Community Development Director or their designee and in appropriate cases, the public works director.

(c)

In addition to the penalties imposed by subsections, (a) and (b) above, any person who destroys, removes or damages a significant tree or a heritage tree without a permit in circumstances in which a permit application has been denied, or would have been denied, shall be liable to the City for a civil penalty in an amount equal to the tree's full restitution value.

(d)

A building permit shall be deemed invalid or held by an official notice to stop work until either subsection (a) and/or (b) is effected.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 11. - ENVIRONMENTAL ASSESSMENT GUIDELINES AND PROCEDURES

Sec. 26-265. - To be in accordance with City standards.

Environmental assessment guidelines and procedures for the evaluation of the environmental impact of proposed public or private projects shall be established by a resolution of the City Council.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 12. - REVOCATION PROCEDURES

The provisions of division 12 shall apply to the revocation of conditional use permits, administrative permits, variances, or minor modifications. Revocation shall include amendment or modification of a permit which may result from a revocation proceeding.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-267. - Revocation hearing body.

(a)

The Planning Commission shall hear revocation proceedings for all permits and approvals issued by the Community Development Director or their designee.

(b)

The Planning Commission shall hear revocation proceedings for all permits and approvals issued by the Planning Commission, either in its initial hearing capacity, or on appeal to the Planning Commission.

(c)

The City Council shall hear revocation proceedings for all permits and approvals issued by the City Council, either in its initial hearing capacity, or on appeal to the City Council.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-268. - Grounds for revocation.

The hearing body may revoke, amend or suspend a conditional use permit, administrative permits, variances, or minor modifications ("permit") upon finding that:

(a)

The use is detrimental to the public health, safety or welfare or is a nuisance; or

(b)

The permit was obtained by fraud; or

(c)

The use has not been exercised prior to the expiration date of the permit; or

(d)

The use has ceased or been suspended for a period of six (6) months or more; or

(e)

The conditions of approval have not been complied with; or

(f)

The required findings for the permit have been violated; or

(g)

The use is not being operated in the manner or for the purpose contemplated by the approval of the permit.

(h)

The development entitlement dependent thereon has been revoked or suspended.

(i)

The use is being operated in violation of any federal, state or local law which results in detriment to the public health, safety or welfare.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-269. - Initiation of revocation processing.

Revocation proceedings may be initiated by a majority vote of a quorum of the City Council or the Planning Commission or by the Community Development Director or their designee.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-270. - Notice of hearing.

(a)

Notice of a revocation hearing for a conditional use permit or variance shall be given as follows:

(1)

Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency 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.

(2)

A notice of public hearing shall be mailed to the permittee or his/her agent, the owner of the property and owners of all property within a radius of five hundred (500) feet of the exterior boundaries of the property under consideration, using for this purpose the name and address of such owners as shown upon the latest available assessment rolls of the county assessor. A one thousand (1,000) feet notification radius is required for revocation of public utility entitlements. The notices shall be mailed at least ten (10) days prior to the date of the public hearing.

(3)

A public hearing notice shall be posted on the City's website at least ten (10) days prior to the public hearing.

(4)

A public hearing notice shall be published in a newspaper of general circulation at least ten (10) days prior to the public hearing. The advertisement shall be at least one-eighth (⅛) page.

(5)

The cost of noticing shall be paid by the City.

(6)

In addition to the repaired notification above, a public notice shall be posted on site of the subject property.

(c)

Notice of a revocation hearing for an administrative review shall be given as follows:

(1)

A notice of public hearing shall be mailed to the permittee or his/her agent, the owner of the property and owners of all property within a radius of five hundred (500) feet of the exterior boundaries of the property under consideration, using for this purpose the name and address of such owners as shown upon the latest available assessment rolls of the county assessor. The notices shall be mailed at least ten (10) days prior to the date of the public hearing.

(2)

The cost of noticing shall be paid by the City.

(d)

Notice of a revocation hearing for an administrative permit shall be given as follows:

(1)

Notices shall be mailed to the permittee, property owners of the subject site, and all owners of properties within a radius of five hundred (500) feet of the exterior boundaries of the subject site. The notices shall be mailed at least ten (10) days prior to the date of the public hearing.

(2)

The cost of noticing shall be paid by the City.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 40, 3-18-25)

Sec. 26-271. - Contents of hearing notice.

The notice of revocation hearing shall be in writing and shall contain at least the following information:

(a)

The street address and general description of the property or premises for which the permit has been issued. A map may be included.

(b)

The name of the permit holder.

(c)

A description of the type of permit and a general description of the activities approved by the permit.

(d)

A statement that the hearing will consider revocation of the permit, or in the alternative alteration or modification of the permit and/or the conditions of the permit.

(e)

The date, time, and location of the hearing.

(f)

The grounds for the revocation of the permit.

(g)

A statement that the permittee may represent himself/herself/themselves, or be represented by legal counsel or any other person of his/her choice.

(h)

A statement that the permittee may present evidence, testimony, and witnesses in defense of the revocation of the permit.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-272. - Conduct of the hearing.

(a)

Revocation hearings shall be noticed public hearings open to public participation.

(b)

The hearing body shall act as an independent arbiter in the conduct of the hearing, procedures, presentation of evidence, review of evidence and issuing a decision. The chairperson/mayor shall make determinations on procedure, witnesses, and evidence. The chairperson/mayor may be assisted by a member of the City Attorney's office or other counsel who has not participated in the preparation or presentation of the cause for revocation of the permit.

(c)

The City staff, City Attorney or other City representative shall first present the evidence for the cause for revocation. After the City presentation is complete, the permittee may present evidence in opposition to revocation. After the City representative and the permittee have completed their presentations, members of the public may speak for or against the revocation. The order and timing of presentations may be altered by the hearing body in the interests of an orderly, timely and fair hearing or for the reasonable convenience of the witnesses or parties. The hearing board may continue the hearing from time-to-time without further public notice.

(d)

Formal rules of evidence need not be followed. All witnesses shall be sworn or unsworn at the discretion of the hearing body.

(e)

Cross-examination of witnesses is not required unless, in the discretion of the hearing body, cross-

examination is necessary to provide a fair hearing and due process of law. Cross-examination of members of the public who speak shall not be allowed unless the hearing body determines that cross-examination is necessary to avoid a prejudicial denial of due process.

(f)

Documents should be identified and labeled in an orderly fashion when submitted to the hearing board.

(g)

The hearing board shall tape record the oral proceedings before the hearing board. The tape recordings shall be maintained for thirty (30) days after the time for any appeal has expired. If a timely appeal is not filed, the tape recordings may be destroyed.

(h)

All documents, testimony, and other evidence presented to and accepted by the hearing board shall constitute the administrative record upon which the hearing board shall make its decision. The administrative record shall include evidence submitted to the hearing board but not accepted by the hearing board.

(i)

The representatives of the cause for revocation shall be allowed to present final argument to the hearing board followed by final argument by the representative for the permittee. Rebuttal argument or re-rebuttal argument shall only be allowed at the discretion of the hearing board.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-273. - Decision of the hearing board.

(a)

At the conclusion of the hearing, or at any time thereafter, the hearing board shall deliberate the merits of the cause for revocation. Deliberations of the hearing board shall be conducted at a meeting open to the public, but need not be conducted at a noticed public hearing. Deliberations shall be solely among the hearing board members unless the hearing board invites other persons to participate.

(b)

The hearing board may revoke the permit, amend, alter, or modify the permit or impose new or additional conditions, all as reasonably related to mitigation or elimination of the grounds asserted for the revocation.

(c)

The decision of the hearing board shall be in writing, supported by findings, and approved by the hearing board within thirty (30) days of the close of the hearing, or at the next regular meeting of the hearing board immediately following such thirty (30) day period.

(d)

Upon approval of the decision by the hearing board, the decision shall be sent to the permittee by mail, fax or email.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-274. - Appeal of hearing board decision.

(a)

Appeals from decisions of the Planning Commission sitting as the revocation hearing board may be submitted to the City clerk by any interested party within ten (10) days of approval of the written decision of the hearing board. If the tenth day falls on a day when City Hall is not open the appeal may be made on the next business day. Decisions of the City Council sitting as the revocation hearing board are not appealable.

(b)

The appeal must be in writing, must include specific reasons for the appeal, and must be accompanied by the fee set by City Council resolution for such appeal. Such an appeal suspends and sets aside the decision of the lower authority.

(c)

Within five (5) working days of the receipt of the appeal the City clerk shall estimate the cost of preparation of the administrative record and send written notice to the appealing party that they must deposit one-half (½) of the estimated cost of preparation of the administrative record with the City clerk within ten (10) calendar days of the mailing date of the notice. Failure of the appealing party to timely deposit such onehalf (½) of the estimated cost shall be a waiver and termination of the appeal.

(d)

The cost of preparation of the administrative record shall include costs of preparation and duplication of all documentary and tangible evidence and the transcription of the oral portion of the hearing. The

transcription of the oral portion of the hearing shall be performed by an independent professional transcription service chosen by the City clerk.

(e)

Upon the completion of the preparation of the administrative record, including the transcription of the oral proceedings, the City clerk shall determine the actual costs of preparing the administrative record. Upon such determination of costs the City clerk shall send written notification of the actual costs of the preparation of the administrative record to the appealing party. The notice shall advise the appealing party that it must pay one- half (½) of the actual costs of preparation of the administrative record within ten (10) calendar days of sending of the notification, and that if such payment is not timely received by the City clerk, the appeal will be deemed waived and terminated. If the deposit of the estimated cost of preparation of the administrative record meets or exceeds the actual cost, payment will be deemed to have been timely made, and any overage will be refunded to the appealing party.

(f)

Upon receipt of the required payment from the appealing party the City clerk shall send written notice of the time and place of the review of the appeal by the City Council to the appealing party and the City's representative. The appeal shall be heard by the City Council within forty (40) calendar days of the payment of the required fees, or such additional minimal time as needed to meet the schedule of available City Council meetings. The notice shall contain:

(1)

The time and location of the City Council meeting at which the appeal will be reviewed.

(2)

The name of the appealing party and the name of the permittee.

(3)

The address of the property, if any is involved in the appeal.

(4)

A statement that the appealing party may present written or oral argument to the City Council based on the administrative record. Written arguments must be filed with the City clerk and received by the other parties to the appeal at least fifteen (15) calendar days prior to the date of the City Council meeting. Written rebuttal arguments by any party to the appeal must be filed with the City clerk and delivered to all other parties to the appeal at least seven (7) calendar days prior to the date of the City Council meeting. Oral argument and rebuttal argument may be presented at the City Council meeting.

(g)

The City Council shall determine the appeal based on their review of the administrative record. The review shall occur at a regularly noticed City Council meeting and shall not require a noticed public hearing. The appealing party shall be given the opportunity to present written or oral arguments to the City Council. The

City's representative shall be given the opportunity to present written or oral rebuttal argument to the City Council.

(h)

If the appealing party is not the permittee or there is more than one (1) appealing party, the following rules shall apply:

(1)

The appealing party, the permittee and the City shall be referred to as "parties to the appeal."

(2)

Each party to the appeal shall pay their proportionate share of the cost of preparation of the administrative record. If the appealing party does not timely pay their proportionate share of such costs, the appeal shall be waived and terminated. If any other party to the appeal does not timely pay their share of such costs, the non-paying party shall not be entitled to participate in the appeal process, but shall remain liable to the City for their share of the costs of preparation of the administrative record.

(3)

All notices shall be sent to all parties to the appeal.

(4)

Arguments may be presented by the appealing party, and rebuttal arguments may be presented by any other parties to the appeal. All written arguments and rebuttal arguments shall be delivered to all other parties to the appeal.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-275. - Decision of the City Council on appeal.

(a)

At the conclusion of the meeting, or at any time thereafter, the City Council shall deliberate the merits of the cause for the appeal. Deliberations of the City Council shall be conducted at a meeting open to the public, but need not be conducted at a noticed public hearing. Deliberations shall be solely among the City Council members, unless the City Council invites other persons to participate.

(b)

The City Council may revoke the permit, amend, alter, or modify the permit or impose new or additional conditions, all as reasonably related to mitigation or elimination of the grounds asserted for the revocation.

(c)

The decision of the City Council shall be in writing, supported by findings, and approved by the City Council within thirty (30) days of the close of the meeting, or at the next regular meeting of the City Council

immediately following such thirty (30) day period.

(d)

Upon approval of the decision by the City Council, the decision shall be sent to the permittee by mail, fax or email.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-276. - Termination of proceedings.

(a)

The Community Development Director or their designee may recommend to the hearing body termination of the revocation proceedings anytime during the hearing process or the appeal process if the Community Development Director or their designee determines that:

(1)

The grounds for the revocation have been satisfactorily corrected by the permittee.

(2)

The permittee has voluntarily ceased the use for which the permit was issued.

(3)

The permittee has ceased the activity which was the grounds for the revocation and provided a written relinquishment of the permit to the Community Development Director or their designee.

(4)

The permittee has reached a written settlement agreement with the City which will protect public health, safety, and welfare.

(5)

There exists other good cause for termination of the revocation proceedings.

(b)

After due consideration of the recommendation of the Community Development Director or their designee, the hearing body may approve the termination of the revocation proceedings by a majority vote of a quorum of the hearing body.

(c)

The hearing body may, on its own initiative, and for good cause, terminate any revocation proceedings by a majority vote of a quorum of the hearing body.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 13. - PLANNING COMMISSION SUBCOMMITTEE FOR DESIGN REVIEW

(a)

The purpose of design review of single-family residences is to ensure quality development, promote orderly development of the City, conserve property values, preserve the architectural character of an area, and to promote harmonious design that is complimentary to adjacent properties.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-278. - Subcommittee created.

(a)

A subcommittee of the Planning Commission shall be established consisting of two (2) members of the Planning Commission to be appointed by the chair of the Planning Commission. An alternate subcommittee member shall be appointed by the chair to serve in the event that one (1) of the two (2) members is absent.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

The subcommittee shall meet regularly in open meeting at a time to be determined by the subcommittee.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-280. - Review required.

(a)

No building permit shall be issued for the following types of improvements to single-family residences prior to subcommittee review:

(1)

New construction of single-family residences.

(2)

Structural additions or modifications on the front elevation of a residence.

(3)

New second-story additions to one-story residences.

(4)

New second-story additions to two-story houses.

(5)

New balconies.

(6)

Any modifications that is readily visible from a public right-of-way.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-281. - Review authority.

(a)

The subcommittee may approve, conditionally approve, forward the project to the Planning Commission, or disapprove applications.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-282. - Basis for approval.

(a)

The subcommittee shall consider the following criteria:

(1)

New development, or alterations of existing development should utilize building materials, color schemes, roof style, and architecture that is visually harmonious with the subject property and surrounding neighborhood.

(2)

Vertical and horizontal articulation of building facades should be used to avoid long, uninterrupted exterior walls on residences. All structures should have relief to create an interesting blend and enhance the architecture.

(3)

Roof lines should be reasonably compatible with the design and scale of surrounding structures. Vertical and horizontal roof articulation is encouraged to avoid long monotonous, flat sections of roof.

(4)

The scale and mass of the building should relate to surrounding structures. The height and bulk of the building should be in scale with buildings on surrounding sites and should not visually dominate their sites or call undue attention to themselves.

(5)

The buildings should include a variety of materials and colors. Materials shall be consistently applied and should be chosen to be harmonious with surrounding structures. Piecemeal embellishments and inconsistent materials and architecture should be avoided.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-283. - Notice of action.

(a)

The planning director shall notify the applicant of the decision of the subcommittee within ten (10) days of the decision. The notification shall be in writing and state the reasons for approval, conditional approval, denial or transfer to the Planning Commission.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-284. - Appeal.

(a)

Any decision by the subcommittee may be appealed by the applicant to the Planning Commission. A written appeal shall be filed with the planning director within ten (10) days after a written decision is mailed to the applicant.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-285. - Expiration.

(a)

Building permits to construct improvements approved by the subcommittee shall be issued within one (1) year of the date of approval or the approval will automatically expire.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

ARTICLE VII. - DEVELOPMENT CODE ADMINISTRATION DIVISION 1. - AMENDMENTS

(a)

The purpose of this article is to set forth the general provisions established by the City of West Covina for the administration of the Development Code and the implementation of the General Plan.

(b)

Whenever the public necessity, convenience, general welfare, or good zoning practice require, the council may amend, supplement, or change the regulations, zone boundaries, or classifications of property, now or hereafter established by this chapter.

(c)

Amendments, supplements or changes to this chapter and/or the official zoning map which:

(1)

Change any property from one zone to another; or

(2)

Add, modify, or remove any regulations pertaining to the use or development of property shall be initiated and adopted in accordance with the procedures stated in this article.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-287. - Initiation.

(a)

Amendments of this chapter and/or the official zoning map that change any property from one zone to another may be initiated by:

(1)

The verified application of one (1) or more owners of property proposed to be changed or reclassified, or by a purchaser or lessee with consent of the owner.

(2)

Resolution of the City Council.

(3)

Resolution of the Planning Commission.

(b)

Amendments, supplements, or changes to this chapter other than the change of property from one zone to another may be initiated by:

(1)

Applicant.

(2)

Resolution of the City Council.

(3)

Resolution of the Planning Commission.

(4)

Community Development Director.

(5)

City Attorney.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 41, 3-18-25)

Sec. 26-288. - Application.

(a)

A qualified applicant shall submit an application for a zoning amendment on a form prescribed by the Community Development Director or their designee accompanied by the required fee. The Community Development Director or their designee may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

(b)

The Community Development Director or their designee may allow any necessary applications for amendments to zoning regulations or for approval under the requirements of this Ordinance to be processed simultaneously with the proposed zoning amendment.

(c)

A General Plan amendment application shall be submitted for concurrent processing for zoning amendments that are not in conformance with the General Plan.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-289. - Noticing and public hearing procedures.

Notice and hearings regarding an application for an amendment shall be provided in compliance with article VI, division 1.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-290. - Planning Commission action.

(a)

The Planning Commission shall conduct a public hearing in conformance with article VI, division 1.

(b)

Following the public hearing, the Planning Commission shall make a recommendation on the proposed zoning amendment to the City Council. Such recommendation shall include the reasons for the recommendation, and the findings related to the criteria for zoning amendments in section 26-292 (findings) and shall be transmitted to the City Council.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

After receiving the report from the Planning Commission or a written request from an interested party pursuant to article VI division 1, the City Council shall hold a duly-noticed public hearing. The planning division shall provide notice consistent with section 26-187. The notice shall include a summary of the Planning Commission recommendation.

(b)

After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 42, 3-18-25)

Sec. 26-292. - Findings.

An amendment to the zoning map, or this chapter may be approved only if all of the following findings can be made in a positive manner, as applicable to the type of amendment. It is the responsibility of the applicant to establish evidence in support of the required findings.

(a)

Mandatory findings required for all Development Code amendments.

(1)

The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan, and, in the case of a zoning code amendment, will not create any inconsistencies with this chapter.

(2)

The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City.

(3)

The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

(b)

Additional findings for zoning map amendments.

(1)

The site(s) is/are physically suitable (including access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)