Division 2 — NONCONFORMING PARCELS

Sec. 26-174. - Continuation of nonconformities.

The following shall apply to all nonconforming parcels existing at the effective date of this Development Code Ordinance or at the effective date of any subsequently adopted ordinance or regulation, unless said

ordinance or regulation expressly provides otherwise.

(a)

Any improved nonconforming parcel may not be further developed with any additional structure. Any existing structures on a nonconforming parcel shall be considered a nonconforming structure and be subject to the provisions of this article.

(b)

Any lawfully created parcel that becomes nonconforming with regard to parcel area, street frontage, parcel width, parcel depth, or accessibility may continue indefinitely with such nonconformity and may be developed and use as if it were a conforming parcel.

(c)

Exemptions to the requirements of this section shall apply to parcels that are:

(1)

Public utility parcels so long as said parcels are directly involved in providing public utility services.

(2)

A parcel made nonconforming solely by reason of a dedication to or acquisition by the City or other governmental agency, directly or by eminent domain, for a public purpose; or

(3)

An undeveloped parcel which was lawfully created but by reason of any subsequently adopted ordinance or regulation does not allow to conform to the provisions of this code applicable to the zone in which the parcel is situated.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 3. - NONCONFORMING SIGNS

Sec. 26-175. - General.

The following provisions shall apply to all identification signs, on-site commercial or industrial advertising signs, public or quasi-public directional signs, shopping center identification signs, shopping center directory signs, temporary real estate signs and temporary portable advertising signs in public parks, schools and playgrounds:

(a)

No lawful sign existing at the time of the passage of this Development Code shall be enlarged, altered, reconstructed or replaced unless the enlarged, altered, reconstructed sign or replacement sign conforms to all the provisions of this Development Code; provided, however, reasonable repair and maintenance shall be permitted.

(b)

The foregoing provisions shall also apply to nonconforming signs in districts hereafter changed or established and any time limit for the suspension of a nonconforming sign shall date from the date of the enactment of this Development Code or any amendment of district boundaries which may make the signs nonconforming.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 4. - NONCONFORMING STRUCTURES

Sec. 26-176. - Continuation of legal nonconforming structures.

The following shall apply to all nonconforming structures existing at the effective date of this division, or at the effective date of any subsequently adopted ordinance or regulation unless said ordinance or regulation expressly provides otherwise.

(a)

Any nonconforming residential structure in any residential zone may be continued and maintained, except as otherwise provided in this section, provided there is no physical change in the structure except for such repairs and maintenance as may be necessary for the structural integrity and safety of the structure, or as may be required by law, the applicability of which shall be determined by the Community Development Director or their designee, and which do not enlarge the structure, and further provided:

(1)

In the event of involuntary destruction of a nonconforming residential structure in a residential zone, the cost of reconstruction at the time of the involuntary destruction does not exceed fifty (50) percent of the cost of replacing the entire structure, as determined by subsection (d)(6) of this section, except as provided in subsections (a)(2) and (3) below.

(2)

In the event of involuntary destruction of a nonconforming residential structure as set out in subsection (a) (1) above, the structure may be rebuilt if the owner can demonstrate to the satisfaction of the Community Development Director or their designee, the following:

a.

Rebuilding will not enlarge the size of the structure nor increase the extent of non-conformance.

b.

The rebuilt structure will be appropriate to the site and be compatible with existing structures in the neighborhood; and

c.

The structure was properly maintained, as required by health, safety and building codes and other titles of this Code and Development Code, immediately prior to the destruction.

d.

Plans for reconstruction shall be submitted for plan-check within one (1) year from the date of destruction. The property owner shall remain active in pursuing the building permits. The building permits shall be obtained and construction commenced within six (6) months of building plan-check approval.

(3)

Nonconforming residential structures located in any residential or mixed-use zone involuntarily destroyed in whole or in part shall be exempt from the provisions of this division, except that reconstruction or repair shall not increase the size nor alter the configuration of the nonconforming structure, nor increase the extent of any nonconformity.

(4)

In no case shall a nonconforming residential structure located in any residential or mixed-use zone involuntarily destroyed in whole or in part be required to comply with the development standards and other requirements of the zoning designation in which the residential or mixed-use structure is situated.

(5)

In no case shall the passage of time, in and of itself, cause the termination of any nonconforming residential structure in any multi-family residential zone, unless the City Council shall make a subsequent determination to the contrary.

(6)

Any part of a structure housing a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used nor occupied by any nonconforming use.

(b)

Nonconforming nonresidential structures in any residential zone may be continued and maintained, except as otherwise provided in this subsection, and provided there is no physical change to the structure except for such repair and maintenance as may be required for the structural integrity of the structure, or as may be required by law as determined by the Community Development Director or their designee, which do not enlarge the structure; and further provided:

(1)

The entire structure does not remain unoccupied for six (6) consecutive months or more.

(2)

In the event of involuntary destruction of the structure, the cost of reconstruction does not exceed fifty (50) percent of the cost of replacing the entire structure, pursuance to subsection (d)(6) of this division.

(3)

Any part of the structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used by a nonconforming use.

(4)

In addition to the causes of termination set out in subsections (b)(1) and (2) of this section, a nonconforming non-residential structure in any residential zone shall be altered and converted to a conforming structure, or completely removed, when such structure as reached the age of forty (40) years, computed from the date the structure was constructed.

(5)

Plans for reconstruction shall be submitted for plan-check within six (6) months from the date of destruction. The property owner shall remain active in pursuing the building permits. The building permits shall be obtained, and construction commenced within six (6) months of building plan-check approval.

(c)

Nonconforming structures in nonresidential zones may be continued and maintained except as otherwise provided in this subsection, and provided there is no physical change in the structure except for such repairs and maintenance as may be necessary for the structural integrity and safety of the structure, or as may be required by law, the applicability of which shall be determined by the Community Development Director or their designee, and which do not enlarge the structure, and provided that:

(1)

Any nonconforming structure in a nonresidential zone shall terminate if the entire structure is unoccupied for six (6) consecutive months.

(2)

In the event of involuntary destruction, the nonconforming structure shall terminate if the cost of reconstruction at the time of the involuntary destruction exceeds fifty (50) percent of the cost of replacing the entire structure, pursuant to division (d)(6) of this section.

(3)

Any nonconforming structure shall terminate if there is physical deterioration of the structure requiring more than ordinary repair as may be necessary for structural integrity or safety as determined by the Community Development Director or their designee.

(d)

General provisions which shall apply to any nonconforming structure in any zone, unless specifically excluded by other provisions of this subsection, shall include:

(1)

Any structure or part of a structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used or occupied by a nonconforming use.

(2)

When a single project including, but not limited to, an apartment project, shopping center or mall, consists of two (2) or more separate buildings or structures situated on one (1) or more parcels, the nonconformity of any single building pursuant to this subsection shall be considered the nonconformity of that entire single project and the entire project shall be governed by the applicable provisions of this subsection.

(3)

Any reconstruction, maintenance, repair or alteration authorized or permitted by this subsection to any nonconforming structure must comply with all other applicable requirements of this code at the time such work is performed, and the extent of nonconformity may not be intensified, nor any other changes made in the size or configuration of the structure, except as specifically provided in this subsection.

(4)

Any nonconforming structure shall terminate if there is physical change to the structure other than such repairs as may be necessary to maintain the structural integrity or safety of the structure, but do not enlarge, increase the total floor area or alter the structure, and such alterations as may be required by law, the applicability of which shall be determined by the Community Development Director or their designee.

(5)

Any nonconforming structure involuntarily destroyed that is permitted to be reconstructed or repaired pursuant to this subsection, shall submit plans for reconstruction for plan-check within six (6) months from the date of destruction. The property owner shall remain active in pursuing the building permits. The building permits shall be obtained, and construction commenced within six (6) months of building plancheck approval. Otherwise, the legal nonconforming status of the structure shall be lost.

(6)

Whenever a determination of the cost of replacing a structure or the cost of reconstruction is required to be made, that determination shall be made by the Community Development Director or their designee, based on a current appraisal of the structure, provided at the owner's expense, by a California licensed and certified appraiser.

(7)

Repair or reconstruction of a damaged nonconforming structure shall not extend the specified termination date of the structure, nor of the existing use.

(8)

A nonconforming structure may be remodeled provided:

a.

There is no increase in the total size, the height or the useable floor area of the structure;

b.

There is no increase in the extent of nonconformity; and

c.

There is no new nonconformity created.

(e)

Exemptions to the requirements of this subsection shall apply to structures that are:

(1)

Public utility structures so long as said structures are directly involved in providing public utility services; or

(2)

A structure made nonconforming solely by reason of a dedication to or acquisition by the City or other government agency, directly or by eminent domain, for a public purpose.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 5. - NONCONFORMING USES

Sec. 26-177. - Continuation of legal nonconforming uses.

The following shall apply to all nonconforming uses existing at the effective date of this division or at the effective date of any subsequently adopted ordinance or regulation, unless said ordinance or regulation expressly provides otherwise.

(a)

Any nonconforming use within and/or in conjunction with a conforming structure may be continued and maintained except as otherwise provided in this division, and further provided:

(1)

There is no enlargement, alteration, addition or expansion of any portion of the structure in which the nonconforming use is situated, except for such repair as may be necessary for structural integrity or safety, or such alteration as may be required by law, the applicability of which shall be determined by the Community Development Director or their designee.

(2)

There is no addition to, nor intensification of, the nonconforming use.

(3)

There is no addition to, nor change to, any other nonconforming use.

(4)

The nonconforming use is maintained in compliance with the health and safety codes and other titles of the City code and ordinances.

(5)

The nonconforming use shall terminate if it is discontinued for a period of one hundred twenty (120) consecutive days or more.

(6)

A nonconforming use may be changed to another use if the proposed use is permitted in the zone in which the existing nonconforming use is situated and all requirements of this code in effect at the time of the proposed change in use are satisfied. Once changed, said nonconforming use may not be reestablished.

(7)

If the structure in which the nonconforming use is situated is involuntarily destroyed, in whole or in part, causing the involuntary discontinuance of the nonconforming use, the nonconforming use shall terminate if it has not been reestablished within one hundred twenty (120) days of completion of repair or reconstruction of the structure in which it was situated.

(b)

Any nonconforming use within and/or in conjunction with a nonconforming structure may be continued and maintained, so long as it complies with the provisions of subsection A of this section, and as otherwise provided in this subsection, and further provided:

(1)

If the nonconforming structure in which the nonconforming use is situated in is involuntarily destroyed, in whole or in part, causing the involuntary discontinuance of the nonconforming use, the nonconforming use shall terminate if it has not been reestablished within one hundred twenty (120) days of completion of repair or reconstruction of the structure in which it was situated.

(2)

A nonconforming use located in a nonconforming structure may be changed to another use if:

a.

The proposed use is permitted in the zone in which the existing use is situated;

b.

The proposed use will not require any enlargement nor alteration of the structure occupied by the proposed use; and

c.

The parking requirements in effect at the time of the change for the proposed use are satisfied.

(3)

The change of a nonconforming use situated in a nonconforming structure to a conforming use shall not extend the termination date of the nonconforming structure as provided in this subsection, nor in any subsequently adopted ordinance or regulation.

(4)

The nonconforming use shall terminate if it is discontinued for a period of one hundred twenty (120) consecutive days or more.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, §§ 36, 37, 3-18-25)

DIVISION 6. - ABATEMENT AND EXTENSION OF NONCONFORMING USES, STRUCTURES AND PARCELS

The abatement or extension of nonconforming uses, structures or parcel process is established to provide a means by which to establish the period within which a nonconforming use, structure or parcel must comply with current regulations of this title, and to allow for the extension of such abatement period.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

All uses, structures and parcels determined by the Community Development Director or their designee to be nonconforming shall require a hearing before the Planning Commission to establish the appropriate abatement period. Abatement periods may be extended by the Planning Commission. Early termination of a nonconformity may be initiated by order of the Planning Commission or City Council for public health, safety, and welfare purposes. Such actions shall be processed pursuant to standard procedures in this article and Development Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-180. - Required findings.

(a)

Abatement and extension.

(1)

In establishing the amortization period for a nonconforming use, structure or parcel, the Planning Commission shall consider competent financial data such as the depreciation schedule attached to the owner's latest federal income tax return. Findings shall be made as to whether or not the balancing of the

public interest and the request by the owner for continuance, alteration, or expansion of the nonconformity requires a deviation from the City's development standards.

(2)

To grant an extension to the abatement period for a nonconformity, the Planning Commission shall find that an unreasonable hardship would otherwise be imposed on the property owner if such an extension were not granted.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-181. - Conditions.

The Planning Commission may impose conditions to ensure maintenance of an equitable balance of the public interest and the interests of the property owner.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

ARTICLE VI. - PERMIT PROCESSING PROCEDURES DIVISION 1. - GENERAL PROVISIONS

Sec. 26-182. - Application forms and materials.

The Community Development Director or their designee shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this chapter. The director shall require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples, contextual drawings, massing diagrams and/or models, site development history information, and other items necessary or relevant (e.g., easements, prior site zoning) to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-183. - Applications a part of permanent record.

Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing, and shall become a part of the permanent official records of the agency to which application is made, and there shall be attached thereto and permanently filed with copies of all notices and actions with certificates or affidavits of posting, mailing or publications pertaining thereto.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-184. - Filing fees.

The City Council shall approve by resolution a municipal fee schedule that establishes fees for permits, appeals, amendments, informational materials, penalties, copying, and other such items. These fees may be amended by the City Council by legislation.

If, pursuant to the guidelines and procedures for evaluating environmental impacts of proposed projects, the Community Development Director or their designee declares that a proposed action is not categorically exempt from the provisions of the California Environmental Quality Act of 1970, the developer shall be required to pay the California Department of Fish and Wildlife and County recording fee established by a resolution of the City Council at the time the application to prepare or process required environmental impact documents is accepted.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-185. - Multiple applications.

(a)

Multiple applications needed for the same project (e.g., a precise plan and zone change) must be filed and processed concurrently.

(b)

When multiple applications for one (1) project are filed concurrently and subject to different approval authorities, the highest approval authority shall act on all the applications. If the different approval authorities are the Planning Commission and the City Council, the Planning Commission shall make a recommendation on the applications to the City Council.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-186. - Setting hearings.

(a)

All proposals for amending zone boundaries or classifications of property uses within such zones, General Plan amendments, conditional use permits, precise plans, amendments and rezones as are defined by this chapter, or the granting of variances (except minor modifications), as provided in this chapter, shall be set by the secretary of the Planning Commission for public hearing when such hearings are to be held before the Planning Commission, by the clerk of the City Council when such hearings are to be held by it.

(b)

All proposals requiring a hearing as provided in this article shall be considered by the Community Development Director or their designee in a public hearing when such hearings are to be held before. A hearing will only take place if a request for such hearing is made with the planning division within the ten (10) day public review period. If such a request is received, a notice shall be mailed in accordance with section 26-187. If no request for hearing is received within the stated time, the Community Development Director or their designee shall have the authority to approve, approve with conditions, or disapprove the proposal without benefit of a hearing. Conversely, the Community Development Director or their designee may elect to not rule on the proposal prior to noticing and transfer the matter directly to the Planning Commission, to be heard within thirty (30) days from the date this election by the Community Development Director or their designee is provided in writing to the applicant. All times as set out herein shall be calendar days unless otherwise indicated.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Notices of public hearing stating the type of application or nature of proposal, general description of property under consideration, and the time and place at which the public hearing is to be held shall be given in the following manner:

(1)

A reclassification of property from one zone to another, redesignation of a property from one General Plan land use designation to another, amendments to the Development Code, amendments to the General Plan text, or a development agreement shall require:

a.

Mailing Radius. A notice of public hearing shall be mailed to the applicant or his/her agent, the owner of the property and owners of all property within a radius of five hundred (500) feet from the property lines of the site 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 twenty (20) days prior to the date of the public hearing. If the number of owners to whom the notices would be mailed is greater than one thousand (1,000), or is a City-wide project involving text amendments to the Development Code and/or General Plan, in lieu of a mailed notice, the hearing notice shall be posted at City Hall and published at least twenty (20) days prior to the date of the public hearing on the following locations:

1.

The City's website.

2.

Newspaper of general circulation. The advertisement shall be at least one-eighth (⅛) page.

b.

Agency notification. Notice of the hearing shall be mailed or delivered at least twenty (20) 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.

c.

Postings. If the project is applicant driven, at least thirty (30) days prior to the date of the hearing, a public notice shall be posted at the project site per section 26-187(b), and at two other public places where public meeting agendas are posted. City-wide applications and/or projects, and City initiated zone changes

and/or General Plan land use designation changes are exempt from onsite posting requirements. City-wide applications involve Development Code and General Plan text amendments.

(2)

Entitlement applications for public utility facilities, including wireless telecommunications facilities, that require approval by the Planning Commission and/or City Council shall require:

a.

Onsite public postings. At least thirty (30) days prior to the date of the hearing, a public notice shall be posted at the project site per section 26-187(b), and at two (2) other public places where public meeting agendas are posted.

b.

Mailing radius. A notice of public hearing shall be mailed to the applicant or his/her agent, the owner of the property and owners of all property within a radius of one thousand (1,000) feet from the subject site's property lines, 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.

c.

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

d.

Agency notification. 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.

(3)

For administrative permits (if public notification and public hearing is required per use or by request):

a.

Mailing. A notice that describes the proposed project and indicates the length of the public review period (including the last date that a request for a public hearing may be given to the planning department) shall be mailed to owners of surrounding property as indicated below. The public review period shall extend for ten (10) days from the date that the initial notice was mailed. If a request for a hearing is received during the specified time, a notice shall be mailed a minimum of ten (10) days prior to the date of the hearing, indicating the date, time, and location of the scheduled public hearing.

1.

Notification rules.

(i)

Five-hundred-foot noticing radius: Notices shall be mailed to the property owners of the subject site and owners all properties within a radius of five hundred (500) feet from the property lines of the site under consideration unless otherwise provided for in the sections below.

(ii)

For secondary driveways, notices shall be mailed to the property owners and occupants of the subject site and to the two (2) properties on both sides of the subject site.

(iii)

For sign exception review, outdoor uses within the outdoor uses overlay zone, and canopy structures notices shall be mailed to the property owners and occupants of the subject site and all properties within a radius of one hundred (100) feet from the property lines of the site under consideration.

(iv)

For animal keeping approvals as described in section 26-111 shall require notices to be mailed to all property owners of the subject site and all property owners or occupants of properties within the overlay zone and any property owners or occupants of properties that are adjacent to the subject site and share a property line for improvements in the lower pad area (the portion of land at the rear of the properties that is at approximately the same elevation as the rear property line and is relatively level).

(v)

Public notification is not required for the following applications:

A.

Shopping cart containment review;

B.

Trash enclosure district review;

C.

Accessory uses;

D.

Incidental beer and wine service for a restaurant (bona fide eating place);

E.

Garage/storage shed height increase;

F.

Small Wireless facilities in the public right-of-way.

G.

Minor non-residential building facade changes and/or minor changes to the site plan/site layout.

H.

Minor multi-family residential building facade changes and/or minor changes to the site plan/site layout.

(4)

For non-public utility conditional use permits, precise plans requiring Planning Commission and/or City Council review, variances, or tentative tract maps requiring Planning Commission and/or City Council review, including amendments.

a.

Mailing radius. A notice of public hearing shall be mailed to the applicant or his/her agent, the owner of the property (including mineral rights owner for tentative tract maps) and owners of all property within a radius of five hundred (500) feet from the property lines of the site 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. If the number of owners to whom the notices would be mailed is greater than 1,000, in lieu of a mailed notice, the hearing notice shall be posted at City Hall and published at least ten (10) days prior to the date of the public hearing on the following locations:

1.

The City's website.

2.

Newspaper of general circulation. The advertisement shall be at least one-eighth (⅛) page.

b.

Postings. Unless otherwise required by section 26-187(a)(4)c., at least ten (10) days prior to the public hearing, a printed notice shall be posted at the project site and at two (2) other public places where public meeting agendas are posted. The minimum size of the onsite notice shall be 11-inches by 17-inches written with heading text that is no smaller than 28-point Arial font in red and body text no smaller than 16-point Arial font in black. The required public hearing notice shall be placed/posted in an area readily visible and accessible by the public such as near/at the building entrance. The location of the posting shall be determined by the Community Development Director.

c.

On-site posting for large projects. The following projects require an on-site posting that meet the requirements of section 26-187(b):

1.

Commercial properties—New developments and where the addition of new square footage is equal to or exceeds ten thousand (10,000) square feet, or greater than fifty (50) percent of the existing building, which ever is less.

2.

Residential properties for developments with five (5) or more units requiring Planning Commission and/or City Council review.

3.

Freestanding wireless facilities—any new freestanding wireless towers proposed.

4.

Tentative tract maps requiring Planning Commission and/or City Council review.

d.

Public area posting. At least ten (10) days prior to the public hearing, the required public hearing notice shall be placed/posted at two (2) other public places where public meeting agendas are posted.

e.

Agency notification. 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.

(b)

Onsite public hearing notice board installation standards.

(1)

The sign shall be installed within five (5) feet of the property line. If on a corner, the sign should be posted at an angle so long as the sign is five (5) feet from the property line of both streets.

Figure 6-1 On-site Notification Sign on Corner Property

==> picture [240 x 128] intentionally omitted <==

(2)

The sign shall be a minimum of three (3) feet in width by five (5) feet in height and may be double sided if installed perpendicular to the street. The sign shall be mounted on four-inch by four-inch posts. The bottom of the sign shall be at least two (2) feet, but no more than three (3) feet above the ground level. The required text and format are shown below. The "Public Hearing Notice" text shall be at least three and one-half (3.5) inches and the remaining text shall be at least one and one-quarter (1.25) inches in height.

(3)

The banner area at the top of the Notice shall be in red (with letters in white) and all other text shall be printed in red.

Figure 6-2 On-site Notification Sign Example

==> picture [216 x 209] intentionally omitted <==

(4)

The sign must contain a general explanation of the proposed project, the applicant's identification and contact information as provided on the application submitted to the City, and contact information for the approval authority.

(c)

Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 38, 3-18-25)

Sec. 26-188. - Establishment of public hearing rules for conduct.

Each hearing body may establish its own rules governing the conduct of public hearings.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-189. - Hearings may be continued without recourse to public notice.

If, for any reason, testimony on any case set for public hearing cannot be completed on the day set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued, and no further notice shall be required.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-190. - Permanent files shall include summary of testimony.

A summary of all pertinent testimony at the public hearing held in connection with an application filed pursuant to this chapter, and the names of persons testifying shall be recorded and made a part of the permanent files of the case, but a failure to observe requirements of this section shall not affect the validity of any action.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-191. - Planning Commission decision and findings.

The Planning Commission, following the termination of the public hearing, shall:

(a)

Announce its decision to approve or deny the application by resolution which shall clearly state the facts and reasons for the decision rendered and any conditions or limitations imposed.

(b)

Within thirty (30) days after adoption of said resolution, whether the application is approved or denied, notify the applicant by mailing a copy of the resolution to the address on the application and to any other person who has filed a written request for such notification.

(c)

Keep all reports as permanent record in the files of the planning division.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-192. - Effective date of Planning Commission decision.

(a)

All decisions of the Planning Commission except recommendations to the City Council (e.g. for General Plan amendments) shall become final and effective after the expiration of the appeal period as set forth in section 26-193, below.

(b)

Recommendations to the City Council shall be transmitted to the City Council who shall conduct a duly advertised public hearing on the matter.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-193. - Appeal procedure.

(a)

Appeals may be submitted by anyone, must be in writing, must include specific reasons for the appeal, and must be accompanied by the fee set by City Council resolution.

(b)

Decisions of the Community Development Director or their designee or Planning Commission subcommittee for design may be appealed to the Planning Commission. The decision of the Planning Commission on the appeal is final, unless after written request is made to the City Council, the City Council approves the request for appeal to the City Council.

(c)

Decisions of the Planning Commission may be appealed to the City Council, except as provided in subsection (b).

(d)

A timely appeal suspends and sets aside the decision of the lower authority.

(1)

Appeals of the Community Development Director or their designee decisions must be submitted to the planning division no more than ten (10) calendar days after approval of a written decision, unless otherwise provided in this code.

(2)

Appeals of Planning Commission decisions and written requests for an appeal hearing by the City Council must be submitted to the City clerk no more than ten (10) calendar days after adoption of a resolution of approval or denial.

(3)

The appeal period commences on the day after approval of a written decision and ends at the close of the business day on the tenth calendar day, including the day of commencement. If the tenth day falls on a day that the City is closed to for business, the period is extended to until the close of the business day of the next day the City is open for business.

(e)

Once an appeal has been properly and timely filed and notice of the hearing has been mailed or published, the appeal may not be withdrawn without the consent of the body to which the appeal has been made.

(f)

The City Council or Planning Commission, as the case may be, shall conduct a public hearing on the appeal within sixty (60) days from the filing of the appeal or approval of a request for an appeal hearing or as otherwise specified by the City Council or Planning Commission, or agreed upon by the appealing party. Notice of the public hearing shall be given as provided in section 26-187.

(g)

When considering an appeal, the City Council or Planning Commission shall hear the appeal as a de novo hearing. The City Council or Planning Commission may approve, deny or modify the matter appealed.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-194. - Referral back to Planning Commission.

(a)

The City Council may, because of making substantial changes, or because of a desire for additional information, or due to the submission of significant new material or evidence, refer the matter back to the Planning Commission for further study and report. At the time of referral, the City Council shall specify a time period within which the Planning Commission is required to report back to the City Council. If so referred, the Planning Commission secretary shall state to the City Council the date upon which said matter will appear on the Planning Commission agenda, whereupon said date shall immediately be publicly announced by the City Council.

(b)

The Planning Commission report to the City Council shall be considered in public hearing before the City Council after renotifying in exactly the same manner as the original appeal.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-195. - Planning Commission failure to report.

Failure of the Planning Commission to report back to the City Council within the time period specified by the City Council shall be deemed an approval by the Planning Commission of City Council changes or actions.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-196. - City Council call-up procedures.

Notwithstanding any appeal procedures or any other procedures provided by law, two (2) City Council members may, in writing, call for the review of the decisions of the Planning Commission within ten (10) days following the Planning Commission's meeting at which the decision was made.

If called-up for review by the City Council, the item will be heard de novo at a future City Council meeting within sixty (60) days of the initial call-up date, or a later date requested or agreed to by the applicant in writing. If the City Council does not vote, the decision of the Planning Commission shall be final. All provisions for notice and hearing applicable to the Planning Commission for that type of decision shall

apply to the City Council in conducting its review; provided, however, that if an item is called-up by the City Council for a de novo hearing, the notices shall be given to owners of properties within a one thousand (1,000) foot radius of the subject property.

If an appeal from a decision has been properly filed, the matter shall be conducted as an appeal subject to all applicable requirements for such appeals, rather than a review subject to this section.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 52, 3-18-25)

Sec. 26-197. - City Council decision and findings.

The City Council, following the termination of the public hearing shall:

(a)

Announce its decision to approve, modify or deny the application or appeal by resolution or ordinance which shall clearly state the facts and reasons for the decision rendered and any conditions or limitations imposed.

(b)

Within thirty (30) days after the City Council adopts the resolution or ordinance stating whether the application is approved or denied a copy of the resolution or ordinance shall be mailed to the applicant at the address shown on the application and to any other person who has filed a written request for such notification.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Action by the City Council on an application or appeal shall be by majority vote of a quorum of the City Council and shall be final and conclusive. Any ordinance or resolution of the City Council shall require three (3) affirmative votes of the City Council.

(b)

If a City Council vote on an application result in a tie, or if the City Council does not take action on the application, such tie vote or lack of action shall constitute a denial of the application.

(c)

If a City Council vote on an appeal results in a tie, or if the City Council does not take action on the appeal, the decision of the Planning Commission shall stand.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-199. - Refiling projects.

A denied project may not be resubmitted to the City for review and approval in substantially the same form for at least one (1) year from the date of denial.

Table 6-1 Authority for Land Use and Zoning Decisions

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 2. - REASONABLE ACCOMMODATION

Sec. 26-200. - Purpose.

(a)

The purpose of this division is to establish a formal procedure for individuals with disabilities and their representatives to request reasonable accommodation, as provided by the federal Fair Housing Act, the Americans with Disabilities Act, and California's Fair Employment and Housing Act (the "Acts").

(b)

Reasonable accommodation means providing a modification to the application of City rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-201. - Applicability.

A request for reasonable accommodation allows an individual, his or her representative, or a developer or provider of housing, to seek relief from any City rule, policy, practice, or service, including but not limited to land use regulations and procedures found in chapter 26 (zoning) of this Code, that may be necessary to ensure equal access to housing for an individual with a disability.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Requests for reasonable accommodation shall be in writing on an application provided by the planning department, or in another manner deemed acceptable to the Community Development Director or their designee.

(b)

If the project for which a request for reasonable accommodation is being made also requires some other approval, permit or entitlement under this chapter, the applicant shall file the request together with the application for such approval, permit or entitlement.

(c)

In addition to any other information that is required under this chapter, an applicant for reasonable accommodation shall provide the following information:

(1)

Applicant's name, address and telephone number;

(2)

Address of the property for which the request is being made;

(3)

The current actual use of the property;

(4)

The ordinance, resolution, Municipal Code section, policy, rule, or other City provision for which modification is requested;

(5)

A description of why the modification is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws; and

(6)

Such other relevant and permissible information as may be requested by the director of planning and development or his or her designee.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Community Development Director review. The Community Development Director or their designee shall, within twenty (20) days of the application deemed as complete, grant, grant with conditions, or deny an application/request for reasonable accommodation.

(b)

Other reviewing authority. If the application for reasonable accommodation is submitted for concurrent review with another application for approval, permit or entitlement under this chapter, the decision to grant, grant with modifications, or deny the application shall be made by the authority taking action on such other application. The decision to grant, grant with modification, or deny the request for reasonable accommodation shall be made in accordance with article VI, division 2.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-204. - Criteria for consideration.

(a)

The following factors shall be considered in making a determination regarding the reasonableness of any request for reasonable accommodation under this division:

(1)

The need for the requested modification, including alternatives that may provide an equivalent level of benefit;

(2)

The physical attributes of and any proposed changes to the subject property and structures;

(3)

Whether the requested modification would impose an undue financial or administrative burden on the City;

(4)

Whether the requested modification would constitute a fundamental alteration of the City's General Plan, applicable Specific Plan, zoning or subdivision program;

(5)

Whether the requested modification would result in a concentration of uses otherwise not allowed in a residential neighborhood to the substantial detriment of the residential character of that neighborhood;

(6)

Whether the requested modification is being provided primarily to benefit one (1) or more persons with a disability;

(7)

Whether the requested modification is necessary for therapeutic benefit to the person(s) with a disability;

(8)

Whether the requested modification would result in a substantial increase in traffic or insufficient parking;

(9)

Whether the requested modification would significantly deprive any neighboring property owners of the use and enjoyment of their own properties;

(10)

Whether there are preferable and/or feasible alternatives to the requested accommodation that may provide an equivalent level of benefit;

(11)

Whether proposed changes to property or structures are compatible with surrounding development or create potential impact(s) on surrounding uses;

(12)

Whether the findings of section 26-205(b) exist; and

(13)

Any other factor that may have a bearing on the request.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-205. - Decision and findings.

(a)

An application for reasonable accommodation may be granted, granted with modifications, granted with conditions, or denied. Any such decision shall be in writing supported with findings and conclusions addressing the criteria set forth in section 26-204.

(b)

A written decision granting an application for reasonable accommodation shall, in addition to the findings described in subsection (a) of this section, include the following findings:

(1)

That the dwelling, which is the subject of the request for reasonable accommodation, will be used by an individual with a disability protected under the Acts;

(2)

That the requested modification is necessary to make the dwelling available to an individual with a disability protected under the Acts;

(3)

That the requested modification would not impose an undue financial burden on the City;

(4)

That the requested accommodation would not require a fundamental alteration in the nature of the City's overall land use and zoning; and

(5)

That the accommodation will not result in a direct threat to the health and safety of other persons or physical damage to the property of others.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-206. - Conditions of approval.

(a)

In granting a request for reasonable accommodation, the Community Development Director or their designee or other reviewing authority may impose conditions of approval deemed reasonable and necessary to ensure that the modifications will comply with the required findings found in section 26205(b). Conditions of approval for reasonable accommodation request may, where appropriate, provide for any or all of the following:

(1)

Inspection of the affected premises by the City to verify compliance with this division and any conditions of approval;

(2)

Removal of the permitted improvements by the applicant where removal would not constitute an unreasonable financial burden, if the need for which the accommodation was granted no longer exists;

(3)

Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists; and

(4)

Prior to the issuance of any permits pertaining to an approved reasonable accommodation, the Community Development Director or their designee may require the applicant to record a covenant in the county recorder's office acknowledging and agreeing to comply with terms and conditions established in the decision. The covenant shall be required only if the Community Development Director or their designee finds that a covenant is necessary to provide notice to future owners that a reasonable accommodation has been approved.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-207. - Compliance with existing regulations.

In order to be eligible for consideration for a reasonable accommodation, the property must be in compliance with the then existing laws and regulations applicable to the property except that which is the subject of the reasonable accommodation request. If the non-compliance is through no fault of the applicant, the director may waive this requirement. However, such a waiver shall not preclude the City from requiring that the existing violations be corrected in accordance with the City Code and all applicable rules and regulations.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-208. - Service of written decision and appeals.

(a)

The written decision described in section 26-205 shall be served on the applicant and shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below.

(b)

Any decision on a request for reasonable accommodation may be appealed in the manner described in section 26-193.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-209. - Duration of reasonable accommodation.

A grant of reasonable accommodation approved pursuant to this division may continue to be used and maintained by an individual with a disability for the duration of his or her occupancy. Within sixty (60) days of the termination of such occupancy, the subject modification shall be removed unless the Community Development Director or their designee has determined that the conditions for reasonable accommodation may remain as provided in section 26-203.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 3. - PRECISE PLAN

Sec. 26-210. - When required.

(a)

A precise plan shall be approved or conditionally approved by the Community Development Director or Planning Commission, as set forth herein or in the sections applicable to the application at issue, before the issuance of any building permit for the new construction or expansion of an existing use in any zone as indicated in article II of this chapter. No person shall commence any use for which a conditional use permit is required or any use in any zone not permitted by right in either the R-A or R-1 zone, and no building permit shall be issued for any structure to be used for or in conjunction with any such use, until a precise plan covering the parcel or parcels to be used shall be approved and adopted as herein provided.

(b)

Notwithstanding any provision of the Uniform Building Code, no grading permit shall be issued for the grading or excavation of any land, until a precise plan, or other related actions covering the property proposed to be graded or excavated has been approved and adopted as herein provided. This subsection (b) shall not apply to the grading or excavation required in connection with:

(1)

The movement of less than fifty (50) cubic yards of earth, or

(2)

The grading of any parcel of property outside of the hillside overlay zone so as to improve the land for emergency drainage purposes.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-211. - Contents.

The precise plan required by this division shall specify and include:

(a)

The location, size, height, and type of all structures including signs, architectural lighting, walls and fences.

(b)

The location, size and dimensions of all yards and setbacks and all spaces between structures.

(c)

The plan of the proposed parking area for the development to which the parking is accessory. The plan shall be drawn to an engineering scale of sufficient size to clearly indicate the proposed development including location, size, shape, design, curb cuts, lighting, drainage, paving, parking stalls, landscaping, and other features and appurtenances of the proposed parking lot.

(d)

The location, dimensions, and method of improvement of all property to be dedicated to the public or to public utilities.

(e)

Examples of proposed architectural treatment in the form of perspectives and elevations, lighting, and such other data as may be required by the Planning Commission or Community Development Director or their designee in evaluating the proposed development shall be required and become an integral part of such a submittal.

(f)

The general location, area and type of landscaping in multi-family zones, OPMU, NMU, SMU, or for any use specifically permitted in said zones, or for any use for which a conditional use permit is required.

(g)

General nature of the proposed use.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-212. - Approval or rejection.

(a)

Any precise plan required by this division may be rejected, approved, modified, and approved, or approved subject to conditions. Any such precise plan of design after approval, may be amended, in the same manner as a precise plan of design is first approved hereunder.

(b)

For eligible SB35 projects and/or multi-family residential projects providing a minimum of twenty (20) percent of the total dwelling units reserved for lower income households subject to deed restriction, the Community Development Director shall approve or deny the ministerial precise plan based on the West Covina Multi-Family Objective Design Standards (2022) adopted by the City. Within thirty (30) days of such action, the Community Development Director shall prepare a report to the Planning Commission, providing a description of the project and the nature of the approval. Any such Precise Plan approved under SB35

shall be valid for a period of three (3) years, with one (1) additional extension of time in a one-year increment. The Community Development Director or their designee may approve a one-year extension if the project proponent provides documentation that there has been significant progress toward getting the development construction ready, such as, but not limited to, the filing of a building permit application.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 39, 3-18-25)

Sec. 26-213. - Required findings for a precise plan.

(a)

The proposed development plans and the uses proposed are consistent with the General Plan and any applicable Specific Plan.

(b)

The proposed development is consistent with adopted development standards for the zone and complies with all other applicable provisions of the Municipal Code.

(c)

Granting the permit would not be detrimental to the public interest, health, safety, and welfare and would not unreasonably interfere with the use or enjoyment of property in the vicinity of the subject property.

(d)

The site is physically suitable for the type, density and intensity of the development being proposed, including vehicle access and circulation.

(e)

The architecture, site layout, location, shape, bulk and physical characteristics of the proposed development are compatible with the existing and future land uses, and do not interfere with orderly development in the vicinity.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-214. - Approval subject to condition.

A precise plan of design may be approved subject to the granting of a change of zone, a conditional use permit, a variance or the approval of a final subdivision map, and the Planning Commission or City Council may require such a precise plan to be submitted prior to the granting or recommending of a zone change, variance or conditional use permit.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-215. - Compliance required.

No person shall violate or fail to comply with any approved precise plan of design or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to

comply with any approved precise plan of design for the parcel or parcels on which such structure is to be located. In the event any such permit is issued; it shall be null and void and have no further effect.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-216. - Continuation of existing plans.

Any precise plan previously approved and in effect, shall remain in effect regardless of any changes to zoning regulations subsequently adopted unless the precise plans are made null and void or amended at the time of adoption.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-217. - Distinction from other precise plans.

The precise plans of design referred to herein are not to be confused with or considered to be precise plans as referred to in the Government Code of the state.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-218. - Street frontage requirements.

No building or other structure to be used for any business or commercial purpose shall hereafter be erected unless the frontage of the lot, or parcel of land upon which such building or structure is erected, abuts on one (1) side of a public street between two (2) intersecting streets and unless the front of such building or structure shall abut on and face such public street; provided, however, that, when practical difficulties or unnecessary hardships result through the strict and literal interpretation and enforcement of the provisions hereof, the Planning Commission or City Council may, upon the adoption of a precise plan of design for the development of a particular lot or parcel of land and upon such conditions as it may establish, expressly vary or waive the requirements of this section.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-219. - Failure to act on a precise plan.

(a)

Failure to take any action on an approved precise plan within two (2) years of its effective date will cause such precise plan to expire without further action by the City unless granted an extension of time by the Community Development Director if no changes to the zoning code were made, or by action of the Planning Commission. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such entitlements. If the Community Development Director or their designee should find that construction has ceased or no other action of substantial character has been taken after building permits are issued and/or related construction has commenced, the Community Development Director or their designee may give notice of intent to modify the precise plan, or to revoke the precise plan pursuant to the procedures set forth division 12 of this article.

(b)

Extension of time in one-year increments, up to a maximum of two (2) additional years, may be granted from the original date of expiration of the precise plan by the Community Development Director (unless the Planning Commission or City Council specifically requested to review any extension of time in the original conditions of approval) when extenuating circumstances can be clearly shown by the applicant. The request for same shall be submitted to the planning division in writing prior to the expiration date and shall clearly state the reasons why construction has not commenced or been continued. The Planning Commission may impose new conditions on the precise plan, based on changed circumstances, code amendments or oversights disclosed in review of the plan.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-220. - Amendment to a precise plan.

(a)

For major revisions. The Planning Commission may grant an amendment to the approved precise plan only after all procedures as set forth for the original application are met except that the request for such amendment must be on the electronic application for a precise plan of design.

(b)

For minor revisions. The Community Development Director or their designee may approve minor revisions to an approved precise plan which do not adversely affect the public interest or the interest of owners of neighboring properties, substantially alter the plan, or affect any other condition of approval. The minor revisions may only be approved by a Minor Modification as set forth in division 7 of this article.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 4. - CONDITIONAL USE PERMIT

The City recognizes that certain types of land use, due to the nature of the use, require special individual review. Such review is required to determine whether the proposed use, or the location of the use, is compatible with surrounding uses or can be made compatible through the imposition of development conditions. The conditional use permit is established to facilitate such review.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-222. - Conditional use permits reviewed by Planning Commission.

(a)

Planning Commission may grant conditional use permits for projects located within all land-use zones.

(b)

A conditional use permit may be granted for uses that possess unique characteristics and which are impractical to include in a specific zone as a matter of right.

(c)

Notwithstanding any other provisions of this chapter, the Planning Commission, after application therefore and hearing, after notice in the manner provided in division 1 of this article, may authorize the conditional uses included herein if it finds the proposed location of any such uses will not be detrimental to adjacent property or to the public welfare; and that the uses are essential or desirable to the public convenience and welfare.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-223. - Conditional use permits reviewed by the City Council.

(a)

The City Council may grant conditional use permits for projects located within the public right-of-way, or City owned properties.

(b)

A conditional use permit may be granted for public right-of-way uses that possess unique characteristics and which are impractical to allow as a matter of right.

(c)

Notwithstanding any other provisions of this chapter, the Community Development Director of their designee, after application therefor and hearing, after notice in the manner provided in division 1 of this article, may render a recommendation for City Council consideration.

(d)

The City Council, after notice in the manner provided in division 1 of this article, may consider the Community Development Director or their designee's recommendation and may authorize the public rightof-way conditional uses upon determining that the findings required by section 19-300 have been met.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-224. - Required findings for conditional use permit.

(a)

Prior to the granting of a conditional use permit for projects located within all land-use zones it shall be found:

(1)

That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community.

(2)

That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.

(3)

That the site for the proposed use is adequate in size and is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible therewith.

(4)

That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generations will not be channeled through residential areas on local residential streets.

(5)

That the granting of such conditional use permit will not adversely affect the General Plan of the City, or any other adopted plan of the City.

(b)

Prior to the granting of a conditional use permit for projects located within the public right-of-way it shall be found that the findings required by section 19-300 have been met.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-225. - Approval or rejection of conditional use permit.

Any application for a conditional use permit may be rejected, approved, modified and approved, or approved subject to conditions.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

As part of a conditional use permit approval, the Planning Commission may require development standards stricter than the regulations of this Code (e.g., less sign area, less building coverage, lower density, increased parking, increased fence or wall height, etc.) when such restrictions will alleviate potential impacts to surrounding properties or achieve greater aesthetic or functional integration and compatibility with neighboring developments.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-227. - Amendment to a conditional use permit.

(a)

The Planning Commission may grant an amendment to a conditional use permit only after all procedures as set forth for an original application are met except that the request for such amendment may be in letter form in lieu of being placed on the official form of application for a conditional use permit.

(b)

The Community Development Director or their designee may approve a minor modification to a conditional use permit which does not adversely affect the public interest or the interest of owners of neighboring properties or substantially alter the plan for such use, and so long as said slight modification would not affect any other condition of approval. The minor modification may only be approved as set forth in division 7 of this article.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-228. - Failure to take action on a conditional use permit.

(a)

Failure to take any action on a conditional use permit within two (2) years of its effective date (unless extended by action) will cause such conditional use permit to expire without further action by the City. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such entitlements. If the Community Development Director or their designee should find that there has been no construction or other action of substantial character taken or if the applicant is not diligently proceeding, the Community Development Director or their designee may give notice of intent to modify the conditional use permit, or to revoke the conditional use permit pursuant to the procedures set forth in division 12 of this article.

(b)

Extension of time in one-year increments, up to a maximum of two (2) additional years, may be granted from the original date of expiration of the conditional use permit by the Community Development Director (unless the Planning Commission or City Council specifically requested to review any extension of time in the original conditions of approval) when extenuating circumstances can be clearly shown by the applicant. The request for same shall be submitted to the planning division in writing prior to the expiration date and shall clearly state the reasons why construction has not commenced or been continued. Extensions of time may only be granted if no amendments to the zoning code, zoning map, or General Plan are made that are applicable to the project. If the project was originally approved with a subdivision, the extension of time provisions within article VIII (subdivision regulations) shall apply.

(c)

In the event that the use for which a conditional use permit has been granted is discontinued for a period of six (6) months, the conditional use permit shall be reviewed by the Planning Commission at the property owner's written request via the submittal of the prescribed form, application materials, and corresponding fee. The Planning Commission may opt to move forward with the revocation procedures or impose additional conditions of approval.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Revocation of conditional use permits shall be conducted in accordance with the procedures contained in division 12 of this article.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-230. - Compliance required.

No person shall violate or fail to comply with any approved conditional use permit or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to comply with any approved conditional use permit for the parcel or parcels on which such structure is to be located. In the event any such permit is issued, it shall be null and void and have no further effect.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 5. - VARIANCE

Sec. 26-231. - Purpose.

The City recognizes that certain properties, due to their unique shape, size, location or other physical condition cannot be developed in strict conformance with the regulations of this title. The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone in which such property is situated. The variance procedure is established to provide guidelines and regulations for the granting of relief from certain provisions of this title. However, in no case may a variance be granted to permit a use otherwise not permitted in a zone district.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this chapter result through the strict and literal interpretation and enforcement of the provisions hereof, the Planning Commission shall have authority, as an administrative act, subject to the provisions of this article, to grant, upon such conditions as it may determine, such variances from the provisions of this chapter as may be in harmony with its general purpose and intent, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-233. - Required findings for variances.

Before any variance may be granted, it shall be found:

(a)

There are special circumstances (which may include, but are not limited to, size, shape, topography, location, or surroundings) applicable to the property which are not applicable to other property in the property's vicinity under identical zoning classification.

(b)

As a result of the special circumstances, the strict application of the Development Code deprives the property of meaningful privileges enjoyed by other property in the vicinity and under identical zoning classification.

(c)

Such variance is necessary to allow the property in question to have the same substantial property right possessed by other property in the same vicinity and zone.

(d)

The granting of such variance will not be materially detrimental to the public welfare or materially injurious to residents or owners of nearby properties.

(e)

That the granting of such variance shall be consistent with the adopted General Plan and any applicable specific plans.

(f)

The variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-234. - Initiation of variances.

Variances may be initiated by:

(a)

The verified application of one (1) or more owners of the subject property or by a purchaser or lessee thereof with consent of any such owner which application sets forth fully the grounds for and the facts deemed to justify the granting of the variance.

(b)

Action of the City Council.

(c)

Action of the Planning Commission.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Any variance application under this division may be rejected, approved, modified, and approved, or approved subject to conditions by the Planning Commission.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-236. - Failure to act on variance.

(a)

Variances approved in conjunction with cases which are dependent on the variance (precise plans, parcel or tract maps, conditional use permits, etc.) shall expire on the same expiration date as the case. Approval of a time extension for such cases shall constitute the approval of a time extension of the variance on which the case is dependent.

(b)

A variance not in conjunction with other cases shall expire without further action by the City if no action is taken on it within two (2) years from date of the resolution granting the variance. If construction work is involved, such work must be actually commenced within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such entitlements. If the Community Development Director or their designee should find that construction has ceased or no other action of substantial character has been taken after building permits are issued and/or related construction has commenced, the Community Development Director or their designee may give notice of intent to modify the variance, or to revoke the variance pursuant to the procedures set forth division 12 of this article.

(c)

Extension of time up to a maximum of two (2) additional years may be granted from the original date of expiration of the variance by the Planning Commission or City Council when extenuating circumstances can be clearly shown by the applicant. The request for the extension shall be submitted to the Planning Commission in writing prior to the expiration date and shall clearly state the reasons why such variance has not been utilized.

(d)

In the event the use for which the variance has been granted is discontinued for a period of six (6) consecutive months, the variance approval shall become null and void.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)