Article IV — Revocation, Modification and Expiration

A.

Upon recommendation by the director of community development, the commission shall conduct a noticed public hearing to determine whether such variance or conditional use permit should be revoked, unless the city council granted or modified such variance or conditional use permit upon the condition that it be subject only to city council revocation, in which case the commission may, but need not, make a recommendation concerning the revocation and the city council shall conduct the required public hearing. If the commission or city council finds any one of the following facts to be present, it shall immediately revoke or modify the variance or conditional use permit unless it concludes that some other action is appropriate to address the circumstances warranting revocation, in which case that action shall be immediately implemented or imposed:

1.

The variance or permit was obtained by fraud; or

2.

The use for which such approval was granted has ceased to exist by reason of a voluntary abandonment; or

3.

The permit or variance granted is being or has been exercised contrary to any conditions of approval imposed upon such permit or variance, or in violation of any law; or

4.

The use for which the approval was granted in being exercised so as to be detrimental to the public health or safety, or so as to constitute a public nuisance.

B.

If the revocation hearing is conducted by the commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Sections 18.52.120 through 18.52.150.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The period of validity for any variance or conditional use permit approved by the city shall be as set forth in Section 18.04.110. Time extension(s) of the period of validity for any variance of conditional use permit approved by the city shall be granted only in accordance with Sections 18.04.120 and 18.04.130.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Conditions may be modified, eliminated, or new conditions added to any variance or conditional use permit, in compliance with Section 18.04.120.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Article V. - Additional Regulations

18.52.190 - Single room occupancy (SRO) developments.

A.

All SRO's shall obtain approval of a conditional use permit prior to establishing such use within the city and shall pay to the city the regular fees associated with such permit. The conditional use permit application for any such use shall include a management plan for the facility, which shall provide sufficient detail regarding how the facility will be operated and managed in order that the city may determine that the facility will be compatible with surrounding uses, including the following information, at a minimum:

1.

If residents and/or common areas are to be supervised or monitored, how and when such supervision or monitoring shall be provided, including whether twenty-four-hour on-site resident management will be provided, the manner in which compliance with all rules and regulations of the city or state applicable to the operations will be observed and maintained, and whether and what house rules will be applied to residents and how such rules will enforced by the operator of the proposed facility;

2.

The total number of residents proposed to occupy the SRO and the total number of rental rooms to be occupied shall be in compliance with the maximum number permitted by this section;

3.

The number, type, and general responsibilities of staffing for the facility;

4.

How the facility will provide equal access to housing to those who are handicapped or disabled;

5.

Provisions for internal and external security, including vehicle security;

6.

Methods for tenant selection;

Nature of rules that will apply to residents ("house rules"); and

8.

Any other information which the applicant feels demonstrates that the facility will be well-managed in harmony with adjacent uses.

B.

Conditional use permits granted pursuant to this section shall contain all of the following conditions, in addition to any other reasonable conditions which may be imposed by the city upon the granting of such permits:

1.

All SRO operations shall comply with a city approved management plan;

2.

Revisions to the management plan shall require modification of the approved conditional use permit and the city approved management plan, except that minor changes, that do not fundamentally alter the operations or the management plan of the facility, may be approved by the director;

C.

Any conversion of an SRO to an apartment, condominium or other multi-family development must comply with the density requirements of this code and the city's general plan at the time of such conversion.

D.

All SRO facilities shall comply with the parking requirements applicable to SROs, as set forth in Chapter 18.48 of this code, prior to establishing such use within the city, unless otherwise modified through the conditional use permit approval process.

E.

No parolee shall be permitted to reside in a SRO. at any time, except as may be preempted by state or federal law.

F.

No such facility shall be within five hundred feet of any other similar facility.

G.

No SRO, shall be within five hundred feet of any public or private school (pre-school through twelfth grade), including child day care facilities, as defined in Section 18.06.072 of this code and pre-schools; any residential care facilities, as defined in this title; any family day care home, as set forth in California Health and Safety Code Division 2, Chapter 3.6 (Health and Safety Code Section 1597.30 et seq.); any bar (with a license for the sale of alcoholic beverages for on-site consumption from the department of alcoholic

beverage control); or any facility or retail business establishment selling alcohol (with a license for the sale of alcoholic beverages for off-site consumption from the Department of Alcoholic Beverage Control).

H.

The distance requirements herein shall be measured from the closest property line to the closest property line, along a straight line extended between the two points.

I.

All facilities shall require residents to sign an agreement that provides that a conviction for any criminal violation, not including infractions and minor traffic violations, during residency, is grounds for termination of residency whether the rental, lease, or sublease agreement is written or oral.

J.

Facilities shall be in compliance with all requirements of the city's zoning code at all times, as well as any other applicable provisions of this code, including obtaining any other permits or licenses, such as building permits or a business license, required before establishing, expanding or maintaining the use.

K.

Any violation of any local, state or federal laws by residents while on the premises shall be grounds for revocation of the conditional use permit, including but not limited to any violations of this section, where the property owner contributed to or did not take all reasonable steps to protect against or prevent the violation; and for any violation of California Penal Code Section 3003.5 or Chapter 9.66 of this code.

L.

No SRO shall be maintained in a manner which constitutes a nuisance, as defined in California Civil Code Section 3479 or other applicable law. Conduct in violation of any of the terms of this chapter or other applicable provisions of this code is hereby found and declared to be a public nuisance, and the city attorney or the district attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such SRO and restrain and enjoin any person from conducting, operating or maintaining an SRO contrary to the provisions of this chapter or code.

M.

Any owner, operator, manager, employee or independent contractor of a SRO, violating or permitting, counseling, or assisting the violation of any of the provisions of this chapter or applicable provisions of this code regulating boarding or rooming houses shall be subject to any and all civil remedies, including conditional permit revocation, criminal penalties pursuant to Chapter 1.08 of this code, and/or administrative citations pursuant to Chapter 1.09. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Article VI. - Additional Regulations

These standards are applicable to facilities including residential care homes with seven or more residents, and extended care facilities. The standards of this section shall be in addition to all applicable state and federal requirements.

A.

Development Standards. The care facility shall comply with the development standards for the applicable zone unless the use is proposed in an existing non-conforming structure where compliance is infeasible.

B.

Occupancy. The maximum occupancy of any residential care facility shall not exceed the maximum permitted by regulations of the state of California, and the Los Angeles County Department of Public Health, as applicable. Total occupancy of any facility may be further regulated by the provision of adequate parking for the use.

C.

Residential Adjacency. Where a new residential care facility is adjacent to a residential use, the following standards shall apply:

1.

The front setback shall be equal to or greater than the adjacent existing residential use.

2.

Maximum building height within twenty feet of the residential property line shall be limited to one story greater than the existing residential use and the maximum height allowed by the zoning of the property.

D.

Congregate Dining. Congregate dining facilities are subject to the following conditions:

1.

Dining shall be limited to use by residents, guests, and employees.; Dining facilities shall not be open to the public.

2.

A separate service entrance to the kitchen with an adequate loading area shall be provided.

E.

Accessory Uses. A facility may include accessory retail and personal service uses appropriate for the population served and limited to use by residents of the individual facility, subject to the permit

requirements of the applicable zone.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.54 - TEMPORARY USES[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 3098, § 2, adopted March 26, 2019, repealed the former Ch. 18.54, §§ 18.54.010 —18.54.050, and enacted a new chapter as set out herein. The former Ch. 18.54 pertained to similar subject matter and derived from prior code, §§ 9290—9293; Ord. 2862, § 1(part), adopted in 2005; and Ord. 2863, § 1(part), adopted in 2005.

In addition to the definitions set forth in Chapter 18.06, the following definitions shall apply to the provisions of this chapter:

A.

"Fundraising event" means a sale of goods or services for a charitable, religious, educational, cultural, civic or political purpose.

B.

"Nonprofit organization" means an association of persons who are so associated for a charitable, religious, educational, cultural, civic or political purpose.

C.

"Owner," as to real property, means the person who holds fee title to the real property, or the person who is entitled to possession of such realty by virtue of a written lease agreement having a term of not less than six months.

D.

"Promotional event" means any event or activity, such as an antique, art, fashion or sport show, which is intended to attract business to a location, but which event or activity does not involve the sale of merchandise outside of a building. Such event may also include incidental sales of goods by individual exhibitors who do not use the premises as a permanent place of business.

E.

"Promotional sale" means a sale, conducted outside of a building, of goods and services, by a person holding a valid city business license.

F.

"Temporary event" means an activity:

1.

Which involves the use of any real property, including buildings and/or structures, located in the city; and

2.

Which involves the assembly of twenty-five or more persons;

3.

For which a charge is made for the use of the real property, by the owner; or

4.

For which a charge is made for admission to the activity.

(Ord. No. 3098, § 2, 3-26-19)

Temporary use permits shall be required for all of the activities enumerated in Section 18.54.050, and all activities found by the director of community development to be similar or related thereto, except such activities sponsored by the city. The activities, being temporary in nature, possess characteristics of such unique and special form as to make impractical their operation without specific approval, upon such conditions as may be appropriate, in the manner set forth in this chapter. The issuance of a temporary use permit pursuant to this chapter shall not be a waiver of any requirement of any other provision of this code. Notwithstanding the above, a temporary use permit pursuant to this chapter shall not be required for events or activities which have as their primary purpose free speech expression protected by the First Amendment of the United States Constitution or Article I, Sections 2 and 3 of the California Constitution, based upon a verified statement under penalty of perjury to that effect by the sponsor or responsible party for the event or activity.

(Ord. No. 3098, § 2, 3-26-19)

18.54.030 - Permit—Application—Fees.

A.

A written application for a temporary permit shall be filed with the director of community development containing the following information:

1.

Name of applicant (including the names and addresses of all principals, partners or corporate officers);

2.

Proposed location;

3.

Nature of activity;

4.

Duration of activity;

5.

Description of any activity to be used;

6.

Such other information as the director of community development deems appropriate

B.

A filing and investigation fee in an amount set by the city council shall be required with each such application, except for nonprofit organizations proposing temporary events without alcohol.

C.

"Applicant" as used in this chapter means, with reference to a temporary event, that person who actually proposes to conduct the temporary event for which a permit is sought.

(Ord. No. 3098, § 2, 3-26-19)

18.54.040 - Permit—Issuance conditions—Administration—Appeals.

A.

Issuance.

1.

The director of community development, upon proper application, shall issue a temporary use permit if it is determined that the proposed activity can and will be conducted in a manner compatible with the preservation of the public peace, safety, health and general welfare, and will not be injurious or detrimental to the use of property located in the immediate vicinity thereof.

2.

The director of community development shall have the power to impose reasonable conditions upon the issuance of such permits to insure the preservation of the public peace, safety, health and general welfare, and to ensure that the activity will not be injurious or detrimental to property located in the immediate vicinity of the proposed location for the activity.

B.

Administration.

1.

Immediately upon issuance of a temporary use permit, the director of community development shall notify the chief of police of such fact together with all pertinent information regarding the issuance. Thereafter the chief of police shall have the responsibility of administrative enforcement. Where the chief of police determines that other permits, licenses or fees are required by law, he/she shall notify the respective city department or other agency having jurisdiction thereof. Then the permit shall be suspended until all other such licenses, permits or fees are obtained.

2.

The chief of police shall inspect the activities for which temporary use permits have been issued, at appropriate times during the duration of such permit. He/she shall maintain suitable records of all enforcement matters in this chapter, and all matters related thereto, that may be pertinent to the use, activities or the public welfare.

C.

Denial. The director of community development shall refuse to issue a permit if the activity would not be compatible with the preservation of the public peace, safety or general welfare, or if the same would be injurious or detrimental to properties adjacent to or in the vicinity of the proposed location of the activity. The director of community development shall give written notice to the applicant of the fact of such denial together with a statement of the reasons therefor.

D.

Suspension.

1.

The chief of police or the director of community development shall have the power to suspend, and shall suspend, any temporary use permit if he/she finds that the permittee:

a.

Has violated any condition of approval imposed upon the permit, or

b.

Has violated any provision of law, or

c.

Is, by the actual conduct of the activity, threatening the preservation of the public peace, safety or general welfare, or unreasonably interfering with the use and enjoyment of other property in the immediate vicinity of the activity;

The chief of police shall give the permittee written notice of such suspension. Immediately upon the giving of such notice of the order of suspension, all activities under such permit shall forthwith cease, except as provided in this chapter.

E.

Appeals from a Decision of the director of community development.

1.

Any person aggrieved (hereinafter "applicant") by any decision, determination or action taken by the director of community development in connection with the granting or denying of a temporary use permit shall have the right of immediate appeal to the city council. Such an appeal shall be in writing and shall be filed with the city clerk within thirty days of the date of mailing notice of the action appealed from. Upon receipt of an appeal, the city clerk shall notify the director of community development thereof, and shall set the matter on the city council agenda for its next regularly scheduled meeting. The city clerk shall give the party appealing, and any other person requesting the same, at least five days' written notice of the time and place of such hearing. This notice provision may be waived by the appellant and all other such persons who have requested such notice.

2.

At the time of the hearing, the applicant shall have the right to present any relevant written or oral evidence. The city council shall consider such evidence, together with appropriate staff reports and other information deemed by it to be relevant, and shall determine whether the decision was justified and reasonable under all of the circumstances.

3.

The hearing before the council in such cases shall not be a formal public hearing. The council's decision shall be final and conclusive.

F.

Appeals from Orders of Suspension. At any time prior to the expiration of a temporary use permit, an appeal may be taken by a permittee from an order of suspension issued by the chief of police or director of community development. Upon the filing of such an appeal with the city manager, the order so appealed from shall be suspended pending a hearing on such matter from the city manager. Such appeal hearing shall be set by the manager as expeditiously as possible: He/she shall give the appellant and the chief reasonable oral and/or written notice of the time and place of such hearing. At the time of the hearing the applicant shall have the right to present any relevant written or oral evidence, together with appropriate staff reports and other information deemed by him/her to be relevant. The hearing shall determine whether the suspension was justified. The decision of the city manager shall be final and conclusive.

(Ord. No. 3098, § 2, 3-26-19)

A.

Activities Included. No person shall sponsor, participate or engage in any of the following enumerated activities or any activity similar or related thereto, without first obtaining a temporary use permit therefor issued by the director of community development:

1.

Circuses; and

2.

Carnivals; and

3.

Fairs; and

4.

Aircraft and helicopter landings and parachutist demonstrations; and

5.

The outdoor sale of Christmas trees or pumpkins, including one banner a maximum of 3'X5' which may be affixed to a temporary fence, except when such plans are held in conjunction with an established commercial business, by the person who holds a valid city business license for such commercial business; and

6.

Promotional sales, fundraising sales or events and promotional events if conducted on C-zoned or M- zoned lots and within commercially designated districts within the specific plans, which lots are utilized by an existing use authorized as such by the zoning regulations contained in this title, provided that:

a.

The total aggregate number of such events or sales upon any one lot shall not exceed forty-five days in any one calendar year, and

b.

The duration of any such sale or event shall not exceed three consecutive days, and

c.

No portion of any required off-street parking facility shall be utilized for such sale or event, and

d.

The owner has, in writing, consented thereto, and

e.

Rummage sales and white-elephant type displays and sales area shall be screened from a public street or alley or any residentially zoned or used property, and

f.

Promotional sales shall be limited to no more than three such events on any lot in a calendar year;

7.

Temporary events, which are limited to four events per calendar year, provided that a permit is obtained by the owner of the real property and by the person proposing to conduct the temporary event. Alcohol may be sold or provided in conjunction with a temporary use permit, which meets all police and Alcohol Beverage Control (ABC) requirements. The provisions of this subdivision 7 shall not apply to a temporary event:

a.

Which is conducted on any lot classified in any of the R zones, as that term is defined in Sections 18.06.459 and 18.06.462, or

b.

For which a conditional use permit is required pursuant to the provisions of this title, except for alcohol sold or provided in conjunction with a temporary use permit, or

c.

For which a permit is required pursuant to the provisions of Chapter 18.54.020, 8. Notwithstanding the above, any of the events or activities listed above which are exempt from a temporary use permit pursuant to Section 18.54.020, upon a verified statement required by that section, shall not be required to obtain a temporary use permit.

B.

Duration of Permits. The duration of permits for the activities enumerated in subsections A.1. through A.4., inclusive, shall be limited to a period not to exceed seven consecutive calendar days and limited to two events per calendar year. Activities permitted pursuant to subsection A.5. shall be permitted for a period not in excess of thirty consecutive calendar days with an additional seven days each for set up and tear down. No person shall engage or participate in any of the activities described in this section for a longer period of time than set forth in this section, without first obtaining a conditional use permit therefor.

(Ord. No. 3098, § 2, 3-26-19)

Chapter 18.55 - STREAMLINED HOUSING DEVELOPMENT PROJECTS ON HOUSING ELEMENT SITES

This Chapter is established to comply with Government Code §65583.2(c) and §65583.2(i) relating to the inventory of land suitable for residential development to meet the general plan housing element regional

housing needs assessment (RHNA). The Government Code requires that specified housing development projects be approved as by-right uses if at least 20 percent of the units are affordable to lower-income households. The specified housing development projects are: 1) those proposed on sites identified in the housing element as suitable for residential development to meet the sixth cycle RHNA that are non-vacant and that were also identified as suitable sites in the fourth and fifth cycle housing element, and 2) vacant sites that were also identified as suitable sites in the fourth and fifth planning cycles. This chapter identifies the sites applicable to these provisions, establishes requirements and standards for lower-income units, and establishes procedures and requirements for the review and approval of housing development projects with the required lower-income household units.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The provisions of this chapter pertain to housing development projects that include at least twenty percent of the total housing units for persons and families of lower-income households, and are on sites identified in the state housing and community development department site inventory in the housing element as being: (1) non-vacant and identified in the fourth and fifth cycle housing element as suitable for residential development to meet the RHNA and accommodate lower-income housing, moderate-income housing, or above moderate-income housing; or (2) vacant and identified in the fourth and fifth cycles of housing elements as suitable for residential development to meet the RHNA and accommodate lower-income housing, moderate-income housing, or above moderate-income housing.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.55.030 - Definitions applicable to this chapter.

A.

"Above moderate-income" means above one hundred twenty percent of the Los Angeles County median income.

B.

"By-right use" shall have the same meaning as Government Code §65583.2(i).

C.

"Extremely low-income" means less than thirty percent of the Los Angeles County median income.

D.

"Housing development project" shall have the same meaning as Government Code §65589.5(h)(2), and refers to a use consisting of residential units, mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, or transitional housing or supportive housing.

E.

"Lower-income households" means those households earning less than eighty percent of the Los Angeles County median income, and includes very-low-income households, as defined in California Health and Safety Code §50105, and extremely low-income households, as defined in Health and Safety Code §50106.

F.

"Moderate-income" means eighty percent to one hundred twenty percent of the Los Angeles County median income.

G.

"Very-low-income" means thirty percent to fifty percent of the Los Angeles County median income.

H.

"Regional housing needs assessment," or RHNA, means a process mandated by state housing law as part of the periodic process of updating the general plan housing element that quantifies the need for housing within each jurisdiction during specified planning periods.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.55.040 - Review, permits and approval.

A.

Ministerial Approval and Design Review. Housing development projects that qualify under Section 18.55.020 and are consistent with the provisions of this chapter shall be reviewed, permitted, and approved by the city as by-right uses and as ministerial actions, including design review, in accordance with Chapter 18.93, except that a housing development project with the required lower-income units that require a subdivision action to establish a legal building site for such development shall comply with all applicable requirements of Title 17 and be subject to a discretionary review process and the application types, reviews, and procedures as outlined in this title, unless otherwise exempted by state law.

B.

Zoning Development Standards and Building Standards. Notwithstanding Section 18.55.040(A), all housing development projects pursuant to this Chapter shall comply with all development standards and regulations of the applicable zoning district and other applicable provisions of Title 18, and with all applicable regulations of Title 15.

C.

California Environmental Quality Act. All housing development projects pursuant to this chapter, and that are in conformance with the provisions of this chapter, that qualify for a ministerial review process shall be considered exempt from the California Environmental Quality Act (CEQA). This exemption does not preclude a determination by the city that certain technical reports are required as part of the standard submittal checklist established by the community development director, or as required through the imposition of standard conditions of approval. Any required technical reports shall conform to city

requirements established for such reports. Projects that do not qualify for a ministerial review process shall be reviewed in compliance with the applicable CEQA guidelines for discretionary application types.

D.

Building Permit. All housing development projects pursuant to this chapter, and that are in conformance with the provisions of this chapter, shall require a building permit, subject to all the standard application, review, processing fees, and procedures that apply to building permits generally.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.55.050 - Lower-income unit requirements and standards.

The lower-income units that represent at least twenty percent of the total units of the housing development project must be constructed on the same site as the housing development project and must conform to the following standards.

A.

The units shall remain restricted and affordable to the designated income group for a period of at least forty-five years for owner-occupied units and at least fifty-five years for renter-occupied units.

B.

The units shall have the same exterior appearance and quality of construction as that of market-rate units in the same housing development project.

C.

The units shall have the same amenities as the market-rate units in the same housing development project, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the development.

D.

The unit mix based on bedroom count shall be proportional to the unit mix based on bedroom count provided for the market-rate units in the same housing development project.

E.

The units shall be dispersed throughout the housing development project, on each floor and section of the building(s) and throughout the site such that:

1.

No more than fifty percent of the proposed lower-income units are consolidated into one structure in developments with more than one multi-unit structure; and

2.

No more than twenty percent of the proposed lower-income units in a single multi-unit structure are located adjacent to each other or stacked on consecutive floors unless it is unavoidable due to the required unit mix and distribution.

F.

All lower-income units shall be made available for occupancy concurrently with the market-rate units of the housing development project as follows:

1.

In ownership projects, the city may not issue building permits for more than fifty percent of the market-rate units until it has issued building permits for all of the lower-income units, and the city may not approve any final inspections or certificates of occupancy for more than seventy-five percent of the market-rate units until it has issued final inspections or certificates of occupancy for all of the lower-income units.

2.

In rental projects, the city may not issue building permits for more than fifty percent of the market-rate buildings until it has issued building permits for all buildings containing lower-income units, and the city may not approve any final inspections or certificates of occupancy for more than seventy-five percent of the market-rate buildings until it has issued final inspections or certificates of occupancy for all of the buildings containing lower-income units.

3.

In the event the city approves a phased project, the lower-income units shall be provided proportionally within each phase of the housing development project.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

• 18.55.060 - Housing plan.

A.

An application for approval of a housing development project pursuant to Section 18.55.020 shall include a housing plan describing how the development will comply with the provisions of this chapter. No application for approval of a housing development project shall be deemed complete unless the housing plan is in conformance with this section.

B.

A housing plan shall include a written description and project plans indicating each of the following:

1.

The number of lower-income units proposed.

The unit square footage and number of bedrooms for market-rate and lower-income units and whether they are ownership or rental units.

3.

The proposed location of the lower-income units.

4.

Amenities and services provided for the unit residents.

5.

Specific level of affordability for each of the lower-income units.

6.

Schedule for production of the lower-income and market-rate units.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A housing agreement that includes provisions and terms for meeting the requirements of this chapter shall be approved by the director of community development and recorded as a deed restriction against the property prior to issuance of a certificate of occupancy for the housing development project. The housing agreement shall be completed by the developer on a form acceptable to the city attorney and submitted with an application for the housing development project.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

All lower-income units shall remain affordable to the targeted income group for a period of at least forty-five years for owner-occupied units and at least fifty-five years for renter-occupied units.

B.

The occupancy of the lower-income units shall be governed by the terms of the housing agreement recorded as a deed restriction against the property, which shall establish, at a minimum, the following:

1.

Any eligible household that occupies a lower-income unit must occupy that unit as its principal residence unless otherwise approved in writing for rental to a third-party eligible household for a limited period due to household hardship, as may be specified in the housing agreement.

No household may begin occupancy of a lower-income unit until the household has been determined to be eligible to occupy that unit by the director of community development or designee.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

The city council, by resolution, may establish fees for the ongoing administration and monitoring of the lower-income units, which fees may be updated periodically, as required.

B.

The city council, by resolution, may adopt procedures for implementing this chapter, including documents that establish standards for determining household income, lower-income housing cost, provisions for continued monitoring of tenant eligibility, and other eligibility criteria.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.56 - DEVELOPMENT REVIEW*

The purpose of a development review shall be to ensure that the design is based upon the general architectural character of the neighborhood, design quality, development compliance with the provisions of applicable laws, consistency with the design of the neighborhood in which the development is located, compliance with development standards, guidelines and conditions of approval.

(Ord. 2580 § 5 (part), 1992: Ord. 2515 § 9 (part), 1990)

Development review shall be required prior to the issuance of a building permit for all single-family, duplexes, multiple family, mixed-use, office, commercial and industrial development. Additions to existing single-family, duplexes, multiple family, mixed-use, commercial and industrial development shall also require development review. Submittal of plans for development review shall follow the submittal requirements set forth in Section 18.56.030 of this chapter.

The provisions of this chapter shall not apply to any development projects which are subject to the provisions of Chapters 18.84 through 18.89 requiring application for a certificate of appropriateness, except under certain circumstances when such projects are subject to approval of a certificate of appropriateness waiver.

(Ord. 2723 § 2, 1998: Ord. 2515 § 9 (part), 1990)

(Ord. No. 3019, § 3, 3-25-14; Ord. No. 3159, § 3(Exh. A), 11-12-24)

Where a development review plan is required, the applicant shall submit to the director the following information:

1.

A completed application for development review containing the name, address and telephone number of the applicant, the owner and the person who prepares the plan, the authorized agent, if any; and

2.

The street address and a brief legal description for the property involved, and the names of the streets which serve the subject property; and

3.

The net and gross property size, the number of lots involved, if more than one, and all the lot dimensions and lot areas of each lot as these requirements apply to the specific development; and

4.

The approximate square footage and location of all buildings and structures, including the location and striping of all off-street parking facilities and related parking lot landscaping; and

5.

Conceptual landscape plans for all proposed public and private open spaces and landscaped areas; and

6.

The proposed use or uses of the site and/or building(s); and

7.

Detailed building elevations (front, rear and sides) and floor plans; and

8.

Conceptual elevations of all adjacent buildings in sufficient detail, in the opinion of the director, to determine design compatibility; and

9.

Notification requirements consistent with the level of review authority; and

10.

Such other information as the director deems necessary to meet the purposes of this section and to determine compliance with applicable standards and guidelines.

(Ord. 2515 § 9 (part), 1990)

Upon the receipt of an application for development review, submitted with the requirements of Section 18.56.030 and the appropriate planning services fee(s) in the amount set by the city council, the director shall have thirty calendar days in which to review the application for completeness and provide written notice to the applicant of the deficiencies in the application. The application shall not be processed until such time as the applicant has caused the application to be complete. Once the application has been determined to be complete, the director shall determine whether the application complies with all applicable laws, standards and guidelines. The director shall prepare or cause the preparation of a recommendation regarding the development review. Notwithstanding the approval authority outlined in Section 18.56.045 of the Whittier Municipal Code, the director may refer any development review application to the design review board and/or planning commission for action.

(Ord. 2515 § 9 (part), 1990)

(Ord. No. 3054, § 9, 8-9-16; Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.56.045 - Approval authority.

A.

Director of Community Development. The director shall have the authority to approve, conditionally approve or deny development review applications for:

1.

All construction resulting in a total of not more than two dwelling units on a lot or within a subdivision project, including, but not limited to single-family dwellings, duplexes, mixed-use and live-work developments, additions, accessory structures, pools, siding, windows and re-roofing in the H-R, R-E, R-1, R-2, R-3 and R-4, R-5, C-O, MU1, MU2, MU3, and C-2 (Housing Overlay) and SP (Specific Plan) zones

2.

Multi-family projects of not more than four units designed in compliance with objective design standards (ODS) in Chapter 18.93.

3.

Housing developments that include at least twenty percent of the units to be affordable to lower-income household, pursuant to AB1397.

4.

Residential construction resulting in exterior remodels that propose an additional floor/story;

5.

Residential construction resulting in additional floor area of more than six hundred square feet of the existing floor area that is visible;

Exterior remodeling and additions to existing multiple-family developments which do not exceed six hundred square feet in floor area;

7.

Minor reasonable accommodations, pursuant to Chapter 18.51;

8.

Lot line adjustments, pursuant to Chapter 17.10;

9.

Cottage food operations, pursuant to Chapter 18.10;

10.

All nonresidential construction, additions and exterior remodeling with a floor area not in excess of five thousand square feet

11.

Signs, awnings, landscaping, parking lots, fences, walls, retaining walls and similar permits;

12.

Public notice will be required for development review applications identified in Sections 18.56.045(A)(2), 18.56.045(A)(3) and 18.56.045(A)(7). Public notice of applications for planning director approval shall be given to adjacent property owners and occupants, as appropriate, to include all properties within one hundred feet of the property boundary, and at a minimum, fourteen properties surrounding the project, whichever is greater:

a.

For typical lots, two properties on either side of a subject parcel, five properties behind and five properties across the street from a project.

b.

For corner lots, two properties on interior side of a subject parcel, three properties in front and behind and five properties across the opposite street from a project.

c.

For unusual circumstances, the director of community development shall have the ability to modify the notification requirements.

Public notice exceptions may be granted by the director of community development if the additions are interior to the residential structure or not visible.

14.

Accessory dwelling units and junior accessory dwelling units, notwithstanding subsection B.1 of this subsection, below.

B.

Zoning Administrator. The zoning administrator, pursuant to Section 18.58.060 of this title, shall have the authority to approve, conditionally approve or deny development review applications for:

1.

Development projects resulting in a total of three to nine dwelling units on a lot or within a subdivision project not designed in compliance with objective design standards (ODS) in Chapter 18.93, and additions to existing multiple-family developments which exceed six hundred square feet in floor area.

2.

Nonresidential development projects with a floor area in excess of five thousand square feet, but less than fifteen thousand square feet.

3.

Exceptions from required yards in commercial or manufacturing zones, pursuant to Sections 18.24.040(B) and 18.34.050(B) and over height walls pursuant to Section 18.24.040(F) of this title.

4.

Minor zone variances and minor conditional use permits as listed in Section 18.58.060.

5.

Major reasonable accommodations, pursuant to Chapter 18.51;

6.

Public notice of applications for zoning administrator approval shall be given to adjacent property owners and occupants, as appropriate, to include all properties within one hundred feet of the property boundary, and at a minimum, fourteen properties surrounding the project, whichever is greater:

a.

For typical lots, two properties on either side of a subject parcel, five properties behind and five properties across the street from a project.

b.

For corner lots, two properties on interior side of a subject parcel, three properties in front and behind and five properties across the opposite street from a project.

c.

For unusual circumstances, the director of community development shall have the ability to modify the notification requirements.

C.

Planning Commission. The planning commission, pursuant to Section 18.52.090 of this title, shall have the authority to approve, conditionally approve or deny development review applications for:

1.

Development projects resulting in a total of ten dwelling units or more on a lot or within a subdivision project, not developed in compliance with objective design standards in Chapter 18.93;

2.

Nonresidential development projects with a gross floor area of more than fifteen thousand square feet;

3.

Any development project where alternative development standards are utilized, pursuant to Sections 18.10.040, 18.22.040 and 18.24.050;

4.

Any entitlement applications which require approval of a conditional use permit;

5.

Approval authority on tentative parcel maps, tentative tract maps, and vesting tentative tract maps and other actions mentioned in Title 17;

D.

Design Review Board. The design review board shall be responsible for reviewing and approving project design on a citywide basis including:

1.

Residential development projects consisting of more than four dwelling units designed in compliance with objective design standards (ODS) in Chapter 18.93;

2.

Nonresidential development projects and additions with a floor area in excess of one thousand square feet;

Exterior façade remodels of any buildings located in the Uptown Whittier Specific Plan area regardless if any square footage is being added and/or removed;

4.

Freestanding signs not designed in compliance with the design standards of Section 18.76.060;

5.

Awnings for non-residential uses;

6.

Murals on private property;

7.

Master sign program;

8.

Covered, partially enclosed parking structures for commercial uses that are subject to a discretionary permit;

9.

Screening for every uncovered parking or maneuvering area that is subject to a discretionary permit, which has a common lot line with any R-zoned lot and/or located within twenty-five feet of any property line separating a project area from the street;

10.

Any project which is referred to the board by an approval authority including front yard and street side, side yard fence design exceptions.

11.

Front yard and street side, side yard fence designs that do not conform to the approved fence and wall palette, except properties subject to the provisions of Chapter 18.84.

(Ord. 2839 § 15, 16, 2004: Ord. 2838 § 15, 16, 2004: Ord 2798 §§ 2—5, 2002; Ord. 2765 § 2 (part), 2000; Ord. 2620 § 2 (part), 1994: Ord. 2610 § 1 (R), 1993: Ord. 2580 § 5 (part), 1992: Ord. 2528 § 1, 1991; Ord. 2518 § 8, 1990: Ord. 2515 § 9 (part), 1990)

(Ord. No. 2932, § 11, 8-11-09; Ord. No. 3019, § 4, 3-25-14; Ord. No. 3054, § 10, 8-9-16; Ord. No. 3116, § 16, 5-26-20; Ord. No. 3159, § 3(Exh. A), 11-12-24)

Within ten calendar days of final action on a development review application, the director shall mail to the applicant, a written notice of the decision of the approving authority and any accompanying conditions of

approval. The director shall also give similar notice to the planning commission and/or city council. The action of the director, design review board, zoning administrator or planning commission is final unless appealed in accordance with Section 18.56.055.

(Ord. 2541 § 1 (part), 1991: Ord. 2515 § 9 (part), 1990)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.56.055 - Appeal of action of approving authority.

A.

Within twenty calendar days from the date of the planning director's action on a development review application, or within ten calendar days from the date of the zoning administrator's action, pursuant to Section 18.58.050, the applicant or any aggrieved person, may file with the secretary of the planning commission, a written letter of appeal accompanied by appropriate appeal fee. Upon receipt of such a letter of appeal fee, the secretary shall give the appellant ten calendar days written notice of the time and place of such hearing. Also, within said appeal period as provided in Section 18.52.120(A); any member of the planning commission may appeal the decision.

B.

Within the appeal period provided for in Section 18.52.120(A), for appeal of an action by the planning commission, the applicant or any aggrieved person may file with the secretary of the planning commission or with the city clerk, a written letter of appeal together with an appeal fee as set by the city council.

C.

Notice of the time and place of the public hearing on the appeal pursuant to subsection B of this section, shall be given in the manner provided in Section 18.52.090 of this chapter.

(Ord. 2819 § 4, 2003; Ord. 2620 § 2 (part), 1994; Ord. 2550 § 2, 1991; Ord. 2541 § 1 (part), 1991: Ord. 2533 § 1, 1991: Ord. 2515 § 9 (part), 1990)

(Ord. No. 3112, § 4, 2-25-20; Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.56.056 - Development review approval—Period of validity—Extensions.

The period of validity for any development review approval approved by the city shall be as set forth in Section 18.04.110. Time extension(s) of the period of validity for any development review approval approved by the city shall be granted only in accordance with Sections 18.04.120 and 18.04.130.

(Ord. 2909 § 7, 2008)

18.56.057 - Development review approval—Modification conditions.

Conditions may be modified, eliminated, or new conditions added to any development review approval, in compliance with Section 18.04.120.

(Ord. 2909 § 8, 2008)

The director shall prepare a report to the planning commission describing the application, conditions of approval, specific reasons and explanations of conditions and findings, reasons for the appeal or reasons for the denial, and transmit the report along with any other plans and material necessary for the planning commission to render a decision on the appeal. The planning commission shall consider the appeal with respect to conformance with the Whittier general plan, the zoning ordinance, development guidelines and other city standards. The planning commission shall have the authority to approve, conditionally approve or deny the application. The secretary of the commission shall provide written notification of the action of the planning commission to the appellant within ten calendar days of the action of the planning commission. The decision of the commission shall be final unless appealed to the council in accordance with Section 18.56.055.

(Ord. 2515 § 9 (part), 1990)

The council shall consider an appeal from a decision of the planning commission in the same manner as prescribed in Section 18.56.060. The decision of the council shall be final.

(Ord. 2515 § 9 (part), 1990)

Chapter 18.57 - TWO-UNIT HOUSING DEVELOPMENT[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 3168, § 4(Exh. B), adopted Sept. 23, 2025, amended ch. 18.57 in its entirety to read as herein set out. Former X, §§ 18.57.010—18.57.040, pertained to similar subject matter, and derived from Ord. No. 3132, adopted Dec. 14, 2021.

"Housing development" shall mean no more than two residential units within a single-family residential zone (R-1, R-E and H-R) that meets the requirements of this chapter. The two units may consist of two new units or one new unit and one existing unit.

(Ord. No. 3168, § 4(Exh. B), 9-23-25)

18.57.020 - Approval process.

A housing development shall be administratively approved if it meets the following requirements:

1.

Zoned Single Family. The property is located within a single-family residential zone. Single-family residential zones include R-1 (single-family residential zone), R-E (single-family residential estate zone) and H-R (hillside residential).

2.

Not on Prohibited Land. The property is not located in any of the following areas and does not fall within any of the following categories:

a.

Historic. Designated Historic District or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code as it may be amended from time to time, or within a site that is designated as a city landmark or listed as an eligible city landmark pursuant to Chapter 18.84.

b.

Farmland. Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B) as it may be amended from time to time.

c.

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

d.

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

e.

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

f.

Earthquake Fault Zone. A delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.

g.

Flood Zone. Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of

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

h.

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

i.

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

j.

Conservation Easement. Lands under a conservation easement.

3.

Not Affordable Housing or Rental Property. The proposed housing development would not require demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

b.

Housing that is subject to any form of rent or price control by the city; or

c.

Housing that has been occupied by a tenant in the last three years.

4.

Owners' Rights. A parcel or parcels on which an owner of residential real property exercised rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen years before the date of the application.

(Ord. No. 3168, § 4(Exh. B), 9-23-25)

18.57.030 - Standards and requirements.

A.

The following requirements shall apply in addition to all other objective standards and design guidelines pertaining to the single-family residential zone:

1.

Zero Setback. No setback shall be required for an existing structure or a structure replacing an existing structure located in the same place and to the same dimensions.

2.

Four Foot Setback. Except for those circumstances described in section A.1 above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the single-family residential zone in which the property is located.

3.

Easements. The applicant shall provide easements for the provision of public services and facilities as required.

4.

Access. All lots shall have access to, provide access to, or adjoin the public right-of-way with the minimum width as required under Section 18.48.070(D) of this code.

5.

Parking. Off-street parking shall be one space per unit per parcel created, except that no parking requirements shall be imposed in either of the following circumstances:

a.

The property is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or

b.

There is a car share vehicle located within one block of the property.

6.

Additional Unit. Any unit constructed must be compatible in design to the existing or proposed primary structure and must also comply with the existing accessory dwelling unit standards and requirements set forth in section 18.10.020(I) of this Code unless those standards and requirements conflict with this section or state law, in which case this section and state law apply.

B.

Eight Hundred Square Foot Units. The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units or that would result in a unit size of less than eight hundred square feet.

C.

Connected Structures. The city shall not reject an application solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow a separate conveyance.

D.

Affidavit. An applicant that also proposes an urban lot split under Section 17.06.100 et seq. of this code, shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:

1.

That the onsite uses shall be limited to residential uses.

2.

That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one days.

3.

That the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.

E.

Timing.

1.

An application pursuant to this section shall be considered and approved or denied within sixty days from the date the city receives a completed application. If the city has not approved or denied the completed application within sixty days, the application shall be deemed approved.

2.

If the city denies an application under this section, the city shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

F.

Urban lot split. Notwithstanding anything else in this section to the contrary, if the lot was previously involved in a subdivision pursuant to Section 17.06.100 et seq. (Urban lot split requirements), then an ADU or JADU is allowed if, after construction, there would be no more than two housing units on the lot.

(Ord. No. 3168, § 4(Exh. B), 9-23-25)

The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 3168, § 4(Exh. B), 9-23-25)

Chapter 18.58 - ZONING ADMINISTRATOR

The position of zoning administrator for the city is created. In the absence of a contrary direction by the city council, the director of planning shall serve as zoning administrator for the city, without additional compensation therefor.

(Prior code § 9308(1))

The function of the zoning administrator shall be to hear and consider all applications for minor zone variances; minor conditional use permits as described in this chapter, together with all proceedings relating to the modification and/or revocation thereof, a cottage food operation permit, and development review applications pursuant to Section 18.56.055 of this title.

(Ord. 2620 § 2 (part), 1994: prior code § 9308(2))

(Ord. No. 2998, § 3, 4-23-13)

The zoning administrator shall not act upon any minor conditional use permit application without having set the same for public hearing. The zoning administrator may act upon an application for a minor variance, a cottage food operation permit, or development review application without holding a public hearing, as provided in Section 18.58.060(D). Notice of a hearing on a minor conditional use permit application shall be given as in the case of matters set before the planning commission. In acting upon a variance and/or conditional use permit, or modification or revocation matters relating thereto, the zoning administrator shall be bound by the standards governing the conduct of the planning commission and the city council with respect to variances and conditional use permits as set forth in this code, except as otherwise provided in this chapter.

(Ord. 2620 § 2 (part), 1994: Ord. 2457 § 1, 1989: prior code § 9308(3))

(Ord. No. 2998, § 4, 4-23-13)

Within ten days following the close of a public hearing upon a minor zone variance or a minor conditional use permit, or a modification or revocation proceeding relating to the same, the zoning administrator shall approve, conditionally approve or deny the same. Within thirty days of receipt of a complete application for a cottage food operation permit, the zoning administrator shall approve or deny the same. The zoning administrator's action shall be in written form and shall contain a brief statement of the facts upon which such determination is based. Not later than five working days following the rendering of such

determination, the zoning administrator shall forward a copy of his/her decision by United States mail, postage prepaid, addressed to the applicant and any other persons requesting a copy of the same. The action of the zoning administrator shall be final and conclusive, unless within the time permitted an appeal is filed appealing the decision of the zoning administrator to the planning commission.

(Prior code § 9308(4))

(Ord. No. 2998, § 5, 4-23-13)

18.58.050 - Appeals from administrator decisions—Commission authority.

Within ten days from and after the date of the giving of the notice by the zoning administrator of his/her determination, any person aggrieved by such decision may file a written appeal with the secretary of the planning commission appealing the decision of the zoning administrator. No such appeal shall be accepted unless there is, paid contemporaneously with the filing of such letter, a filing and processing fee in a sum to be set by resolution of the city council. Upon receipt of a timely filed appeal, together with the filing and processing fee, the secretary of the planning commission shall set the matter for a de novo hearing before the planning commission at its next most convenient meeting. In acting upon such appeals, the commission shall conduct de novo hearings and shall act upon such minor zone variance, minor conditional use permit, modification or revocation proceeding relating thereto, or cottage food operation permit, in the same manner as is set forth in this code with respect to original filings in the planning commission.

(Prior code § 9308(5))

(Ord. No. 2998, § 6, 4-23-13)

The zoning administrator of the city shall have the jurisdiction to hear only the following enumerated matters, which for the purposes of Chapters 18.52 through 18.58 shall be described as "minor zone variance" or "minor conditional use permit," as the case may be:

A.

Conditional use permits which would have the effect of allowing the keeping and maintenance, for noncommercial purposes, of any animal, fish or fowl (chickens, turkeys, ducks, geese, etc., as defined in Section 8.28.030 of the WMC) not otherwise permitted pursuant to the provisions of this code, on any R- zoned lot within the city; and

B.

Conditional use permits which would allow the keeping and maintenance of livestock on any R-zoned property within the city; and

C.

Minor variances as follows which would not allow deviation from the standards set forth in this code greater than the percentage listed:

1.

Yard encroachments, twenty percent;

2.

Wall, fence and retaining wall height limitations are in the front yard setback and on the street side, side yard of property adjacent to a public street, ten percent;

a.

Wall, fence and retaining wall height limitations in the rear and interior side yard setback, twenty-five percent. This provision shall not apply to residential property lines that are immediately contiguous to the Greenway Trail, which may have a fence or wall constructed up to ten feet in height, as per Section 18.10.030(D) of the Whittier Municipal Code.

3.

Building height variations, five percent;

4.

Driveway widths, twenty percent;

5.

Distance between buildings and/or structures, ten percent;

6.

Allowed height and background sign area of signs, ten percent; and,

7.

Installation of heating, ventilation and air-conditioning equipment located on the roof of an existing building, where other permitted locations are not possible or practical; and

8.

Minor deviations to zoning development standards not noted above, five percent.

D.

Modification and/or revocation proceedings relating to permits granted pursuant to this section.

E.

Development projects as provided for in Section 18.56.045(B).

F.

Determination of eligibility, upon application, of minor variance exception to amortization provisions for commercial signs, pursuant to Section 18.78.020.

G.

Approval of major reasonable accommodations, pursuant to Chapter 18.51.

H.

Determination of eligibility, upon application, of minor variance exception to amortization provisions for commercial signs, pursuant to Section 18.78.020.

(Ord. 2901 § 2, 2007; Ord. 2900 § 8, 2007; Ord. 2864 § 5, 2005; Ord. 2839 §§ 17, 18, 2004: Ord. 2838 §§ 17, 18, 2004: Ord. 2787 § 16, 2001; Ord. 2746 § 4, 1999; Ord. 2573 § 6, 1992; Ord. 2457 § 2, 1989; Ord. 2345 § 3, 1985: prior code § 9309)

(Ord. No. 2932, § 12, 8-11-09; Ord. No. 2998, § 7, 4-23-13; Ord. No. 3054, § 11, 8-9-16; Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.58.070 - Referral to commission.

Notwithstanding the grant of jurisdiction pursuant to this chapter, the zoning administrator in his/her sole discretion may decline to act on any application for a minor conditional use permit or minor zone variance. If the zoning administrator declines to act, the matter shall be heard by the planning commission pursuant to Chapter 18.52.

(Ord. 2457 § 3, 1989)

Whenever the zoning administrator acts on an application for a minor zone variance pursuant to this chapter, he/she shall advise the planning commission of the action taken.

(Ord. 2457 § 4, 1989)

The period of validity for any zoning administrator approval approved by the city shall be as set forth in Section 18.04.110. Time extension(s) of the period of validity for any zoning administrator approval approved by the city shall be granted only in accordance with Sections 18.04.120 and 18.04.130.

(Ord. 2909 § 9, 2008)

Conditions may be modified, eliminated, or new conditions added to any zoning administrator approval, in compliance with Section 18.04.120.

(Ord. 2909 § 10, 2008)

Chapter 18.60 - AMENDMENTS

The provisions of this title shall be amended, including but not limited to the reclassification of specific properties to different zones, whenever the public interest, convenience and necessity so require.

(Prior code § 9310)

18.60.020 - Initiation—Methods authorized.

A.

Amendments to the provisions of this title or the reclassification of specific properties from one zone to another shall be initiated only in one of the following ways:

1.

By motion of the city council; or

2.

By motion of the commission; or

3.

With reference to the reclassification of specific real property, by the owner thereof or his/her authorized agent, or by any public utility which has commenced the exercise of its power of eminent domain with regard to such property; or

4.

With reference to an amendment to specific regulations, by any person who is a resident of the city or an owner of property within the city.

B.

Nothing contained in this chapter shall be deemed to prevent the city council from taking action pursuant to Section 65858 of the Government Code.

(Prior code § 9311)

The director shall prepare a suitable application form entitled "Request for Zone Change," and shall assist any applicant in preparing the request form. Any such application shall be accepted for filing by the director only upon the payment by the applicant of a filing and processing fee in an amount set by the council. Any applicant may, in writing, withdraw his/her request at any time during the processing of such request; provided, however, that there shall be no refund of any fees paid in connection therewith.

(Prior code § 9312)

A.

The commission shall conduct a noticed public hearing on each proposed amendment. The secretary of the commission shall give notice of such hearing. The notice requirements contained in Section 18.52.090 relating to zone variances and conditional use permits shall also be met, if the request for amendment relates to specific properties.

B.

The applicant, where mailings are required, shall supply the director with a list of the names of property owners who own property within three hundred feet of the external boundaries of the subject property, as set forth in Section 18.52.060.

(Prior code § 9313)

A.

After conducting a hearing on any proposed amendment the commission, based upon its decision as to whether the public interest, convenience and necessity so require, shall take one of the following courses of action:

1.

Recommend to the city council that the requested amendment be granted as requested; or

2.

Recommend to the city council that the requested amendment be granted in part, or as modified by the commission; or

3.

Deny the requested amendment.

B.

The commission's action shall be by resolution, adopted by not less than a majority of its total voting members. Where the commission's action is to deny the requested amendment, such decision shall be final and conclusive in the absence of an appeal, as provided in this chapter. Where the commission's recommendation is made pursuant to subsections A1 and A2, the entire matter requested or initiated shall be considered by the council.

(Prior code § 9314)

A.

The decision of the commission in the case of a denial of a proposed amendment shall be final and conclusive in the absence of an appeal taken in the time and manner specified in Section 18.52.120.

B.

Upon the timely filing of an appeal, together with the payment of a fee in an amount set by the city council, the city clerk shall immediately advise the secretary of the commission thereof, who shall thereupon transmit to the city clerk the commission files in connection with the matter.

(Prior code § 9315; Ord. No. 3112, § 4, 2-25-20)

In the case of an appeal from a decision of the commission, or upon receipt by the city clerk of a commission recommendation relating to an amendment, the city clerk shall give the same type of notice of hearing before the planning commission. The council shall conduct a de novo hearing upon such matter, and shall determine whether such amendment is required in whole or in part by the public interest, convenience and necessity.

(Prior code § 9316; Ord. No. 3112, § 4, 2-25-20)

The city council may impose conditions of approval upon the reclassification of any property from one zone classification to another, where it finds that such conditions must be imposed so that such reclassification shall not create problems inimical to the public health, safety and general welfare of the city.

(Prior code § 9317)