Article 12 Procedures

§ 10-2.2500 Administrative Design Review.

Purpose. The purpose of Administrative Design Review is to enable the Community Development Director or his/her assigned to review minor development projects that otherwise meet the zoning regulations, in terms of the appropriateness of the design. The Community Development Director or his/her assigned shall review:

(1)

All new single-family residences;

(2)

All additions to existing single-family residences where the combined addition is greater than 500 square feet of gross floor area to the dwelling and/or any accessory building;

(3)

All additions to existing single-family residences that entail expansion of floor area above the first story;

(4)

All additions of less than 1,000 gross square feet to multiple-family residential developments containing four or more units;

(5)

All floor area additions to residential developments containing two to three units;

(6)

All new residential developments containing two to 15 units on any lot, subject to a notice of pending decision pursuant to subsection (e) of this section. Any two to 15 unit development involving more than two adjacent lots shall be subject to Planning Commission Design Review pursuant to Section 10-2.2502;

(7)

The addition of an accessory dwelling unit or the addition of two units on a lot that already contains an existing single-family residence (see definition of accessory dwelling unit in Section 10-2.402);

(8)

The addition of a third unit on a lot that already contains two units;

(9)

All Tier 2 AHO projects, which shall be allowed by-right and approved if all objective standards are met, consistent with State law.

(10)

All housing development projects in which at least 20% of the units are dedicated for lower income households and are located on properties identified in Appendix B of the 2021-2029 Housing Element meeting the requirements of either a or b below, which shall be allowed by-right and approved if all objective standards are met, consistent with State law.

Housing Element - Reused Sites. The proposed project site is: (1) listed on Table B-1 in the 2021-2029 Housing Element; (2) identified as a site used in a prior housing element; (3) not listed as vacant; and (4) satisfies any portion of the City's lower income RHNA requirement.

Housing Element - Rezoned Sites. The proposed project site is listed on Table B-2 in the 2021-2029 Housing Element and identified in Table B-2 as satisfying any portion of the City's low- or very low-income RHNA requirement.

(11)

All other development not subject to Planning Commission Design Review pursuant to Section 10-2.2502.

(b)

Criteria. The following criteria shall be used in determining a project's consistency with the intent and purpose of this section:

(1)

All the provisions of this chapter are complied with;

(2)

Traffic congestion or impairment of traffic visibility is avoided;

(3)

Pedestrian safety and welfare are protected;

(4)

The design is compatible with the overall community and surrounding neighborhood;

(5)

The location and design of the project shall not adversely impact surrounding properties or harmfully impact the public health, safety and general welfare;

(6)

The architectural style and design of the project shall:

Enhance the neighborhood, contribute beneficially to the overall design quality and visual character of the community, and maintain a stable, desirable character,

Make use of complementary materials and forms that are harmonious with existing improvements and that soften the appearance of volume and bulk, while allowing flexibility for distinguished design solutions,

Avoid a box-like appearance through variations in the roof line and building elevations and through distinguishing design features,

Continue on all elevations the architectural character established for the street facing elevations to the extent feasible,

Ensure that the physical proportions of the project and the manner in which the project is designed is appropriate in relation to the size, shape, and topography of the site,

Include windows on the front façade,

Provide sufficient area available for use of extensive landscaping to complement the architectural design of the structure, and to minimize the amount of paving to the degree practicable,

Meet the Sign Regulations Criteria in Section 10-2.1802 or demonstrate consistency with a sign program previously approved by the Planning Commission;

(7)

The project shall comply with the Objective Residential Standards adopted by resolution of the City Council. If there is a conflict between "Criteria" (1) through (6) with the Objective Residential Standards, the Objective Residential Standards shall prevail.

(8)

The project shall be consistent with the intent of the Artesia and Aviation Corridors Area Plan as adopted by resolution of the City Council.

(c)

Application.

(1)

The applicant shall file with the Community Development Department a completed application in a form provided by the Community Development Department. A completed application for plan check submitted to the Building Division also constitutes an application for the purposes of this section.

(2)

The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Community Development Department.

(3)

Upon the filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.

(d)

Contents of application. In addition to the application and fee, a site plan, floor plan, and elevations of the project drawn to scale and dimensioned shall be submitted which include the following information as applicable:

(1)

Existing topography and proposed grading;

(2)

Existing trees with a trunk diameter of six inches or greater;

(3)

All buildings and structures, and the uses within each room;

(4)

Improvements in the public right-of-way, including location of sidewalk, parkway, curb, gutter, street width to centerline, and dedications;

(5)

Exterior lighting;

(6)

Easements;

(7)

Off-street parking areas, including the stall striping, aisles, and driveways;

(8)

The lot dimensions;

(9)

Setbacks and spaces between buildings;

(10)

Walls, fences, and landscaping and their location, height, and materials;

(11)

Landscaping areas;

(12)

Trash and recycling facilities;

(13)

The architectural elevations of all sides of all structures depicting design, color, materials, textures, ornaments, or other architectural features;

(14)

The location, dimensions, and design of all signs;

(15)

A section of the building as it relates to the existing topography and proposed grading where the slope of the site is greater than four feet;

(16)

Such other data as may be required to demonstrate that the project meets the criteria.

(e)

Notice of pending decision. Notice of a pending decision by the Community Development Director or his/her assigned shall be given as follows for all nonresidential development under subsection (a)(9) and for new multiple-family developments. For purposes of this section, new multiple-family developments shall mean development of two or three dwelling units on a vacant lot or in conjunction with demolition of 50% or more of the total floor area of existing development on the lot. New development shall not include an "accessory dwelling unit" as defined in Section 10-2.402.

(1)

By mailing a written notice thereof, not less than 10 working days prior to the date of pending approval to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available;

(2)

(3)

The content of the notice of pending decision for an Administrative Design Review shall contain the following information:

The date of filing of the application and the name of the applicant,

The file number assigned to the application,

A description of the proposed development and its location,

The date at which the application is expected to be approved, and

A statement that revisions to the proposed project will be considered by the Community Development Director or his/her assigned upon the written request of any person provided that such written request is received by the Community Development Director or his/her assigned within 10 working days from the date of sending the notice.

(f)

Decision on application. The Community Development Director or his/her assigned shall review the application and shall approve, approve with conditions, or deny the application. Projects meeting the requirements of Section 10-2.2500 (a)(9) or (10) shall be approved if found in compliance with the applicable objective standards per Criteria (7).

(1)

If the decision of the Community Development Director or his/her assigned is to approve the application, an approval stamp shall be affixed to the plans.

(2)

If the approval requires conditions, the conditions will be made part of the approved plans.

(3)

If the project requires a notice of pending decision pursuant to subsection (e) of this section, no decision will be made until completion of the deadline for written requests for revisions. If no written request for revisions is received, the Community Development Director or his/her assigned shall make a decision pursuant to this subsection. If a written request for revisions has been received prior to the deadline, notice of the decision shall be mailed by first class mail within seven days of the decision to the applicant and the person that provided the written request for revisions to the proposed project.

(4)

If the decision of the Community Development Director or his/her assigned is to deny the application, the decision shall be in writing and shall recite the failure to meet the criteria upon which the decision is based. Where the decision is to deny the application, notice of the decision shall be mailed to the applicant by first class mail within seven days of the decision.

(g)

Appeal of decision. The decision of the Community Development Director shall be final and conclusive unless, within 10 days after the date of such decision, a written appeal is filed with the Community Development Department requesting a public hearing before the Planning Commission. In the case of projects not subject to notice of pending decision pursuant to subsection (e) of this section, only the applicant and/or property owner may appeal the decision of the Community Development Director.

(h)

Setting hearings. The Community Development Department shall set an appeal for a public hearing before the Planning Commission in a timely fashion.

(i)

Notice of public hearing before the Planning Commission. Notice of public hearing before the Planning Commission to consider an appeal of the decision of the Community Development Director or his/her assigned shall be given as follows:

(1)

By publication at least once in a weekly newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing; and

(2)

By mailing a written notice thereof, not less than 10 days prior to the date of such hearing to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available; and

(3)

By posting such notice in at least one prominent place on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about the street line of such parcel. In the event more than one parcel is the subject of such hearing, and such parcels comprise 200 or more feet of street frontage, at least one such notice shall be posted on or about the street line at intervals of not less than 200 feet, starting at either end of the subject properties where the property line intersects the street line.

(j)

Decision of the Planning Commission. The decision of the Planning Commission on all applications shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth (10th) day falls on a weekend or holiday):

(1)

A written appeal on the form designated by the City is filed by any interested party with the City Clerk requesting a public hearing before the City Council stating the grounds for the appeal and all required fees for said appeal are paid in full; or

(2)

The Mayor or a member of the City Council requests a public hearing before the City Council stating the grounds for the appeal. Provided however that the City Council member or Mayor requesting the appeal shall disqualify him or herself from hearing the appeal unless he or she can certify in writing that the appeal is being requested as a result of public interest in the decision to be reviewed and he or she has no predisposition against or in favor of the project. The City Council as a whole shall be prohibited from voting to appeal any matter in which they will sit as the reviewing body.

Such Appeal, Or City Council Request For A Public Hearing, Shall Be Set For A Public Hearing By The City Clerk In A Timely Fashion.

(k)

Notice of public hearing before the City Council. Notice of public hearing before the City Council to consider an appeal of the decision of the Planning Commission shall be given pursuant to subsection (i) of this section.

(l)

Decision of the City Council. The decision of the City Council on all applications shall be final and conclusive.

(m)

Expiration. An approval subject to Administrative Design Review shall become null and void unless vested within 36 months after the date of the approval. Such time limits may be extended by the Community Development Director or his/her assigned upon the written request of the applicant and the presentation of proof of an unusual hardship not of the applicant's own making. If an established time limit for development expires, and no extension has been granted, the approval, and all rights and privileges established therein, shall be considered null and void.

(n)

Revocation. After notice to the applicant and subject to appeal to the Planning Commission, the Community Development Director or his/her assigned may revoke or modify any Administrative Design Review approval issued on one or more of the following grounds:

(1)

That the approval was obtained by fraud or misrepresentation;

(2)

That the use for which such approval was granted has ceased for a period of at least 18 consecutive calendar months;

(3)

That changed circumstances have rendered exercise of the approval as originally granted infeasible or inimical to the health, safety and welfare of the community;

(4)

That there has not been substantial compliance with the terms and conditions of the approval;

(5)

That exercise of the approval violates any State, Federal or local statute or regulation;

(6)

That exercise of the rights under the approval is detrimental to the health, safety and welfare of the community;

(7)

That exercise of the rights under the approval constitutes a nuisance.

At any hearing on revocation or modification the permittee and any other person whose property rights are affected by revocation, modification, or continuance of the exercise of rights under the approval, shall have the right to produce any arguments and introduce any evidence in support of their position.

(Ord. 2756 c.s., eff. January 18, 1996, as amended by Ord. 2786 c.s., eff. January 2, 1997; § 6, Ord. 2884 c.s., eff. May 2, 2002, § 5, Ord. 2911 c.s., eff. October 16, 2003, § 12, Ord. 2917 c.s., eff. October 21, 2003, § 4, Ord. 2957 c.s., eff. February 17, 2005, § 1, Ord. 3107 c.s., eff. February 8, 2013, § 1, Ord. 3108 c.s., eff. February 8, 2013, § 2, Ord. 3236 c.s., eff. September 16, 2022, § 3, Ord. 3257 c.s., eff. August 17, 2023, Ord. 3259-23 c.s., eff. October 19, 2023, and Ord. 3282-24 c.s., eff. December 12, 2024)

§ 10-2.2502 Planning Commission Design Review.

(a)

Purpose. Planning Commission Design Review is established to ensure compatibility, originality, variety, and innovation in the architecture, design, landscaping, and site planning of developments in the community. The provisions of this section will serve to protect property values, prevent the blight and deterioration of neighborhoods, promote sound land use, encourage design excellence, and protect the overall health, safety, and welfare of the City. The Planning Commission shall review:

(1)

New construction, in all zones except for the W Waterfront and CC Catalina Corridor zones.

Any new commercial, industrial, mixed use or public development of any size on a vacant site involving more than 10,000 square feet of land;

Any new multi-family residential development containing 16 or more units on any lot and/or any new multi-family residential development do not meet the requirements of Section 10-2.2500(a).

(2)

Addition, nonresidential. Any addition of gross floor area of 1,000 square feet or more, whether attached or detached, to an existing commercial, industrial, mixed use, or public development, on a site involving more than 10,000 square feet of land area.

(3)

Addition, multi-family residential. Any addition of gross floor area of 1,000 square feet or more, whether attached or detached, to a multi-family residential development containing four or more units.

(4)

Other. Other developments as referenced in Title 10, which due to their unique nature, require Planning Commission Design Review, or Harbor Commission Design Review as described in Section 10-5.2512.

(5)

W Waterfront zone, appealable area. Any development that is in the portion of the W Waterfront zone within the "appealable area" for Coastal Permits as defined in Section 10-5.2204(a)(1) and not exempt from Coastal Permit requirements pursuant to Section 10-5.2208(a).

(6)

W Waterfront and CC Catalina Corridor zones. Any new development in the W Waterfront Zone or in the CC Catalina Corridor zone on a site of two or more acres in area.

(7)

Industrial flex (IF) overlay zone. Any new development in the Industrial flex (IF) zone. This excludes qualifying AHO projects as defined in Division 14 that meet the requirements of Section 10-2.2500(a).

(b)

Criteria. The following criteria shall be used in determining a project's consistency with the intent and purpose of this section:

(1)

User impact and needs. The design of the project shall consider the impact and the needs of the user in respect to circulation, parking, traffic, utilities, public services, noise and odor, privacy, private and common open spaces, trash collection, security and crime deterrence, energy consumption, physical barriers, and other design concerns.

(2)

Relationship to physical features. The location of buildings and structures shall respect the natural terrain of the site and shall be functionally integrated with any natural features of the landscape to include the preservation of existing trees, where feasible.

(3)

Consistency of architectural style. The building or structure shall be harmonious and consistent within the proposed architectural style regarding roofing, materials, windows, doors, openings, textures, colors, and exterior treatment.

(4)

Balance and integration with the neighborhood. The overall design shall be integrated and compatible with the neighborhood and shall strive to be in harmony with the scale and bulk of surrounding properties.

(5)

Building design. The design of buildings and structures shall strive to provide innovation, variety, and creativity in the proposed design solution. All architectural elevations shall be designed to eliminate the appearance of flat façades or boxlike construction:

The front façade shall have vertical and horizontal offsets to add architectural interest to the exterior of the building and where possible, bay windows and similar architectural projections shall be used.

The roof planes of the building, as well as the building shape, shall be varied where feasible, and a visible and significant roof line shall be used to soften the vertical mass.

Harmonious variations in the treatment or use of wall materials shall be integrated into the architectural design.

(6)

Signs. Signs and sign programs shall meet the criteria established in Sign Regulation Criteria, Section 10-2.1802.

(7)

Consistency with residential design guidelines. The project shall comply with the Objective Residential Standards adopted by resolution of the City Council.

(8)

Consistency with the Artesia and Aviation Corridors Area Plan. The project shall be consistent with the intent of the Artesia and Aviation Corridors Area Plan as adopted by resolution of the City Council.

(9)

Conditions of approval. The conditions stated in the resolution or design considerations integrated into the project shall be deemed necessary to protect the public health, safety, and general welfare. Such conditions may include, but shall not be limited to:

Changes to the design of buildings and structures;

Additional setbacks, open spaces, and buffers;

Provision of fences and walls;

Street dedications and improvements, including service roads and alleys;

The control of vehicular ingress, egress, and circulation;

Sign requirements or a sign program, consistent with the sign regulations criteria in Section 10-2.1802;

Provision of landscaping and the maintenance thereof;

The regulation of noise, vibration, odor and the like;

Requirements for off-street loading facilities;

Removal of existing billboards on the site, subject to the findings required by Section 10-2.2006(B);

Such other conditions as will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter, the Artesia and Aviation Corridors Area Plan as adopted by the City Council, and the General Plan.

(c)

Application.

(1)

The applicant shall file with the Community Development Department a completed application in a form provided by the Community Development Department.

(2)

(3)

Upon the filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.

(d)

(1)

Existing topography and proposed grading;

(2)

Existing trees with a trunk diameter of six inches or greater;

(3)

All buildings and structures, and the uses within each room;

(4)

Improvements in the public right-of-way, including location of sidewalk, parkway, curb, gutter, street width to centerline, and dedications;

(5)

Exterior lighting;

(6)

Easements;

(7)

Off-street parking areas, including the stall striping, aisles, and driveways;

(8)

The lot dimensions;

(9)

Setbacks and spaces between buildings;

(10)

Walls, fences, and landscaping and their location, height, and materials;

(11)

Landscaping areas;

(12)

Trash and recycling facilities;

(13)

The architectural elevations of all sides of all structures depicting design, color, materials, textures, ornaments, or other architectural features;

(14)

The location, dimensions, and design of all signs;

(15)

A section of the building as it relates to the existing topography and proposed grading where the slope of the site is greater than four feet;

(16)

Such other data as may be required to demonstrate that the project meets the criteria.

(e)

Setting hearings. All applications shall be set for at least one public hearing before the Planning Commission in a timely fashion.

(f)

Notice of public hearing before the Planning Commission. Notice of public hearing before the Planning Commission to consider an application for Planning Commission Design Review shall be given as follows:

(1)

By publication at least once in a weekly newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing; and

(2)

(3)

(g)

Appeal of decision of the Planning Commission. Decisions by the Planning Commission for the approval or denial of an application for Planning Commission Design Review shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth (10th) day falls on a weekend or holiday):

(1)

(2)

Such appeal, or City Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.

(h)

(i)

Decision of the City Council. The decision of the City Council on all applications shall be final and conclusive.

(j)

Expiration. An approval granted pursuant to Planning Commission Design Review shall become null and void unless vested within 36 months after the date of the public hearing at which the vote was taken. Such time limits may be extended by the Planning Commission at a public hearing with notice given pursuant to subsection (f) of this section, upon the written request of the applicant and payment of a fee as set forth by resolution of the City Council. The request shall be filed with the Community Development Department prior to the expiration of the approval and shall include presentation of proof of an unusual hardship not of the applicant's own making. If an established time limit for development expires, and no extension has been granted, the approval, and all rights and privileges established therein, shall be considered null and void.

(k)

Revocation. After notice to the applicant and public hearing, the Planning Commission, subject to appeal to the City Council, may revoke or modify any Planning Commission Design Review issued on one or more of the following grounds:

(1)

That the approval was obtained by fraud or misrepresentation;

(2)

That the use for which such approval was granted has ceased for a period of at least 18 consecutive calendar months;

(3)

That changed circumstances have rendered exercise of the approval as originally granted infeasible or inimical to the health, safety and welfare of the community;

(4)

That there has not been substantial compliance with the terms and conditions of the approval;

(5)

That exercise of the approval violates any State, Federal or local statute or regulation;

(6)

That exercise of the rights under the approval is detrimental to the health, safety and welfare of the community;

(7)

That exercise of the rights under the approval constitutes a nuisance.

(Ord. 2756 c.s., eff. January 18, 1996, as amended by Ord. 2812 c.s., eff. December 4, 1997; § 7, Ord. 2884 c.s., eff. May 2, 2002; § 6, Ord. 2911 c.s., eff. October 16, 2003, § 13, Ord. 2917 c.s., eff. October 21, 2003, § 5, Ord. 2957 c.s., eff. February 17, 2005, § 1, Ord. 3108 c.s., eff. February 8, 2013, § 5, Ord. 3188 c.s., eff. May 16, 2019, § 3, Ord. 3257 c.s., eff. August 17, 2023, Ord. 3259-23 c.s., eff. October 19, 2023, and Ord. 3282-24 c.s., eff. December 12, 2024)

§ 10-2.2504 Zoning amendments.

(a)

Purpose. The purpose of this section is to set forth the method by which the zoning map and/or the zoning regulations of this chapter may be amended.

(b)

Initiation of amendments.

(1)

Zoning map. Zoning Map Amendments may be initiated by:

Action of the City Council or Planning Commission;

Application. The applicant shall file with the Community Development Department a completed application in a form provided by the Community Development Department. Upon the filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.

If property that is the subject of an application is in more than one ownership, all of the owners or their authorized agents shall join in filing the application.

A map showing the location and street address of the property that is the subject of the amendment shall be submitted along with the completed application.

Where the proposed Zoning Map Amendment also requires an amendment to the General Plan map, the amendment to the General Plan shall be considered concurrently with the application.

(2)

Zoning regulations. Amendments to the zoning regulations may be initiated by:

Action of the City Council or Planning Commission;

Recommendation by the Community Development Director or the City Attorney;

Recommendation by the Waterfront and Economic Development Director for regulations affecting the Harbor-Pier area.

(c)

Setting hearings. Where an application has been filed by the property owner for a Zoning Map Amendment, the application shall be set for at least one public hearing before the Planning Commission in a timely fashion.

(d)

Notice of public hearing before the Planning Commission. Notice of public hearing before the Planning Commission shall be given as follows:

(1)

Zoning Map Amendment. Notice of a Zoning Map Amendment shall be given:

By publication at least once in a weekly newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing; and

By mailing a written notice thereof, not less than 10 days prior to the date of such hearing to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available; and

(2)

Zoning regulation amendment relating to permitted uses of property. If the proposed amendment is to the land use regulations affecting the permitted use of real property, the noticing shall be pursuant to subsection (d)(1) of this section, except that if the number of owners to whom notice would be mailed pursuant to this subsection is greater than 1,000, the only notice required shall be a display advertisement of at least one-eighth (1/8) page in a weekly newspaper of general circulation within the City at least 10 days prior to the hearing.

(3)

Zoning regulation amendment relating to development standards. If the proposed amendment is to the zoning regulations and relates to development standards or regulations not relating to the permitted uses of real property, notice shall be given by publication at least once in a weekly newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing.

(e)

Decision of the Planning Commission.

(1)

Following the public hearing, the Planning Commission shall recommend approval, conditional approval or disapproval of the proposal.

(2)

In the case of an application for a Zoning Map Amendment, the Planning Commission may require that a new public hearing be held to consider an expanded area or to consider alternative amendments and a new public hearing shall be held in a timely fashion.

(3)

Once the Planning Commission has completed its hearings and made a recommendation for approval of the Zoning Map Amendment or the amendment to the zoning regulations, the matter shall be set for public hearing before the City Council in a timely fashion.

(4)

A recommendation for denial of the Zoning Map Amendment or amendment to the zoning regulations shall terminate proceedings unless the decision is appealed.

(f)

Appeal of decision of the Planning Commission. Decisions by the Planning Commission for the denial of a Zoning Map Amendment or denial of an amendment to the zoning regulations shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth (10th) day falls on a weekend or holiday):

(1)

(2)

The Mayor or a member of the City Council requests a public hearing before the City Council stating the grounds for the appeal. Provided however that the City Council member or Mayor requesting the appeal shall disqualify him or herself from hearing the appeal unless he or she can certify in writing that the appeal is being requested as a result of public interest in the decision to be reviewed and he or she has no predisposition against or in favor of the amendment. The City Council as a whole shall be prohibited from voting to appeal any matter in which they will sit as the reviewing body. Such appeal, or City Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.

(g)

Notice of public hearing before the City Council. Notice of public hearings before the City Council shall be given pursuant to subsection (d) of this section.

(h)

Decision of the City Council. The decision of the City Council on all proposed zoning amendments shall be final and conclusive.

(Ord. 2756 c.s., eff. January 18, 1996, as amended by § 1, Ord. 3103 c.s., eff. February 8, 2013, § 1, Ord. 3107 c.s., eff. February 8, 2013, and § 1, Ord. 3108 c.s., eff. February 8, 2013)

§ 10-2.2505 General Plan and Specific Plan amendments.

(a)

Purpose. The purpose of this section is to set forth the method by which the General Plan or a Specific Plan may be amended.

(b)

Initiation of amendments.

(1)

General Plan Land Use Map. Amendments to the General Plan Land Use map may be initiated by motion of the City Council or Planning Commission. Where an application has been made for a Zoning Map Amendment pursuant to Section 10-2.2504, that also requires an amendment to the General Plan Land Use map, the amendment to the General Plan shall be considered concurrently.

(2)

General Plan and Specific Plan. Amendments to the General Plan and/or to a Specific Plan may be initiated by:

A motion of the City Council or Planning Commission;

A recommendation by the Community Development Director or the City Attorney;

A recommendation by the Waterfront and Economic Development Director for amendments within the Harbor-Pier area.

(c)

Setting hearings. The request for amendment shall be set for at least one public hearing before the Planning Commission.

(d)

Notice of public hearing before the Planning Commission. Notice of public hearing before the Planning Commission shall be given as follows:

(1)

If the proposed amendment is to the General Plan Land Use map notice shall be given:

By publication at least once in a weekly newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing; and

By mailing a written notice thereof, not less than 10 days prior to the date of such hearing, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available; and

(2)

If the proposed amendment to the General Plan or to a Specific Plan is to the permitted use of real property, the noticing shall be pursuant to subsection (1) of this subsection (d), except that if the number of owners to whom notice would be mailed pursuant to this subsection is greater than 1,000, the only notice required shall be a display advertisement of at least one-eighth (1/8) page in a weekly newspaper of general circulation within the City at least 10 days prior to the hearing.

(3)

If the proposed amendment to the General Plan or to a Specific Plan is to intensity, design and development, or other policies not relating to the permitted uses of real property, notice shall be given by publication at least once in a weekly newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing.

(e)

Decision of the Planning Commission.

(1)

Where the recommendation of the Planning Commission is for approval of the amendment to the General Plan Land Use Map, to the General Plan or to a Specific Plan, the matter shall be set for public hearing before the City Council in a timely fashion.

(2)

A recommendation for denial of the amendment to the General Plan Land Use Map, to the General Plan or to a Specific Plan shall terminate proceedings unless the decision is appealed.

(f)

Appeal of decision of the Planning Commission. Decisions by the Planning Commission for the denial of a proposed amendment to the General Plan Land Use Map, to the General Plan, or to a Specific Plan shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth (10th) day falls on a weekend or holiday):

(1)

(2)

The Mayor or a member of the City Council requests a public hearing before the City Council stating the grounds for the appeal. Provided however that the City Council member or Mayor requesting the appeal shall disqualify him or herself from hearing the appeal unless he or she can certify in writing that the appeal is being requested as a result of public interest in the decision to be reviewed and he or she has no predisposition against or in favor of the amendment. The City Council as a whole shall be prohibited from voting to appeal any matter in which they will sit as the reviewing body. Such appeal, or City Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.

(g)

Notice of public hearing before the City Council. Notice of public hearings before the City Council shall be given pursuant to subsection (d) of this section.

(h)

Decision of the City Council. The decision of the City Council on all proposed amendments to the General Plan Land Use Map, to the General Plan, or to a Specific Plan shall be final and conclusive.

(Ord. 2756 c.s., eff. January 18, 1996, as amended by § 1, Ord. 3103 c.s., eff. February 8, 2013, and § 1, Ord. 3107 c.s., eff. February 8, 2013)

§ 10-2.2506 Conditional Use Permits.

(a)

Purpose. The purpose of a Conditional Use Permit shall be to review certain uses possessing unique characteristics, as listed in Article 2 of this chapter, to insure that the establishment or significant alteration of those uses will not adversely affect surrounding uses and properties nor disrupt the orderly development of the community. The review shall be for the further purpose of stipulating such conditions regulating those uses to assure that the criteria of this section shall be met.

(b)

Criteria. The following criteria shall be used in determining a project's consistency with the intent and purpose of this section:

(1)

The site for the proposed use shall be in conformity with the General Plan, and when located within the Artesia and Aviation Corridors Area Plan area shall be consistent with the intent of the Artesia and Aviation Corridors Area Plan as adopted by resolution of the City Council, and shall be adequate in size and shape to accommodate such use and all setbacks, spaces, walls and fences, parking, loading, landscaping, and other features required by this chapter to adjust such use with the land and uses in the neighborhood.

(2)

The site for the proposed use shall have adequate access to a public street or highway of adequate width and pavement to carry the quantity and kind of traffic generated by the proposed use.

(3)

The proposed use shall have no adverse effect on abutting property or the permitted use thereof.

(4)

The conditions stated in the resolution or design considerations integrated into the project shall be deemed necessary to protect the public health, safety, and general welfare. Such conditions may include, but shall not be limited to:

Additional setbacks, open spaces, and buffers;

Provision of fences and walls;

Street dedications and improvements, including service roads and alleys;

The control of vehicular ingress, egress, and circulation;

Sign requirements or a sign program, consistent with the Sign Regulations Criteria in Section 10-2.1802;

Provision of landscaping and the maintenance thereof;

The regulation of noise, vibration, odor and the like;

Requirements for off-street loading facilities;

A time period within which the proposed use shall be developed;

Hours of permitted operation and similar restrictions;

Removal of existing billboards on the site, subject to the findings required by Section 10-2.2006(b); and

(c)

Application.

(1)

The applicant shall file with the Planning Division a completed application in a form provided by the Planning Division.

(2)

The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Planning Division.

(3)

Upon filing of an application, the applicant shall pay a fee as set forth by resolution of the City Council.

(d)

(1)

Existing topography and proposed grading;

(2)

Existing trees with a trunk diameter of six inches or greater;

(3)

All buildings and structures, and the uses within each room;

(4)

Improvements in the public right-of-way, including location of sidewalk, parkway, curb, gutter, street width to centerline, and dedications;

(5)

Exterior lighting;

(6)

Easements;

(7)

Off-street parking areas, including the stall striping, aisles, and driveways;

(8)

The lot dimensions;

(9)

Setbacks and spaces between buildings;

(10)

Walls, fences, and landscaping and their location, height, and materials;

(11)

Landscaping areas;

(12)

Trash and recycling facilities;

(13)

The architectural elevations of all sides of all structures depicting design, color, materials, textures, ornaments, or other architectural features;

(14)

The location, dimensions, and design of all signs;

(15)

A section of the building as it relates to the existing topography and proposed grading where the slope of the site is greater than four feet;

(16)

Such other data as may be required to demonstrate the criteria have been met.

(e)

Setting hearings. All applications shall be set for at least one public hearing before the Planning Commission in a timely fashion.

(f)

Notice of public hearing before the Planning Commission. Notice of public hearing before the Planning Commission to consider an application for a Conditional Use Permit shall be given as follows:

(1)

By publication at least once in a weekly newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing; and

(2)

By mailing a written notice thereof, not less than 10 days prior to the date of such hearing to the applicant, the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available; and

(3)

(g)

Appeal of decision of the Planning Commission. Decisions by the Planning Commission for the approval or denial of an application for Conditional Use Permit shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth (10th) day falls on a weekend or holiday):

(1)

(2)

Such appeal, or City Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.

(h)

Notice of hearings before the City Council. Notice of public hearing before the City Council to consider an appeal of the decision of the Planning Commission shall be given pursuant to subsection (f) of this section.

(i)

Decision of the City Council. The decision of the City Council on all applications shall be final and conclusive.

(j)

Expiration.

(1)

A Conditional Use Permit shall become null and void unless vested within 36 months after the date of the public hearing at which the vote was taken. Such time limits may be extended by the Planning Commission at a public hearing with notice given pursuant to subsection (f) of this section, upon the written request of the applicant and payment of a fee as set forth by resolution of the City Council. The request shall be filed with the Planning Division prior to the expiration of the approval and shall include presentation of proof of an unusual hardship not of the applicant's own making. If an established time limit for development expires, and no extension has been granted, the approval, and all rights and privileges established therein, shall be considered null and void.

(2)

A Conditional Use Permit issued in conjunction with a vesting tentative map shall not expire until the expiration of such map, and any extension of a vesting tentative map shall automatically extend the Conditional Use Permit to the expiration date of such map.

(k)

Revocation. After notice to the applicant and public hearing, the Planning Commission, subject to appeal to the City Council, may revoke or modify any Conditional Use Permit issued on one or more of the following grounds:

(1)

That the approval was obtained by fraud or misrepresentation;

(2)

That the use for which such approval was granted has ceased for a period of at least 18 consecutive calendar months;

(3)

That changed circumstances have rendered exercise of the approval as originally granted infeasible or inimical to the health, safety and welfare of the community;

(4)

That there has not been substantial compliance with the terms and conditions of the approval;

(5)

That exercise of the approval violates any State, Federal or local statute or regulation;

(6)

That exercise of the rights under the approval is detrimental to the health, safety and welfare of the community;

(7)

That exercise of the rights under the approval constitutes a nuisance.

(Ord. 2756 c.s., eff. January 18, 1996, as amended by Ord. 2812 c.s., eff. December 4, 1997, and § 3, Ord. 3257 c.s., eff. August 17, 2023)

§ 10-2.2507 Administrative Use Permit.

(a)

Purpose. The purpose of an Administrative Use Permit is to enable the Community Development Department to review projects, that otherwise meet the zoning regulations, with regard to the appropriateness of the specific land use at the proposed location. The Community Development Department shall review:

(1)

All personal improvement services that are between 1,001 to 2,000 square feet in floor area;

(2)

All outdoor dining areas greater than 150 square feet in area within the Artesia and Aviation Corridors Area Plan as adopted by resolution of the City Council;

(3)

All restaurants with more than 2,000 square feet floor area and no drive-up service within the Artesia and Aviation Corridors Area Plan as adopted by resolution of the City Council.

(b)

Criteria. The following criteria shall be used in determining a project's consistency with the intent and purpose of this section:

(1)

Noise impacts on surrounding land uses (pursuant to Chapter 24: Noise Regulations);

(2)

Compatibility of hours of operation with surrounding land uses;

(3)

Maximum number of instructors and students (not applicable to outdoor dining and restaurant projects);

(4)

Parking requirements pursuant to Sections 10-2.1706 and 10-5.1706;

(5)

Outdoor dining "criteria" pursuant to Section 10-2.1622 (not applicable to personal improvement projects) and be consistent with the intent of the Artesia and Aviation Corridors Area Plan as adopted by resolution of the City Council; and

(6)

Restaurants with more than 2,000 square feet floor area and no drive-up service (not applicable to personal improvement projects) shall be consistent with the intent of the Artesia and Aviation Corridors Area Plan as adopted by resolution of the City Council.

(c)

Application.

(1)

The applicant shall file with the Community Development Department a completed application in a form provided by the Community Development Department.

(2)

(3)

Upon the filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.

(d)

Contents of application for personal improvement services. In addition to the application and fee, a detailed and dimensioned site plan, existing and proposed floor plan of tenant space, and elevations of the project drawn to scale and dimensioned shall be submitted which include the following information as applicable:

(1)

An inventory of the current uses and sizes (square feet) of all buildings, structures and each of the individual tenant spaces on the subject property.

(2)

A parking analysis detailing the required parking for every tenant space on the subject property and a comparison of the required parking spaces versus the number of provided parking spaces.

(3)

A statement of the maximum number of instructors and students that will occupy the facilities at any given time.

(4)

A business operation plan including a mission statement, hours of operation, class schedule, type of classes, ages of students and target market (financial information not required).

(5)

A description of any ancillary uses/activities which may occur in conjunction with the primary use.

(e)

Decision on application.

(1)

A notice of a pending decision by the Community Development Department shall be given as follows for Administrative Use Permits:

By mailing a written notice thereof, not less than 10 working days prior to the date of pending approval to the applicant, to the owner of the subject property and to the owners of properties within 100 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available; and

The content of the notice of pending decision for an Administrative Use Permit shall contain the following information:

The date of filing of the application and the name of the applicant;

The file number assigned to the application;

A description of the proposed development and its location;

The date at which the application is expected to be approved; and

A statement that revisions to the proposed project will be considered by the Community Development Department upon the written request of any person provided that such written request is received by the Community Development Department within 10 working days from the date of sending the notice.

(2)

If no written request for revisions is received, the Community Development Department shall make a final decision to approve, approve with conditions or to deny. The final decision of the Community Development Department shall be made in writing and shall be mailed to the applicant by first class mail.

(3)

If a written request for revisions has been received prior to the deadline, the applicant and the person that provided the written request for revisions to the proposed project shall be notified by first class mail within seven days of the receipt of the written request that an Administrative Review Conference shall be scheduled. The final decision of the Community Development Department shall be made in writing and shall be mailed to the applicant and the person that provided the written request for revisions to the proposed project by first class mail.

(4)

Where the decision is to deny the application, notice of the decision shall be in writing and shall recite the failure to meet the criteria upon which the decision is based and notice of the decision shall be mailed to the applicant by first class mail within seven days of the decision.

(f)

Appeal of decision. The decision of the Community Development Department shall be final and conclusive unless, within 10 days after the date of such decision, a written appeal is filed with the Community Development Department requesting a public hearing before the Planning Commission.

(g)

Setting hearings. The Community Development Department shall set an appeal for a public hearing before the Planning Commission in a timely fashion.

(h)

(1)

By publication at least once in a weekly newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing; and

(2)

(3)

By posting such notice in at least one prominent place on or about each parcel which is the subject of the proposed action or upon utility poles or sticks along or about the street line of such parcel. In the event more than one parcel is the subject of such hearing, and such parcels comprise 200 or more feet of street frontage, at least one such notice shall be posted on or about the street line at intervals of not less than 200 feet, starting at either end of the subject properties where the property line intersects the street line.

(i)

(1)

(2)

Such appeal, or City Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.

(j)

(k)

Decision of the City Council. The decision of the City Council on all applications shall be final and conclusive.

(l)

Expiration. An approval subject to Administrative Use Permit shall become null and void unless vested within 36 months after the date of the approval. Such time limits may be extended by the Community Development Department upon the written request of the applicant and the presentation of proof of an unusual hardship not of the applicant's own making. If an established time limit for development expires, and no extension has been granted, the approval, and all rights and privileges established therein, shall be considered null and void.

(m)

Revocation. After notice to the applicant and subject to appeal to the Planning Commission, the Community Development Department may revoke or modify any Administrative Use Permit approval issued on one or more of the following grounds:

(1)

That the approval was obtained by fraud or misrepresentation;

(2)

That the use for which such approval was granted has ceased for a period of at least 18 consecutive calendar months;

(3)

That changed circumstances have rendered exercise of the approval as originally granted infeasible or inimical to the health, safety and welfare of the community;

(4)

That there has not been substantial compliance with the terms and conditions of the approval;

(5)

That exercise of the approval violates any State, Federal or local statute or regulation;

(6)

That exercise of the rights under the approval is detrimental to the health, safety and welfare of the community;

(7)

That exercise of the rights under the approval constitutes a nuisance.

(§ 10, Ord. 3077 c.s., eff. July 7, 2011, as amended by § 1, Ord. 3108 c.s., eff. February 8, 2013, and § 3, Ord. 3257 c.s., eff. August 17, 2023)

§ 10-2.2508 Modifications.

(a)

Purpose. The Land Use Administrator may grant Modifications from certain standards and requirements of the zoning ordinance in order to provide both citizens and the City with an expeditious, convenient, and economical solution to certain minor land use problems, serving to free the Planning Commission for the consideration of matters having a broader effect on the community as a whole. The Land Use Administrator shall provide fair and equitable solutions according to law and accepted planning practices when extraordinary conditions warrant a proposed minor deviation from certain standards and requirements of the zoning ordinance. The Land Use Administrator shall be the Community Development Director or, if the Community Development Director so delegates, either the Senior Planner, Associate Planner or the Assistant Planner.

(b)

Criteria. The Land Use Administrator may grant Modifications as described herein subject to the following criteria:

(1)

The location of buildings and structures shall respect the natural terrain of the site in order to minimize grading and to preserve existing mature trees, where feasible.

(2)

The building or structures shall be harmonious and consistent within the proposed architectural style regarding roofing, materials, windows, doors, openings, textures, colors, and exterior treatment.

(3)

The overall design of the building or structures shall be integrated and compatible with the scale of the overall neighborhood and shall strive to be balanced and in harmony with the scale and bulk of surrounding properties.

(c)

Jurisdiction of the Land Use Administrator.

(1)

The Land Use Administrator may approve, conditionally approve, or deny only the following deviations from the standards and requirements of this chapter. In those instances where a project requires a Variance, all proposed deviations, even those that would otherwise qualify for consideration as Modifications under the provisions of this section, shall be considered as Variances and processed as provided for in Section 10-2.2510 of this article.

A maximum 50% reduction in the required side setback up to a minimum side setback dimension of 30 inches;

A maximum 50% reduction in the required rear setback up to a minimum rear setback dimension of 10 feet;

A maximum 25% reduction in the required first floor front setback for a single-family home where there are existing variable setbacks on the same block face;

A reduction in average second story front setbacks as follows:

For new construction, a maximum five foot reduction in the average second story front setback, provided other design solutions are utilized to minimize the appearance of mass and bulk (including, but not limited to, increasing first floor and/or side setbacks, or lowering building height along the street-facing elevation);

For additions to existing homes, a partial or full reduction in the average second story front setback, provided the required average second story front setback is not reasonably feasible and provided other design solutions are utilized to minimize the appearance of mass and bulk along the front and side elevations;

A maximum thirty-three and one-third (33 1/3%) percent increase in the allowable height of walls;

A maximum one-foot reduction in the turning radius of ninety (90°) degree parking stalls where the width of the stalls is increased by one foot;

When making additions that expand the building area of an existing single-family residence, duplex, or an accessory building on the same site, a waiver of the requirement for a two car garage or two parking spaces per unit as applicable;

A maximum 25% reduction in the required outdoor living space to a minimum of 600 square feet when expanding an existing single-family home;

An encroachment into the front setback for a private garage which is accessory to a single-family dwelling in a residential zone (subject to the standards of subsection (d) of Section 10-2.1500), or an encroachment into the 19 foot distance between garage openings and the property line abutting the side street on corner lots (subject to the standards of subsection (d) of Section 10-2.1500), when such lot has an elevation of four feet or more above or below the street elevation within 30 feet of the street-abutting property line, subject to the following criteria:

The design of the project is necessary to provide a safe and useable private garage,

The overall design is integrated and compatible, to the extent possible, with the scale of the neighborhood and is balanced and in harmony, to the extent possible, with the surrounding properties,

The style of the building regarding roofing, materials, windows, texture, and colors is consistent and harmonious with the main building,

The proposed private garage is functionally integrated with the natural features of the landscape, including the prevention of soil erosion or other detrimental physical effects to the site;

A maximum 50% reduction in the setback between dwelling units for patios, sunrooms, atriums, and other unheated space;

A maximum thirty-three and one-third (33 1/3%) percent increase in the allowable horizontal dimensions applicable to arbors or similar structures in Section 10-2.1522(a)(2)(e).

(2)

The Land Use Administrator may decline to handle or determine a matter which otherwise qualifies for consideration as a Modification under the provisions of this section and may instead refer such matter to the Planning Commission for consideration as a Variance as provided for in Section 10-2.2510 of this article.

(d)

Application.

(1)

The applicant shall file with the Planning Division a completed application in a form provided by the Planning Division.

(2)

The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Planning Division.

(3)

Upon the filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.

(e)

(1)

Existing topography and proposed grading;

(2)

Existing trees with a trunk diameter of six inches;

(3)

All buildings and structures, and the uses within each room;

(4)

Improvements in the public right-of-way, including location of sidewalk, parkway, curb, gutter, street width to centerline, and dedications;

(5)

Exterior lighting;

(6)

Easements;

(7)

Off-street parking areas, including the stall striping, aisles, and driveways;

(8)

The lot dimensions;

(9)

Setbacks and spaces between buildings;

(10)

Walls, fences, and landscaping and their location, height, and materials;

(11)

Landscaping areas;

(12)

Trash and recycling facilities;

(13)

The architectural elevations of all sides of all structures depicting design, color, materials, textures, ornaments, or other architectural features;

(14)

The location, dimensions, and design of all signs;

(15)

A section of the building as it relates to the existing topography and proposed grading where the slope of the site is greater than four feet;

(16)

Such other data as may be required to demonstrate that the project meets the criteria.

(f)

Land Use Administrator decision and notice. The Land Use Administrator shall consider all pertinent information and, within 21 days after the receipt of a Modification application, render and give notice of a decision to approve, conditionally approve, or deny the request. Such decisions shall be embodied in a "Notice of Decision on Modification Request" and shall describe the subject property in terms adequate to identify it, shall set forth the request of the applicant, shall set forth the decision of the Land Use Administrator, and shall note that the decision shall become final and conclusive unless an appeal is filed within 10 days of the date of such notice. The notice shall be sent to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available.

(g)

Request for neighborhood hearing. Decisions of the Land Use Administrator shall be final and conclusive unless within 10 days of the date of the notice, a written appeal setting forth all the points of disagreement with the Land Use Administrator is filed with the Planning Division requesting a neighborhood hearing before the Land Use Administrator. Such matter shall be set for hearing before the Land Use Administrator in a timely fashion.

(h)

Notice of neighborhood hearing.

(1)

Notice of the neighborhood hearing before the Land Use Administrator shall be given by mailing a written notice thereof, not less than 10 days prior to the date of such hearing, to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available.

(2)

Notice of a neighborhood hearing before the Land Use Administrator shall consist of the caption "Notice of Neighborhood Hearing Regarding Modification Request" or other descriptive title, shall describe the subject property in any terms adequate to identify it, shall set forth the request of the applicant, shall give the time and place at which the hearing will be held, and shall advise those so notified that they may attend and be heard.

(i)

Neighborhood hearing and notice of new decision. The Land Use Administrator shall establish reasonable rules governing the conduct of neighborhood hearings and may administer oaths to persons testifying at the hearing. Upon completion of the neighborhood hearing, the Land Use Administrator shall consider all pertinent information and testimony and, within 12 days thereafter, render and give notice of a new decision that restates, modifies, or reverses the earlier decision. Such new decision shall be embodied in a "Notice of Findings and Determinations at Neighborhood Hearing." The notice shall be mailed to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available. The decision of the Land Use Administrator for the approval or denial of an application for Modification shall be final and conclusive unless, within 10 days of the date of such notice a written appeal, setting forth all the points of disagreement with the Land Use Administrator, is filed with the Planning Division requesting a public hearing before the Planning Commission.

(j)

Appeal of decision of the Land Use Administrator. The Planning Division shall set an appeal for a public hearing before the Planning Commission in a timely fashion.

(k)

Notice of public hearing before the Planning Commission. Notice of public hearing before the Planning Commission to consider an appeal from the decision of the Land Use Administrator shall be given as follows:

(1)

By publication at least once in a weekly newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing; and

(2)

(3)

(l)

Appeal of decision of the Planning Commission. Decisions by the Planning Commission for the approval or denial of an application for Modification shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth (10th) day falls on a weekend or holiday):

(1)

(2)

Such appeal, or City Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.

(m)

Notice of public hearing before the City Council. Notice of public hearing before the City Council to consider an appeal from the decision of the Planning Commission shall be given pursuant to subsection (k) of this section.

(n)

Decision of the City Council. The decision of the City Council on all applications shall be final and conclusive.

(o)

Expiration. A Modification shall become null and void unless vested within 36 months after the date of the approval of the Modification. Such time limits may be extended by the Land Use Administrator upon the written request of the applicant and payment of a fee as set forth by resolution of the City Council. The request shall be filed with the Planning Division prior to the expiration of the approval and shall include presentation of proof of an unusual hardship not of the applicant's own making. If an established time limit for development expires, and no extension has been granted, the approval, and all rights and privileges established therein, shall be considered null and void.

(Ord. 2756 c.s., eff. January 18, 1996, as amended by Ord. 2801 c.s., eff. June 5, 1997, § 14, Ord. 2917 c.s., eff. October 21, 2003, and § 1, Ord. 3107 c.s., eff. February 8, 2013)

§ 10-2.2510 Variances.

(a)

Purpose. The purpose of a variance is to authorize development of a project which does not meet the standards and/or regulations of Title 10, except that a Variance shall not be granted which authorizes a use or activity which is not otherwise expressly authorized by the zone.

(b)

Criteria. Variances from the standards and regulations of this chapter shall be granted only when:

(1)

There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of the zoning provisions deprives such property of privileges enjoyed by other property in the vicinity and under identical zone designation;

(2)

Any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and

(3)

The granting of a Variance shall not be contrary to the objectives of the Comprehensive General Plan.

(c)

Application.

(1)

The applicant shall file with the Planning Division a completed application in a form provided by the Planning Division.

(2)

The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Planning Division.

(3)

Upon the filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.

(d)

(1)

Existing topography and proposed grading;

(2)

Existing trees with a trunk diameter of six inches or greater;

(3)

All buildings and structures, and the uses within each room;

(4)

Improvements in the public right-of-way, including location of sidewalk, parkway, curb, gutter, street width to centerline, and dedications;

(5)

Exterior lighting;

(6)

Easements;

(7)

Off-street parking areas, including the stall striping, aisles, and driveways;

(8)

The lot dimensions;

(9)

Setbacks and spaces between buildings;

(10)

Walls, fences, and landscaping and their location, height, and materials;

(11)

Landscaping areas;

(12)

Trash and recycling facilities;

(13)

The architectural elevations of all sides of all structures depicting design, color, materials, textures, ornaments, or other architectural features;

(14)

The location, dimensions, and design of all signs;

(15)

A section of the building as it relates to the existing topography and proposed grading where the slope of the site is greater than four feet;

(16)

Such other data as may be required to demonstrate that the project meets the criteria.

(e)

Setting hearings. All applications shall be set for at least one public hearing before the Planning Commission in a timely fashion.

(f)

Notice of public hearing before the Planning Commission. The notice of the public hearing before the Planning Commission shall be given as follows:

(1)

By publication at least once in a weekly newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing; and

(2)

(3)

(g)

Appeal of decision of the Planning Commission. Decisions by the Planning Commission for the approval or denial of an application for a Variance shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth (10th) day falls on a weekend or holiday):

(1)

(2)

Such appeal, or City Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.

(h)

(i)

Decision of the City Council. The decision of the City Council on all applications shall be final and conclusive.

(j)

Expiration. A Variance shall become null and void unless vested within 36 months after the date of the public hearing at which the vote was taken. Such time limit may be extended by the Planning Commission at a public hearing with notice given pursuant to subsection (f) of this section, upon the written request of the applicant and payment of a fee as set forth by resolution of the City Council. The request shall be filed with the Planning Division prior to the expiration of the approval and shall include presentation of proof of an unusual hardship not of the applicant's own making. If an established time limit for development expires, and no extension has been granted, the approval, and all rights and privileges established therein, shall be considered null and void.

(k)

Revocation. After notice to the applicant and public hearing, the Planning Commission, subject to appeal to the City Council, may revoke or modify any Variance issued on one or more of the following grounds:

(1)

That the approval was obtained by fraud or misrepresentation;

(2)

That the use for which such approval was granted has ceased for a period of at least 18 consecutive calendar months;

(3)

That changed circumstances have rendered exercise of the approval as originally granted infeasible or inimical to the health, safety and welfare of the community;

(4)

That there has not been substantial compliance with the terms and conditions of the approval;

(5)

That exercise of the approval violates any State, federal or local statute or regulation;

(6)

That exercise of the rights under the approval is detrimental to the health, safety and welfare of the community;

(7)

That exercise of the rights under the approval constitutes a nuisance.

(Ord. 2756 c.s., eff. January 18, 1996)

§ 10-2.2512 Review of projects in the Harbor-Pier area.

The Establishment Of Uses And The Development Of Structures Within The Harbor-Pier Area, Depicted In Subsection (A) Of This Section, Shall Be Subject To The Requirements Of Section 10-2.2500 (Administrative Design Review), Section 10-2.2502 (Planning Commission Design Review), Section 10-2.2506 (Conditional Use Permits), Section 10-2.2510 (Variances), Section 10-2.2514 (Planned Development Review), Section 10-2.2518 (Development Agreements), And Section 10-2.2520 (Temporary Use Permits), Except That All References To The Planning Commission Shall Mean The Harbor Commission, All References To The Planning Division Shall Mean The Community Development Department, And All References To The Community Development Director Shall Mean The Waterfront And Economic Development Director.

(a)

Harbor-Pier area boundary.

(Ord. 2756 c.s., eff. January 18, 1996, as amended by § 1, Ord. 3103 c.s., eff. February 8, 2013, § 1, Ord. 3104 c.s., eff. February 8, 2013, and § 1, Ord. 3107 c.s., eff. February 8, 2013)

§ 10-2.2514 Planned Development Review.

(a)

Purpose. The purpose of Planned Development Review is to establish a procedure for review of:

(1)

A new development project in conjunction with an application for establishment of a Planned Development (PLD) overlay zone on a project site.

(2)

An addition of gross floor area to an existing project in a Planned Development (PLD) overlay zone, whether attached or detached, where the addition results in an increase of 50% or more of the existing gross floor area or 1,000 square feet, whichever is less; or, a major exterior alteration or substantial change in use to an existing project in a Planned Development (PLD) overlay zone.

(b)

Eligibility. No project on a site containing less than 20,000 square feet in area shall be eligible for Planned Development Review.

(c)

Criteria. The following criteria shall be used in determining a project's consistency with the intent and purpose of this section:

The front facade shall have vertical and horizontal offsets to add architectural interest to the exterior of the building and where possible, bay windows and similar architectural projections shall be used.

The roof planes of the building, as well as the building shape, shall be varied where feasible, and a visible and significant roof line shall be used to soften the vertical mass.

Harmonious variations in the treatment or use of wall materials shall be integrated into the architectural design.

(6)

Signs. Signs and sign programs shall meet the criteria established in Sign Regulation Criteria, Section 10-2.1802.

(d)

Application.

(1)

The applicant shall file with the Planning Division a completed application in a form provided by the Planning Division.

(2)

The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Planning Division.

(3)

Upon the filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.

(e)

(1)

Existing topography and proposed grading;

(2)

Existing trees with a trunk diameter of six inches or greater;

(3)

All buildings and structures, and the uses within each room;

(4)

Improvements in the public right-of-way, including location of sidewalk, parkway, curb, gutter, street width to centerline, and dedications;

(5)

Exterior lighting;

(6)

Easements;

(7)

Off-street parking areas, including the stall striping, aisles, and driveways;

(8)

The lot dimensions;

(9)

Setbacks and spaces between buildings;

(10)

Walls, fences, and landscaping and their location, height, and materials;

(11)

Landscaping areas;

(12)

Trash and recycling facilities;

(13)

The architectural elevations of all sides of all structures depicting design, color, materials, textures, ornaments, or other architectural features;

(14)

The location, dimensions, and design of all signs;

(15)

A section of the building as it relates to the existing topography and proposed grading where the slope of the site is greater than four feet;

(16)

Such other data as may be required to demonstrate that the criteria have been met.

(f)

Setting hearings. All applications shall be set for at least one public hearing before the Planning Commission in a timely fashion.

(g)

Notice of public hearing before the Planning Commission. The notice of the public hearing before the Planning Commission shall be given as follows:

(1)

By publication at least once in a weekly newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing; and

(2)

(3)

(h)

Decision of the Planning Commission.

(1)

Following the public hearing, the Commission shall make specific findings as to whether or not the proposed project is consistent with the policies of the General Plan and the purposes of this title, and shall recommend approval, conditional approval or disapproval of the Planned Development Review.

(2)

If the recommendation is for approval, the matter shall be set for public hearing before the City Council in a timely fashion.

(3)

A recommendation for denial of the Planned Development Review shall terminate proceedings unless the decision is appealed.

(i)

Appeal of decision of the Planning Commission. Decisions by the Planning Commission for the denial of a Planned Development Review shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth (10th) day falls on a weekend or holiday):

(1)

(2)

Such appeal, or City Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.

(j)

Notice of public hearing before the City Council. Notice of public hearings before the City Council shall be given pursuant to subsection (g) of this section.

(k)

Decision of the City Council. The decision of the City Council on all Planned Development reviews shall be final and conclusive.

(l)

Expiration. An approval granted pursuant to Planned Development Review shall become null and void unless vested within 36 months after the date of the public hearing at which the vote was taken. Such time limits may be extended by the Planning Commission at a public hearing with notice given pursuant to subsection (g) of this section, upon the written request of the applicant and payment of a fee as set forth by resolution of the City Council. The request shall be filed with the Planning Division prior to the expiration of the approval and shall include presentation of proof of an unusual hardship not of the applicant's own making. If an established time limit for development expires, and no extension has been granted, the approval, and all rights and privileges established therein, shall be considered null and void.

(Ord. 2756 c.s., eff. January 18, 1996)

§ 10-2.2516 Historic Variances.

(a)

Purpose. Historic Variances are intended to provide relief from strict compliance with development standards and/or regulations of Title 10 that may impair the ability of a landmark or historic district building or site to be properly used for adaptive reuse and/or to be altered in a manner that will have the least impact upon its historic character and the surrounding area. The intent is to grant Historic Variances only to the extent that they are necessary to achieve the objectives stated and no further.

(b)

Eligibility.

(1)

No property shall be eligible for a Historic Variance unless and until such property is designated as a landmark or is within a designated historic district pursuant to Article 2, Chapter 4, Title 10 of the Redondo Beach Municipal Code.

(2)

In the event that a property loses its status as a landmark or part of a historic district, the provisions of this section shall thereafter be rendered inapplicable to such property.

(c)

Criteria. A Historic Variance shall be granted only when:

(1)

The Historic Variance is necessary to provide for the appropriate adaptive reuse of an existing building, and/or to provide for the design and alteration of a building or site in a manner that will enhance its functional use and utility;

(2)

The Historic Variance will not prevent the use from being able to adequately function on the site;

(3)

The Historic Variance will not adversely impact property within the neighborhood and historic district, if a district has been formed;

(4)

The granting of the Historic Variance will not be contrary to the objectives of the General Plan.

(d)

Application. An application for Historic Variance shall be processed the same as Variances as described in Section 10-2.2510(c), (d), (e), (f), (g), (h), and (i).

(e)

Expiration. A Historic Variance shall become null and void unless vested within 36 months after the date of the public hearing at which the vote was taken. Such time limits may be extended by the Planning Commission at a public hearing with notice given pursuant to subsection (f) of Section 10-2.2510, upon the written request of the applicant and payment of a fee as set forth by resolution of the City Council. The request shall be filed with the Planning Division prior to the expiration of the approval and shall include presentation of proof of an unusual hardship not of the applicant's own making. If an established time limit for development expires, and no extension has been granted, the approval, and all rights and privileges established therein, shall be considered null and void.

(f)

Revocation. After notice to the applicant and public hearing, the Planning Commission, subject to appeal to the City Council, may revoke or modify any Historic Variance issued on one or more of the following grounds:

(1)

That the approval was obtained by fraud or misrepresentation;

(2)

That the use for which such approval was granted has ceased for a period of at least 18 consecutive calendar months;

(3)

That changed circumstances have rendered exercise of the approval as originally granted infeasible or inimical to the health, safety and welfare of the community;

(4)

That there has not been substantial compliance with the terms and conditions of the approval;

(5)

That exercise of the approval violates any State, federal or local statute or regulation;

(6)

That exercise of the rights under the approval is detrimental to the health, safety and welfare of the community;

(7)

That exercise of the rights under the approval constitutes a nuisance.

(Ord. 2756 c.s., eff. January 18, 1996)

§ 10-2.2518 Development Agreements.

(a)

Purpose.

(1)

This section is enacted pursuant to Article 2.5 of Chapter 4 of Division 1 of Title 7 of the Government Code of the State (Sections 65864 et seq.). The purpose of this section is to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development by providing an option to both the City and project proponents to enter into a Development Agreement. To accomplish this purpose the procedures, requirements, and other provisions of this article are determined to be necessary to promote orderly growth, development, and economic welfare, and to ensure adequate circulation, utilities, public improvements and public services.

(2)

Unless otherwise provided by the Development Agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to a development of the property subject to a Development Agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. However, a Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a Development Agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.

(b)

Criteria. The Planning Commission and City Council shall find that the proposed Development Agreement is:

(1)

Consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable Specific Plan;

(2)

Compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located;

(3)

In conformity with the public convenience, general welfare, and good land use practices;

(4)

Not detrimental to the health, safety, and general welfare; and

(5)

Will not adversely affect the orderly development of property or the preservation of property values.

(c)

Application and contents of Development Agreement.

(1)

The applicant shall file with the Planning Division a completed application in a form provided by the Planning Division.

(2)

(3)

Upon the filing of an application, the applicant shall pay a fee as set forth by resolution of the City Council.

(4)

The City may require an applicant to submit such information and supporting data as the Community Development Director considers necessary to process the application.

(5)

Each application shall be accompanied by the Development Agreement proposed by the applicant. The Development Agreement shall contain, at a minimum, the following information:

The duration of the agreement;

The permitted uses of the property;

The density or intensity of the proposed use;

The maximum height and size of proposed buildings;

The provisions for reservation or dedication of land for public purposes;

The provisions for periodic reviews at least every 12 months.

(d)

Setting Planning Commission hearings. All applications shall be set for at least one public hearing before the Planning Commission in a timely fashion.

(e)

Notice of public hearing before the Planning Commission. Notice of public hearing before the Planning Commission to consider an application for a Development Agreement shall be given as follows:

(1)

By publication at least once in a weekly newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing; and

(2)

(3)

(4)

Additional notice. For any Development Agreement in the Harbor-Pier area, the notice shall also be mailed to each master lessee in the Harbor-Pier area, and shall be posted in at least two public places on each master leasehold in the Harbor-Pier area.

(f)

Setting City Council hearings. The City Council shall hold a public hearing, after which it may accept, modify, or disapprove the recommendation of the Planning Commission and approve, approve with conditions, or disapprove the Development Agreement.

(g)

Notice of public hearing before the City Council. Notice of public hearing before the City Council to consider the recommendation of the Planning Commission and the proposed Development Agreement shall be given as follows:

(1)

By publication at least once in a weekly newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing; and

(2)

(3)

(h)

Approval of Development Agreements. If the City Council approves the Development Agreement, it shall do so by the adoption of an ordinance. The agreement shall take effect upon the effective date of the ordinance codified in this section.

(i)

Recordation. Within 10 days after the City enters into a Development Agreement, the City Clerk shall have the agreement recorded with the County Recorder. If the agreement is amended or cancelled as provided in Section 10-2.2518(k), City Clerk shall have notice of such action recorded with the County Recorder.

(j)

Periodic reviews.

(1)

The Planning Commission shall review the Development Agreement every 12 months after the date the agreement is entered into. It shall be the project proponent's responsibility to apply in a timely fashion for the annual review. The time for the review may be modified either by agreement between the parties, or by decision of the Planning Commission.

(2)

Notice shall be given to the property owner that the Planning Commission intends to undertake the review of the Development Agreement. The notice shall be given by first class mail and shall be mailed at least 10 days in advance of the time at which the matter will be considered by the Planning Commission.

(3)

The Planning Commission shall conduct a hearing at which the property owner shall demonstrate good faith compliance with the terms of the agreement. The burden of proof on such issue shall be upon the property owner.

(4)

The Planning Commission shall determine upon the basis of substantial evidence whether or not the property owner, for the period under review, has complied in good faith with the terms and conditions of the agreement.

If the Planning Commission finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for such period shall be concluded.

If the Planning Commission finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Commission shall forward its recommendation to the City Council, and the City Council may propose to amend or cancel the agreement. Notice shall be given to the property owner that the City Council intends to undertake the review of the Development Agreement. The notice shall be given by first class mail and shall be mailed at least 10 days in advance of the time at which the matter will be considered by the City Council.

(k)

Amendments or cancellation.

(1)

Either party may propose an amendment to or cancellation in whole or in part of the Development Agreement previously entered into.

(2)

The procedure for proposing and adopting an amendment to or cancellation in whole or in part of the Development Agreement shall be the same as for entering into an agreement pursuant to Section 10-2.2518(d), (e), (f), (g), and (h).

(3)

The decision of the City Council to amend or cancel the agreement shall be final.

(Ord. 2756 c.s., eff. January 18, 1996, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013)

§ 10-2.2520 Temporary Use Permits.

(a)

Purpose. Temporary Use Permits may be issued to authorize the establishment of temporary uses on private property and are not intended to regulate temporary uses in public parks or on public right-of-ways. Temporary uses shall not include live entertainment subject to approval by the City Council pursuant to Chapter 17 of Title 4 of the Municipal Code. Typical temporary uses include pumpkin and Christmas tree lots; carnivals and circuses; special outdoor retail sales promotions; and similar unique and infrequent or irregularly occurring events.

(b)

Criteria. The following criteria shall be used in determining the suitability and compatibility of a temporary use.

(1)

The operation of the requested temporary use shall have no adverse effect on abutting property or jeopardize public health, safety, and general welfare.

(2)

The site is adequate to accommodate the proposed use and shall include provision of off-street parking where feasible.

(3)

The time period and hours of operation for the temporary use shall be clearly specified and provision shall be made for the removal, clean-up, and restoration of the site.

(4)

The temporary use will be located, operated and maintained in a manner consistent with the General Plan and with the use classification for the zone.

(c)

Application.

(1)

The applicant shall file with the Planning Division a completed application in a form provided by the Planning Division.

(2)

The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Planning Division.

(3)

Upon filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.

(d)

Contents of application. In addition to the application and fee, a site plan drawn to scale and dimensioned shall be submitted which includes the following information:

(1)

All buildings and structures on the site;

(2)

Off-street parking spaces, driving aisles, and driveways;

(3)

The location and dimensions of the temporary use;

(4)

Such other data as may be required to demonstrate that the project meets the criteria.

(e)

Decision on application. Within seven days after the submission of an application for a Temporary Use Permit, the Community Development Director shall review the application and shall approve, approve with conditions, or deny the application.

(1)

If the decision of the Community Development Director is to approve the application, an approval stamp shall be affixed to the application and/or site plan.

(2)

If the decision of the Community Development Director is to deny the application, the decision shall be in writing and shall recite the failure to meet the criteria upon which his or her decision is based. Where the decision is to deny the application, notice of the decision shall be mailed to the applicant by first class mail within seven days of the decision.

(f)

Appeal of decision denying the application. The decision of the Community Development Director to deny the application shall be final and conclusive unless, within 10 days after the date of such decision, a written appeal is filed with the Planning Division requesting consideration by City Council.

(g)

Consideration by City Council. The Planning Division shall prepare a report to the City Council on the denial of the request for temporary use, and shall present such report at a regular meeting of the City Council.

(h)

Decision of the City Council. The decision of the City Council on all applications for temporary uses shall be final and conclusive.

(i)

Expiration. An approval of a temporary use shall be effective only for the use, time, date and location applied for and shall become null and void upon passage of the time and date contained within the application.

(j)

Extensions. The Community Development Director may grant an extension of the time and date provisions of a Temporary Use Permit upon written request of the applicant. Such extension, if granted, shall be subject to the criteria of this section and shall comply with any conditions of operation previously imposed.

(k)

Revocation. A Temporary Use Permit may be revoked if the use is operated in violation of the criteria of this section or in violation of conditions of operation contained within the permit. Notice of intent to revoke the permit shall be posted on the property and shall be mailed to the applicant by certified mail. The notice shall state that the temporary use shall become null and void within 24 hours of the date and time of the notice unless a written appeal is filed by the applicant with the Planning Division requesting a hearing before the Chief Building Official. Such appeal hearing on the revocation of the permit shall be held in a timely fashion. The decision of the Chief Building Official shall be final and conclusive.

(Ord. 2756 c.s., eff. January 18, 1996, as amended by Ord. 2759 c.s., eff. April 18, 1996; Ord. 2760 c.s., eff. April 18, 1996; Ord. 2761 c.s., eff. April 18, 1996; Ord. 2762 c.s., eff. April 18, 1996; Ord. 2763 c.s., eff. April 18, 1996; Ord. 2767 c.s., eff. June 6, 1996; Ord. 2783 c.s., eff. January 2, 1997; Ord. 2784 c.s., eff. January 2, 1997; Ord. 2792 c.s., eff. April 10, 1997; Ord. 2803 c.s., eff. July 3, 1997; Ord. 2804 c.s., eff. July 31, 1997; Ord. 2808 c.s., eff. September 18, 1997; Ord. 2814, eff. March 5, 1998; Ord. 2819, eff. May 21, 1998; Ord. 2824, eff. September 3, 1998; Ord. 2825, eff. September 3, 1998; Ord. 2826, eff. September 17, 1998; Ord. 2842 c.s., eff. October 21, 1999; Ord. 2869 c.s., eff. May 17, 2001; Ord. 2885 c.s., eff. May 16, 2002; Ord. 2886 c.s., eff. May 16, 2002; Ord. 2895 c.s., eff. October 31, 2002; Ord. 2900 c.s., eff. March 20, 2003, § 1, Ord. 3102 c.s., eff. February 8, 2013, and § 1, Ord. 3107 c.s., eff. February 8, 2013)

§ 10-2.2522 Reasonable accommodation.

(a)

Purpose and intent. It is the purpose of this chapter, in compliance with the fair housing laws, to provide a procedure to evaluate requests for reasonable accommodation related to specific applications of the zoning law in order to ensure that no person is discriminated against because of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry, as required by Federal and/or State law, by being denied an equal opportunity to use and enjoy their dwelling and to authorize the application of exceptions to the City's zoning law and land development standards, if warranted.

(b)

Application.

(1)

Any person, business, or organization may submit an application for reasonable accommodation to the City's residential development standards by submitting an application to the City's Community Development Director, or his or her designee, on a form provided by the City.

(2)

The following information shall be provided in the application:

The applicant's name, mailing address and daytime phone number(s) (and/or representatives) if so applicable;

Notarized written consent of the owner of the subject property if the applicant is not the owner;

The address of the property for which the request is being made;

The specific zoning code, law, regulation, procedure or policy of the city from which relief is sought;

An explanation of why the specified zoning code, law, regulation, procedure or policy is preventing, or will prevent, the applicant's use and enjoyment of the subject property;

The nature of the accommodation requested;

A site plan or illustrative drawing showing the proposed accommodation; and

The basis for the claim that the fair housing laws consider the applicant as protected (applicant should submit a letter from a medical doctor, handicap license, or other similar supportive evidence).

(c)

Filing and appeal fees.

(1)

A filing fee or an appeal fee, as applicable and in the amounts established by City Council resolution, shall be paid at the time of the filing of an application or at the time of filing an appeal pursuant to this chapter.

(2)

If an applicant requires assistance in completing the application, the City shall provide reasonable assistance to ensure that the application process is accessible to the applicant.

(d)

Determination of application. The request for reasonable accommodation shall be considered by the Community Development Director, who may deny, approve or conditionally approve the request.

(e)

Findings.

(1)

The following findings shall be made, and the Community Development Director shall approve an application upon a showing of all of the following:

The person who will use the subject property is protected under the fair housing laws;

The requested exception to the zoning code, law, regulation, procedure or policy is necessary to make specific housing available to persons occupying the subject property;

The requested accommodation will not impose an undue financial or administrative burden on the City; and

The requested accommodation will not require a fundamental alteration of the City's zoning or building laws, policies and/or procedures.

(f)

Notice of decision. Within 30 days after acceptance of a complete application for reasonable accommodation the Community Development Director, shall provide the applicant with written notification of the decision regarding the request, including any reasonable conditions.

(g)

Appeal.

(1)

Appeal of decision of the Community Development Director. Within 10 days of the date of any decision made pursuant to this section, any person aggrieved or affected by a decision of the Community Development Director in granting or denying a request for reasonable accommodation may appeal the decision to the Planning Commission.

(2)

Appeal of decision of the Planning Commission. Within 10 days of the date of any decision made pursuant to this section, any person aggrieved or affected by a decision of the Planning Commission in granting or denying a request for reasonable accommodation may appeal the decision to the City Council and no further.

(Ord. 3282-24 c.s., eff. December 12, 2024)