1 Title 9 – Planning and Zoning
Division 7 – Development Code
Administration
COUNCIL HEARING DRAFT
OCTOBER 2026
Table of Contents
Chapter 9.270 Administrative Responsibility and Review Authority............................................. 7-5
9.270.010 Purpose and Intent ........................................................................................................ 7-5
9.270.020 City Council ................................................................................................................... 7-5
9.270.030 Planning Commission.................................................................................................... 7-5
9.270.040 Director.......................................................................................................................... 7-6
9.270.050 Administrative Responsibility Overview ........................................................................ 7-6 Chapter 9.275 Development Code and Zoning Map Amendments ........................................... 7-10
9.275.010 Purpose and Intent ...................................................................................................... 7-10
9.275.020 Applicability.................................................................................................................. 7-10
9.275.030 Initiation ....................................................................................................................... 7-10
9.275.040 Processing and Review............................................................................................... 7-10
9.275.050 Planning Commission Recommendation .................................................................... 7-11
9.275.060 City Council Action ...................................................................................................... 7-11
9.275.070 Criteria For Zoning Map Amendments ........................................................................ 7-11
9.275.080 Criteria For Zoning Text Amendments ........................................................................ 7-12 Chapter 9.280 Specific Plans ..................................................................................................... 7-14
9.280.010 Purpose and Intent ...................................................................................................... 7-14
9.280.020 Applicability.................................................................................................................. 7-15
9.280.030 Initiation ....................................................................................................................... 7-15
9.280.040 Processing and Review............................................................................................... 7-15
9.280.050 Specific Plan Contents ................................................................................................ 7-15 Chapter 9.270 Administrative Responsibility and Review Authority 7-2
9.280.060 Planning Commission Hearing and Recommendation................................................ 7-16
9.280.070 City Council Hearing and Action.................................................................................. 7-16
9.280.080 Specific Plan Adoption ................................................................................................ 7-16
9.280.090 Specific Plan Amendment or Repeal .......................................................................... 7-17 Chapter 9.285 Development Agreements .................................................................................. 7-19
9.285.010 Purpose and Intent ...................................................................................................... 7-19
9.285.020 Authority and Scope .................................................................................................... 7-19
9.285.030 Application Filing, Processing, and Review ................................................................ 7-19
9.285.040 Notice and Public Hearing........................................................................................... 7-20
9.285.050 Planning Commission Hearing and Recommendation................................................ 7-20
9.285.060 City Council Hearing and Action.................................................................................. 7-21
9.285.070 Approval of Development Agreement ......................................................................... 7-21
9.285.080 Recordation ................................................................................................................. 7-21
9.285.090 Amendment and Cancellation ..................................................................................... 7-21
9.285.100 Periodic Review and Changes to Legislation.............................................................. 7-21
9.285.110 Development Agreement Terms and Conditions ........................................................ 7-22 Chapter 9.290 Nonconformities.................................................................................................. 7-25
9.290.010 Purpose and Intent ...................................................................................................... 7-25
9.290.020 Applicability.................................................................................................................. 7-25
9.290.030 General Nonconforming Provisions ............................................................................ 7-25
9.290.040 Nonconforming Lots .................................................................................................... 7-26
9.290.050 Nonconforming Uses................................................................................................... 7-26
9.290.060 Nonconforming Structures........................................................................................... 7-27
9.290.070 Nonconforming Site Improvements............................................................................. 7-29
9.290.080 Nonconformity With Performance Standards.............................................................. 7-29 Chapter 9.295 Appeals and Calls for Review............................................................................. 7-31
9.295.010 Purpose and Intent ...................................................................................................... 7-31
9.295.020 Applicability.................................................................................................................. 7-31
9.295.030 De Novo Review by City Council of Director Decision................................................ 7-31
9.295.040 De Novo Review by Planning Commission of Director Decision ................................ 7-32
9.295.050 Application Filing, Processing, and Review ................................................................ 7-32 Division 7 – Development Code Administration Chapter 9.270 Council Hearing Draft – October 2026
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Chapter 9.270 Administrative Responsibility and Review Authority 7-4
Chapter 9.270
Administrative Responsibility
and Review Authority
Division 7 – Development Code Administration Chapter 9.270 Council Hearing Draft – October 2026
7-5
Chapter 9.270 Administrative Responsibility and Review
Authority
Sections
9.270.010 Purpose and Intent
9.270.020 City Council
9.270.030 Planning Commission
9.270.040 Director
9.270.050 Administrative Responsibility Overview
9.270.010 Purpose and Intent
The purpose of this Chapter is to describe the authority and responsibilities of the City Council, Planning Commission, and Community Development Director in the administration of this Development Code. [Source: NEW]
9.270.020 City Council
A. The City Council in matters related to the City's planning process shall perform the duties and functions prescribed in this Development Code and any other section of the Municipal Code, which include all of the following: [Source: NEW]
1. Review Authority on Specified Legislative Planning Matters. Final legislative decisions on General Plan amendments, specific plans and amendments, Development Code amendments, Zoning Map amendments, related CEQA environmental documents, and other applicable policy or Development Code matters related to the City's planning process.
2. Appeals. The review of appeals filed from Planning Commission decisions.
B. Imposition of Conditions. In making decisions on applications, the City Council may impose conditions it deems reasonable and necessary to implement the General Plan, any applicable specific plans, the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community. [Source: NEW]
9.270.030 Planning Commission
A. The Planning Commission in matters related to the City's planning process shall perform the duties and functions prescribed in this Development Code and any other section of the Municipal Code, which include all of the following: [Source: NEW]
1. The review of development projects, including items referred to the Planning Commission from the Director.
Chapter 9.270 Administrative Responsibility and Review Authority 7-6
2. The review of appeals from the Director’s decisions and the Director’s and Department staff’s determinations.
3. The recommendation to the City Council for final legislative decisions, on General Plan amendments, specific plans and amendments, Development Code amendments, Zoning Map amendments, related CEQA environmental documents, and other applicable policy or regulatory matters related to the City's planning process.
B. Imposition of Conditions. In making decisions on applications, the Planning Commission may impose conditions it deems reasonable and necessary to implement the General Plan, any applicable specific plans, the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community. [Source: NEW]
9.270.040 Director
A. The Director shall: [Source: NEW]
1. Perform the duties and exercise the authority assigned by State law, the Municipal Code, this Development Code, and other applicable laws.
2. Administer and implement this Development Code in a manner that carries out its purpose and intent and advances the General Plan, adopted Specific Plans, and the legislative goals, policies, ordinances, resolutions, strategic plans, and other formally adopted actions of the City Council.
3. Exercise the authority and professional judgment delegated by this Development Code to implement the purposes of this Development Code and the City's adopted legislative direction. Where this Development Code authorizes the Director to exercise discretion, such discretion shall be exercised to further the applicable purposes, policies, objectives, and standards of this Development Code and other formally adopted City plans and policies.
4. Refer an application to the Planning Commission when authorized by this Development Code or when the Director determines that Planning Commission consideration would further the public interest or assist in implementing the purposes and intent of this Development Code.
5. Perform other duties assigned by the City Manager or by formally adopted action of the City Council.
6. Delegate administrative responsibilities to staff under the Director's supervision B. Conditions of Approval. In acting upon applications under this Development Code, the Director may impose reasonable conditions necessary to ensure consistency with this Development Code, the General Plan, adopted Specific Plans, other applicable laws, and formally adopted City policies applicable to the project, and to address project-specific impacts where authorized by law. [Source: NEW]
9.270.050 Administrative Responsibility Overview
Table 9.270-01 (Summary of Review Authorities for Decisions and Appeals) summarizes the powers and duties that each review authority has under this Development Code. Where a land use project Division 7 – Development Code Administration Chapter 9.270 Council Hearing Draft – October 2026
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requires more than one type of application, all permit requests shall be reviewed and decided on by the highest review authority established for any of the applications. [Source: NEW] Table 9.270-01
Summary of Review Authorities for Decisions and Appeals Decision Type Reference
Advisory
Body Review Body Appeal Body
Extension to Permit Chapter 9.265
(Permit and
Approval
Implementation,
Time Limits, and
Extensions)
N/A Director Planning
Commission*
Minor Revision to Permit Chapter 9.265
(Permit
Modification and
Revocation)
N/A Director Planning
Commission*
Major Revision to Permit Chapter 9.265
(Permit
Modification and
Revocation)
N/A Review
Authority of
Original Permit
Appeal Body
for Original
Permit
Permit Modification or
Revocation
Chapter 9.265
(Permit
Modification and
Revocation)
Director Review
Authority of
Original Permit
Appeal Body
for Original
Permit
Design Review, Director Chapter 9.215
(Design Review)
N/A Director Planning
Commission*
Design Review, Planning
Commission
Chapter 9.215
(Design Review)
Director Planning
Commission
City Council
Minor Use Permit Chapter 9.220
(Minor Use
Permit)
N/A Director Planning
Commission*
Conditional Use Permit Chapter 9.225
(Conditional Use
Permit)
Director Planning
Commission
City Council
Temporary Use Permit Chapter 9.230
(Temporary Use
Permit)
N/A Director Planning
Commission*
Chapter 9.270 Administrative Responsibility and Review Authority 7-8
Decision Type Reference
Advisory
Body Review Body Appeal Body
Home Occupation Permit Chapter 9.235
(Home
Occupation
Permit)
N/A Director Planning
Commission*
Administrative
Adjustment
Chapter 9.255
(Administrative
Adjustment)
N/A Director Planning
Commission*
Variance Chapter 9.250
(Variances)
Director Planning
Commission
City Council
Reasonable
Accommodation
Chapter 9.245
(Reasonable
Accommodation)
N/A Director Planning
Commission*
Development Code and
Zoning Map
Amendments
Chapter 9.275
(Development
Code and
Zoning Map
Amendment)
Planning
Commission
City Council N/A
Planned Unit
Development
Chapter 9.240
(Planned Unit
Development)
Planning
Commission
City Council N/A
Specific Plans Chapter 9.280
(Specific Plans)
Planning
Commission
City Council N/A
Development
Agreements
Chapter 9.285
(Development
Agreements)
Director City Council N/A
*Planning Commission decision may be appealed to the City Council Division 7 – Development Code Administration Chapter 9.275 Council Hearing Draft – October 2026
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Chapter 9.275
Development Code and Zoning
Map Amendments
Chapter 9.275 Development Code and Zoning Map Amendments 7-10
Chapter 9.275 Development Code and Zoning Map
Amendments
Sections
9.275.010 Purpose and Intent
9.275.020 Applicability
9.275.030 Initiation
9.275.040 Processing and Review
9.275.050 Planning Commission Recommendation
9.275.060 City Council Action
9.275.070 Criteria For Zoning Map Amendments
9.275.080 Criteria For Zoning Text Amendments
9.275.010 Purpose and Intent
This Chapter provides procedures for the amendment of this Development Code and the Zoning Map whenever the City Council determines the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan. [Source: NEW]
9.275.020 Applicability
The procedures in this Chapter shall apply to all proposals to change the text of this Development Code or to revise a zone or boundary line shown on the Zoning Map. [Source: NEW and 9.74.010, 9.74.160,
9.74.240]
9.275.030 Initiation
A. Initiation by the City. An amendment may be initiated by the Planning Commission, City Council, or Director. [Source: 9.74.020, 9.74.180]
B. Initiation by Application. An amendment may be initiated by any eligible applicant identified in Section 9.205.020 (Application Preparation and Filing). [Source: 9.74.020, 9.74.180]
9.275.040 Processing and Review
A. Application Filing and Processing. If initiated by the filing of an amendment application in compliance with Subsection 9.275.030.B (Initiation by Application), above, the application shall be processed in compliance with Chapter 9.205 (Application Processing Procedures). [Source:
9.74.030 – 9.74.090, 9.74.170, 9.74.190-200, 9.74.220]
B. Public Hearings Required. The Planning Commission and City Council shall each conduct one or more public hearings regarding the amendment; unless the application is denied by the Planning Commission in compliance with Section 9.275.050.B (Recommendation to City Council), below. [Source: 9.74.030 – 9.74.090, 9.74.170, 9.74.190-200, 9.74.220] Division 7 – Development Code Administration Chapter 9.275 Council Hearing Draft – October 2026
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C. Notice and Hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter 9.205 (Application Processing Procedure). [Source:
9.74.030 – 9.74.090, 9.74.170, 9.74.190-200, 9.74.220]
9.275.050 Planning Commission Recommendation
A. Planning Commission Hearing. Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one public hearing in accordance with Section 9.205.070 (Hearing Procedure). [Source: 9.74.210] B. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a written recommendation on the proposed amendment. A recommendation for approval or denial shall be made by a majority vote of the total membership of the Commission.
The Planning Commission’s recommendation shall be transmitted to the City Council. [Source:
9.74.210]
9.275.060 City Council Action
A. City Council Hearing. After receiving the recommendation of approval from the Planning Commission or if an appeal has been filed on a recommendation of denial, the City Council shall hold a hearing in accordance with Section 9.205.070 (Hearing Procedure). The notice for the hearing shall include a summary of the Planning Commission recommendation. [Source:
9.74.110, 9.74.230]
B. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the City Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to City Council for adoption. [Source: 9.74.110,
9.74.230]
9.275.070 Criteria For Zoning Map Amendments
The Planning Commission, in recommending, and the City Council, in reviewing, a proposed change of zone, shall consider whether the following conditions exist in reference to the proposed zoning of the subject property: [Source: 9.74.100, 9.74.120]
A. The proposed change of zone is in conformity with the General Plan map and report, and the lot area development standard for the proposed zone is the same as the lot area designated on the General Plan map for the property subject to the proposed zone change.
B. The subject property is suitable for the uses permitted in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the Planning Commission and City Council.
C. The proposed change of zone is necessary and proper at this time and is not likely to be detrimental to the adjacent property or residents.
Chapter 9.275 Development Code and Zoning Map Amendments 7-12
9.275.080 Criteria For Zoning Text Amendments
The Planning Commission, in recommending, and the City Council, in reviewing, a zoning text amendment, shall consider whether the text amendment meets the following criteria: [Source: NEW] A. The text amendment is consistent with the goals and policies of the General Plan; and B. The text amendment is consistent with the purpose of this Code to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.
Division 7 – Development Code Administration Chapter 9.280 Council Hearing Draft – October 2026
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Chapter 9.280
Specific Plans
Chapter 9.280 Specific Plans
7-14
Chapter 9.280 Specific Plans
Sections
9.280.010 Purpose and Intent
9.280.020 Applicability
9.280.030 Initiation
9.280.040 Processing and Review
9.280.050 Specific Plan Contents
9.280.060 Planning Commission Hearing and Recommendation
9.280.070 City Council Hearing and Action
9.280.080 Specific Plan Adoption
9.280.090 Specific Plan Amendment or Repeal
9.280.010 Purpose and Intent
A. Purpose. The purpose of this Chapter is to provide a process for preparing, processing, reviewing, adopting, and amending Specific Plans in compliance with Government Code Section 65450 et seq., or as that Section may be amended or replaced from time to time. [Source: 9.60.010]
B. Intent. The intent of a Specific Plan is to accomplish any or all of the following: [Source:
9.60.010]
1. Provide a method for and to encourage the orderly implementation of the General Plan and any applicable regulations by the comprehensive planning and development of large areas of land so that the entire area will be developed in accord with an adopted master plan and to provide an environment of stable and desirable character.
2. Provide a flexible regulatory procedure to encourage creative and imaginative planning involving a mixture of uses, as permitted by zoning with open space and community facilities, both public and private.
3. Provide a framework for the phased development of an approved planned area to provide assurance to the developer that later development will be acceptable to the city.
4. Provide a method to resolve unique land use problems not resolvable through zoning or other regulatory instruments.
5. Provide a method to ensure the availability of public facilities and the establishment of future rights-of-way for streets, street expansion, and public utility and drainage easements.
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9.280.020 Applicability
The procedures of this Chapter shall apply to all proposals for the adoption or amendment of a specific plan. [Source: NEW]
9.280.030 Initiation
A. Initiation by the City. A Specific Plan may be initiated by the Planning Commission, City Council, or Director. [Source: 9.60.020]
B. Initiation by Application. A Specific Plan may be initiated by any eligible applicant identified in Section 9.205.020 (Application Preparation and Filing). [Source: 9.60.020]
9.280.040 Processing and Review
A. Application Filing and Processing. If initiated by the filing of a Specific Plan application in compliance with Subsection 9.280.030.B (Initiation by Application), above, the application shall be processed in compliance with Chapter 9.205 (Application Processing Procedures). [Source:
NEW]
B. Public Hearings Required. The Planning Commission and City Council shall each conduct one or more public hearings regarding the Specific Plan; unless the application is denied by the Planning Commission in compliance with Section 9.280.060.B (Recommendation to City Council), below. [Source: NEW]
C. Notice and Hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter 9.205 (Application Processing Procedure), and as specified in Government Code Sections 65353, 65355, 65854, and 65856. If a Specific Plan affects the permitted uses of real property, notice of the hearing shall be given at least 20 days before the Planning Commission hearing. [Source: NEW]
D. General Plan Consistency Required. The Planning Commission shall not recommend, and the City Council shall not approve a Specific Plan unless the proposed Specific Plan is found to be consistent with the General Plan. [Source: NEW]
9.280.050 Specific Plan Contents
A specific plan shall include, but is not limited to, text and diagrams that specify all of the following in detail: [Source: 9.60.040, NEW]
A. The distribution, location and extent of individual land uses, including open space, within the area covered by the plan;
B. The proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan;
C. Land use and development standards that, at a minimum, address land use, density, height, setbacks, landscaping, and parking;
Chapter 9.280 Specific Plans
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D. Standards that address the conservation, development and utilization of natural resources, where applicable;
E. A program of implementation measures, including regulations, programs, public works projects, financing measures and a statement of consistency with any existing master/capital improvement plan necessary to carry out Subsections A, B and C listed above; F. A statement of relationship of the specific plan to the General Plan, including a statement of how the specific plan implements the goals and policies of the General Plan; and G. Any other subject that, in the judgment of the Director, Planning Commission or City Council, are necessary or desirable for implementation of the General Plan.
9.280.060 Planning Commission Hearing and Recommendation A. Planning Commission Hearing. Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one public hearing in accordance with Section 9.205.070 (Hearing Procedure). [Source: 9.60.080, NEW] B. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a written recommendation on the proposed Specific Plan. A recommendation for approval or denial shall be made by a majority vote of the total membership of the Commission.
The Planning Commission’s recommendation shall be transmitted to the City Council. [Source:
9.60.080, NEW]
9.280.070 City Council Hearing and Action
A. City Council Hearing. After receiving the recommendation of approval from the Planning Commission or if an appeal has been filed on a recommendation of denial, the City Council shall hold a hearing in accordance with Section 9.205.070 (Hearing Procedure). The notice for the hearing shall include a summary of the Planning Commission recommendation. [Source:
9.60.080, NEW]
B. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed Specific Plan. If the City Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the Specific Plan shall be returned to City Council for adoption. [Source: 9.60.080, NEW]
9.280.080 Specific Plan Adoption
A. Mandatory Finding for Adoption. A Specific Plan may only be adopted if first found consistent with the General Plan. [Source: NEW]
B. Method of Adoption. The Specific Plan shall be adopted by ordinance or by resolution of the City Council. [Source: NEW]
Division 7 – Development Code Administration Chapter 9.280 Council Hearing Draft – October 2026
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9.280.090 Specific Plan Amendment or Repeal
A. Process for Amendment. A Specific Plan may be amended or repealed through the same procedure specified by this Chapter for the adoption of a Specific Plan. [Source: 9.60.080, NEW]
B. Mandatory Finding for Amendment. A Specific Plan may only be amended if first found consistent with the General Plan. [Source: 9.60.080, NEW] C. Frequency of Amendments. The Specific Plan may be amended as often as deemed necessary by the City Council. [Source: 9.60.080, NEW]
.
Chapter 9.285 Development Agreements
7-18
Chapter 9.285
Development Agreements
Division 7 – Development Code Administration Chapter 9.285 Council Hearing Draft – October 2026
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Chapter 9.285 Development Agreements
Sections
9.285.010 Purpose and Intent
9.285.020 Authority and Scope
9.285.030 Application Filing, Processing, and Review
9.285.040 Notice and Public Hearing
9.285.050 Planning Commission Hearing and Recommendation
9.285.060 City Council Hearing and Action
9.285.070 Approval of Development Agreement
9.285.080 Recordation
9.285.090 Amendment and Cancellation
9.285.100 Periodic Review and Changes to Legislation
9.285.110 Development Agreement Terms and Conditions
9.285.010 Purpose and Intent
The purpose of this Chapter is to establish procedures and requirements for the consideration of Development Agreements which are intended to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development by eliminating uncertainty in planning for and securing orderly development of a project, assuring progressive installation of necessary improvements, providing public services appropriate to each stage of development of a project, ensuring attainment of the maximum effective utilization of resources within the City at the least economic cost to its citizens, and otherwise achieving the goals and purposes for which the development agreement statute was enacted. [Source: 9.05.005]
9.285.020 Authority and Scope
This Chapter is adopted pursuant to Article 11, Section 7 of the California Constitution and pursuant to Government Code Section 65864 et seq. All Development Agreements entered into after the effective date of this Chapter shall be processed in accordance with the provisions of this Chapter. In performing functions under this Chapter, the Director shall act under the direction of the City Manager.[Source:
9.05.010]
9.285.030 Application Filing, Processing, and Review
A. Application. An application and fees for a Development Agreements shall be submitted in accordance with the provisions set forth in Chapter 9.205 (Application Processing Procedures).
In addition to any other application requirements, the application for a Development Agreement shall include the following: [Source: 9.05.015 - 9.05.055] Chapter 9.285 Development Agreements
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1. The form of Development Agreement proposed by the applicant containing, at minimum, the mandatory Development Agreement terms and conditions required by Section 9.285.110 (Development Agreement Terms and Conditions).
2. Data or other evidence in support of the applicable findings required by Subsection B (Required Findings).
B. Required Findings. The Planning Commission shall recommend and the City Council shall approve a Development Agreement only if all of the following findings are first made. [Source:
9.05.015 - 9.05.055]
1. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
2. The Development Agreement is compatible with the uses authorized in the zone in which the real property is located;
3. The Development Agreement will not be detrimental to health, safety and the general welfare;
4. The Development Agreement will have a positive fiscal impact on the City; and
5. The Development Agreement contains the mandatory terms and conditions set forth in Section 9.285.110 (Development Agreement Terms and Conditions).
9.285.040 Notice and Public Hearing
A. Public Notice and Hearing. All applications for Development Agreements require public notice and hearing before the Planning Commission and City Council pursuant to Chapter 9.205 (Application Processing Procedure). [Source: 9.05.045, 9.05.050, 9.05.055] B. Public Hearings Required. The Planning Commission and City Council shall each conduct one or more public hearings regarding the Development Agreement. [Source: 9.05.045,
9.05.050, 9.05.055]
9.285.050 Planning Commission Hearing and Recommendation The Planning Commission shall consider the proposed Development Agreement at the public hearing and make a recommendation thereon to the City Council in the form of a written resolution. [Source:
9.05.060]
A. The recommendation shall be to either disapprove, approve or approve the proposed Development Agreement with recommended amendments.
B. The recommendation shall be forwarded to the City Council within 70 days of the time specified for the public hearing in the notice of public hearing.
C. The recommendation shall include whether or not the applicable findings required by Section
9.285.030.B (Required Findings) can be made.
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9.285.060 City Council Hearing and Action
A. City Council Hearing. After receiving the recommendation, the City Council shall hold a hearing in accordance with Section 9.205.070 (Hearing Procedure). The notice for the hearing shall include a summary of the Planning Commission recommendation. [Source: 9.05.065] B. City Council Action. After the conclusion of the hearing, the City Council may approve, disapprove or approve with amendments the proposed Development Agreement. The City Council may, but need not, refer the matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission shall hold a public hearing in accordance with this chapter on any matters referred back to it by the City Council. [Source: 9.05.065]
9.285.070 Approval of Development Agreement
The Development Agreement, if approved, shall be approved by the City Council by the adoption of an ordinance. Upon the adoption of the ordinance, the City shall enter into the Development Agreement by the execution thereof by the City Manager. [Source: 9.05.070]
9.285.080 Recordation
No later than ten days after the City enters into the Development Agreement, the City clerk shall record with the County Recorder a copy of the Development Agreement. [Source: 9.05.080]
9.285.090 Amendment and Cancellation
A. Either the City or the applicant or successor in interest thereto authorized by the City may propose an amendment or cancellation in whole or in part of the Development Agreement. [Source: 9.05.075]
B. The procedure for proposing and approving an amendment to or cancellation in whole or in part of the Development Agreement shall be the same as the procedures set forth in this Chapter for entering into a Development Agreement. [Source: 9.05.075] C. Except as provided for in Section 9.285.100.C (Modification or Termination of Procedures), the Development Agreement may only be amended or canceled in whole or in part by the mutual consent of all parties to the Development Agreement. [Source: 9.05.075]
9.285.100 Periodic Review and Changes to Legislation
A. Periodic Review. [Source: 9.05.085, 9.05.090, 9.05.095]
1. Pursuant to Section 65865.1 of the Government Code, the City shall review the Development Agreement at least every 12 months from the date the Development Agreement is entered into. The purpose of this periodic review is to determine whether the applicant or authorized successor in interest thereto has complied in good faith with the terms or conditions of the Development Agreement.
2. The Director shall give notice of the public hearing in the manner specified in Chapter
9.205 (Application Processing Procedure).
Chapter 9.285 Development Agreements
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3. The applicant or any authorized successor in interest thereto shall demonstrate at the hearing good faith compliance with the terms of the Development Agreement.
4. If, as a result of such periodic review, the City Council finds and determines, on the basis of substantial evidence, that the applicant or authorized successor in interest thereto has not complied in good faith with the terms or conditions of the Development Agreement, the City Council may commence proceedings to enforce, modify or terminate the Development Agreement pursuant to Section 9.285.100.C (Modification or Termination of Procedures).
B. Changes in State or Federal Laws. The City Council, in its sole discretion, may hold public hearings to determine whether modification or suspension of the Development Agreement is required because state or federal laws or regulations, enacted after a Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement. If, as a result of such review, the City Council finds and determines, on the basis of substantial evidence, that modification or suspension of the Development Agreement is so required, the City Council may commence proceedings to modify or suspend the Development Agreement pursuant to Section 9.285.100.C (Modification or Termination of Procedures). [Source: 9.05.085, 9.05.090, 9.05.095]
C. Modification or Termination of Procedures. [Source: 9.05.085, 9.05.090, 9.05.095]
1. If upon a finding under Section 9.285.100 (Periodic Review and Changes to Legislation), the City Council determines to proceed with modification, suspension or termination of the Development Agreement, the City Council shall hold a public hearing and give notice of such hearing in the manner specified in Chapter 9.205 (Application Processing Procedure).
2. At the time set for the hearing, the City Council may take such action, as it deems necessary to protect the interests of the City. Any action to terminate, modify or suspend the Development Agreement shall be by ordinance and shall be based upon findings, supported by substantial evidence.
9.285.110 Development Agreement Terms and Conditions
No Development Agreement may be approved without the following mandatory provisions set forth in the agreement, which provisions shall be consistent with the regulations set forth in this Chapter:
[Source: 9.05.100]
A. The duration of the agreement;
B. The permitted uses of the property,
C. The density or intensity of use of the proposed property; D. The maximum height and size of proposed buildings on the property; E. Provisions, if applicable, for the reservation or dedication of land for public purposes; F. The legal description of the property that is the subject of the Development Agreement; G. A detailed description of the project that is the subject of the Development Agreement; Division 7 – Development Code Administration Chapter 9.285 Council Hearing Draft – October 2026
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H. All information and documentation, including, without limitation, acknowledgments, required by the County Recorder in order to record the document with the County Recorder for the County of Riverside;
I. Provisions governing the applicable rules, regulations and official policies that shall govern the development of the project site;
J. Provisions governing amendments to the Development Agreement and any development permit to be obtained for the development contemplated under the Development Agreement; K. Provisions governing the parties' respective rights and duties in the event of any delay or default in performance under the Development Agreement or in the event of any cancellation or termination of the Development Agreement;
L. Provisions governing how any notice or communication required under the Development Agreement is to be transmitted by the parties;
Chapter 9.290 Nonconformities
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Chapter 9.290
Nonconformities
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Chapter 9.290 Nonconformities
Sections
9.290.010 Purpose and Intent
9.290.020 Applicability
9.290.030 General Nonconforming Provisions
9.290.040 Nonconforming Lots
9.290.050 Nonconforming Uses
9.290.060 Nonconforming Structures
9.290.070 Nonconforming Site Improvements
9.290.080 Nonconformity With Performance Standards
9.290.010 Purpose and Intent
This Chapter is intended to permit the use of parcels, continuation of uses, and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this Code in a manner that does not conflict with the General Plan. To that end, this Chapter establishes the circumstances under which a nonconforming parcel, use, or structure may be continued or changed. [Source: NEW, 9.66.010]
9.290.020 Applicability
The provisions of this Chapter apply to structures, parcels, and uses that have become nonconforming by adoption of this Code as well as structures, parcels, and uses that become nonconforming due to subsequent amendments to its text or to the Zoning Map. [Source: 9.66.020, NEW]
9.290.030 General Nonconforming Provisions
A. Nonconformities, Generally. Any lawfully established use, structure, or parcel that is in existence on the effective date of this Code or any subsequent amendment but does not comply with all of the standards and requirements of this Code shall be considered nonconforming. [Source: 9.66.020]
B. Establishment of Legal Nonconforming Status. The property owner has the burden to prove a legal nonconformity and the related protected status that comes with legal nonconformity as specified in this Chapter. [Source: 9.66.020]
1. Property Owner’s Responsibility. The property owner shall provide sufficient evidence to the satisfaction of the Director that the subject is a legal nonconformity.
2. City is Not Responsible. The City is not responsible to prove the legal status of the nonconformity.
C. Right to Continue. Any use or structure that was lawfully established prior to the effective date of this Code or of any subsequent amendments to its text or to the Zoning Map may only be Chapter 9.290 Nonconformities
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continued and maintained provided there is no alteration, enlargement, addition, or other change to any building or structure; no substitution, expansion, or other change including an increase in occupant load or any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this Chapter. [Source: 9.66.020]
1. The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership.
2. The right to continue a nonconforming use or structure shall not apply to uses or structures deemed by the Building Official to be a public nuisance because of health or safety conditions.
3. The right to continue a nonconforming use or structure shall not apply if the nonconforming use has been abandoned or vacated as described in Section
9.290.050.B (Abandonment of Nonconforming Uses).
9.290.040 Nonconforming Lots
Any lot that is smaller than the minimum lot size required by this Code or does not meet the applicable dimensional requirements shall be considered a lawful nonconforming lot if it is shown on a duly recorded subdivision map or if a Certificate of Compliance has been issued for the lot. [Source:
19.66.040]
A. A nonconforming lot may be used as a building site and shall be subject to compliance with all applicable requirements this Code.
B. A nonconforming lot shall not be further reduced in area, width, or depth in a manner that increases the level of nonconformity, unless such reduction is allowed pursuant to a provision of the Municipal Code, required as part of a public improvement, or otherwise specifically allowed pursuant to State law.
9.290.050 Nonconforming Uses
A. Expansions, Changes, and Substitutions of Nonconforming Uses. Nonconforming uses shall not be expanded, moved, or changed except as provided below. [Source: 9.66.030,
9.66.080]
1. Expansion.
a. Residential Use. Nonconforming residential uses may be enlarged and expanded provided no new dwelling units are created, unless exempted pursuant to State law.
b. Nonresidential Use. Nonconforming nonresidential uses may only be expanded with Minor Use Permit approval where the Review Authority makes the following findings.
i. Required Findings.
(1) The nonconforming use was legally established.
(2) The proposed expansion of the nonconforming use would not be detrimental to public health, safety, or general welfare.
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ii. Conditions. When making its decision on an application for an expansion of a nonconforming use, the Review Authority may establish conditions that are necessary to accomplish the purposes of this Chapter, including, but not limited to:
(1) Required improvement of, or modifications to existing improvements on, the property;
(2) Limitations on hours of operations;
(3) Limitations on the nature of operations; and
(4) A specified term of years for which the expanded
nonconforming use shall be allowed.
2. Change in Tenancy, Ownership, or Management. Any nonconforming use may change ownership, tenancy, or management where the new use is of the same use classification as the previous use.
3. Change from Nonconforming to Permitted Use. Any nonconforming use may be changed to a use that is allowed by right in the zoning district in which it is located and complies with all applicable standards for such use.
4. Absence of Permit. Any use that is nonconforming solely by reason of the absence of a permit or approval may be changed to a conforming use by obtaining the appropriate permit or approval.
B. Abandonment of Nonconforming Uses. No nonconforming use may be resumed, reestablished, reopened or replaced by any other nonconforming use after it has been abandoned or vacated for a period of 12 months. The 12-month period shall commence when the use ceases and any one of the following occurs: [Source: 9.66.030, 9.66.080]
1. The site is vacated;
2. The business license or permit authorizing the use lapses;
3. Utilities are terminated;
4. The lease is terminated; or
5. Similar evidence of abandonment.
9.290.060 Nonconforming Structures
A. Maintenance of and Alterations and Additions to Nonconforming Structures. Lawful nonconforming structures may be continued and maintained in compliance with the requirements of this Chapter unless deemed by the Building Official to be a public nuisance because of health or safety conditions. [Source: 9.66.050]
1. Maintenance and Repairs. Structural and nonstructural maintenance, repair, and interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge the structure, change the building footprint, or increase building height.
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2. Alterations and Additions. Alterations and additions to nonconforming structures are allowed if the alteration or addition complies with all applicable laws and requirements of this Code and the use of the property is either a conforming or nonconforming residential use or a conforming nonresidential use, except as provided below. a. Nonconforming Setbacks. A nonconforming interior side or rear setback may be maintained and extended provided that a new encroachment into any other required setback is not created. Such an extension of a nonconforming setback shall not be considered an increase in the discrepancy,
3. Nonconforming Signs. Lawfully established signs that do not conform to the requirements of this Code may only be maintained in compliance with the requirements of Chapter 9.105 (Signs).
B. Repair and Replacement of Damaged or Destroyed Nonconforming Structures. A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster which is not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with, may be restored or rebuilt subject to the following provisions. [Source: 9.66.050]
1. Restoration When Damage is 50 Percent or Less of Replacement Value. If the cost of repair or reconstruction is less than or equal to 50 percent of its total replacement value, or assessed value if replacement value is not available, prior to destruction, it may be restored provided that:
a. Building permits shall be secured within 12 months after the date of the damage and construction shall be diligently pursued to completion; and b. The reconstructed building shall have no greater floor area that the one damaged.
2. Restoration When Damage Exceeds 50 Percent of Replacement Value. If the cost of repair or reconstruction exceeds 50 percent of its total replacement value, or assessed value if replacement value is not available, prior to destruction, the land and building shall be subject to all of the requirements of this Code, except as provided below.
a. Non-residential Uses and Structures. Any nonconforming nonresidential use must permanently cease. The nonresidential structure may be restored and used only in compliance with the requirements of this Code unless reconstruction is authorized through Conditional Use Permit (Chapter 9.225) approval where the Planning Commission finds that the nonconformity has not been a nuisance to surrounding uses, and that re-establishing the structure will not be detrimental to the public health, safety, or welfare. b. Residential Uses and Structures. Nonconforming residential structures may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and the nonconforming residential use, if any, may be resumed provided the rebuilt development complies with all current property development standards.
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i. Timing. Building Permits must be obtained within one year of the date of the damage or destruction and construction shall be diligently pursued to completion unless another time period is specified through approval of a Minor Use Permit .
9.290.070 Nonconforming Site Improvements
A nonconforming site improvement such as a parking lot, lighting, landscaping, a fence, etc., may be maintained until such time as it is destroyed. [Source: 9.66.060] A. A destroyed nonconforming improvement shall not be repaired or rebuilt unless it is done so in compliance with all current regulations.
B. A site that includes nonconforming improvements may be expanded or have facilities added, provided that the expansion or addition meets all current development requirements.
C. Nothing in this Chapter shall be construed to prevent ordinary maintenance and repairs to nonconforming site improvements or corrections to improvements determined to be unsafe by the Director.
9.290.080 Nonconformity With Performance Standards
The use of land or structures which does not meet the standards of performance for said uses or the standards for equipment employed in the operation of said uses as required by this Code, shall be brought into conformity with said standards within a period of one year from the effective date of the ordinance codified in this Chapter, otherwise the nonconforming use shall be discontinued. [Source:
9.66.070]
Chapter 9.295 Appeals and Calls for Review
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Chapter 9.295
Appeals and Calls for Review
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Chapter 9.295 Appeals and Calls for Review
Sections
9.295.010 Purpose and Intent
9.295.020 Applicability
9.295.030 De Novo Review by City Council of Director Decision
9.295.040 De Novo Review by Planning Commission of Director Decision
9.295.050 Application Filing, Processing, and Review
9.295.010 Purpose and Intent
This Chapter establishes procedures for the appeal and calls for review of determinations and decisions rendered by the Planning Commission, and Director. [Source: NEW]
9.295.020 Applicability
A. Development Code Administration and Interpretation. The following interpretations, determinations, and enforcement actions of the Director may be appealed to the Planning Commission and then to the City Council: [Source: NEW]
1. Interpretations. Any determination on the meaning or applicability of the regulations contained in this Development Code that are believed to be in error, and cannot be resolved with the Director.
2. Determinations. Any determination that a permit application or information submitted with the application cannot be accepted or is incomplete, in compliance with Government Code Section 65943.
B. Final Planning Permit and Design Review Decisions. [Source: NEW]
1. Director’s Decisions. Any final decision of the Director may be appealed to the Planning Commission.
2. Planning Commission’s Decisions. Any decision of the Planning Commission may be appealed to the City Council.
C. Legislative Decisions. Any decision of the Planning Commission may be appealed to the City Council. [Source: NEW]
D. CEQA Decisions. Any CEQA decision may be appealed to the City Council. [Source: NEW]
9.295.030 De Novo Review by City Council of Director Decision The City Council can initiate a de novo review of any item subject to a hearing before the Planning Commission by requesting the item via the City Manager to be on the next City Council agenda. If a majority of the quorum present is in agreement to conduct a de novo review they may order a review of all or part of the application in the same manner as if an appeal has been filed. The item shall be Chapter 9.295 Appeals and Calls for Review
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presented at a City Council meeting after the order of review and the City Council shall conduct a de novo review and may add, modify, or delete any part of the project and/or conditions of approval. The City Council can initiate a de novo review of any Director decision and item subject to a hearing before the Planning Commission by requesting the item via the City Manager to be on the next City Council agenda. If a majority of the quorum present is in agreement to conduct a de novo review, they may order a review of all or part of the application in the same manner as if an appeal has been filed. The item shall be presented at a City Council meeting after the order of review and the City Council shall conduct a de novo review and may add, modify, or delete any part of the project and/or conditions of approval. [Source: NEW]
9.295.040 De Novo Review by Planning Commission of Director Decision The Planning Commission can initiate a de novo review of any Director decision by requesting the item via the City Manager to be on the next Planning Commission agenda. If a majority of the quorum present is in agreement to conduct a de novo review, they may order a review of all or part of the application in the same manner as if an appeal has been filed. The item shall be presented at a Planning Commission meeting after the order of review and the Planning Commission shall conduct a de novo review and may add, modify, or delete any part of the project and/or conditions of approval. [Source: NEW]
9.295.050 Application Filing, Processing, and Review
A. Eligible Parties. An appeal may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Development Code. [Source: NEW]
B. Time Limits. Unless otherwise specified in State or federal law, all appeals shall be filed in writing within 12 business days of the date which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the Community Development Department office is closed to the public, the appeal period shall end at the close of business on the next consecutive business day. [Source: NEW]
1. A decision of the Planning Commission shall be final from and after the date of the public hearing in which the Planning Commission renders its decision, and the time to appeal such decision, if authorized pursuant to Section 9.295.020, shall commence on that hearing date.
2. A decision of the Director shall be final from and after the date that the decision is made and posted on the City's website, and the time to appeal such decision, if authorized pursuant to Section 9.295.020, shall commence on the date of the posting.
C. Procedures. [Source: NEW]
1. Filing. The appeal shall be filed with the prescribed form and shall identify the name(s) and contact information of person(s) appealing, the decision being appealed and clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee.
2. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.
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3. Transmission of Record. The Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body.
The Director shall forward the appeal, notice of action, and all other documents that constitute the record to the hearing body. The Director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.
D. Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval. [Source: NEW] E. Public Notice and Hearing. Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to Chapter 9.205 (Application Processing Procedure). Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing. [Source:
NEW]
F. Action. An action to grant an appeal shall require a majority vote of the hearing body members in attendance at the hearing. A tie vote shall have the effect of rejecting the appeal. [Source:
NEW]
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