Chapter 18.15 ADMINISTRATIVE PROVISIONS

Chapter 18.15
ADMINISTRATIVE PROVISIONS

Sections:

18.15.010 Purpose.

18.15.020 Application.

18.15.030 Building permits.

18.15.040 Certificates of occupancy.

18.15.050 Conditional use permits.

18.15.060 Development code amendments.

18.15.070 Enforcement.

18.15.080 Hearings and appeals.

18.15.090 Home occupation permits.

18.15.100 Minor adjustments.

18.15.110 Minor modifications.

18.15.120 Nonconforming structures and uses.

18.15.130 Temporary use permits/minor temporary use permits.

18.15.140 Variances.

18.15.150 Zone change.

18.15.010 Purpose.

The purpose of this chapter is to provide provisions for the review of all development applications and procedures for public hearings and public noticing. [Ord. 95-7 § 2; Code 1990 § 12.10.01.]

18.15.020 Application.

A. Application Filing. Application for permits, permit modifications, amendments and other matters pertaining to this development code shall be filed with the planning department on a city application form, together with all fees, plans, maps and other information required by the planning department. The application shall be made by the owner(s) or lessee(s) of property, or their agents, or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this development code, or the agent(s) of such persons. An application shall be acted upon within one year of the filing date; otherwise the application shall be null and void. Refunds will not be issued for expired applications.

B. Fees. The council shall, by resolution, establish a schedule of fees for permits, amendments and other matters pertaining to this development code. The schedule of fees may be changed or modified only by resolution of the council. Until all applicable fees have been paid in full, review shall not commence on any application. The city is not required to continue processing any application unless its fees are paid in full. Failure to pay the applicable fees is grounds for denial of the application. [Ord. 95-7 § 2; Code 1990 § 12.10.02.]

18.15.030 Building permits.

A. Required. It is unlawful for any property owner, or his authorized agent, to commence any work pertaining to the erection, construction, reconstruction, moving, conversion or alteration of any building, or any addition to any building, until a building permit has first been secured from the department of building and safety for such work.

B. Application. Each application for a building permit shall be made on a printed form to be obtained at the department of building and safety, and shall be accompanied by accurate information and dimensions as to the size and location of the lot, size and location of the buildings on the lot, the dimensions of all yards and open spaces, and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the department of building and safety may require the applicant to furnish a survey of the lot, prepared by a licensed surveyor. The original of such application shall be kept in the department of building and safety.

C. Issuance Restrictions – General. No building permit shall be issued for the erection or use of any structure or part thereof, or for the use of any land, which is not in accordance with the provisions of this title, and in conformity with the approved site plan or conditional use permit, where required by this title. Any permit issued contrary to the provisions of this title, or not in conformity with the approved site plan or conditional use permit, shall be void and of no effect.

D. Issuance Restrictions – Prohibited Structures. No building permit shall be issued where the structure or structures to be erected will have the effect of depriving other persons of the use of their property, or will have the effect of invalidating the general plan.

E. Dedication of Streets. The applicant for a building permit in any zone shall dedicate any halfstreets that have not been dedicated, or the applicant shall dedicate additional right-of-way as may be shown on the general plan or any ordinance which sets forth rights-of-way in excess of those now in existence.

F. Improvements Required.

1. The applicant for a building permit shall be required to improve street frontages and provide public facilities in accordance with the existing standards and regulations developed by the director of public works; generally, the street improvements include paving, curbs, gutters, sidewalks and drainage facilities.

2. The applicant for a building permit shall provide for the street improvements to be installed abutting the lots desired to be built upon. Such street improvements shall include the half-width street improvements and the concrete curbs and gutters immediately abutting the premises to which the building permit would apply. The street improvements shall also include sidewalks, in accordance with standards developed by the department of public works. Public facilities shall be installed by the developer for all construction, and in accordance with the requirements of the department of public works. [Ord. 95-7 § 2; Code 1990 § 12.10.03.]

18.15.040 Certificates of occupancy.

The following provisions are intended to ensure that any initiation or reestablishment of a legally permitted use within a legally established, or a legal nonconforming, structure shall comply with all applicable provisions of the municipal code.

A. New Buildings. A certificate of occupancy shall be issued only after such new building, enlargement or alteration has been completed in conformity with the provisions of any regulating ordinance, and with any approved site plan and required conditions of approval, and when the proposed use conforms to this title and required conditions.

B. Existing Buildings and Undeveloped Land. A certificate of occupancy shall be issued for the reuse of an existing building, or the use of undeveloped land, only after the improvements for such building or land conform to the property development standards of this title. Where feasible, such standards shall include the provision of required walls, landscaping, parking, trash enclosures, street improvements and all other improvements determined by the planning department to be necessary or required by any regulating ordinance for the particular use. [Ord. 95-7 § 2; Code 1990 § 12.10.04.]

18.15.050 Conditional use permits.

A. Purpose and Intent. A conditional use permit (CUP) provides for a discretionary review of a project or use to ensure that the project or use will not have an adverse effect on the surrounding area. A use that requires a CUP shall be permitted only if a permit is granted by the planning commission in accordance with the provisions of this section.

B. Application – Submittal and Site Plan Requirements.

1. An application for a conditional use permit shall be filed in accordance with the provisions of CMC 18.15.020, Application.

2. The site plan shall be prepared in accordance with CMC 18.90.040, Application for development plan approval.

C. Public Improvement and Dedication Requirements. Requirements include dedications for streets, drainage and easements for public utilities, trails, flood control and such other rights-of-way as may be essential to the orderly development of the site and abutting properties. Improvements include:

1. Grading, drainage and drainage structures;

2. Curbs and gutters;

3. Sidewalks;

4. Street pavement;

5. Adequate domestic water service;

6. Sanitary sewer facilities and connections;

7. Services from public utilities, where provided;

8. Street trees;

9. Street lights and street name signs;

10. Any additional improvements and facilities as determined necessary by the commission for the proper development of the site and area.

D. Hearings and Notice. A public hearing shall be held on the application for a conditional use permit in accordance with the provisions of CMC 18.15.080, Hearings and appeals.

E. Commission Actions. A conditional use permit application may be approved as submitted, conditionally approved, or denied. The CUP may be granted subject to such conditions which the planning commission considers necessary to protect the public health, safety and welfare, and the intent and considerations stated in this section.

F. Continuation of Existing Uses. Uses existing on the effective date of the ordinance codified in this title which are listed as permitted subject to conditional use permit may continue without securing such permit; however, any extension or expansion of such use shall comply with the provisions of this section.

G. Findings. The commission, in approving a conditional use permit, shall find as follows:

1. The proposed use is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this development code;

2. The proposed use would not impair the integrity and character of the land use district in which it is to be located;

3. The subject site is physically suitable for the type and intensity of land use being proposed;

4. The proposed use is compatible with the land uses presently on the subject property;

5. The proposed use would be compatible with existing and future land uses within the general area in which the proposed use is to be located;

6. The proposed use is compatible in scale, mass, coverage, density and intensity with all adjacent land uses;

7. There are adequate provisions for water, sanitation and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety;

8. There will be adequate provisions for public access to serve the subject proposal;

9. The proposed use is consistent with the general plan;

10. There will not be significant adverse effects upon environmental quality and natural resources;

11. The negative impacts of the proposed use are mitigated; and

12. The proposed location, size, design and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience or welfare of the city.

H. Use of Property Before Final Decision. No permit shall be issued for any use involved in an application for approval of a conditional use permit until, and unless, the same shall have become final, pursuant to CMC 18.15.080(F), Effective Date.

I. Expiration and Automatic Extension.

1. Expiration. Except as provided in subsection (I)(2) of this section, a conditional use permit shall be used within one year from the date of permit approval; otherwise, the permit shall be null and void. The permittee may, at least 30 days prior to expiration of the permit, request an extension of time in which to use the permit. The request for extension of time shall be made to the planning department and accompanied by the fee set forth by resolution of the city council. The commission may grant 12-month extensions, not to exceed two extensions, based upon a determination that a valid reason exists for the permit not being used within the required period of time. The total time allowed for the use of the permit shall not exceed a period of three years, calculated from the date of permit approval. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

2. First Automatic Extension – 2009. The expiration date of all conditional use permit approvals that have either not expired by October 9, 2009, or that are subsequently approved prior to January 1, 2012, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any development plan approval that is granted on or after January 1, 2012.

3. Second Automatic Extension – 2011. The expiration date of all conditional use permit approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any development plan approval that is granted on or after January 1, 2014.

J. Revisions and Modifications. A modification or revision to a conditional use permit may be approved by the commission if it is determined that the revision is minor in nature and that the following requirements are met:

1. The proposed modification does not affect the required findings in subsection (F) of this section.

2. The proposed modification does not change the use designated in the original approval.

3. The proposed modification does not alter the shape or size of the buildings or land involved in the conditional use.

4. The proposed modification does not alter or affect any of the conditions placed on the project. Modifications or revisions that are not considered minor, as defined above, shall be made pursuant to the regular conditional use permit procedure set forth in this chapter.

K. Revocation. The commission may hold a hearing to revoke or modify a conditional use permit granted pursuant to the provisions of this chapter. A conditional use permit may be revoked or modified by the commission if any one of the following findings can be made:

1. That circumstances have changed so that one or more of the findings contained in subsection (F) of this section can no longer be made;

2. That the conditional use permit was obtained by misrepresentation or fraud;

3. That the use for which the conditional use permit was granted had ceased or was suspended for six or more consecutive calendar months;

4. That one or more of the conditions of the conditional use permit have not been met within the time periods set forth in this chapter;

5. That the use is in violation of any statute, ordinance, law or regulation; and

6. That the use permitted by the conditional use permit is detrimental to the public health, safety or welfare or constitutes a nuisance.

Notice shall be mailed to the record owner or lessee of the subject property not less than 20 days prior to giving public notice. Such notice shall set forth the noncompliance, and shall request appearance by the owner or lessee at the time and place specified for the hearing, to show cause why the permit should not be revoked. Public notice shall be given as provided in CMC 18.15.080, Hearings and appeals. Within 10 days after the public hearing, the commission may revoke or modify the conditional use permit. After revocation, the subject property shall conform to all regulations of the zone in which it is located.

L. Conditional Use Permit to Run with Land. A conditional use permit granted pursuant to the provisions of this chapter shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application. [Ord. 318 § 2, 2011; Ord. 293 § 3, 2009; Ord. 95-7 § 2; Code 1990 § 12.10.05.]

18.15.060 Development code amendments.

A. Purpose. The city council may amend the provisions of this development code for the public health, safety, convenience, general welfare and aesthetic harmony of the city.

B. Hearings and Notice. Upon receipt in proper form of a development code amendment application, or upon direction of the city council, and following department review, hearings shall be set before the commission and city council. Notice of the hearings shall be given pursuant to the requirements of CMC 18.15.080, Hearings and appeals.

C. Commission Action on Amendments. The commission shall make a written recommendation to the city council on the proposed amendment whether to approve, approve in modified form or disapprove, based upon the findings contained in subsection (E) of this section.

1. Commission action recommending that the proposed development code amendment be approved, approved in modified form or denied shall be considered by the city council following commission action.

D. City Council Action on Amendments. Upon receipt of the commission’s recommendation, the city council may approve, approve in modified form or disapprove the proposed amendment based upon the findings contained in subsection (E) of this section. Amendments to the development code shall be adopted by ordinance.

E. Findings. An amendment to this development code may be adopted only if the following findings are made:

1. The proposed amendment is consistent with the general plan.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city. [Ord. 95-7 § 2; Code 1990 § 12.10.06.]

18.15.070 Enforcement.

A. Purpose. Enforcement of the provisions of this development code shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to ensure compliance with the general plan, to promote the city’s planning efforts and for the protection of the public health, safety and welfare of the city.

B. Responsibility. The planning department shall be responsible for enforcing the conditions and standards imposed on all permits granted by the city and permitted under this development code. Any structure or use which is established, operated, erected, moved, altered, enlarged or maintained contrary to the provisions of this development code is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties set forth in Chapter 1.20 CMC, and/or revocation procedures contained in the following sections of this title: CMC 18.15.050, Conditional use permits, CMC 18.15.090, Home occupation permits, CMC 18.15.130, Temporary use permits/minor temporary use permits, and CMC 18.15.140, Variances.

C. Permit Issuance. Any permit, certificate or license issued subsequent to the effective date of and in conflict with this development code shall be null and void.

D. Remedies.

1. All remedies concerning this development code shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited structures, signs or improvements, and shall not prevent the enforced correction or removal thereof.

2. Any construction in violation of this development code, or any condition(s) imposed on a permit or license, shall be subject to the issuance of a stop work order. [Ord. 95-7 § 2; Code 1990 § 12.10.07.]

18.15.080 Hearings and appeals.

A. Purpose. These provisions specify procedures for hearings before the city council, planning commission and planning director and appeals of any requirement, decision or determination made by the planning director or the planning commission.

B. Application Processing. A public hearing upon an application shall be set before the appropriate body when:

1. The planning director has determined that the application complies with all applicable ordinance requirements; and

2. All procedures required by the city of Calimesa local guidelines for implementing the California Environmental Quality Act to hear a matter have been completed.

C. Notice of Hearing. Hearing notices shall be processed in a manner consistent with the provisions of California Government Code Sections 65090 and 65091.

Unless otherwise required by law, notice of time, date and place of the hearing, the identity of the hearing body, a general explanation of the matter to be considered and a general description, in text or by diagram, of the location of real property which is the subject of the hearing, shall be given at least 10 days prior to the hearing by all of the following procedures:

1. By publication once in a newspaper of general circulation within the city.

2. By mailing or delivering to the owner of the subject real property or the owner’s duly authorized agent, and to the project applicant.

3. By mailing or delivering to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

4. By mailing or delivering to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (C)(2) of this section is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city.

5. By mailing to any person who has filed a written request with the planning department and has provided that department with a self-addressed stamped envelope for that purpose.

6. By posting in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

7. The planning director may require that additional notice of the hearing be given in any other manner he deems necessary or desirable.

D. Hearing Procedure. Hearings as provided for in this section shall be held at the date, time and place for which notice has been given pursuant to this section. The meeting minutes shall be prepared and filed in the planning department. Any hearing may be continued; provided, that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time and place to which said hearing will be continued.

E. Notice of Decision.

1. Planning Director. The planning director shall announce and record his respective decision at the conclusion of each required hearing. The decision shall set forth applicable findings and any conditions of approval. Following the hearing a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

2. Planning Commission. The planning commission shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the commission together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the community.

Following the hearing, a notice of the decision of the commission and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

The recommendation with findings of the commission for the following applications shall be transmitted to the council for final action:

a. Specific plans;

b. General plan amendments, text or map;

c. Development code amendments;

d. Development agreements; and

e. Zone changes.

3. City Council. The city council shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the city council and conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the community.

Following the hearing a notice of the decision of the city council and any conditions of approval shall be mailed by the city clerk to the applicant at the address shown upon the application.

The decision of the city council shall be final.

F. Effective Date. Minor adjustments, variances, conditional use permits and all other development permits shall become effective 15 days following the final date of action (i.e., approval) by the appropriate review authority. Development code amendments and zone changes shall become effective 30 days following the final date of action (i.e., adoption) by the city council. The letter of approval shall constitute the permit, and the resolution or ordinance shall constitute the amendment.

G. Appeal of Action. Any determination or action taken by the planning director may only be appealed to the planning commission. Any action taken by the planning commission to approve or disapprove an application may be appealed to the city council.

H. Filing of Appeals. All appeals shall be submitted to the planning department in writing on forms supplied by the planning director, and shall specifically state the basis of the appeal. A written appeal of an action of the planning director or planning commission shall be filed with the planning department within 15 days following the final date of action for which an appeal is made. Appeals shall be accompanied by a filing fee as set forth by resolution of the city council.

I. Notice of Appeal Hearings. Notice of an appeal hearing shall conform to the manner in which the original notice was given. The appellant shall be responsible for all noticing materials required in the original application.

J. Effective Date of Appealed Actions. An action of the planning director appealed to the planning commission shall not become final until upheld by the commission. An action of the planning commission appealed to the city council shall not become final unless and until upheld by the city council.

K. Reapplication. When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing 12 months, except as otherwise specified at the time of denial. The planning director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. No decision of the planning director shall be effective until a period of 15 days has elapsed following the written notice of decision.

L. Reconsideration. If more complete or additional facts or information which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the planning department within 15 days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in subsection (C) of this section shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant. [Ord. 95-7 § 2; Code 1990 § 12.10.08.]

18.15.090 Home occupation permits.

A. Purpose. The purpose of the home occupation provisions is to permit the conduct of a business in the residential districts or within an existing residence within a nonresidential district, provided no part of the property on which the residence is located has been converted to a nonresidential use. Home occupations are limited to those uses which may be conducted inside of a residential dwelling, without in any way changing the appearance or condition of the residence.

B. Application and Fee Required. A signed application and payment of a fee as set by resolution of the city council shall be submitted to the planning department.

C. Approval. The planning director shall have the authority to approve or deny a request for a home occupation based on the criteria contained in subsection (D) of this section.

D. Criteria for Approval. The following criteria shall be used to determine a valid home occupation:

1. Only the occupants of the dwelling may be engaged in the home occupation;

2. The home occupation shall be an incidental and accessory use and shall not change the principal character of the dwelling unit;

3. There shall be no direct sales of products or merchandise from the home;

4. The use shall not generate pedestrian or vehicular traffic beyond that normal to the residential district;

5. The home occupation shall not involve the use of advertising signs on the premises, or any other local advertising media which calls attention to the fact that the home is being used for business purposes, telephone number listing excepted;

6. No building or space outside of the main building shall be used for home occupational purposes. No outdoor storage shall be permitted;

7. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises;

8. No use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare or electrical interference or other hazards or nuisances;

9. No home occupation shall be initiated until a current business license is obtained;

10. A home occupation permit shall not be transferable;

11. There shall be no more than one home occupation in any dwelling unit;

12. If the home occupation is to be conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to the submittal for a home occupation permit;

13. No vehicles or trailers except those normally incidental to residential use shall be kept on the site; and

14. Any special condition established by the planning director and made part of the record of the home occupation permit, as deemed necessary to carry out the intent of this section.

E. Prohibited Home Occupation Uses. The following list presents example uses that are not incidental to nor compatible with residential activities, and are prohibited:

1. Barber and beauty shop;

2. Businesses which entail the harboring, training, breeding, raising or grooming of dogs, cats or other animals on the premises;

3. Carpentry and cabinet making;

4. Medical and dental offices, clinics and laboratories;

5. Mini storage;

6. Repair, fix-it or plumbing shops;

7. Storage of equipment, materials and other accessories to the construction and service trades;

8. Vehicle repair (body or mechanical), upholstery and painting;

9. Welding and machining; and

10. Any other use determined by the planning director to be not incidental nor compatible with residential activities.

F. Revocation. A home occupation permit may be revoked or modified by the planning director if any of the following findings can be made:

1. That the use has become detrimental to the public health, safety or welfare, or constitutes a nuisance;

2. That the permit was obtained by misrepresentation or fraud;

3. That the use for which the permit was granted has ceased or was suspended for six or more calendar months;

4. That the condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this section;

5. That one or more of the conditions of the home occupation permit have not been met; or

6. That the use is in violation of any statute, ordinance, law or regulation in effect at the time of permit issuance. [Ord. 268 § 2, 2007; Ord. 95-7 § 2; Code 1990 § 12.10.09.]

18.15.100 Minor adjustments.

A. Purpose and Intent. Adjustments from the standards contained in this development code shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this development code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any adjustment granted shall be subject to conditions to ensure that the adjustment does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same land use category as the subject property. The power to grant an adjustment does not extend to use regulations.

B. Application. An application for a minor adjustment shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application.

C. Applicability. The planning director may grant a minor adjustment up to a maximum of 10 percent governing only the following measurable design/site considerations:

1. Lot dimensions.

2. On-site parking, loading and landscaping.

3. Setbacks.

4. Structure heights.

Any minor adjustment request which exceeds the prescribed limitations outlined in this section shall require the filing of a variance application, pursuant to CMC 18.15.140. Minor adjustments may be approved by the planning director only if no other entitlements are required. If other approvals are necessary, the minor adjustment shall be filed concurrently.

D. Plot Plan Required. A plot plan shall be submitted to the planning department concurrently with an application for a minor adjustment. The plot plan shall include, but shall not be limited to, location of buildings and structures, areas designated for off-street parking and loading, circulation, landscaping, trash enclosures and the location of mechanical equipment.

E. Findings. The following findings must be made to approve a minor adjustment:

1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of this development code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification;

2. That granting of the adjustment does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located;

3. That granting of the adjustment will not be materially detrimental to the public health, safety or welfare or injurious to the property or improvements in such vicinity and land use district in which the property is located;

4. That the adjustment does not exceed 10 percent of the standard(s) being modified, or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

5. That granting the adjustment will not be inconsistent with the general plan.

F. Precedents. The granting of a prior minor adjustment is not admissible evidence for the granting of a new minor adjustment.

G. Burden of Proof. The burden of proof to establish the evidence in support of the findings, as required by this section, is the responsibility of the applicant.

H. Expiration and Automatic Extension.

1. Expiration. Except as provided in subsection (H)(2) of this section, a minor adjustment shall be used within one year from the date of approval, or the minor adjustment shall become null and void. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

2. First Automatic Extension – 2009. The expiration date of all minor adjustment approvals that have either not expired by October 9, 2009, or that are subsequently approved prior to January 1, 2012, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any minor adjustment approval that is granted on or after January 1, 2012.

3. Second Automatic Extension – 2011. The expiration date of all minor adjustment review approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any minor adjustment approval that is granted on or after January 1, 2014.

I. Time Extension. The planning director, upon an application being filed 30 days prior to expiration and for good cause, may grant a time extension not to exceed 12 months. Upon granting of an extension, the planning director shall ensure that the minor adjustment complies with all current development code provisions.

J. Use of Property Before Final Decision. No permit shall be issued for any use involved in an application for approval of a minor adjustment until, and unless, the same shall have become final pursuant to CMC 18.15.080(F), Effective Date.

K. Revocation. The planning director may hold a hearing to revoke or modify a minor adjustment granted pursuant to the provisions of this section. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the minor adjustment was granted.

A minor adjustment may be revoked or modified by the planning director if any one of the following findings can be made:

1. That circumstances have changed so that one or more of the findings contained in subsection (E) of this section can no longer be made, and the grantee has not substantially exercised the rights granted by the minor adjustment;

2. That the minor adjustment was obtained by misrepresentation or fraud;

3. That the improvement authorized pursuant to the minor adjustment had ceased or was suspended for six or more consecutive calendar months;

4. That one or more of the conditions of the minor adjustment have not been met, and the grantee has not substantially exercised the rights granted by the minor adjustment;

5. That the improvement authorized pursuant to the minor adjustment is in violation of any statute, ordinance, law or regulation; or

6. That the improvement permitted by the minor adjustment is detrimental to the public health, safety or welfare or constitutes a nuisance. [Ord. 318 § 3, 2011; Ord. 293 § 4, 2009; Ord. 95-7 § 2; Code 1990 § 12.10.10.]

18.15.110 Minor modifications.

A. Purpose. The minor modification procedure is intended to provide a method whereby minor changes may be made to existing, previously approved land use entitlements without any additional impact or expansion of use or structure(s).

B. Application. The minor modification of a previously approved entitlement requires the approval of the planning director, who may establish additional conditions to further the intent of this section. An application for a minor modification shall be on a form prescribed by the planning director and shall be filed with the planning department, pursuant to CMC 18.15.020, Application. Any modification request which exceeds the prescribed limitations outlined in this section shall require the refiling of the original application and a subsequent hearing by the appropriate review authority.

C. Applicability. The planning director may grant a minor modification to an approved permit up to a maximum of 10 percent governing only the following measurable design/site considerations, which in no case would result in a reduction from any minimum standard outlined in this development code:

1. On-site circulation and parking, loading and landscaping;

2. Placement and/or height of walls, fences and structures;

3. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and

4. A reduction in density or intensity of a development project. [Ord. 95-7 § 2; Code 1990 § 12.10.11.]

18.15.120 Nonconforming structures and uses.

A. Purpose. These provisions provide for the orderly termination of nonconforming structures and uses to promote the public health, safety and general welfare, and to bring these structures and uses into conformity with the goals and policies of the general plan. This section is intended to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable and timely manner.

It is hereby declared that nonconforming structures and uses within the city are detrimental to both orderly and planned development, and the general welfare of citizens and property. It is further declared that nonconforming structures and uses shall be eliminated as rapidly as possible without infringing upon the constitutional rights of property owners.

For properties which have a nonconforming structure and/or use located in any zone other than residential, the abatement of nonconforming use timelines in subsection (D) of this section shall not take effect until a property within that specific zone transitions to a use identified for that zone. At that point in time all property owners within that zone shall be notified by the city that the abatement of nonconforming use timelines have started.

B. Nonconforming Structures. A structure which lawfully existed prior to the effective date of this development code is a nonconforming structure, and may continue even though the structure fails to conform to the present requirements of the land use district or zone in which it is located. A nonconforming structure may be maintained as follows:

1. A nonconforming structure which is damaged to an extent of 50 percent or more of its replacement value immediately prior to such damage may be restored only if made to conform to all provisions of this development code. However, any residential structure(s), including multifamily, in a residential land use district destroyed by a catastrophe, including fire, may be reconstructed up to the original size, placement and density. However, reconstruction shall commence within two years after the catastrophe.

2. Necessary repairs and desired alterations (not including expansions to nonconforming residential structures within nonresidential zoning districts) may be made to a nonconforming residential structure(s), including multifamily, within residential and nonresidential zoning districts. Additions or expansions of any size to nonconforming residential structures within residential zoning districts may be allowed if the addition or expansion meets all current development standards of the applicable zoning district.

3. Necessary repairs and desired alterations to nonconforming single-family residential structures within nonresidential zoning districts may be made in compliance with (a) the applicable standards contained within CMC 18.20.040, Residential development standards; and (b) the requirements of subsections (C)(7) and (C)(8) of this section.

4. Reasonable repairs and alterations (not including expansions) may be made to nonconforming commercial, institutional or industrial structures; provided, that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams or girders. Structural elements may be modified or repaired only if the building department determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure or adjacent property and the cost does not exceed 50 percent of the replacement value of the nonconforming structure. However, improvements required to reinforce non-reinforced masonry structures shall be permitted without replacement cost limitations; provided, that such retrofitting is strictly limited to compliance with earthquake safety standards.

5. Changes to interior partitions or other nonstructural improvements and repairs may be made to a nonconforming commercial, institutional or industrial structure; provided, that the cost of the desired improvement or repair shall not exceed 50 percent of the replacement value of the nonconforming structure over any consecutive five-year period.

6. The replacement value shall be determined by the planning director. All related costs, including appraisal, shall be the responsibility of the applicant.

7. Any additional development of a parcel with a nonconforming structure will require that all new structures be in conformance with this development code.

8. If the use of a nonconforming structure is discontinued for a period of six or more consecutive calendar months, the structure shall lose its nonconforming status, and shall be removed or altered to conform to the provisions of this development code. A use of a nonconforming structure shall be considered discontinued when any of the following apply:

a. The intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the planning director.

b. Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of six or more consecutive calendar months.

c. Where there are no business receipts available for the six-month period.

C. Nonconforming Uses. A nonconforming use is one which lawfully existed prior to the effective date of this development code, but which is no longer permitted in the land use district in which it is located. The continuance of a nonconforming use is subject to the following:

1. Change of ownership, tenancy or management of a nonconforming use shall not affect its nonconforming status; provided, that the use and intensity of use do not change.

2. If a nonconforming use is discontinued for a period of six or more consecutive calendar months, it shall lose its nonconforming status, and the continued use of the property shall be required to conform with the provisions of this development code.

3. Additional development of any property on which a nonconforming use exists shall require that all new uses conform to the provisions of this development code.

4. If a nonconforming use is converted to a conforming use, the nonconforming use may not thereafter be resumed.

5. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be expanded or changed, except as provided in subsections (C)(6) and (C)(7) of this section.

6. A nonconforming use of a portion of a nonconforming commercial or industrial center or complex may be established or replaced by another similar nonconforming use subject to development plan review approval after a noticed public hearing as specified in CMC 18.15.080, Hearings and appeals, and if all of the following findings are made:

a. That the nonconforming use is similar to the uses originally allowed in the center or complex;

b. That the nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and

c. That the use of the entire center or complex has not been vacant or discontinued for a period of six or more calendar months.

7. Except as further allowed in subsection (C)(8) of this section, an existing nonconforming use or nonconforming structure may be minimally expanded or changed, up to a maximum of 10 percent, subject to development plan review approval, after a noticed public hearing as specified in CMC 18.15.080, and if all of the following findings are made:

a. That such expansion or change is minimal;

b. That such expansion or change will not adversely affect or be materially detrimental to adjoining properties;

c. That there is a need for relief of overcrowded conditions or for modernization in order to properly operate the use; and

d. That the use is existing and has not been discontinued for a period of six or more calendar months.

8. Existing nonconforming single-family residential structures and uses may be expanded beyond the 10 percent expansion limitation specified in subsection (C)(7) of this section; provided, that the expansion complies with all applicable standards within CMC 18.20.040 (Residential development standards) and the city affirmatively finds the criteria specified in subsections (C)(7)(a) through (d) of this section to be satisfied. In addition, if the nonconforming single-family residential structure is located in the city’s downtown business district, the application shall be subject to: (a) the findings for approval specified in subsection (C)(7) of this section; and (b) development plan review approval by the planning commission following a noticed public hearing. The city’s downtown business district is shown on the city’s official zoning map and includes all property along Calimesa Boulevard between Sandalwood Drive and County Line Road. Expansions of nonconforming single-family residential structures and uses located outside the city’s downtown business district shall not be subject to a noticed public hearing and shall be subject to review and approval by the city’s community development director.

D. Abatement of Nonconforming Uses. Nonconforming uses shall be discontinued within the following specified time limits, from the effective date of this development code:

1. A nonconforming use which does not occupy a structure: five years.

2. The nonconforming use of a conforming structure within any residential land use district: 15 years.

3. The nonconforming use of a conforming structure within any commercial/industrial land use district: 20 years.

Notwithstanding the time limits within which all other nonconforming uses must be discontinued in accordance with this provision, a residential use in a nonconforming zoning district may continue without abatement until such time as the residential use discontinues pursuant to the provisions of subsection (C) of this section.

E. Structure Permits or Certificates of Occupancy Prohibited. When any nonconforming structure or use is no longer allowed pursuant to the provisions of this section, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure or use.

F. Removal of Illegal Nonconforming Structures and Uses. Nothing contained in this section shall be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses shall be removed immediately subject to the provisions of CMC 18.15.070, Enforcement, and state law. “Illegal structures and uses” shall mean those structures and uses which did not lawfully exist prior to the effective date of this development code and which fail to conform to the present requirements of the land use district or zone in which they are located.

G. Nonconforming Use – Time Extension.

1. Prior to the expiration of the abatement period provided in subsection (D) of this section, a written request may be made to the city for an extension of said abatement period on such forms as are provided by the community development director. The applicant shall state sufficient facts in said application to show cause why an extension of said abatement period is necessary for his particular nonconforming use so as to enable the planning commission to consider the factors set forth in this section prior to its determination whether to grant the requested extension. Extension requests shall be heard and considered by the planning commission, and the planning commission shall make its determination after considering all pertinent evidence presented.

The community development director shall accept for filing an application for extension of said abatement period only after the applicant has paid to the city a fee, as established by city council resolution for defraying the costs of processing said application. [Ord. 317 § 2, 2011; Ord. 269 § 2, 2007; Ord. 2000-8 § 2; Ord. 95-7 § 2; Code 1990 § 12.10.12.]

18.15.130 Temporary use permits/minor temporary use permits.

A. Purpose. The temporary use permit/minor temporary use permit allows for short-term activities which may be appropriate when regulated.

B. Authority. Authority for approval of temporary use permits/minor temporary use permits shall be vested with the planning director. However, a public hearing before the planning commission along with commission approval shall be required for issuance of a temporary use permit/minor temporary use permit for any event anticipated to accommodate 2,500 or more persons at any given time.

A permit shall not be required for temporary/minor temporary uses which occur in theaters, meeting halls, or other permanent public assembly facilities which do not overflow outside the enclosed facility. Temporary uses may be subject to additional permits, other city department approvals, licenses and inspections as required by any applicable laws or regulations.

C. Permitted Uses.

1. The following temporary uses may be permitted, subject to the issuance of a temporary use permit:

a. Real estate offices within approved development projects;

b. On-site and off-site contractors’ construction yards in conjunction with an approved development project;

c. Trailer, coach or mobile home as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to 180 days, or upon expiration of the building permit, whichever occurs first;

d. Christmas tree sale lots; however, a permit shall not be required when such sales are in conjunction with an established commercial business holding a valid business license, provided such activity shall only be held from November 1st through December 31st;

e. Commercial fairs, festivals, concerts and other similar events, outdoors or in temporary enclosures; and

f. Similar temporary uses which, in the opinion of the planning director, are compatible with the land use district and surrounding land uses.

2. The following temporary uses may be permitted subject to a minor temporary use permit:

a. Outdoor display and sales of merchandise within commercial land use districts, limited to two events per calendar year, not exceeding four consecutive days, including only merchandise customarily sold on the premises by a permanently established business;

b. Noncommercial fairs, festivals, concerts and other similar events, outdoors or in temporary enclosures;

c. Similar temporary uses which, in the opinion of the planning director, are compatible with the land use district and surrounding land uses.

D. Findings. The planning director may approve or conditionally approve a temporary use permit/minor temporary use permit application only when all the findings contained in CMC 18.15.050, Conditional use permits, are made.

E. Conditions of Approval. In approving an application for a temporary use/minor temporary use permit, the planning director may impose conditions deemed necessary to ensure that the permit will be in accordance with the findings required by CMC 18.15.050. These conditions may involve any pertinent factors affecting the operation of such temporary event or use, and may include but are not limited to:

1. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a structure, including promotional activities, or one year for all other uses or structures, or for a shorter period of time as determined by the planning director;

2. Provision for temporary parking facilities, including vehicular ingress and egress;

3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat;

4. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

5. Provision for sanitary and medical facilities;

6. Provision for solid, hazardous and toxic waste collection and disposal;

7. Provision for security and safety measures;

8. Regulation of signs;

9. Regulation of operating hours and days, including limitation of the duration of the temporary use, as outlined in subsection (E)(1) of this section;

10. Submission of a performance bond or other surety devices, satisfactory to the city engineer, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;

11. Submission of a site plan indicating any information required by this section;

12. A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of the municipal code; and

13. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section.

F. Condition of Site Following Temporary Use. Each site occupied by a temporary use shall be left free of debris, litter or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used pursuant to the provisions of this development code.

G. A temporary use/minor temporary use permit may be revoked or modified by the planning director if any one of the following findings can be made:

1. That circumstances have changed so that one or more of the findings of fact contained in CMC 18.15.050 can no longer be made;

2. That the temporary use permit was obtained by misrepresentation or fraud;

3. That one or more of the conditions of the temporary use permit have not been met; and

4. That the use is in violation of any statute, ordinance, law or regulation in effect at the time of permit issuance. [Ord. 95-7 § 2; Code 1990 § 12.10.13.]

18.15.140 Variances.

A. Purpose. These provisions shall ensure the following:

1. Variances from the terms of this development code shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this development code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use districts;

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 privilege(s) inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is situated; and

3. The power to grant variances does not extend to use regulations. Flexibility in use regulations is provided in the conditional use permit provisions of this development code.

B. Application. Application for a variance shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application.

C. Applicability. The planning commission may grant a variance from the requirements of this development code governing only as to the following:

1. Permit the modification of the dimensional standards of the following:

a. Lot area;

b. Lot coverage;

c. Lot dimensions;

d. Setbacks;

e. Structure heights;

2. Permit the modification of sign regulations; and

3. Permit the modification of the number and dimensions of parking areas or loading space requirements.

D. Hearings and Notice. Upon receipt in proper form of a variance application, a public hearing shall be set and notice of such hearing given in a manner consistent with CMC 18.15.080, Hearings and appeals.

E. Findings. Following a public hearing, the commission shall record the decision in writing and shall recite therein the findings upon which such decision is based, pursuant to Section 65906 of the Government Code. The commission may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:

2. That granting the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the variance is sought;

3. That granting the variance will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located;

4. That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located;

5. That granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

6. That granting the variance will not be inconsistent with the general plan.

F. Precedents. The granting of a prior variance is not admissible evidence for the granting of a new variance.

G. Burden of Proof. The burden of proof to establish the evidence in support of the findings, as required by subsection (E) of this section, is the responsibility of the applicant.

H. Expiration and Automatic Extensions.

1. Expiration. Except as provided in subsection (H)(2) or (H)(3) of this section, a variance shall be used within one year from the date of approval, or the variance shall become null and void. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

2. First Automatic Extension – 2009. The expiration date of all variance approvals that have either not expired by October 9, 2009, or that are subsequently approved prior to January 1, 2012, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any variance approval that is granted on or after January 1, 2012.

3. Second Automatic Extension – 2011. The expiration date of all variance approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any variance approval that is granted on or after January 1, 2014.

I. Time Extension. The commission may, upon an application being filed 30 days prior to expiration and for good cause, grant a time extension not to exceed 12 months. Upon granting of an extension, the commission shall ensure that the variance complies with all current development code provisions.

J. Use of Property Before Final Decision. No permit shall be issued for any use involved in an application for approval of a variance until, and unless, the same shall have become final, pursuant to CMC 18.15.080(F), Effective Date.

K. Revocation. The commission may hold a public hearing to revoke or modify a variance granted pursuant to the provisions of this section. Ten days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such variance was granted.

A variance may be revoked or modified by the commission if any one of the following findings can be made:

2. That the variance was obtained by misrepresentation or fraud;

3. That the improvement authorized pursuant to the variance had ceased or was suspended for six or more consecutive calendar months;

4. That one or more of the conditions of the variance have not been met, and the grantee has not substantially exercised the rights granted by the variance;

5. That the improvement authorized pursuant to the variance is in violation of any statute, ordinance, law or regulation in effect at the time of approval of the variance; and

6. That the improvement permitted by the variance is detrimental to the public health, safety or welfare or constitutes a nuisance. [Ord. 318 § 4, 2011; Ord. 293 § 5, 2009; Ord. 95-7 § 2; Code 1990 § 12.10.14.]

18.15.150 Zone change.

A. General. Whenever the public necessity, convenience, general welfare, good zoning practice or the policies set forth in the general plan justify such action, this development code may be amended by changing the boundaries of zone districts.

Zone changes may be initiated by the city council, the commission, or by application of the property owner or other person having a legal or equitable interest in the property that is the subject of the zone change or by that person’s authorized agent.

B. Application. Application for a zone change shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application. The application shall be accompanied by maps showing the subject property, as well as any other data required by the planning department to adequately present the application to the commission.

C. Hearings and Notice. Upon receipt in proper form of a zone change application, or upon direction of the commission or city council, and following department review, hearings shall be set before the commission and city council. Notice of the hearings shall be given pursuant to the requirements of CMC 18.15.080, Hearings and appeals.

D. Planning Commission Action. The planning commission shall hold at least one public hearing and shall make a recommendation of approval, denial or modified approval to the city council. A recommendation of approval or modified approval shall be based on the findings in subsection (F) of this section.

E. City Council Action.

1. Upon receipt of the recommendation of the commission for approval, the city council shall hold a public hearing. If the commission has recommended against adoption of such amendment, the city council shall not be required to take any further action thereon unless the applicant files a written appeal with the city clerk within five days after the commission files its recommendations with the city council.

2. Notice of time and place of hearing shall be given pursuant to CMC 18.15.080, Hearings and appeals.

3. The city council may approve, modify or deny the recommendation of the commission; provided, that any modification of the proposed change of zone by the city council shall first be referred to the commission for report and recommendation, but the commission shall not be required to hold a public hearing thereon.

4. Failure of the commission to report within 40 days after the referral, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification.

F. Findings. A zone change may be adopted only if the following findings are made:

1. The proposed zone change is consistent with the general plan or any amendment approved concurrently with the zone change;

2. The proposed zone change would not be detrimental to the public interest, health, safety, convenience or welfare of the city;

3. The proposed zone change would not affect the surrounding area or community in general;

4. The proposed zone change is in conformance with the purpose of this section and with all applicable, officially adopted policies and plans; and

5. Adequate public facilities, including, but not limited to, sewer and water lines, utilities, drainage facilities, police and fire protection, vehicular circulation and school facilities will be available to serve the area affected by the proposed zone change when development occurs.

G. Prezoning. An unincorporated area may be prezoned to determine the zoning that will apply in the event of subsequent annexation to the city. Procedures for initiation are the same as for property rezoning.

H. Interim Zoning.

1. Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the city council, to protect the public safety, health and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan or zoning proposal which the city council, planning commission or the planning department is considering or studying or intends to study within a reasonable time. Such urgency measure shall require four-fifths vote of the city council for adoption. Such interim ordinance shall be of no further force and effect 45 days from the date of adoption; provided, however, that after notice pursuant to Government Code Section 65090 and public hearing, the city council may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted.

2. Alternatively, an interim ordinance may be adopted by a four-fifths vote following notice pursuant to Government Code Section 65090 and public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the city council may by a four-fifths vote extend the interim ordinance for 22 months and 15 days.

3. The city council shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains a finding that there is a current and immediate threat to the public health, safety or welfare and that the approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety or welfare.

4. Ten days prior to the expiration of an interim ordinance or any extension, the city council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance.

5. When an interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first interim ordinance or any extension of the ordinance as provided in this section. [Ord. 95-7 § 2; Code 1990 § 12.10.15.]