This title shall consist of a zoning map and it will determine districts, control land uses, restrain population densities, specify uses and locations of structures, designate appropriate landscaping of certain structural uses, determine areas and dimensions of sites, provide for off-street parking and loading facilities, and prescribe other regulations in order to protect the public health, safety, and welfare of the City.

(Ord. No. 2020-1059, § 1, 3-23-2020)

In their interpretation and application, the provisions of this title shall be held to be minimum requirements. This title shall apply to all property whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the state of California or any of its agencies or political subdivisions; by any City or county, including the City or any of its agencies; or by any authority or district organized under the laws of the state of California, all subject to the following exceptions:

A.

Public streets and alleys;

B.

Underground utility lines and facilities;

C.

Underground communications lines;

D.

Overhead communications lines;

E.

Overhead electric distribution lines, not including transmission and distribution substations;

F.

Railroad rights-of-way;

G.

Transmission lines.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Except as otherwise expressly provided pursuant to other provisions of this title, if ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or with respect to height, yard requirements, area requirements, or zone boundaries, and as they may pertain to unforeseen circumstances, it shall be the duty of the Planning Commission to ascertain all pertinent facts and by resolution, set forth its findings and interpretations, and thereafter such interpretations shall govern unless appealed to the City Council pursuant to section 18.03.030. Upon review, such interpretation may be approved, disapproved or modified by the City Council.

(Ord. No. 2020-1059, § 1, 3-23-2020)

No structure or part thereof shall be erected, altered or enlarged, nor shall any site or structure be used, designated or intended for use other than the uses listed in this Code as permitted or conditional in the zone in which such structure, land or premises is located.

(Ord. No. 2020-1059, § 1, 3-23-2020)

No structure shall be erected, nor shall any existing structure be altered, enlarged, rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, site area, and building location regulations designated for the zone in which such structure or open space is located.

(Ord. No. 2020-1059, § 1, 3-23-2020)

No yard or other open space provided about any structure for the purpose of complying with provisions of this title shall be considered as providing a yard or open space for any other structure, and no yard or other open space on one site shall be considered as providing a yard or open space for a structure on any other site.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Upon application or on its own initiative, the Planning Commission may add to the list of permitted or conditional uses, if the Planning Commission makes the following findings:

1.

That any addition to the list of permitted or conditional uses will be in accordance with the purposes of the zone in which the use is proposed;

2.

That the use will be an appropriate addition to the list of permitted or conditional uses because the use has the same basic characteristics as the uses permitted in the zone;

3.

That the use will not be detrimental to the public health, safety or welfare;

4.

That the use will not adversely affect the character of the zone in which it is to be permitted;

5.

That the use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or be more objectionable than the uses permitted in the zone;

6.

That the use will not create any greater hazard of fire or explosion than the hazards normally associated with the uses permitted in the zone;

7.

That the use is within conformance with the purpose, intent, and policies of the general plan.

B.

Additions may be made to the list of permitted or conditional uses by resolution of the Planning Commission, subject to ratification by the City Council. The Planning Commission and City Council may, at their discretion, hold a public hearing on a proposed addition.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

When a use is not specifically listed in the zoning ordinance and does not appear to be covered by a general category, the Director of Community Development has the discretion to make the finding that the use can be permitted subject to the granting of a conditional use permit if the use is similar in nature and intensity to other uses listed.

B.

It is further recognized that every conceivable use cannot be identified in this title, and anticipating that new uses will evolve over time, this establishes the Director of Community Development's authority to compare a proposed use and measure it against those listed in this title that are similar in nature and intensity in order to make a determination that the use is "similar" and may be permitted by right or allowed subject to the granting of a conditional use permit.

C.

In determining "similarity" the Director of Community Development shall make all of the following findings:

1.

The proposed use shall meet the intent of and be consistent with the goals, objectives, and policies of the general plan;

2.

The proposed use shall meet the stated purpose and general intent of the zone in which the use is proposed to be located;

3.

The proposed use shall not adversely impact the public health, safety and general welfare of the City's residents; and

4.

The proposed use shall share characteristics common with, and not be of greater intensity, density or generate more environmental impact, than those uses listed in the land use zone in which it is to be located.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Except as otherwise provided in this title, a site having an area, frontage, width or depth less than the minimum prescribed for the zone in which the site is located, as depicted on a duly approved and recorded subdivision map, or a site for which a deed or valid contract of sale was recorded prior to the adoption of this title, and that had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, such sites may be used for any permitted use, but shall be subject to all other regulations for the zone in which the site is located.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Required yards shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel on the site; provided, that where a precise street plan has been adopted by the City Council, required yards shall be measured from the property line, and no provision of this title shall be construed to permit a structure or use to extend beyond such line; and provided further, that where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, required yards shall be measured from a line drawn on the boundary of the additional width required for street purposes abutting the site.

B.

On a site that is not rectangular or approximately rectangular in shape, required yards shall be measured in the manner prescribed by the Director of Community Development in accordance with adopted codes and ordinances.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Percentage of a site area covered by structures shall be measured by dividing the number of square feet of horizontal area covered by structures, open or enclosed, by the total horizontal area within the property line of the site.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Where the Planning Commission is authorized to make any decision pursuant to the provisions of the Ceres Zoning Ordinance and that decision is to be subject to appeal to the City Council, the following procedure shall apply.

A.

The interested person adversely affected may, upon payment of an appeal fee as may be established by resolution of the City Council, appeal any decision, determination or requirement of the Planning Commission by filing a notice thereof in writing with the City Clerk, setting forth in detail the action and the grounds upon which the appeal is based within ten days after the action that is the subject of the appeal. Such notice shall state specifically where it is claimed there was an error or abuse of discretion by the Planning Commission.

B.

Upon the filing of an appeal, the City Council shall set the matter for hearing. Such hearings shall be held within 30 days after the date of filing the appeal or receipt of City Councilmember requests. The City Clerk shall give notice of the hearing according to the procedure required for the initial action by the Planning Commission, except that the timing of such notice shall be not less than ten days before the hearing.

C.

In holding the hearing on the matter, the City Council may receive any and all information pertinent to the matter, regardless of whether such information was first presented to the Planning Commission. In the case of decisions by the Planning Commission that followed a public hearing, the City Council shall hold a new public hearing on the matter. Upon the close of the hearing, the City Council shall vote to either confirm the decision of the Planning Commission, overturn the decision, or confirm the decision with modifications, and the City Council may continue the item to the next meeting if necessary to direct staff to prepare a conforming resolution with findings, which shall be considered by the City Council at the next scheduled City Council meeting. In the case of a tie vote, the Planning Commission decision shall stand, and shall be considered final as of the date of the City Council vote.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The purpose of an administrative adjustment is to provide action on projects that are routine in nature but may require an interpretation of established policies and standards set forth in the zoning ordinance.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Notwithstanding the provisions of chapter 18.31 related to variances, the Director of Community Development or his or her designee shall have the authority to grant administrative adjustments to development standards contained within this title.

B.

Upon written request, the Director of Community Development may approve, conditionally approve, or deny without notice minor adjustments to the following development standards; building and landscaping setbacks, site area, lot width, building height, parking.

C.

Any administrative adjustment shall be limited to no more than 20 percent of a required development standard. In making the adjustment, the Director of Community Development shall make a finding that the adjustment is consistent with the criteria listed in section 18.04.150. With respect to adjustments to building setbacks and building height, the adjustment shall also be approved by the Fire Chief or his or her designee prior to granting the administrative adjustment.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The Director of Community Development shall record the decision in writing along with the basis for the decision. The Director of Community Development may approve or conditionally approve an application, with or without conditions, only if all the following criteria are met:

A.

That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, creating a practical difficulty or unnecessary hardship;

B.

That granting of the administrative adjustment is necessary to provide consistency with properties in the same vicinity and land use designation or development standards within which the administrative adjustment is sought;

C.

That granting the administrative 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 designation or development standards in which the property is located;

D.

That granting the administrative adjustment will not be inconsistent with the goals and policies of the general plan.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The Planning Commission may request that the Director of Community Development report to the Planning Commission a summary of the administrative adjustment applications that have been processed and approved during the proceeding calendar year.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Where required by this title, a site plan, elevations of all buildings, floor plans of all buildings, and a landscape plan shall be submitted to the Planning Commission to enable it to make a finding that the proposed development is in conformity with both the intent and provisions of this title.

A.

Filing. Application for site plan approval shall be filed by the owner of the property for which the approval is sought, or by the authorized representative of the owner.

B.

Form and contents. Application shall be made to the Planning Commission on forms furnished by the Planning Division and shall be full and complete, including such data as may be prescribed by the Planning Commission to assist in determining the validity of the request. The applicant shall verify the petition and the date of verification shall be noted on the petition.

C.

Filing fee. When an application for site plan approval is filed, a uniform fee shall be paid in such amount as determined by the City Council from time to time by resolution.

D.

Application review. The Planning Division shall investigate the facts bearing on any case involving an application for site plan approval to provide the Planning Commission with data essential for action consistent with the intent of the title and the general plan. Applicants are strongly encouraged to be present at the Planning Commission meeting scheduled for the consideration of the application.

E.

Duration. Site plan approvals shall expire in 24 months from approval by the Planning Commission or when approved by the City Council under appeal. If substantial improvements have begun within the 24 months, the site plan approval application may be deemed valid as determined by the Director of Community Development. The Director of Community Development's determination may be appealed to the Planning Commission and subsequently to the City Council. Upon expiration of a site plan approval, a new application must be submitted for approval by the Planning Commission. Where the general plan land use designation or policies have changed and said site plan approval application is not consistent with such change, the site plan approval shall be null and void.

(Ord. No. 2020-1059, § 1, 3-23-2020)