This chapter provides procedures for the amendment of the General Plan, and the adoption and/or amendment of specific plans, neighborhood and area plans, the Zoning Map, or these Regulations. Zoning Map amendments have the effect of rezoning property from one zoning district to another. Amendments to these Regulations may modify any standards, requirements, or procedures applicable to the subdivision, development, or use of property within the City.

(Ord. 2185)

   Upon receipt of a complete application to amend the General Plan and/or adopt or amend a specific plan, neighborhood or area plan, the Zoning Map, or these Regulations, or upon initiation by the Architectural Review and Historic Preservation Board, the Commission, or Council, and following Director review, public hearings shall be set before the Architectural Review and Historic Preservation Board or the Commission, and Council as required by this Title. Notice of the hearings shall be given in compliance with Chapter 19.10, Noticing and Public Hearings.

(Ord. 2185, Ord. 2410 §3)

   The Commission or the Architectural Review and Historic Preservation Board shall make a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed amendment based on the findings required by this chapter.

(Ord. 2185, Ord. 2410 §4)

   A.   Upon receipt of the Commission's or the Architectural Review and Historic Preservation Board’s recommendation, the Council shall approve, approve in modified form, or deny the proposed amendment based on the findings required by this chapter.

   B.   If the Council proposes to adopt any substantial modification to the amendment not previously considered by the Commission or the Architectural Review and Historic Preservation Board during its hearing, the proposed modification shall be first referred back to the Commission or the Architectural Review and Historic Preservation Board for its recommendation.

   C.   The provisions of this chapter relating to the Commission's or the Architectural Review and Historic Preservation Board’s recommendations on a proposed amendment and compliance with Chapter 19.10 (Noticing and Public Hearings) shall not apply to emergency ordinances adopted by the Council in compliance with the City Charter.

(Ord. 2185, Ord. 2410 §5)

   A.   Findings for Plan Amendments. An amendment to the General Plan or any specific plan, neighborhood plan, or area plan may be approved only if all of the following findings are made:

      1.   The proposed amendment is internally consistent with the plan being amended;

      2.   If the proposed amendment is to a specific plan, neighborhood plan or area plan, it is consistent with the General Plan; and

      3.   The site is physically suitable, including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints, for the proposed land use or development.

   B.   Findings for Zoning Map and Development Regulations Amendments. An amendment to the Zoning Map or these Regulations may be approved only if the following findings are made:

      1.   The proposed amendment is consistent with the General Plan, any applicable specific plan, and any applicable neighborhood and area plans; and

      2.   Finding for Zoning Map Amendments: The site is physically suitable, including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints, for the requested zoning designations and anticipated land use and development.

      3.   Finding for Amendments to These Regulations: The proposed amendment is consistent with other applicable provisions of these Regulations and compatible with the uses authorized in, and the regulations prescribed for, the applicable zoning districts for which it is proposed.

(Ord. 2185; Ord. 2223)

   Any unincorporated property within the City's sphere of influence may be prezoned for the purpose of determining the zoning that will apply to the property in the event of subsequent annexation to the City. The initiation of and the procedures for the prezoning shall be the same procedures which govern the rezoning of property within the City. Upon the effective date of annexation of property which has been prezoned in compliance with this section, the prezoning designation shall become the official zoning designation for the property and shall be so designated on the official Zoning Map of the City.

(Ord. 2185)

   Within 30 days after adoption of an ordinance amending the Zoning Map or Airport Zoning Map, the director shall cause the map to be modified to accurately depict the boundaries of the land affected by the amendment and the zoning district applied to that land by the amendment, and shall make related amendments to all legends, symbols, notations, references and other information appearing on the face of the map as necessary to reflect the amendment.

(Ord. 2312 §30, Ord. 2364 §385)

   This chapter establishes uniform provisions for the regulation of legal nonconforming structures, land uses, and parcels. Within the zoning districts established by these Regulations, there exist structures, land uses, and parcels that were lawful prior to the adoption or amendment of these Regulations, but which would be prohibited, regulated, or restricted differently under the terms of these Regulations or future amendments. It is the intent of these Regulations, as amended, to discourage the long-term continuance of these nonconformities, providing for their eventual elimination, but to permit them to exist under the limited conditions outlined in this chapter. Generally, this chapter is intended to be administered in a manner which encourages the eventual abatement of these nonconformities.

(Ord. 2185)

   Nonconformities are defined as follows:

   A.   Nonconforming Use. A use of a structure or land that was legally established and maintained prior to the adoption of these Regulations and which does not conform to these Regulations governing allowable land uses for the zoning district in which the use is located.

   B.   Nonconforming Structure. A structure that was legally constructed prior to the adoption of these Regulations and which does not conform with the development standards of these Regulations.

   C.   Nonconforming Site Improvements. Parking and maneuvering areas, pedestrian walkways, landscaping areas, and similar site improvements which were legally constructed or installed prior to the adoption of these regulations and which do not conform with the development standards of these Regulations.

   D.   Nonconforming Parcels. A parcel of record that was legally created prior to the adoption of these Regulations and which does not comply with the access, area, or width requirements of these Regulations for the zoning district in which it is located.

   E.   Nonconformity Upon Annexation. Nonconformities shall include a structure, use, or parcel legally existing and located in the unincorporated territory and which, upon annexation to the City, does not comply with the provisions of these Regulations.

   F.   Nonconforming Parking Capacity. The number of off-street parking spaces and/or loading spaces provided for a land use or structure legally existing prior to the adoption of these Regulations that do not conform with these Regulations shall be legally nonconforming. Such existing land use or structure shall not be determined to be nonconforming solely because of a lack of off-street parking and/or loading spaces required by these Regulations (Chapter 19.70 (Parking and Loading Standards)). Parking capacities on sites with non-conforming parking capacity shall not be further reduced unless approved for a parking reduction or other alternative in compliance with Chapter 19.70 (Parking and Loading Standards).

(Ord. 2185)(Ord. 2435 §11)(Ord. 2519 §2)

   A.   Continuance of Nonconforming Uses. A nonconforming use of land may be continued, transferred, or sold, provided that the nonconforming status has not been lost pursuant to terms in Section 19.08.040 (Loss of nonconforming status).

   B.   Change of a Nonconforming Use. Notwithstanding any other provision of this chapter, the Director may grant an administrative use permit, in compliance with Chapter 19.25 (Administrative Use Permits), to authorize a nonconforming use to change in the following manner:

      1.   Substitution of Use. A nonconforming use may be changed to a use of the same or a less-intensive/more-restricted nature; and/or

      2.   Relocation of Use. A nonconforming use within a structure may be relocated elsewhere within the structure.

      Approval of a substitution or relocation of a nonconforming use shall be subject to the additional finding that the proposed non-conforming use is of the same or lesser intensity than the previous nonconforming use (e.g., fewer employees, reduced storage capacity or floor area, reduced hours of operation, etc.).

   C.   Intensification of a Nonconforming Use. Notwithstanding any other provision of this chapter, the Zoning Administrator or Commission may grant a use permit, in compliance with Chapter 19.24 (Use Permits), to authorize an intensification or expansion of a nonconforming use. Exception is provided for non-conforming single-family residential uses involving a conforming addition to a non-conforming single-family residential use shall not be considered an intensification.

(Ord. 2519 §3)

   A.   Continuance of Nonconforming Structures or Site Improvements. A nonconforming structure or site improvements may be modified as follows:

      1.   Maintenance and Repair. A nonconforming structure or site improvements may undergo normal/necessary maintenance, repairs, and structural alterations that do not increase the degree of nonconformities.

      2.   Seismic Retrofitting or Other Work for Safety/Health/Building Code Compliance. All repairs or alterations otherwise required by law shall be allowed. Reconstruction required to reinforce unreinforced masonry structures in compliance with building code requirements shall be permitted, provided the retrofitting/code compliance is limited exclusively to compliance with earthquake safety standards and all other applicable building code requirements, including Title 24, California Code of Regulations. Reconstruction or alteration of site improvements to improve accessibility as required under applicable state and federal law shall be permitted.

      3.   Conforming Expansion. New additions, alterations or expansions fully conforming to these Regulations shall be allowed for existing nonconforming structures or site improvements.

      4.   Nonconforming Changes to Structure or Site Improvements. The addition, enlargement, extension, reconstruction, relocation, or structural alteration of a nonconforming structure or site improvements which do not conform to these Regulations may be allowed with an administrative use permit approval, in compliance with Chapter 19.25 (Administrative Use Permits) and subject to the additional finding that the project is an adaptive reuse of existing structure and promotes sustainable economic development within the City. The exterior limits of new construction shall not exceed the height of the existing structure limit nor encroach any further into the setbacks than the comparable portions of the existing structure or site improvements.

(Ord. 2185)(Ord. 2435 §12)(Ord. 2519 §4)

   A.   Termination by Discontinuance. Termination of legal nonconforming status shall be lost in the following events if a nonconforming use of land, structure or site improvement, or a nonconforming use of a conforming structure is discontinued where:

      1.   For a continuous period of one year or more, owner has ceased nonconforming use regardless of the owner's intention to recommence the use, all rights to continue the nonconforming use shall terminate.

      2.   For a continuous period of less than one year where the use has been converted to a conforming use, all rights to the nonconformity shall terminate upon new use.

      Without further action by the City, further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of these Regulations.

   B.   Termination by Destruction. Termination of legal nonconforming status by damage or destruction shall be addressed as follows:

      1.   If a conforming structure with a nonconforming use is damaged, or destroyed, the right to rebuild the structure with a conforming use shall be allowed.

      2.   If a conforming structure with a nonconforming use is damaged or destroyed, the right to continue the use shall be allowed except as follows:

         a.   If the repair or replacement of the damaged portion of the structure does not exceed 50 percent of the total square footage of the structure, the structure may be restored and the use continued if the restoration is started within one year of the date of damage or destruction and is diligently pursued to completion; or

         b.   If the repair or replacement of the damaged portion of the structure exceeds 50 percent of the total square footage of the structure prior to damage or destruction, a use permit (Chapter 19.24) shall be required to authorize the restoration of the structure and continuation of the use. The use permit shall include a finding, in addition to those contained in Section 19.24.040 (Decision and findings), that the benefit to the public health, safety, or welfare exceeds any detriment inherent in the restoration, repair or replacement. For residential uses, no use permit shall be required for the full replacement or reconstruction of the use.

      3.   If a nonconforming structure is damaged or destroyed, the right to continue occupancy of the nonconforming structure shall cease; except as follows:

         a.   If the repair or replacement of the damaged portion of the structure does not exceed 50 percent of the total square footage of the structure, the structure may be restored and the use continued if the restoration is started within one year of the date of damage or destruction and is diligently pursued to completion; and

         b.   If the repair or replacement of the damaged portion of the structure exceeds 50 percent of the total square footage of the structure prior to damage or destruction, a use permit (Chapter 19.24) shall be required to authorize the restoration of the structure and continuation of the use. The use permit shall include a finding, in addition to those contained in Section 19.24.040 (Decision and findings), that the benefit to the public health, safety, or welfare exceeds any detriment inherent in the restoration, repair or replacement. For residential structures. no use permit shall be required for the full replacement or reconstruction of the structure.

(Ord. 2185)(Ord. 2519 §5; Ord. 2610)

   A nonconforming parcel of record that does not comply with the access, area, or width requirements of these Regulations for the zoning district in which it is located shall be considered to be a legal building site if it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:

   A.   Approved Subdivision. The parcel was created through a recorded subdivision map or a certificate of compliance;

   B.   Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record and was legally created by a recorded deed prior to the effective date of the land use regulation that made the parcel nonconforming;

   C.   Variance or Lot Line Adjustment. The parcel was approved through the variance procedure, in compliance with Chapter 19.26 (Variances), or resulted from a lot line adjustment in compliance with Title 18 (Subdivisions) of the Municipal Code;

   D.   Partial Government Acquisition. The parcel was created in compliance with the provisions of these Regulations, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size was decreased not more than 20 percent and the yard facing any public right-of-way was decreased not more than 50 percent.

   Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area, setbacks, and/or frontage below the requirements of the applicable zoning district or other applicable provisions of these Regulations, or in any way that makes the use of the parcel more nonconforming.

(Ord. 2185)

   Any use existing at the time of adoption or amendment of these Regulations, in any zoning district that allows the use subject to the granting of a use permit, shall be deemed a conforming use if there is no use permit, but only to the extent that the use previously existed, including maintaining the same site area boundaries and hours of operation. Any expansion or change in the intensity shall follow procedures set forth in the previous sections.

(Ord. 2185)(Ord. 2435 §13)(Ord. 2519 §6)

   Any use in existence by virtue of a use permit issued in compliance with the regulations in effect at the time of application for any land use activity which, under the new regulations is not allowable by use permit, may continue, but only in compliance with the provisions and terms of the original use permit. If the use permit specified a termination date, then the use shall terminate in compliance with the original permit. If a use formerly required a use permit in a particular zoning district and the use has become an allowed use within that district, the prior use permit is deemed rescinded.

(Ord. 2185)

   Structures and uses which did not comply with the applicable provisions of these Regulations, or the regulations in effect when the structures or uses were established, are violations of these Regulations and are subject to the provisions of Chapter 19.14 (Permit Revocation Procedures). No right to continue occupancy of property containing an illegal structure or continue an illegal use is granted by this chapter. The activity shall not be lawfully allowed to continue unless or until all entitlements required by these Regulations and the Municipal Code are first obtained.

(Ord. 2185)(Ord. 2435 §14)

   In the event that a legal nonconforming structure or use is found to constitute a public nuisance, appropriate action may be taken by the City, in compliance with Chapter 1.14 of the Municipal Code (Nuisance Abatement).

(Ord. 2185)

   A.   Title of Deemed Approved Alcoholic Beverage Sale Regulations. The provisions of this chapter shall be known as the "deemed approved alcoholic beverage sale regulations."

   B.   Purpose of Deemed Approved Alcoholic Beverage Sale Regulations. The general purposes of the deemed approved alcoholic beverage sale regulations are to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare by requiring that specified commercial activities involving alcoholic beverage sales that were established without use permit approval prior to the effective date of the deemed approved alcoholic beverage sale regulations comply with the deemed approved performance standards of Section 19.09.03017.11.030 and to achieve the following objectives:

      1.   To protect residential, commercial, industrial, and public/quasi-public areas and minimize the adverse impacts of nonconforming and incompatible uses;

      2.   To provide opportunities for those land uses involved in alcoholic beverage sales to operate in a mutually beneficial relationship to each other and to other commercial and public/quasi-public services;

      3.   To provide mechanisms to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise levels;

      4.   To provide that businesses which sell alcohol specified in this chapter are not the source of undue public nuisances in the community;

      5.   To provide for properly maintained businesses which sell alcohol so that negative impacts generated by these activities are not harmful to the surrounding environment; and

      6.   To monitor that deemed approved activities do not substantially change in mode or character of operation.

   C.   Applicability of Deemed Approved Alcoholic Beverage Sale Regulations. This chapter shall apply to the following land uses in the city which were established without use permit approval prior to the effective date of the ordinance codified in this chapter, and as defined in Chapter 19.0417.100: alcoholic beverage establishments, liquor stores, nightclubs, and restaurants with full bar.

      1.   Duplicated Regulation. Whenever any provision of this chapter and any other provision of law, whether set forth in this code, or in any other law, ordinance, or resolution of any kind, impose overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this chapter.

(Ord. 2462)

   A.   The meaning and construction of words and phrases as hereinafter set forth shall apply throughout this chapter, except where the context of such words or phrases clearly indicates a different meaning or construction. As used in this chapter:

   "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances, and sales of which require a State Department of Alcoholic Beverage Control license.

   "Condition of approval'' means a requirement which must be carried out by a business in order to retain its deemed approved status.

   "Deemed approved activity" means operation of the stated uses applicable to this chapter as defined.

   "Deemed approved status" means the status conferred upon a deemed approved activity.

   "Illegal activity" means an activity which has been finally determined to be in noncompliance with the deemed approved performance standards in Section 19.09.03017.11.030. Such an activity shall lose its deemed approved status and shall no longer be considered a deemed approved activity.

   "Performance standards" means regulations prescribed in the deemed approved performance standards in Section 19.09.03017.11.030.

   "Premises" means the actual space within a building or outdoor seating area devoted to alcoholic beverage sales and consumption.

   "Restaurant" means an eating establishment as defined in Section 19.04.020.

(Ord. 2462)

   A.   Title and Purpose. The provisions of this section shall be known as the "deemed approved performance standards." The purpose of these standards is to control the potentially detrimental or objectionable environmental effects of alcoholic beverage sales by specified land uses applicable to this chapter.

   B.   Applicability. These standards shall apply to the following land uses listed in Section 19.09.010: alcoholic beverage establishments, liquor stores, nightclubs, and restaurants with full bar, all as defined in Section 19.04.020. This section is applicable to these uses under the following circumstances:

      1.   Alcoholic beverage establishments, liquor stores, nightclubs, and restaurants with full bar which were established without use permit approval prior to the effective date of the ordinance codified in this chapter.

      2.   Alcoholic beverage establishments, liquor stores, nightclubs, and restaurants with full bar which are inconsistent with the land use tables in Division IV of this title, and were established prior to the effective date of the ordinance codified in this chapter.

   C.   Performance Standards and Deemed Approved Activities. An activity shall retain its deemed approved status only if it conforms with all of the following deemed approved performance standards:

      1.   That it does not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area;

      2.   That it does not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area;

      3.   That it does not result in repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests;

      4.   That it does not result in violations to any applicable provision of any other city, state, or federal regulation, ordinance, or statute;

      5.   That its upkeep and operating characteristics are compatible with and do not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

(Ord. 2462)

   A.   Deemed Approved Status Procedure. The provisions of this section shall be known as the "deemed approved status procedure." The purpose of these provisions is to:

      1.   Provide notice of deemed approved status upon those land use categories applicable to this chapter;

      2.   Prescribe the procedure for the imposition of conditions of approval upon these activities; and

      3.   Prescribe the procedure for appealing conditions of approval or the revocation of a deemed approved status.

   B.   Automatic Deemed Approved Status. All land use categories applicable to this chapter per Section 19.09.030.B. shall automatically become deemed approved activities as of the effective date of the ordinance codified in this chapter. Each such deemed approved activity shall retain its deemed approved status as long as it complies with the deemed approved performance standards in Section 19.09.030.C.

   C.   Notification to Owners of Deemed Approved Activities. The Community Development Director shall notify the owner of each deemed approved activity, and also the property owner if not the same, of the activity's deemed approved status. Such notice shall be sent via certified return receipt mail and shall include a copy of the performance standards of Section 19.09.030.C. with the requirement that these be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review; notification that the activity is required to comply with all these same performance standards; and that the activity is required to comply with all other aspects of this chapter.

   D.   Procedure for Consideration of Violations to Performance Standards. Upon receiving a complaint from the public, police department, code enforcement officer, or any other party that a deemed approved activity is in violation of the performance standards of Section 19.09.030.C, the Community Development Director shall determine whether violations appear to be occurring. If it is determined that violations are occurring, the Community Development Director shall provide written notice to the owner of the deemed approved activity regarding the violations, and provide the owner a reasonable opportunity to institute measures to avoid future violations. If violations continue to occur after such notice and reasonable opportunity, then a public hearing will be scheduled before the Planning Commission, as follows:

      1.   The Community Development Director will provide the complainant, the business owner of the deemed approved activity, the property owner, if not the same as the business owner, and other interested parties with at least thirty calendar days' advance notice of the public hearing. Interested parties are defined as those that have made a request with the city clerk to be notified of these proceedings, and shall include the Chamber of Commerce, and the Downtown Chico Business Association or its successor agency in all instances involving an establishment within the boundaries of the Downtown Chico Business Association or its successor agency.

      2.   The purpose of the hearing is to receive evidence and testimony on whether the deemed approved activity is operating in compliance with the deemed approved performance standards established in 19.09.030.C. At the public hearing, the Planning Commission shall determine whether the deemed approved activity conforms to such standards and to any other applicable criteria. At the conclusion of the hearing, the Planning Commission may continue the deemed approved status for the activity in question or require such changes, or impose such reasonable conditions of approval as are necessary, to ensure conformity to said criteria. The decision of the Planning Commission shall be based upon information compiled by staff and evidence and testimony from the complainant, the business owner, the property owner if not the same, and all other interested parties. New conditions of approval may be made a part of the deemed approved status and the deemed approved activity shall be required to comply with these conditions. Should the Commission act to evoke a deemed approved status, the Director shall issue to the appropriate parties an Administrative Citation pursuant to Municipal Code Chapter 1.15 immediately upon the effective date of such action by the Commission. The determination of the Planning Commission shall become final ten calendar days after the date of decision unless appealed to the City Council in accordance with Chapter 2.80.

   E.   Procedure for Consideration of Violations of Standards or Conditions of Approval. In the event of a violation of any condition of approval or of further violations of the provisions set forth in Sections 19.09.010 through 19.09.030, the Planning Commission shall hold a noticed public hearing. The purpose of this public hearing is to receive testimony and determine whether violations of conditions of approval or of Sections 19.09.010 through 19.09.030 exist. The Planning Commission may add to or amend the existing conditions of approval based upon the evidence presented, or alternatively may revoke the deemed approved activity's deemed approved status. The determination of the Planning Commission shall become final ten calendar days after the date of decision unless appealed to the City Council in accordance with subsection F of this section.

   F.   Appeal to City Council. Appeals of the decisions of the Planning Commission may be filed in accordance with Chapter 2.80, Appeals From a Decision, Determination, or Order Made or Issued By a City Board, Commission, Officer or Employee. In considering the appeal, the City Council shall determine whether the established use conforms to the applicable deemed approved performance standards and may continue or revoke a deemed approved status; or require such changes in the existing use or impose such reasonable conditions of approval as are, in its judgment, necessary to ensure conformity to said performance standards.

(Ord. 2462)

   This chapter provides procedures for public hearings before the Zoning Administrator, Architectural Review and Historic Preservation Board, Commission, and Council. When a public hearing is required by these Regulations, public notice shall be given and the hearing shall be conducted in compliance with this chapter.

(Ord. 2185, Ord. 2410 §6)

   The public shall be provided notice of hearings in compliance with applicable State law.

   A.   Content of Notice. Notice of a public hearing shall include the date, time, and place of the hearing; the name of the review authority; a general explanation of the matter to be considered; and a general description, in text or by diagram, of the location of the real property that is the subject of the hearing. All noticing provisions required by the City's Environmental Review Guidelines shall be followed. Additionally, the notice shall clearly explain the process for filing appeals, in compliance with Chapter 19.12 (Appeals); the right of any person to appear and be heard and/or to submit written statements or diagrams to the Director; where additional information may be obtained; and a statement that any person who challenges the action taken on the application or proposal in court may be limited to raising only those issues that were raised, verbally or in writing, at the public hearing on the subject application or proposal.

   B.   Method of Distribution.

      1.   Notice of a public hearing required by this chapter for a use permit, variance, site plan and architectural design review, appeal, development agreement, specific plan, neighborhood or area plan, or amendments to the General Plan, Zoning Map, or these Regulations or any entitlement provided for in these Regulations, shall be given as follows:

         a.   Notice shall be published at least once in a local newspaper of general circulation in the City, at least 10 days before the hearing; and

         b.   Notice shall be mailed or delivered at least 10 days before the hearing to:

            (1)   The owner(s) of the property being considered, or the owner's agent, and the applicant;

            (2)   Each local agency expected to provide water, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

            (3)   All owners of real property, at the address as shown on the County's latest equalized assessment roll, within 500 feet of the property which is the subject of the hearing; and

            (4)   Any person who has filed a written request for notice with the Director and has paid the fee set by the most current City fee resolution for the notice.

      2.   If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide an alternate notice through the placement of at least a one-eighth page display advertisement in a local newspaper of general circulation within the City.

      3.   Notice of a public hearing by the City Council required by this chapter to designate buildings, structures, or objects on the Historic Resources Inventory shall be given by written notice of the hearing or request mailed or delivered to the applicant and any person requesting notice in writing, at least 10 days prior to the hearing.

   C.   Failure to Receive Notice. Failure of any person to receive notice required to be given in compliance with this chapter shall not affect the validity of the hearing or any action taken.

   D.   Additional Notice. In addition to the types of notice required by Subsection B above, the Director may provide any additional notice with content or using a distribution method as the Director determines is necessary or desirable.

(Ord. 2185; Ord. 2223; Ord. 2410 §7)(Ord. 2435 §15) (Ord. 2440 §7) (Ord. 2580 §2) (Ord. 2600)

   Hearings shall be held at the date, time, and place for which notice has been given. Any hearing may be continued, without further notification, provided that prior to the adjournment or recess of the hearing, a clear public announcement is made specifying the date, time, and place to which the hearing will be continued.

(Ord. 2185)

   For applications requiring Zoning Administrator approval, the Zoning Administrator will either announce and record the decision at the conclusion of a scheduled hearing, refer the matter to the Commission for determination, or defer action and take specified items under advisement and announce and record the decision after placing the item on an agenda for a later meeting. The decision shall contain 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, and any other interested person(s) who requested notice in writing, within 10 days from the date the decision is made.

(Ord. 2185)

   The Commission or Architectural Review and Historic Preservation Board may announce and record in the official records a decision at the conclusion of a scheduled hearing or defer action and take specified items under advisement and announce and record the decision after placing the item on an agenda for a later meeting. The decision shall contain 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, and any other interested person(s) who requested notice in writing, within 10 days from the date the decision is made.

(Ord. 2185; Ord. 2410 §8)

   The Commission or the Architectural Review and Historic Preservation Board may announce and record its recommendation on a development agreement, specific plan, neighborhood or area plan, or a proposed amendment to the General Plan, the Zoning Map, or these Regulations at the conclusion of a scheduled hearing, or defer action and take specified items under advisement and announce and record the recommendation after placing the item on an agenda for a later meeting. The Commission or the Architectural Review and Historic Preservation Board shall forward the written recommendation, including all required findings, to the Council for final action. Following the hearing, a notice of the Commission's or the Architectural Review and Historic Preservation Board’s recommendation shall be mailed to the applicant, at the address shown on the application, and any other interested person(s) who requested notice.

(Ord. 2185; Ord. 2410 §9)

   For applications requiring Council approval, the Council shall announce and record its decision at the conclusion of the public hearing or continue the hearing. The decision shall contain the findings of the Council and all conditions of approval and all reporting and monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety, and welfare of the City. The decision of the Council shall be final. 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, and any other interested person(s) who requested notice.

(Ord. 2185)

   This chapter addresses the manner in which decisions made pursuant to this Title may be appealed.

(Ord. 2185, Ord. 2374 §2)

   Determinations and actions that may be appealed, and the authority to act upon an appeal shall be as set forth in Table 2-1 and in this Chapter.

 

(Ord. 2185, Ord. 2374 §3, Ord. 2410 §10, Ord. 2439 §175, Ord. 2440 §8, Ord. 2494, §2, Ord. 2511, §5, Ord. 2519, §7, Ord. 2580, §3, Ord. 2600, Ord. 2610)

   A.   Airport Commission Decisions. Determinations of the Airport Commission shall be appealed in compliance with Chapter 2.80 of this Code.

   B.   Bidwell Park and Playground Commission Decisions. Determinations of the Bidwell Park and Playground Commission shall be appealed in compliance with Chapter 2.80 of this Code.

(Ord., Ord. 2374 §4)

   A.   Eligibility. An appeal may be filed by:

      1.   Any aggrieved person as defined in Chapter 2.80 of the Municipal Code;

      2.   The City Manager.

   B.   Timing and form of appeal.

      1.   Appeals which will be heard by the Architectural Review and Historic Preservation Board or Commission shall be filed in writing within 10 days from the date the decision was made which is being appealed. Appeals shall be on a form prescribed by the director, and shall specifically state the pertinent facts of the case and the basis for the appeal. Appeals shall be filed in the office of the director and shall be accompanied by a filing fee established by resolution of the City Council.

      2.   Appeals which will be heard by the city council shall be filed in the office of the city clerk, as set forth in chapter 2.80 of this Code.

(Ord. 2185, Ord. 2374 §5, Ord. 2410 §11)

   The provisions of this chapter are intended to ensure compliance with the requirements of these Regulations and any conditions of a permit, by providing for the revocation, or modification in lieu of revocation, of a permit. As used in this chapter and Chapter 19.30, "permit" means an administrative use permit, use permit, planned development permit, home occupation permit, site design and architectural review approval, variance or other discretionary entitlement approved or issued under the authority of this title, or subject to administration under this title, or required to be implemented or exercised in compliance with any provision of this title.

(Ord. 2185; Ord. 2223, Ord. 2312 §32; Ord. 2519 §8)

   The review authority shall hold a public hearing prior to revoking or modifying any permit pursuant to this chapter. Not less than ten (10) calendar days prior to the hearing, written notice of the hearing shall be delivered by personal service or sent by first-class mail to the owner of the property, as shown on the county's latest equalized assessment roll, and to the permittee, if other than the owner.

(Ord. 2185; Ord. 2223, Ord. 2312 §33)

   A.   Permit Revocation. A permit may be revoked or modified by the review authority that originally approved the permit if any of the following findings is made:

      1.   The permit was obtained based on a material misrepresentation by, on behalf of, or attributable to the permittee or the property owner, whether as a result of its content or omissions therefrom and regardless of whether the misrepresentation was intentional or negligent or otherwise inadvertent;

      2.   The use authorized by the permit, or the use of an improvement authorized in conjunction with the permit, has ceased or been suspended for one year;

      3.   One or more of the conditions of the permit has not been met or has been violated;

      4.   A use authorized by the permit, or an improvement authorized in conjunction with the permit, is in, or has been used, operated or maintained in, violation of any state or federal law or regulation, this code, or any city ordinance, resolution or regulation;

      5.   The improvement, use, or exercise of any right or privilege allowed by the permit is detrimental to the public interest, health, safety, convenience, or welfare of the city, or constitutes a nuisance;

      6.   One or more conditions of approval of the permit, including but not limited to measures imposed on the permit to mitigate environmental or other impacts, has been violated; or

      7.   In the case of a variance, circumstances have changed so that one or more of the findings required by Chapter 19.26 (Variances) for the approval of a variance can no longer be made, and the grantee has not substantially exercised the rights granted by the variance.

   B.   Structure Removal. If a permit is revoked, the review authority may order the removal of any structure, improvement or portion thereof installed, constructed or occupied pursuant to the revoked permit or any entitlement granted to implement that permit.

(Ord. 2185, Ord. 2312 §34)