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Clayton City Zoning Code

CHAPTER 17

64 - PERMITS—EXPIRATION, REVOCATION, AND APPLICATION PROCESSING

Sections:


17.64.010 - Expiration for Disuse.

Each permit issued under the provisions of this title, which is not used, exercised or established within the time specified on the permit, or if no time is specified, within twelve (12) months after the granting of the permit, shall be void.

(Ord. 52, Ch. III § 6(a), 1968; Ord. 325, 1996)

17.64.020 - Deemed Exercised When.

A permit issued pursuant to the provisions of this title shall be deemed to be exercised, used or established when, within twelve (12) months of the granting, or within the time otherwise specified on the permit, a building permit is issued by the building inspector for the purpose and location described on the permit, providing that the building permit does not expire. If no building permit is required under the building ordinance of the city to establish such variance, use or other matter granted, then the permit shall be deemed to be exercised, used or established when clear and visible evidence is demonstrated on the subject property as to its beginning and continual development thereafter until completed.

(Ord. 52, Ch. III § 6(b), 1968; Ord. 325, 1996)

17.64.030 - Extension.

Upon a showing of good cause therefor, the Planning Commission may extend the period of a permit in which it is to be exercised, used or established, for a maximum of twelve (12) months at a time or as otherwise specified on the permit.

(Ord. 325, 1996)

17.64.040 - Use Discontinued—Permit void—Extension.

If a use is established according to the terms and conditions of a permit and the use is discontinued for any reason for period of six (6) months, the permit shall become void and the use shall not be resumed. Upon application during the six (6) month period by the owner and upon a showing of good cause, the Planning Commission may grant an extension not to exceed an additional six (6) months.

(Ord. 52, Ch. III § 6(d), 1968; Ord. 325, 1996)

17.64.050 - Revocation—Causes.

A permit issued under the provisions of this title or any amendments thereto may be revoked for any of the following causes if the permittee, his successors or assigns has committed or allowed the Commission of any of the following acts relating to the premises, or any portion thereof, covered by the permit:

A.

A violation of this title or any amendments thereto;

B.

Continued violation of the terms, limitations or conditions of the permit after notice of the violation;

C.

Failure to abate a nuisance on the subject premises after notice;

D.

Any act or failure to act resulting in the conviction of a permittee, operator or employee of a violation of federal or state law or city ordinance or resolution in connection with the operation of the permitted use.

(Ord. 52, Ch. III § 7(a), 1968)

17.64.060 - Revocation—Hearing—Notice.

Hearing on revocation shall be scheduled before the Planning Commission and notice shall be given to the permittee and to the public in the same manner as on an initial hearing to grant such a permit.

(Ord. 52, Ch. III § 7(b), 1968)

17.64.070 - Revocation—Hearing—Procedure.

The hearing shall be conducted according to any rules of procedure adopted for initial hearing, except that the city shall have the burden of proving the charges and shall open and close the hearing.

(Ord. 52, Ch. III § 7(c), 1968)

17.64.080 - Planning Commission Decision—Filing and Mailing.

The Planning Commission shall make its findings and render its decision in writing. Its decision may order additional terms, limitations or conditions, a specified probationary period for correction or implementation of new requirements, a future review at a time specified, or a combination of these, or revocation. A copy of the decision of the Planning Commission shall be filed with the City Clerk within ten (10) days after the close of hearing on the matter and the City Clerk shall cause a copy of the decision to be mailed, postage prepaid, first class, to the permittee on the same day that the decision is filed.

(Ord. 52, Ch. III § 7(d), 1968)

17.64.090 - Planning Commission Decision—Appeal—Hearing—Notice.

If the permittee is dissatisfied with the decision he may appeal as provided in Sections 17.68.020 and 17.68.030 of this title. Hearing on the appeal shall be scheduled before the City Council and the notice given the same as provided for in Sections 17.68.020 and 17.68.030 of this title, with the decision of the City Council being final.

(Ord. 52, Ch. III § 7(e), 1968)

17.64.100 - Permit Application Requirements.

A.

Application Form/Requirements. The submittal package shall include the following (unless otherwise directed by the Community Development Director)(all plans and drawings shall be at scale one inch equals twenty (20) feet or greater for site planning and one-eighth inch equals one foot or greater for elevations and floor plans unless the Community Development Director requires another scale.):

1.

Site Plan to scale, including:

a.

Roof plan of building;

b.

Location of existing and proposed structures, including signs, with measurements to all property lines;

c.

Location of existing trees or natural attributes;

d.

Location of off-street parking and loading facilities with spaces designated;

e.

Location and dimensions of streets or adjacent roads;

f.

Location of points of entry and exits for vehicles and internal circulation patterns;

g.

Location of walls and fences and the indications of their heights and materials of construction;

h.

Location, width and purpose of all easements;

i.

Exterior lighting standards and devices (height and wattage), if appropriate;

j.

Grading and slopes where they affect the relationship of the structure.

2.

Architectural drawings, including:

a.

Plans to scale (including floor plans, if needed);

b.

Elevations to adequately describe development (at least two (2) sides);

c.

Color, materials and texture palette.

3.

For each proposed sign, architectural drawings indicating the location, size, color, shape and type of illumination of each proposed sign.

4.

Preliminary landscaping plan, if appropriate.

5.

Statement of operation, if appropriate, describing:

a.

Type of activity;

b.

Days and hours of operation;

c.

Estimated number of persons involved.

B.

Submittal Packet. The number of copies of each of the above, which constitutes an application submittal packet, will be determined by the Community Development Director.

C.

Application Fee. The Permit application material shall be accompanied by a fee in such amount as may be fixed from time to time by resolution of the City Council.

(Ord. 325, 1996; Ord. 414, 2008)

17.64.110 - Permit Procedures.

A.

After application filing, the Community Development Director shall determine if all submittal requirements have been met and if the application is complete. If so, the Community Development Director shall then schedule the matter before the Planning Commission. The Planning Commission shall hold a public hearing to review the Permit request. Notice of the public hearing shall be given in the manner and for the time required by California Government Code § 65091.

B.

At the conclusion of the public hearing, the Planning Commission shall make a determination regarding the Permit request with findings and conditions, as warranted. The determination shall be by affirmative vote of not less than a majority of the Commissioners present at a duly constituted meeting of the Planning Commission. After approval or conditional approval, the applicant may directly apply (if appropriate) for a building permit which is administratively reviewed by staff. A denial of the Permit request by the Commission shall cease further consideration of the request for a period of six (6) months following such denial, except in the following cases:

1.

An appeal is filed pursuant to Chapter 17.68 of this Title;

2.

When a new application, although involving all or a portion of the same property, is filed for a materially different proposal than that previously applied for.

3.

Denial without prejudice.

(Ord. 325, 1996)

17.64.120 - Conditions of Approval.

A.

The Planning Commission (or City Council upon appeal) may impose conditions to ensure that the proposal meets the purpose of the Permit.

B.

The Planning Commission (or City Council upon appeal) may as a Condition of Approval, require a cash bond or surety bond to ensure the completion of all or specified parts of the proposal, as conditioned, determined to be essential to achieve the purpose of the Permit.

(Ord. 325, 1996)

17.64.130 - Administrative Discretion for Minor Modifications.

The Director may consider and render decisions on matters of slight modification or minor adjustment to projects previously approved by the Planning Commission or City Council if the modification meets all of the following criteria:

A.

The modification complies with the intent and purpose of the applicable zoning district;

B.

The modification is in substantial conformance and of comparable nature to the approved project and concerns of the decision-making body; and

C.

The modification is consistent with all of the project's conditions of approval.

(Ord. 375, 2004)