Clovis City Zoning Code
Division 6
DEVELOPMENT CODE ADMINISTRATION
§ 9.80.010 Purpose of chapter.
The purpose of this chapter is to describe the authority and responsibilities of the Council, Commission, Department, Director, and Department staff in the administration of this Development Code (Title 9).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.80.020 Planning agency defined.
As provided by State law, the Commission is designated as the planning agency and as the advisory agency, when required or authorized. The Director shall perform the functions of an advisory agency, as assigned, in compliance with State law.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.80.030 City Council.
The Clovis City Council, referred to in this Development Code as the Council, in matters related to the City’s planning process shall perform the duties and functions prescribed in this Development Code, which include the following:
A.
Review authority on specified planning matters. Final decisions on development agreements, Development Code amendments, General Plan amendments, specific plans, Zone Map amendments, related environmental documents, and other applicable policy or Development Code matters related to the City’s planning process;
B.
Appeals. The review of appeals filed from Commission decisions; and
C.
Compliance. The above listed functions shall be performed in compliance with Table 5-1 (Threshold of Review) and the California Environmental Quality Act (CEQA).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.80.040 Planning Commission.
A.
Establishment. The Clovis Planning Commission, referred to in this Development Code as the Commission, is hereby established.
B.
Appointment.
1.
The Commission shall consist of five (5) members;
2.
Each member shall be:
a.
Appointed by the Mayor, subject to approval by the City Council;
b.
A resident of the City; and
c.
Appointed for a four (4) year term.
C.
Duties and authority. The Commission shall perform the duties and functions prescribed by this Development Code, and the Council may, from time to time by resolution, prescribe additional powers and duties not inconsistent with State law, including the following:
1.
The review of development projects, including referrals from the Director;
2.
The recommendation to the Council for final decisions, on development agreements, Development Code amendments, General Plan amendments, interpretations, specific plans, Zone Map amendments, related environmental documents, and other applicable policy or Development Code matters related to the City’s planning process; and
3.
The above listed functions shall be performed in compliance with Table 5-1 (Threshold of Review) and the California Environmental Quality Act (CEQA).
D.
Meeting rules. The Commission shall conduct public hearings and meetings in compliance with the Municipal Code and Chapter 88 of this title (Public Hearings).
E.
Vacancies and removal from office.
1.
Vacancies. If a vacancy should occur on the Commission, other than by expiration of a term, the vacancy shall be filled by appointment, by the Mayor with approval of the City Council, for the unexpired portion of that term.
2.
Removal. Any member of the Commission may be removed from office at any time by a majority vote of the entire membership of the Council.
F.
Compensation of members. Each member of the Commission shall receive compensation for attendance at Commission meetings in an amount established by the Council on a per-meeting basis.
G.
Financial powers. Appropriations of money to, and expenditures of money by or for, the Commission, and all other matters pertaining to the functioning of the Commission, shall be in compliance with State law.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.80.050 Planning and Development Services Director.
A.
Appointment. The Clovis Planning and Development Services Director, referred to in this Development Code as the Director, shall be appointed by the City Manager with confirmation by the City Council.
B.
Definition of the term “Director.” When used in this Development Code or any permit or condition approved in compliance with this Development Code, the term “Director” shall be as follows: “The City of Clovis Planning and Development Services Director,” referred to in this Development Code as the “Director.”
C.
Duties and authority. The Director shall:
1.
Have the responsibility to perform all of the functions designated by State law;
2.
Perform the duties and functions prescribed in this Development Code, including the review of administrative development projects, in compliance with Table 5-1 (Threshold of Review) in Section 9.50.040 (Authority for land use and zoning decisions), State law (Government Code Section 65901 et seq.), and the California Environmental Quality Act (CEQA);
3.
Serve as the Secretary of the Planning Commission;
4.
Perform other responsibilities assigned by the Council and City Manager;
5.
Delegate the responsibilities of the Director to Department staff under the supervision of the Director; and
6.
Serve in an advisory capaCity, in compliance with State law (Map Act Section 66415). In this capacity, the Director is charged with the responsibility of making investigations and reports on the design and improvement of proposed divisions of real property.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.82.010 Purpose of chapter.
This chapter provides requirements for the implementation or “exercising” of the permits or approvals identified in this Development Code, including time limits and procedures for granting extensions of time.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.82.020 Conformance to plans.
A.
Compliance. All work performed under a building permit for which project drawings and plans have received approval by the Director, City staff, Commission, or Council shall be in compliance with the approved drawings and plans and any conditions of approval imposed by the review authority.
B.
Changes. Changes to an approved project shall be submitted and processed in compliance with Section 9.82.100 (Changes to an approved project).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.82.030 Effective date of permits.
A.
Permits/variances.
1.
Home occupation permits, sidewalk use permits, and temporary use permits shall become effective immediately following the final date of approval.
2.
An administrative use permit, conditional use permit, minor deviation, planned development permit, sign review permit, site plan review, or variance shall become effective on the day following the actual date the decision is rendered by the applicable review authority subject to the appeal provisions of this code and subject to the applicant signing the acceptance of conditions. The applicant shall have thirty (30) calendar days from the final decision to sign the acceptance of conditions. The applicant or aggrieved party may file an appeal of the action by the Director or the Planning Commission putting the action in suspense until the appeal is heard and acted upon. The action will not become final if the applicant fails to sign the acceptance of conditions within thirty (30) days of the decision by the review authority. No building permit shall be issued nor any use activity started until the acceptance of conditions is signed. Failure to sign the acceptance of conditions as specified shall be deemed a rejection of the conditions of approval, and voids the approval.
B.
Plans/Amendments.
1.
Council actions to adopt or amend a development agreement, this Development Code, a specific plan (adopted by ordinance), or the Zone Map shall become effective on the thirtieth day following the date the ordinance is actually adopted by the Council. For example, an ordinance adopted on October 1st will actually be effective on October 31st.
2.
Council actions to adopt or amend the General Plan or a specific plan (adopted by resolution) shall become effective on the actual date the decision is rendered by the Council.
C.
Issued on the effective date. Permits, certificates, and/or other approvals shall not be issued until the effective date; provided, that no appeal of the review authority’s decision has been filed, in compliance with Chapter 90 of this title (Appeals) and the acknowledgment and acceptance of conditions has been signed.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.82.040 Acknowledgment and acceptance of conditions.
A.
Full understanding and acceptance. The applicant, upon the receipt of the approved copy of an administrative use permit, conditional use permit, minor deviation, planned development permit, sign review permit, site plan review, or variance with attached conditions, shall execute an acknowledgment and acceptance of conditions agreement with the City, certifying full understanding and acceptance of the final conditions of approval.
B.
Signed and dated. The applicant shall return the acknowledgment and acceptance of conditions agreement to the Department, properly signed and dated, within thirty (30) calendar days.
C.
Appeal. If the applicant wishes to appeal any or all of the final conditions of approval, the applicant shall file an appeal with the Department within fifteen (15) working days following receipt of the approved copy of the permit with attached conditions, in compliance with Chapter 90 of this title (Appeals).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.82.050 Copies to applicant.
The approved permit, with attached conditions, and a dated copy of the acknowledgment and acceptance of conditions agreement bearing the signature of the Director and the applicant shall be mailed to the applicant.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.82.060 Applications deemed approved.
A.
Applicable provisions. A permit application deemed approved in compliance with State law (Government Code Section 65956(b)) shall be subject to all applicable provisions of this Development Code, which shall be satisfied by the applicant before a building permit is issued or a land use not requiring a building permit is exercised or established, and shall be subject to compliance with the California Environmental Quality Act (CEQA).
B.
Public hearing. The permit application shall be deemed approved only if the application received proper notice in compliance with Chapter 88 of this title (Public Hearings).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.82.070 Performance guarantees.
A.
Faithful performance. A permit applicant may be required by conditions of approval, or by action of the Director, to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the review authority.
B.
Amount of security. The Director shall be responsible for setting the amount of the required security, after consultation with the Building Official or the City Engineer.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.82.080 Expiration.
A.
Expiration of permits or approvals for failure to exercise.
1.
Permits and approvals for a specified time period shall expire in accordance with their terms.
2.
Permits and approvals with no specified time period and not subject to the Subdivision Map Act shall expire if not exercised within twelve (12) months from the date of approval, unless an extension is approved by the applicable review authority in compliance with Section 9.82.090 (Time extensions).
3.
Upon expiration, the permit or approval shall be deemed null and void and of no force or effect. Any vested rights associated with the permit or approval shall terminate.
4.
The permit or approval shall not be deemed exercised until and unless the applicant has:
a.
Obtained a building permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvements has commenced; or
b.
Obtained a grading permit and has completed a significant amount of on-site grading, as determined by the Director; and
c.
Diligently continued the approved construction/grading activities; or
d.
Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.
5.
A lapse in building permits or discontinuance of construction/grading activity for a period of twelve (12) months shall be considered noncontinuous activity.
B.
Expiration of permits or approvals for cessation of use.
1.
Unless the permit or approval otherwise provides, permits and approvals shall expire upon cessation of use for a continuous period of three hundred sixty-five (365) days or for a use that occurs on less than sixty (60) calendar days in any rolling three hundred sixty-five (365) day period.
2.
Upon expiration, the permit or approval shall be deemed null and void and of no force or effect. Any vested rights associated with the permit or approval shall terminate.
C.
Phasing.
1.
Where the permit or approval provides for development in two (2) or more phases or units in sequence, the permit or approval shall not be approved until the review authority has approved the final phasing plan for the entire project site. The project applicant shall not be allowed to develop one phase in compliance with the pre-existing base zoning district and then develop the remaining phases in compliance with this chapter, without prior review authority approval.
2.
Pre-approved phases.
a.
If a project is to be built in pre-approved phases, each subsequent phase shall have twelve (12) months from the previous phase’s date of construction commencement to the next phase’s date of construction commencement to have occurred, unless otherwise specified in the permit or approval, or the permit or approval shall expire and be deemed void, and any vested rights associated with the permit or approval shall terminate.
b.
If the application for the permit or approval also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit or approval shall be exercised before the expiration of the companion tentative map.
D.
Process for confirmation of expiration. The City shall utilize the following procedures for permits and approvals that have expired under this section:
1.
Notify the applicant and property owner that the permit or approval has expired and that the applicant may request a hearing for the purposes of contesting whether the grounds for expiration have been met.
2.
The time for requesting a hearing and the procedures for the conduct of the hearing shall be governed by Article 2 of Chapter 28 of Title 5, except that the hearing shall be held before the person or body which approved the permit or approval.
E.
Effect of expiration. Where the permit or approval has expired the following shall apply:
1.
No further reliance may be placed on the previously approved permit or approval;
2.
The applicant shall have no rights previously granted under the permit or approval;
3.
The applicant shall file a new application(s) and obtain all required approvals before construction can commence or an allowable use may be implemented; and
4.
Any security provided by the applicant under the previously approved permit or approval may be utilized by the City to provide suitable protection from any harm that may result from the terminated development.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.82.090 Time extensions.
Requests for a time extension for a permit or approval shall be filed and processed in the following manner:
A.
Before expiration. The applicant’s written request for an extension of time shall be on file with the Department before expiration of the permit or approval, together with the filing fee required by the City’s Fee Schedule.
B.
No hearing required. A public hearing shall not be required for the applicable review authority’s decision on an extension of time.
C.
Suspension of expiration.
1.
The filing of a written extension request shall stay the actual expiration of the permit until the extension request has been acted upon by the Director, Commission, and/or Council.
2.
No building permit shall be issued in compliance with the permit during the period of the stay.
D.
Director’s action on extension.
1.
Upon good cause shown, an extension may be approved, approved with modifications, or disapproved by the Director, subject to the findings identified in subsection F of this section (Required findings).
2.
The Director’s decision may be appealed to the Commission, in compliance with Chapter 90 of this title (Appeals).
3.
The permit or approval may be extended for additional one hundred eighty (180) day periods, up to a maximum of twelve (12) months beyond the expiration date of the original approval, unless otherwise allowed by State law.
E.
Commission’s and Council’s actions on extension.
1.
Upon good cause shown, an extension may be approved, approved with modifications, or disapproved by recommendation of the Commission and action of the Council, subject to the findings identified in subsection F of this section (Required findings).
2.
The permit or approval may be extended for additional twenty-four (24) month periods unless otherwise allowed by State law.
F.
Required findings. An extension of the permit or approval may be granted only if the applicable review authority first finds that:
1.
There have been no changes in circumstances or law which would preclude the review authority from making the findings upon which the original approval was based; and
2.
Appropriate evidence has been provided by the applicant to document that the extension is required due to an unusual hardship that was not the result of personal action(s) undertaken by the applicant.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.82.100 Changes to an approved project.
A.
Application.
1.
A development or new land use allowed through an administrative use permit, conditional use permit, home occupation permit, minor deviation, planned development permit, sign review permit, Sign Program, site plan review, temporary use permit, or variance shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority, except where changes to the project are approved in compliance with this section.
2.
An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.
3.
Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the project (e.g., hours of operation, expansion of a use, etc.) as originally proposed by the applicant or approved by the review authority.
4.
Changes shall be approved before implementation of the changes, and may be requested either before or after construction or establishment and operation of the approved use.
B.
Notice and hearing. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing, except for the minor changes outlined below (see subsection C of this section), and shall give notice, in compliance with Chapter 88 of this title (Public Hearings).
C.
Minor changes. The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use only if the changes:
1.
Are consistent with all applicable provisions of this Development Code and the spirit and intent of the original approval; and
2.
Do not involve a feature of the project that was:
a.
A basis for findings in a negative declaration or environmental impact report for the project;
b.
A basis for conditions of approval for the project; or
c.
A specific consideration by the review authority (e.g., the Director, Commission, or Council) in granting the permit or approval.
D.
Major changes. Major changes include changes to the project involving features specifically described in subsection (C)(2) of this section, and shall only be approved by the review authority through a new application or modification, processed in compliance with this Development Code.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.82.110 Resubmittals.
No person, including the original applicant, shall reapply for a similar application on the same parcel or structure within a period of twelve (12) months after the date of the final decision on the previous application, unless the decision is disapproved without prejudice.
A.
Director’s determination. The Director shall determine whether the new application is for a discretionary permit or other approval which is the same or substantially similar to the previously approved or disapproved permit, approval, or amendment.
B.
Appeal. The determination of the Director may be appealed to the Commission, in compliance with Chapter 90 of this title (Appeals).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.82.120 Covenants of easements.
A.
Applicability. When necessary to achieve the land use goals of the City, the City may require a property owner holding property in common ownership to execute and record a covenant of easement in favor of the City, in compliance with State law (Government Code Sections 65870 et seq.).
1.
Required provisions. A covenant of easement may be required to provide for emergency access, ingress and egress, landscaping, light and air access, open space, parking, reciprocal access, or for solar access.
2.
Condition of approval. The covenant of easement may be imposed as a condition of approval by the applicable review authority.
B.
Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Easement. An easement is usually for the benefit of one or more individuals, and it is actually an interest in land that belongs to someone else and creates an encumbrance on that land. It is created by grant of easement and accompanied by a legal description and plat of the easement.
Irrevocable offer of dedication. This is an actual offer of dedication for future right-of-way. The offer is recorded, but does not go into effect until the Council authorizes and accepts the right-of-way. The exhibits used are the same as for any other dedication, a legal description and a plat showing its location.
Partial reconveyance. If a landowner has a loan against the subject property, there is a first deed of trust on the property. The City requires that all property purchased from a property owner be free and clear of all encumbrances. This requires a release from the lender for that portion of the property the City is acquiring. This is called a partial reconveyance.
Reciprocal access easement. This is an agreement between parties owning adjacent properties. This allows all owners of property that have entered into this agreement the right to cross over or do work within or from the others’ property. This instrument is used for ingress and egress, parking, maintenance, sanitary sewer, water and storm drainage across, over, or under each property for the benefit of each party.
Right-of-entry. Gives the City the right to enter across, over, under, or upon the grantor’s property and is usually used to allow construction to proceed before right-of-way being acquired.
C.
Form of covenant. The form of the covenant shall be approved by the City Attorney, and the covenant of easement shall:
1.
Describe property. Describe the real property subject to the easement;
2.
Describe property to be benefited. Describe the real property to be benefited by the easement;
3.
Planning permit. Identify the City approval or planning permit granted which relied on or required the covenant; and
4.
Purpose of easement. Identify the purpose(s) of the easement.
D.
Recordation. The covenant of easement shall be recorded in the County Recorder’s Office.
E.
Effect of covenant. From and after the time of its recordation, the covenant of easement shall:
1.
Act as an easement. Act as an easement in compliance with State law (Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Civil Code Section 1104 shall be applicable to the conveyance of the affected real property; and
2.
Impart notice. Impart notice to all persons to the extent afforded by the recording laws of the State. Upon recordation, the burdens of the covenant shall be binding on, and the covenant shall benefit, all successors-in-interest to the real property.
F.
Enforceability of covenant.
1.
The covenant of easement shall be enforceable by the successors-in-interest to the real property benefited by the covenant and the City.
2.
Nothing in this section creates standing in any person, other than the City, and any owner of the real property burdened or benefited by the covenant, to enforce or to challenge the covenant or any requested amendment or release.
G.
Release of covenant. The release of the covenant of easement may be effected by the Director, or under an appeal, following a noticed public hearing in compliance with Chapter 88 of this title (Public Hearings).
1.
May be released by City. The covenant of easement may be released by the City, at the request of any person, including the City or an affected property owner, on a finding that the covenant, on the subject property, is no longer necessary to achieve the land use goals of the City.
2.
Recordation of notice. A notice of the release of the covenant of easement shall be recorded by the Director with the County Recorder’s Office.
H.
Fees. The City shall impose fees to recover the City’s reasonable cost of processing a request for a release. Fees for the processing shall be established by the City’s Fee Schedule.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.84.010 Purpose of chapter.
A.
The purpose of this chapter is to establish provisions for the orderly termination of nonconforming uses, structures, and parcels in order to promote the public health, safety, and general welfare, and to bring these uses, structures, and parcels into conformity with goals, policies, and actions of the General Plan.
B.
Within the zoning districts established by this Development Code, there exist uses, structures, and parcels that were lawful before the adoption or amendment of this Development Code, but that would be prohibited, regulated, or restricted differently under the terms of this Development Code or future amendments.
C.
This chapter is intended to prevent the expansion of nonconforming uses, structures, and parcels to establish the criteria under which they may be continued, and to provide for the correction or removal of these nonconformities in an equitable and timely manner.
D.
It is hereby declared that nonconforming uses, structures, and parcels within the City are detrimental to both the orderly and creative development and the general welfare of citizens and property. It is further declared that nonconforming uses, structures, and parcels shall be eliminated as rapidly as possible without infringing upon the constitutional rights of property owners.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.84.020 Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning.
Nonconforming parcels.
A parcel of record that was legally created before the adoption of this Development Code and which does not comply with the access, area, or dimensional requirements of this Development Code for the zoning district in which it is located.
Nonconforming structures.
A structure that was legally constructed before the adoption of this Development Code and which does not conform to current provisions/standards (e.g., open space, distance between structures, etc.) prescribed for the zoning district in which the structure is located.
Nonconforming uses.
A use of a structure (either conforming or nonconforming) or land that was legally established and maintained before the adoption of this Development Code and which does not conform to the current provisions governing allowable land uses for the zoning district in which the use is located.
Nonconformity upon annexation.
A use, structure, or parcel that legally existed in the unincorporated territory and after annexation does not comply with the provisions of this Development Code.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.84.030 Restrictions on nonconforming uses.
The continuance of a nonconforming use is subject to the following:
A.
No changes. A nonconforming use shall not change nor shall the intensity of the use increase;
B.
Termination of nonconforming use. If a nonconforming use is terminated or ceases for a continuous period of at least ninety (90) days, it shall lose its nonconforming status, and the continued use of the property shall be required to conform to the provisions of this Development Code;
C.
Development restrictions. Development of any property that has a nonconforming use may be allowed only under the following circumstances:
1.
The proposed development is in compliance with all applicable provisions of this Development Code, and either:
a.
The area and intensity of the nonconforming use remains unchanged; or
b.
The area and intensity of the nonconforming use is reduced as part of the development proposal;
D.
No resumption of nonconforming use. If a nonconforming use is converted to a conforming use, a nonconforming use may not be resumed; and
E.
No change or expansion of use. No nonconforming use may be replaced by another nonconforming use, nor may any nonconforming use be expanded.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.84.040 Restrictions on nonconforming structures.
The continuance of a nonconforming structure is subject to the following:
A.
Involuntarily damaged.
1.
A nonconforming structure which is involuntarily damaged to an extent of fifty percent (50%) or more of its replacement cost immediately before the damage may be restored only if it is made to conform to all applicable provisions of this Development Code.
2.
The replacement cost shall be determined by the Building Official, whose decision may be appealed to the Council.
B.
Development of property with nonconforming structure. Development of any property that has a nonconforming structure may be allowed under the following circumstances:
1.
The proposed development is in compliance with all provisions of this Development Code, and either:
a.
The dimension of the nonconforming condition remains unchanged; or
b.
The dimension of the nonconforming condition is reduced as part of the development proposal.
C.
Discontinuance.
1.
If the use of a nonconforming structure is discontinued for a continuous period of at least ninety (90) days, the structure shall lose its nonconforming status, and shall be removed or altered to conform to the applicable provisions of this Development Code.
2.
The use of a nonconforming structure shall be considered discontinued in compliance with Section 9.84.050(A) (Termination by discontinuance).
D.
Residential structure in need of repair. A nonconforming residential structure within a commercial or industrial zoning district which is ordered to be repaired by the City Building Official shall do so in compliance with the minimum requirements of the California Building Code.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.84.050 Loss of nonconforming status.
A.
Termination by discontinuance.
1.
Termination of rights. All rights to a legal nonconforming status shall terminate, regardless of the owner’s intention(s), if the nonconforming use of land or a nonconforming use of a conforming structure is discontinued for continuous period of at least ninety (90) days.
2.
Abandonment. The determination of abandonment (discontinuance) shall be supported by evidence, satisfactory to the Director (e.g., the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, the turning-off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is in continual operation).
3.
Loss of legal nonconforming status. Without further action by the City, further use of the structure or parcel shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this Development Code.
B.
Termination by destruction.
1.
Involuntarily damaged.
a.
If a nonconforming structure, or a conforming structure used for a nonconforming use, is involuntarily damaged, destroyed, or demolished due to a catastrophic event (e.g., explosion, fire, or other casualty, or by act of God, or by act of war), the right to continue occupancy of the nonconforming structure, or to continue the nonconforming use, shall cease.
b.
The only exception to this provision shall be for multifamily dwelling units involuntarily damaged, destroyed, or demolished in compliance with State law (Government Code Section 65852.25).
2.
Costs.
a.
The structure may be repaired or rebuilt and reoccupied only if the cost of repairing or replacing the damaged portion of the structure does not exceed fifty percent (50%) of the replacement cost of the structure, immediately before the damage or destruction.
b.
The replacement cost shall be determined by the Building Official, whose decision may be appealed to the Council.
3.
Timely restoration. The restoration (reconstruction, repair, or replacement) may only occur if a building permit for the restoration is obtained within twelve (12) months of the date of damage or destruction, and is diligently pursued to completion in compliance with this Development Code and the City’s adopted California Building Code. Otherwise, all rights to restore, in compliance with this section, are terminated.
C.
Termination by operation of law.
1.
Amortization schedule.
a.
Length of amortization. Commencing with the service of notice described in subsection (C)(2) of this section (Notice), all nonconformities (uses/structures), except multifamily residential structures in compliance with subsection (B)(1)(b) of this section, shall be discontinued or brought into conformity with this Development Code. The length of the amortization period shall be as identified in Table 6-1 (Amortization Schedule).
TABLE 6-1 AMORTIZATION SCHEDULE | |
|---|---|
DESCRIPTION OF NONCONFORMITY | LENGTH OF AMORTIZATION (1) |
Where the property is unimproved. | One year |
Where the property is unimproved except for structures of a type for which the City Building Code does not require a building permit. | Two years |
Where the property is unimproved except for structures which contain less than 100 square feet of gross floor area. | Three years |
The nonconforming use of a conforming structure. | Five years (2) |
Signs. | See 9.34.150(B) |
A nonconforming use conducted in a structure designed to serve a use allowed in the zoning district. | Five years |
Type I and Type II structures (fire resistive). (3) | 20 years |
Type III (heavy timber construction and ordinary masonry construction) and Type IV (light incombustible frame and wood frame construction). (3) | 30 years |
Type V structures (light incombustible frame and wood frame construction). (3) | 20 years |
Notes: | |
|---|---|
(1) | The length of amortization shall be measured from the effective date, or operative date where later, of the ordinance or amendment establishing the nonconformity. |
(2) | The length of amortization shall be five (5) years from the date the use first becomes nonconforming. |
(3) | Type of construction, as defined in the California Building Code. |
b.
Residential uses. The nonconforming residential use of a conforming structure may exceed the five (5) year amortization schedule, identified in Table 6-1, when approved by resolution of the Council in compliance with the following:
(1)
A letter and filing fee requesting the continuation shall be submitted by the property owner which shall include the following information:
(a)
Location and address of the affected residence;
(b)
The zoning district in which the residence is located; and
(c)
Names of individuals residing within the residence.
(2)
The request shall be accompanied by an evaluation by the Director indicating any potential area impacts caused by the continued use of this residence and a report from the Building Inspection Division verifying that the structure is safe and habitable.
(3)
Based on this information, the Council may grant an extension of up to five (5) additional years for continued nonconforming residential uses.
c.
Conformance with abatement standards. Owners of property which are in receipt of an official City notice regarding the property’s nonconformity before the adoption of this Development Code shall conform with the standards for abatement in effect at the time of original notice.
d.
Failure to comply. Any use which does not comply with this subsection shall be deemed a public nuisance and shall be abated accordingly, unless an exception/extension is granted by the Commission.
e.
Future uses and structures shall comply. When a nonconforming structure is removed from the site at or before the end of the amortization period, every future use and structure shall be in conformity with the applicable provisions of this chapter.
f.
Necessary repairs. Repairs necessary to maintain a nonconforming structure shall not be construed as lengthening the amortization period identified in Table 6-1 (Amortization Schedule).
2.
Notice.
a.
Upon determination that the provisions of this subsection apply to a given parcel of land, the Director shall send a notice by certified mail, return receipt requested, to the owner as shown on the current tax assessor’s rolls, shall cause the property to be posted with a similar notice, and shall publish the notice at least once in a newspaper of general circulation.
b.
The notice provided for in this subsection shall state the following:
(1)
That the property in question is nonconforming;
(2)
The date of abatement established in subsection (C)(1) of this section (Amortization schedule); and
(3)
That the date of abatement may be appealed to the Commission within thirty (30) days of the date indicated on the notice, in compliance with Chapter 90 of this title (Appeals).
c.
The City has no legal obligation to notify subsequent owners of the affected parcels of land.
3.
Appeal. The owner of any parcel upon which a nonconforming structure or use is being maintained may appeal the length and/or the classification of the amortization period described in the notice provided in compliance with subsection (C)(2) of this section (Notice) by submitting an appeal, on a form provided by the Director and accompanied by any required fee in compliance with the City’s Fee Schedule, within thirty (30) days of the date indicated on the notice, in compliance with Chapter 90 of this title (Appeals).
4.
Hearing.
a.
Within sixty (60) days after receipt of an appeal, the Commission shall hold a public hearing to determine whether the nonconformity should be abated as indicated in the notice, or whether a time extension should be granted as identified in subsection (C)(8) of this section (Extension of time);
b.
Notice of the hearing shall be provided in the same manner as the notice of abatement. In addition, notice shall be provided by mail to the owners of abutting parcels;
c.
The Commission shall receive written and oral testimony at the hearing relating to the term of abatement. During the hearing, the owner shall be allowed to call witnesses and be represented by counsel;
d.
At the close of the hearing, the Commission shall determine whether the nonconformity should be abated, and whether the owner of the parcel can amortize the investment in the term for abatement provided in subsection (C)(1) of this section (Amortization schedule), and if not, what term for abatement should be provided. The burden of proof shall be upon the owner to demonstrate, by a preponderance of the evidence, that the owner is entitled to a longer abatement period than provided for in subsection (C)(1) of this section (Amortization schedule);
e.
In the case of a nonconforming use, the Commission shall also determine whether the structure including the nonconforming use can economically be used in its present condition or can successfully be modified for a purpose allowed by the zoning district in which it is located; and
f.
The Commission may require reasonable modifications or alterations to any nonconformity to improve the nonconformity’s appearance or compliance with this Development Code, Municipal Code, or State law, except that any modification or alteration which would extend the useful life of the nonconformity is expressly prohibited.
5.
Decision and order.
a.
The decision of the Commission and the findings in support thereof shall be in the form of a written order and shall be served upon the property owner personally or by certified mail, return receipt requested, within ten (10) days after the decision is rendered.
b.
The order shall be binding upon the owner, and the owner’s successors-in-interest, heirs, and assignees.
6.
Right of further appeal.
a.
Any interested person may appeal the decision of the Commission to the Council within fifteen (15) days of service of the order upon the owner. The appeal hearing shall be noticed in the same manner as the original hearing before the Commission;
b.
The appeal shall be accompanied by any documents, information, and fee the Director deems necessary to adequately explain and to provide proper notification for the appeal. The appeal shall outline specifically and in detail the grounds for the appeal. The Council may refuse to consider issues not raised in the written appeal of the Commission’s decision;
c.
When an appeal has been accepted, the Director shall forward to the Council all documents and information on file pertinent to the appeal, together with the minutes or official action of the Commission, and a report on the basis of the decision and the appropriateness of the appeal;
d.
The Council shall consider the appeal at a public hearing, including all information and evidence submitted with the original application, and any additional information and evidence the appellant may submit which the Council finds to be pertinent, in compliance with Chapter 90 of this title (Appeals); and
e.
The action of the Council shall be to sustain, disapprove, conditionally sustain, or refer the appeal back to the Commission with direction(s), all in compliance with the same requirements and procedures that were applicable to the Commission.
7.
Recordation of order. At the conclusion of all hearings, notice of the decision and order of the Commission, or the Council in the case of an appeal, shall be recorded in the office of the County Recorder.
8.
Extension of time.
a.
The Commission may grant an extension of the time for abatement of a nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner; and
b.
The Commission shall base its decision as to the length of the allowed amortization period on any competent evidence presented, including the following:
(1)
The nature of the use;
(2)
The amount of the owner’s investment in improvements;
(3)
The convertibility of improvements to allowed uses;
(4)
The character of the neighborhood;
(5)
The detriment, if any, caused to the neighborhood by continuance of the nonconforming use;
(6)
The amount of time needed to amortize the investment; and
(7)
The depreciation schedule attached to the owner’s latest Federal income tax return.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.84.060 Nonconforming parcels.
A.
Legal building site. A nonconforming parcel of record that does not comply with the access, area, or dimensional requirements of this Development Code for the zoning district in which it is located shall be considered a legal building site if it meets at least one of the criteria identified in subsection C of this section (Responsibility of applicant).
B.
New development shall conform. New development on nonconforming parcels shall conform to the current development standards established by this Development Code and other applicable City regulations.
C.
Responsibility of applicant. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following criteria:
1.
Approved subdivision. The parcel was created through a subdivision approved by the City;
2.
Individual parcel legally created by deed. The parcel is under one ownership of record, and was legally created by a recorded deed before the effective date of the amendment that made the parcel nonconforming;
3.
Variance or lot line adjustment. The parcel was approved through the variance procedure, in compliance with Chapter 68 of this title or resulting from a lot line adjustment; and
4.
Partial government acquisition. The parcel was created in compliance with the provisions of this Development Code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size or dimensions are decreased beyond that required by the applicable zoning district.
D.
Allowable residential uses and development standards.
1.
R-1 District. A nonconforming parcel of record under separate ownership at the time it became nonconforming may be used for or occupied by any use allowed in the R-1 District.
a.
If, on September 15, 1971, two (2) or more nonconforming parcels, each with a separate and distinct number or other designation on an official map or approved record of survey recorded in the office of the County Recorder, or delineated on an approved lot split map on file in the Department, and abutting at least one public street or right-of-way, are held in separate ownership:
(1)
Each parcel may be used as a separate parcel if it contains at least five thousand (5,000) square feet of parcel area, with a minimum width of fifty feet (50') and a minimum depth of one hundred feet (100');
(2)
If three (3) or more nonconforming parcels are held in separate ownership, they may be divided into parcels each of which contains at least five thousand (5,000) square feet of parcel area, with a minimum width of fifty feet (50') and a minimum depth of one hundred feet (100'); and
(3)
Each parcel may be developed if each is first determined to be suitable for R-1 type residential construction by the Director.
b.
If the division requires a change of any existing lot line shown on an official map or record of survey recorded in the office of the County Recorder or on an approved lot split map on file in the Department, a lot split map shall be filed with the Department in compliance with the requirements of this chapter.
2.
R-2 District. A nonconforming parcel of record under separate ownership at the time it became nonconforming may be used for, or occupied by, any use allowed in the R-2 and R-2-A Districts, subject to the following limitations:
a.
Where a parcel has less than five thousand (5,000) square feet of parcel area, the parcel shall not be used for more than one dwelling unit; and
b.
Where the parcel has five thousand (5,000) square feet or more of parcel area, but less than seven thousand two hundred (7,200) square feet of parcel area, the parcel shall not be used for more than two (2) dwelling units.
3.
R-3 District. A nonconforming parcel of record under separate ownership at the time it became nonconforming may be used for, or occupied by, any use allowed in the R-3 and R-3-A Districts, subject to the following limitations:
a.
Where the parcel has less than five thousand (5,000) square feet of parcel area, the parcel shall not be used for more than one dwelling unit;
b.
Where the parcel has five thousand (5,000) square feet or more of parcel area, but less than seven thousand two hundred (7,200) square feet of parcel area, the parcel shall not be used for more than two (2) dwelling units; and
c.
Where the parcel has seven thousand two hundred (7,200) square feet or more of parcel area, but less than eight thousand four hundred (8,400) square feet of parcel area, the parcel shall not be used for more than three (3) dwelling units.
4.
R-4 District. A nonconforming parcel of record under separate ownership at the time it became nonconforming may be used for, or occupied by, any use allowed in the R-4 District, subject to the following limitations:
a.
Where the parcel has less than three thousand (3,000) square feet of parcel area, the parcel shall not be used for more than one dwelling unit;
b.
Where the parcel has three thousand (3,000) square feet or more of parcel area, but less than four thousand (4,000) square feet of parcel area, the parcel shall not be used for more than two (2) dwelling units;
c.
Where the parcel has four thousand (4,000) square feet or more of parcel area, but less than five thousand (5,000) square feet of parcel area, the parcel shall not be used for more than three (3) dwelling units;
d.
Where the parcel has five thousand (5,000) square feet or more of parcel area, but less than six thousand (6,000) square feet of parcel area, the parcel shall not be used for more than four (4) dwelling units;
e.
Where the parcel has six thousand (6,000) square feet or more of parcel area, but less than seven thousand (7,000) square feet of parcel area, the parcel shall not be used for more than five (5) dwelling units;
f.
Where the parcel has seven thousand (7,000) square feet or more of parcel area, but less than eight thousand (8,000) square feet of parcel area, the parcel shall not be used for more than six (6) dwelling units;
g.
Where the parcel has eight thousand (8,000) square feet or more of parcel area, but less than nine thousand (9,000) square feet of parcel area, the parcel shall not be used for more than seven (7) dwelling units;
h.
Where the parcel has nine thousand (9,000) square feet or more of parcel area, but less than nine thousand five hundred (9,500) square feet of parcel area, the parcel shall not be used for more than eight (8) dwelling units; and
i.
Where the parcel has nine thousand five hundred (9,500) square feet or more of parcel area, but less than ten thousand (10,000) square feet of parcel area, the parcel shall not be used for more than nine (9) dwelling units.
5.
Nonconforming residential parcels with substandard widths and/or depths.
a.
Legally created, nonconforming single-family residential parcels having either a substandard width or a substandard depth may utilize the front or side setback requirement of another single-family residential zoning district, with the exception of the R-1-MD and the R-1-PD Districts, where a lesser width or depth is allowed.
b.
Where both width and depth are substandard, this provision shall apply to both the front and side setbacks.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.84.070 Conditional use permits.
None of the uses identified in this Development Code as “uses subject to a conditional use permit” which were lawfully in existence as of the effective date of these regulations shall be deemed nonconforming solely by reason of the application of the conditional use permit procedural requirements, in compliance with Chapter 64 of this title; provided, that:
A.
Use allowed with conditional use permit approval.
1.
A use of a structure or land for which a conditional use permit is required, or for which a conditional use permit is granted, which use is existing at the time of adoption of this Development Code, in any zoning district in which the use is allowed subject to the granting of a conditional use permit, shall without further City action be considered a conforming use.
2.
A land use that was legally established without a conditional use permit, but would be required by current Development Code provisions to have conditional use permit approval, shall not be altered in any way unless a conditional use permit is first obtained before the end of the amortization period established by Table 6-1 (Amortization Schedule), Section 9.84.050.
B.
Use no longer allowed with conditional use permit approval.
1.
A land use that was established with conditional use permit approval, but is not allowed with conditional use permit approval by the current Development Code, may continue only in compliance with the conditions and regulations of the original conditional use permit.
2.
If the original conditional use permit specified a termination date, then the use shall terminate in compliance with the requirements of the conditional use permit or the amortization period established by Table 6-1 (Amortization Schedule), whichever first occurs.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.84.080 Building permits or certificates of occupancy prohibited.
A.
No further building permits. When any nonconforming use, structure, or parcel is no longer allowed in compliance with the provisions of this chapter, no building permit shall thereafter be issued for further alteration, continuance, or expansion.
B.
Permits issued in error. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming use, structure, or parcel.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.84.090 Removal of illegal nonconforming uses and structures.
A.
Illegal nonconformities. Nothing contained in this chapter shall be construed or implied so as to allow for the continuation of illegal nonconforming uses and structures.
B.
Shall be removed immediately. The uses and structures shall be removed immediately subject to the provisions of Chapter 92 of this title (Enforcement) and State law.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.84.100 Nuisance abatement.
In the event that a legal nonconforming use, structure, or parcel is found to constitute a public nuisance, appropriate action shall be taken by the City, in compliance with Chapter 28 of Title 5.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.86.010 Purpose of chapter.
The purpose of this chapter is to provide procedures for a:
A.
General Plan. General Plan amendment and amendment of specific plans that may include revisions to, goals, policies, actions, land use designations, or text;
B.
Development Code. Development Code amendment that may modify any procedures, provisions, requirements, or standards, applicable to the development and/or use of property within the City; and
C.
Zone Map. Zone Map amendment that has the effect of rezoning property from one zoning district to another.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.86.020 Initiation of amendments.
A.
Compliance with section. An amendment to the General Plan, this Development Code, or the Zone Map shall be initiated in compliance with this section.
B.
Who may initiate an amendment. An amendment may be initiated by:
1.
Council. A resolution of intention by the Council;
2.
Commission. A resolution of intention by the Commission;
3.
Urgency measure.
a.
The Council may take appropriate action to adopt an urgency measure, as an interim ordinance, in compliance with State law (Government Code Section 65858).
b.
If the Commission in good faith is conducting, or resolves to conduct, studies within a specified time for the purpose of holding a hearing(s) in order to provide recommendations to the Council related to the adoption or amendment of this Development Code, or in the event that new territory may be annexed to the City, the Council, in order to protect the public health, safety, and welfare, may adopt as an urgency measure a temporary interim ordinance prohibiting uses which may be in conflict with the adopted or amended Development Code.
4.
Property owner. Filing with the Department a complete application for a:
a.
General Plan amendment by an interested person;
b.
Development Code amendment by an interested person; or
c.
Zone Map amendment by the subject property owner(s).
(1)
A property owner(s) or authorized representative of an owner(s) may propose an amendment to change property from one zoning district to another by filing an application with the Department.
(2)
If the property is under multiple ownerships, sixty percent (60%) or more of the owners or their authorized agents shall join in filing the application.
(3)
The Department shall prescribe the form in which applications for changes of zoning districts are made, and shall prescribe the type of data and information to be provided by the petitioner to assist in determining the validity of the request.
(4)
No application shall be accepted unless it is full and complete and complies with this chapter.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.86.030 Application filing, processing, and review.
If initiated by a property owner(s), the amendment application shall comply with the following:
A.
Filing. An application for an amendment, together with the required fee in compliance with the City’s Fee Schedule, shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).
B.
Contents. The application shall be accompanied by detailed data/materials identified in the Department handout for amendment applications.
C.
Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
D.
Notice and hearings.
1.
Public hearings shall be required for the Commission’s recommendation and the Council’s action on an amendment.
2.
The public hearings shall be scheduled once the Director has determined the application complete in compliance with Section 9.50.070 (Initial application review).
3.
Noticing of the public hearings shall be given in compliance with Chapter 88 of this title (Public Hearings).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.86.040 Commission’s action on amendments.
The Commission shall make a written recommendation to the Council on the proposed amendment whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in Section 9.86.060 (Findings and decision).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.86.050 Council’s action on amendments.
A.
Action of Council. Upon receipt of the Commission’s recommendation, the Council may approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in Section 9.86.060 (Findings and decision).
B.
Referral to Commission. Any substantial change(s) to the amendment that were not considered by the Commission shall be referred to the Commission for its recommendation, in compliance with State law (Government Code Sections 65356 (General Plan amendments) and 65857 (Development Code and Zone Map amendments)).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.86.060 Findings and decision.
A.
Findings for General Plan amendments. An amendment to the General Plan may be approved only if all of the following findings are made:
1.
The proposed amendment is internally consistent with the goals, policies, and actions of the General Plan;
2.
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City; and
3.
If applicable, the parcel is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated project.
4.
There is a compelling reason for the amendment.
B.
Findings for Development Code and Zone Map amendments. An amendment to this Development Code or the Zone Map may be approved only if the review authority first makes the following findings, as applicable to the type of amendment.
1.
Findings required for all Development Code and Zone Map amendments:
a.
The proposed amendment is consistent with the goals, policies, and actions of the General Plan; and
b.
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
2.
Additional finding for Development Code amendments. The proposed amendment is internally consistent with other applicable provisions of this Development Code.
3.
Additional finding for Zone Map amendments. The parcel is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/projects.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.86.070 Prezoning.
A.
Applicability.
1.
An unincorporated property within the City’s sphere of influence may be prezoned for the purpose of determining the zoning that would apply to the property in the event of subsequent annexation to the City.
2.
A prezoning shall be accomplished by ordinance, and shall be initiated, processed, and approved or disapproved in the same manner as provided for Zone Map amendments for property located within the City.
3.
Upon the effective date of annexation of property which has been prezoned in compliance with this section, the zoning designation shall become the official zoning designation for the property and shall be so designated on the Zone Map.
4.
A prezoning designation may be withdrawn or changed in the same manner and under the same procedures required for establishing the prezoning designation.
B.
Commission’s action on prezoning. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed prezoning, based on the findings contained in Section 9.86.060 (Findings and decision).
C.
Council’s action on prezoning.
1.
Upon receipt of the Commission’s recommendation, the Council shall approve, approve in modified form, or disapprove the proposed prezoning based on the findings contained in Section 9.86.060 (Findings and decision).
2.
If the Council proposes to adopt a substantial modification to the prezoning not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation, in compliance with State law (Government Code Section 65857).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.88.010 Purpose of chapter.
The purpose of this chapter is to specify procedures for hearings before the Director, Commission, and Council.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.88.020 Notice of hearing.
When an amendment, appeal, permit, approval, or other matter requires a public hearing, the public shall be provided notice of the hearing(s) in compliance with State law (Government Code Sections 65090, 65091 and 65094 and Public Resources Code Section 21000 et seq.).
A.
Notice of a public hearing shall include:
1.
The date, time, and place of the hearing, the name of the hearing body, and the phone number and street address of the Department where an interested person may call or visit to receive additional information;
2.
A general explanation of the matter to be considered and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing;
3.
A statement that persons wishing to be heard on the matter may attend and be heard;
4.
If a proposed negative declaration or environmental impact report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the notice shall include a statement that the hearing body shall also consider approval of the proposed negative declaration or certification of the final environmental impact report; and
5.
In general, the hearing date shall be set by the Director for not less than ten (10) days or more than forty (40) days after the application has been deemed complete in compliance with Section 9.50.070 (Initial application review). These time frames may be extended to comply with State and/or Federal requirements, including environmental studies.
B.
Giving of notice. Notice of a public hearing required by this chapter for an amendment, appeal, approval, or permit shall be given as follows, as required by State law:
1.
Mailed notice.
a.
Notice shall be mailed, or delivered, at least ten (10) days before the hearing and in compliance with the requirements of the California Environmental Quality Act (CEQA). If mailed, the notice shall be transmitted through the United States mails with postage prepaid, to all of the following:
(1)
The owner(s) of the property being considered or the owner’s agent, and the applicant(s);
(2)
Each local agency expected to provide schools, water, 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 as shown on the County’s latest equalized assessment roll located within a three-hundred-foot (300') or greater radius of the exterior boundaries of the subject parcel. The actual radius used for this purpose shall be in compliance with established Council policy and the minimum radius shall be expanded to include a minimum of twenty-five (25) property owners; and
(4)
Any person who has filed a written request for notice with the Director and has paid the fee established by the City’s Fee Resolution for the notice.
b.
The minimum radius used for this purpose shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of the neighboring parcels.
2.
Published notice. Notice shall be published at least once in a local newspaper of general circulation within the City in compliance with subsection (B)(1)(a) of this section.
C.
Alternative notice. If the number of property owners to whom notice would be mailed is more than one thousand (1,000), the Director may choose to provide the alternative notice allowed by State law (Government Code Section 65091(a)(4)).
D.
Additional notice. In addition to the types of notice required by subsections B and C of this section, the Director may provide additional notice with content or using a distribution method as the Director determines to be necessary or desirable (e.g., use of a greater radius for notice, on the City’s website, etc.).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.88.030 Hearing procedure.
A.
Date, time, and place. Hearings shall be held at the date, time, and place for which notice has been given in compliance with this chapter.
B.
Summary minutes. The summary minutes shall be prepared and made part of the permanent case file.
C.
Any hearing may be continued.
1.
If a hearing is not completed on the scheduled day, the review authority, before the adjournment or recess of the hearing, may continue the hearing by publicly announcing at the hearing the date, time, and place to which the hearing will be continued.
2.
Additional notice for the continued hearing to a specific date shall not be required.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.88.040 Director’s decision.
A.
Announce decision.
1.
The Director shall announce and record the decision within ten (10) days after the conclusion of the scheduled public hearing.
2.
The decision shall contain the action of the Director, including all findings, conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any effects and protect the health, safety, and welfare of the City.
B.
Decision shall be final. The decision of the Director shall be final unless referred or appealed to the Commission, in compliance with Chapter 90 of this title (Appeals).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.88.050 Commission’s decision.
A.
Announce decision.
1.
The Commission shall announce and record the decision after the conclusion of the scheduled public hearing.
2.
The decision shall contain the action of the Commission, including all findings, conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any effects and protect the health, safety, and welfare of the City.
B.
Decision shall be final. The decision of the Commission shall be final unless appealed to the Council, in compliance with Chapter 90 of this title (Appeals).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.88.060 Recommendation by Commission.
At the conclusion of a public hearing on a proposed adoption or amendment of a development agreement, this Development Code, the General Plan, a specific plan, or the Zone Map, the Commission shall forward a written recommendation, including all required findings, to the Council for final action.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.88.070 Council’s decision.
A.
Announce decision.
1.
The Council shall announce and record its decision after the conclusion of the scheduled public hearing.
2.
The decision shall contain the action of the Council, including all findings, conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any effects and protect the health, safety, and welfare of the City.
B.
Decision shall be final. The decision of the Council shall be final, unless subjected to further legal action in compliance with State and Federal law.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.88.080 Mailing of notice.
Following each 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, Ord. 14-13, eff. October 8, 2014)
§ 9.90.010 Purpose of chapter.
The purpose of this chapter is to provide procedures for filing of appeals by any interested person of the determinations or the decisions of the Director or Commission.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.90.020 Appeal of decisions.
Determinations and decisions that may be appealed, and the authority to act on an appeal, shall be as follows, unless otherwise specified in the governing chapter or section:
A.
Director. Any determination or decision rendered by the Director may be appealed to the Commission.
B.
Commission appeals.
1.
Any decision rendered by the Commission may be appealed to the Council.
2.
The Commission may appeal any determination or decision rendered by the Director, by an affirmative vote of a majority of its members.
3.
Once the vote to appeal is passed by a majority, the matter shall be set for hearing by the Director.
C.
Council considerations.
1.
The Council may appeal any decision rendered by the Director or the Commission.
2.
An affirmative vote of a majority of its members is required to appeal the Director’s decision or the Commission’s decision.
3.
Once the vote to appeal is passed by a majority, the matter shall be set for hearing by the City Clerk.
4.
The decision of the Council shall be final and shall become effective upon adoption of the resolution by the Council.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 7 (Att. G), Ord. 21-06, eff. December 1, 2021)
§ 9.90.030 Filing and processing of appeals.
A.
Applications.
1.
Appeals shall be in writing on a form obtained from the Department.
2.
The appellant shall state the specific reasons for the basis of the appeal.
3.
Appeal applications shall include the required fee, in compliance with the City’s Fee Schedule.
B.
Department staff or Director. An appeal of a determination or decision of the Director shall be filed in writing with the Department within fifteen (15) working days following the date of the final action for which the appeal is made.
C.
Commission. An appeal of a Commission decision shall be filed in writing with the Department within fifteen (15) working days following the date of the final action for which the appeal is made.
D.
Last day to file. If the last day to file an appeal falls on a legal holiday recognized by the City or on a Saturday or Sunday, the following business day shall be deemed the last day to file the appeal.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.90.040 Appeals to the Commission or Council.
A.
Notice of appeal.
1.
Public notice of an appeal to the Commission or Council shall be given in the same manner in which the original notice was given, or as otherwise specified in the governing chapter or section.
2.
The appeal hearing date shall be set by the Director (for a Commission hearing) or by the City Clerk (for a Council hearing) and shall be held not less than ten (10) days or more than forty (40) days after the expiration date for the filing of the appeal.
B.
Delay of proceedings. The filing of an appeal shall suspend all proceedings associated with the matter subject to the appeal (e.g., issuance of a building or grading permit, etc.), pending the City’s final action on the appeal.
C.
Joining an appeal.
1.
Only those persons who file an appeal within the fifteen (15) day appeal period in compliance with Section 9.90.030 (Filing and processing of appeals) shall be considered appellants of the matter under appeal.
2.
Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with Section 9.90.030 (Filing and processing of appeals).
3.
A person(s) shall not be allowed to join an appeal after expiration of the fifteen (15) day appeal period.
D.
Appeal to be treated as a new hearing. The appeal hearing shall be considered a new hearing and the review authority may consider any issue(s) associated with the appeal, in addition to the specific grounds for the appeal.
1.
When reviewing an appeal, the review authority may:
a.
By resolution, affirm, affirm in part, or reverse the action, the determination, or decision that is the subject of the appeal;
b.
Adopt additional conditions of approval deemed reasonable and necessary, and may even address issues or concerns that go beyond the subject of the appeal; or
c.
Disapprove the permit or approval granted by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval.
2.
If new or different evidence is presented on appeal, the Commission or Council may, but shall not be required to, refer the matter to the Director or Commission, as applicable, for further consideration.
E.
Adoption of findings.
1.
When reviewing an appeal the review authority shall adopt findings in support of the intended action on the appeal.
2.
The nature of the findings shall be in compliance with the findings adopted by the original review authority (e.g., Conditional Use Permits, Chapter 64 of this title; and Variances/Minor Deviations, Chapter 68 of this title, etc.).
F.
Mailing of decision. The Director or City Clerk, as applicable to the level of review authority, shall mail a copy of the decision to the appellant and the applicant (if not the appellant), within fifteen (15) days after the date the decision is rendered.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 7 (Att. G), Ord. 21-06, eff. December 1, 2021)
§ 9.90.050 Calls for review by Council.
A.
Actions by Director or Commission. Some planning, zoning, and development matters, absent an appeal by an interested person, become final upon action by the Director or Commission, in compliance with Table 5-1 (Section 9.50.040, Authority for land use and zoning decisions).
B.
Review by policy-makers desired. When these matters involve broad policy, interpretation of City policy, or are of significant community interest, the Council, as the policy-maker for the City, should have the opportunity to review those matters.
C.
Council authority to call for review. This section provides the authority of the Council to review planning, zoning, and development matters of broad policy, interpretations of City policies, or significant community interest, by which the Council may call for review of a decision of the Director or Commission.
D.
Presumption of policy or significant community interest.
1.
In calling for a review of a Director or Commission decision, in compliance with this section, a Councilmember shall not be deemed to have taken a position on the matter.
2.
It shall be presumed that the Councilmember has determined that as a matter of policy, or because of a question of interpretation of City policy, or because of a significant community interest, the Council should hear and have the opportunity to consider the matter.
E.
Call for review.
1.
Any member of the Council may call for a Council review of a Director or Commission decision concerning planning, zoning, or development matters that routinely come before the Director or Commission, in compliance with Table 5-1 (Section 9.50.040, Authority for land use and zoning decisions).
2.
A call for review shall be filed by a member of the Council with the City Clerk.
3.
No reasons need be stated for the requested review and no fee shall be required.
F.
Time limits to call for review. The time within which a Councilmember may call for review of a decision shall be the same time within which an applicant or interested person could have appealed the decision of the Director or Commission to the Council, in compliance with Section 9.90.030 (Filing and processing of appeals).
G.
Effect of call for review. The filing of a call for review shall have the same effect as the filing of an appeal by an applicant or interested person in that the Council shall obtain jurisdiction of the matter and the decision of the Director or Commission shall be suspended pending a hearing and decision by the Council, in compliance with Section 9.90.040(B) (Delay of proceedings).
H.
Public hearing required.
1.
The Council shall hold a public hearing within the same time period in which the Council may hear an appeal of a Director or Commission decision.
2.
Notice of the hearing shall be given in the same manner that notice of a hearing upon an appeal by an applicant or interested person would be provided.
I.
Conduct of hearings.
1.
Hearings shall be conducted in the same manner by which appeals of applicants and interested persons are conducted, in compliance with subsections D (Appeal to be treated as a new hearing) and E (Adoption of findings) of this section.
2.
All decisions of the Council shall be issued in the same manner as decisions after an appeal by an applicant or an interested person would be issued, in compliance with subsection F of this section (Mailing of decision).
J.
Presumption of impartiality. Under State law, it shall be presumed that:
1.
Official duty has been regularly performed and that a public officer will act properly;
2.
A Councilmember who files a call for review is impartial and may participate in the hearing on the matter being called for review; and
3.
The matter being called for review involves a matter of broad policy, interpretation of City policy, or significant community interest that should be resolved by the Council.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.90.060 Effective date of appealed actions.
A.
Director. A determination or decision of the Director appealed to the Commission shall not become final unless and until a decision is made by the Commission.
B.
Commission. A decision of the Commission appealed to the Council shall not become final unless and until a decision is made by the Council.
C.
Council’s decision is final. The Council’s decision shall be considered final.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.92.010 Purpose of chapter.
The purpose of this chapter is to ensure that enforcement of the provisions of this Development Code and any permits and approvals granted by the City shall be diligently pursued in order to provide for their effective administration, to secure compliance with any conditions of approval, to promote the City’s planning efforts, and for the protection of the public health, safety, and welfare of the City.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.92.020 Responsibility.
A.
Director shall be responsible. The Director and designated code enforcement officers shall be responsible for enforcing the provisions of this Development Code and any conditions imposed on land use permits or approvals (e.g., conditional use permits, planned development permits, etc.) granted by the City and allowed under this Development Code.
B.
Public nuisance. Any use, structure, or property which is altered, enlarged, erected, established, maintained, moved, or operated, contrary to the provisions of the Municipal Code, including this Development Code and other related ordinances of the City, or any applicable condition of approval, is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties identified in Chapters 28 and 29 of Title 5, the revocation and modification procedures identified in Section 9.92.060 (Revocation and modifications), and/or any other applicable ordinance which contains enforcement provisions and remedies.
C.
Deemed void. Any certificate, license, permit, or other approval issued in conflict with this Development Code shall be deemed void.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.92.030 Violations.
A.
Violation and penalties.
1.
Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating any provision of this Development Code, or any applicable condition of approval, is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than one thousand and no/100ths dollars ($1,000.00) or by imprisonment in the Fresno County jail for a term not exceeding six (6) months, or by both the fine and imprisonment.
2.
The City Attorney may reduce the charges to an infraction in compliance with Chapter 2 of Title 1 (Penalty Provisions).
B.
Guilty of a separate offense. A person, firm, or corporation is deemed guilty of a separate offense for each and every day during any portion of which any violation of this Development Code, or any applicable condition of approval, is committed, continued, or allowed by the person, firm, or corporation, and shall be punishable as provided in this chapter.
C.
Stop work order.
1.
Construction in violation of the Municipal Code, including this Development Code and other related ordinances of the City, or any applicable condition of approval imposed on a permit or approval, shall be subject to the issuance of a “Stop Work Order.”
2.
A violation of a stop work order shall constitute a misdemeanor.
D.
Civil suit brought by City. In addition to any other remedy provided in this chapter, this Development Code, or the Municipal Code, any provision of this chapter may be enforced by injunction issued by the courts upon a civil suit brought by the City.
E.
Administrative citations. In addition to any other remedy provided in this chapter, this Development Code, or the Municipal Code, any provision of this chapter may be enforced by issuance of administrative citations, in compliance with Chapter 7 of Title 1 (Administrative Citations).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.92.040 Remedies are cumulative.
A.
Cumulative and not exclusive. The remedies available to the City for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of City, County, State, or Federal law.
B.
Use of available methods. The City may use any available method to enforce the provisions of this Development Code.
C.
Remedies to correct the violation(s). If a person is found guilty and convicted of a misdemeanor for a violation of any provision of this Development Code, the conviction shall not prevent the City from pursuing any other available remedies to correct the violation(s).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.92.050 Inspections.
A.
Inspections before decision. Every applicant seeking a permit or approval or any other action in compliance with this Development Code shall allow the City official handling the application access to any premises or property which is the subject of the application, and the City official shall make the inspections as deemed necessary from time to time throughout the application process.
B.
Inspections following decision. If the permit or approval is approved, the owner or applicant shall allow appropriate City officials access to the premises in order to determine continued compliance with the permit or approval and/or any conditions imposed by the review authority.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.92.060 Revocation and modifications.
A.
Purpose of section. The purpose of this section is to identify procedures for securing revocation or modifications of previously granted permits and approvals under this Development Code.
B.
Effect of revocation. The City’s action to revoke permits and approvals shall have the effect of terminating the permits or approvals and disapproving the privileges granted by the original approval.
C.
Effect of modification.
1.
The City’s action to modify a permit or approval, rather than to revoke it, shall have the effect of changing the operational aspects of the permit or approval.
2.
The changes may include the operational aspects related to buffers, duration of the permit or approval, hours of operation, landscaping and maintenance, lighting, noise, odors, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, and similar aspects.
D.
Public hearing required. The applicable review authority shall hold a public hearing to revoke or modify any permit or approval granted in compliance with the provisions of this Development Code.
E.
Ten (10) day notice. Not less than ten (10) days before the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the permit or approval was granted.
F.
Temporary use permit exception. The only exception to this notice requirement shall be for temporary use permits, which only require a twenty-four (24) hour notice to the applicant.
G.
Notice deemed delivered. Notice shall be deemed delivered on the date of delivery if personally delivered, or two (2) days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County, and/or the project applicant.
H.
Certificates, licenses, permits, or other approvals. A certificate, license, permit, or other approval may be revoked or modified by the review authority (e.g., Director, Commission, or Council) which originally granted the permit or approval, or the equivalent City review authority, for permits or approvals originally granted under the County’s authority, if any one of the following findings is made:
1.
Circumstances under which the permit or approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit or approval can no longer be made in a positive manner, and the public convenience, health, interest, safety, or welfare require the revocation;
2.
The permit or approval was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval;
3.
One or more of the conditions of the permit or approval have not been substantially fulfilled or have been violated; or
4.
The improvement/use authorized in compliance with the permit or approval:
a.
Is in violation of a code, law, ordinance, regulation, or statute of the City, State, or Federal governments whether now existing or subsequently enacted;
b.
Operates in a manner that constitutes or is creating a public nuisance; or
c.
Has ceased operation or has been abandoned (discontinued) in compliance with Chapter 84 of this title (Nonconforming Uses, Structures, and Parcels).
I.
Variances/minor deviations. A variance/minor deviation may be revoked or modified by the review authority which originally granted the permit or approval, or the equivalent City review authority, for permits or approvals originally granted under the County’s authority, if any one of the following findings is made:
1.
Circumstances under which the approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, the public convenience, health, interest, safety, or welfare require the revocation, and the grantee has not substantially exercised the rights granted by the variance/minor deviation; or
2.
One or more of the conditions of the variance/minor deviation have not been substantially fulfilled or have been violated.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.92.070 Enforcement action and legal remedies.
Except as specifically provided in this chapter, the enforcement procedures and remedies set forth in the Municipal Code shall apply to violations of this Development Code, including:
Chapter 2 of Title 1, Penalty Provisions.
Chapter 7 of Title 1, Administrative Citations.
Chapter 27 of Title 5, Nuisances.
Chapter 28 of Title 5, Abatement, Appeals and Administrative Hearings.
Chapter 29 of Title 5, Cost Recovery and Penalties.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.92.080 Additional permit processing fees.
A person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves a structure without first obtaining a permit or approval required by this Development Code, shall pay as a penalty an additional processing fee for the correction of the violation(s), before being granted a permit or approval for a use or structure on the subject parcel. The additional processing fee shall be as follows, not to exceed one thousand and no/100ths dollars ($1,000.00) for each work requiring a permit:
First time by the same permittee: a fee equal to the amount of the permit fee required for the work.
Second time by the same permittee: a fee equal to twice the amount of the permit fee required for the work.
Third time by the same permittee: a fee equal to three (3) times the amount of the permit fee required for the work.
Fourth time by the same permittee: a fee equal to four (4) times the amount of the permit fee required for the work.
Fifth time by the same permittee: a fee equal to five (5) times the amount of the permit fee required for the work.
Sixth and subsequent time by the same permittee: a fee equal to six (6) times the amount of the permit fee required for the work and so on to a maximum of a ten (10) times the permit fee.
Payment of the additional processing fee shall not exempt an applicant from compliance with the provisions of this Development Code or any other provisions of the Municipal Code, nor from fines and penalties arising out of an enforcement action.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.92.090 Reinspection fees.
A.
Amount and applicability of reinspection fee.
1.
A reinspection fee shall be imposed on each person who receives a Notice and Order or letter of correction of any provision of the Municipal Code, adopted Building Code, or State law.
a.
The fee amount shall be established by the City’s Fee Schedule.
b.
The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.
B.
Continuation of the original case.
1.
If a notice or letter has been previously issued for the same violation(s) and the property has been in compliance with the provisions of the Municipal Code, including this Development Code and other related ordinances of the City, for less than six (6) months, the violation(s) shall be deemed a continuation of the original case and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.
2.
This fee is intended to compensate for administrative costs for unnecessary City inspections, and not as a penalty for violating the Municipal Code, including this Development Code and other related ordinances of the City.
3.
Any reinspection fee(s) imposed shall be separate and apart from any fines or penalties imposed for violation of the Municipal Code, or costs incurred by the City for the abatement of a public nuisance.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.94.010 Purpose.
This purpose of this chapter is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (hereafter “Acts”) in the application of zoning laws and other land use regulations, policies, and procedures.
(§ 1 (Att. 3), Ord. 18-19, eff. September 5, 2018)
§ 9.94.020 Applicability.
A.
A request for reasonable accommodation may be made by any person with a disability or their representative when the application of a requirement of this zoning code or other City requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of this chapter, a “person with a disability” is any person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.
B.
A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
C.
A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.
D.
A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.
(§ 1 (Att. 3), Ord. 18-19, eff. September 5, 2018)
§ 9.94.030 Procedure.
A.
A request for reasonable accommodation shall be submitted on an application form provided by Planning and Development Services or in the form of a letter to the Director of Planning and Development Services, and shall contain the following information:
1.
The applicant’s name, address, and telephone number;
2.
Address of the property for which the request is being made;
3.
The current use of the property;
4.
The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;
5.
The zoning code provision, regulation, or policy from which reasonable accommodation is being requested; and
6.
Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
B.
If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review, etc.), then the applicant shall file the information required by subsection A of this section for concurrent review with the application for discretionary approval.
C.
A request for reasonable accommodation shall be reviewed by the Director of Planning and Development Services or his/her designee. If no approval is sought other than the request for reasonable accommodation, the Director or his/her designee shall make a written determination within forty-five (45) days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.
D.
A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the approving body (the Director or Planning Commission). The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Director or Planning Commission in compliance with the applicable review procedure for the discretionary review.
(§ 1 (Att. 3), Ord. 18-19, eff. September 5, 2018)
§ 9.94.040 Approval findings.
The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:
A.
Whether the housing in the request will be used by a person with a disability under the Acts;
B.
Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts;
C.
Whether the requested reasonable accommodation would impose an undue financial, administrative or enforcement burden on the City;
D.
Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning;
E.
Potential impact on surrounding uses;
F.
Physical attributes of the property and structures; and
G.
Other reasonable accommodations that may provide an equivalent level of benefit.
(§ 1 (Att. 3), Ord. 18-19, eff. September 5, 2018)
§ 9.94.050 Conditions of approval.
In granting a request for reasonable accommodation, the Director of Planning and Development Services or his/her designee, or the Planning Commission as the case might be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.
(§ 1 (Att. 3), Ord. 18-19, eff. September 5, 2018)
§ 9.94.060 Appeals.
A.
Any person dissatisfied with any action of the Director of Planning and Development Services pertaining to this chapter may appeal to the Planning Commission within ten (10) days after written notice of the Director’s decision is sent to the applicant. The appeal is taken by filing a written notice of appeal with the Director of Planning and Development Services and shall specify the reasons for the appeal and the grounds asserted for relief.
B.
Any person dissatisfied with any action of the Planning Commission pertaining to this chapter may appeal to the City Council within ten (10) days after the rendition of the decision of the Planning Commission. The appeal is taken by filing a written notice of appeal with the Director of Planning and Development Services and shall specify the reasons for the appeal and the grounds asserted for relief.
C.
The City Council shall, by resolution, adopt and from time to time amend a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed has been paid.
D.
If an appeal is not filed within the time or in the manner prescribed in this section, the right to review of the action against which the complaint is made shall be deemed to have been waived.
E.
After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of hearing shall be given to the appellant, and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least ten (10) days prior to the hearing.
F.
The Planning Commission or City Council shall review de novo the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.
G.
At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof, shall be provided to the appellant and the project applicant.
(§ 1 (Att. 3), Ord. 18-19, eff. September 5, 2018)
§ 9.96.010 Timely public comments.
Comments from the public and interested agencies on discretionary land use entitlements are welcome and strongly encouraged. In order to provide proper consideration of public comments, any written comments should be submitted not less than five (5) calendar days before the scheduled public hearing. Written comments and documents submitted after that time, unless also within the noticed public review period, including comments and documents submitted the day of the public hearing, will be considered at the discretion of the reviewing body. If considered, the late comments, including any response thereto, shall be given the weight they are due. Factors to consider in evaluating whether and how to respond to late comments include, but are not limited to:
A.
Time period provided for public review.
B.
Accuracy of public hearing notice.
C.
Level of detail in comments.
D.
Explanation of relevance of comments and documents.
E.
Reasons for failing to comment earlier.
(§ 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)
§ 9.96.020 Comments for Planning Commission meeting.
The Planning Commission serves a vital role in the decision making process. The Commission is a statutorily created reviewing body, codified in the Municipal Code. The Commission may serve as either the final decision maker or as an advisory body to the City Council, depending on the nature of the action taken.
California Government Code Sections 65850 and 65853 provide that the Planning Commission shall consider changes from one zone to another, as well as any regulations affecting the use of land. These include regulations affecting the size and use of lots, building lot coverage, land use intensity, and setback lines. The Commission considers public land uses, including civic centers, parks and public buildings.
Section 9.80.040(C) generally describes the Commission’s duties and authority as follows: the review of development projects, including referrals from the Director; the recommendation to the Council for final decisions on development agreements, Development Code amendments, General Plan amendments, interpretations, specific plans, Zone Map amendments, and other applicable policy or Development Code matters related to the City’s planning process; and review for compliance with the California Environmental Quality Act.
Given the critical role the Planning Commission serves in land use decision making, it is very important that individuals, entities, and public agencies wishing to comment on a land use project provide those comments to the Planning Commission, even if the Planning Commission’s action is only a recommendation to the City Council or is final but appealable to the City Council.
In that regard, those persons, entities, and public agencies who submit written comments and documents for the first time at the City Council meeting, when they had an opportunity to present those comments and documents before the Planning Commission, shall be treated as late comments subject to consideration in accordance with Section 9.96.010. Otherwise, the role of the Planning Commission is usurped.
(§ 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)
§ 9.96.030 Comments for City Council meeting.
Persons, entities, and public agencies submitting written comments and documents at the City Council public hearing shall be considered in accordance with the provisions of Section 9.96.010. Written comments and documents submitted for the first time at the City Council meeting, when the commenter had an opportunity to present those comments and documents before the Planning Commission, shall be subject to the provisions of Section 9.96.020. The City Council may also refer the matter back to the Planning Commission for consideration.
(§ 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)
§ 9.96.040 Close of public hearing: Continuances.
Nothing in this chapter shall prevent the Planning Commission or City Council from closing the public hearing and continuing the action item in order to respond to oral or written comments and documents received. After the close of the public hearing, no new substantive oral or written comments or documents shall be submitted. In the event any such comments or documents are submitted, they shall be noted as received, and shall be considered solely at the discretion of the reviewing body.
An exception to this rule shall exist if the reviewing body agrees to consider new substantive evidence not previously in the record. Any public comments under this exception shall be limited to the new substantive evidence.
(§ 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)
