To ensure that each new or expanded use of a structure or site, and each new structure or alteration of an existing structure complies with all applicable provisions of this title, and in order that the town may have a record of each new or expanded use of a structure or site, a certificate of occupancy shall be required before any structure or site may be occupied or used.

No structure erected, moved, altered or enlarged after the effective date of the ordinance codified in this title shall be occupied or used, and no site shall be initially occupied or used after the effective date of the ordinance codified in this title, until a certificate of occupancy has been issued by the planning director.

(Ord. 785 § 3(b) (part), 1994)

Application for certificate of occupancy shall be filed with the planning department prior to the erection, moving, alteration or enlargement of any structure and prior to the commencement of a new use or a change in use of any structure or site.

(Ord. 785 § 3(b) (part), 1994)

The planning director shall issue a certificate of occupancy upon receipt of a written notice that the structure or site is ready for occupancy or use and after the structure or site has been inspected; provided, that the structure or site and the intended use thereof conform with the regulations for the district in which it is located and all other applicable provisions of this title and all other applicable laws and regulations enforced by the town.

(Ord. 785 § 3(b) (part), 1994)

Where the provisions of this title require that a public hearing be held pursuant to this section, notice of the date, time, place and hearing body of such hearing, including a general description of the matter to be considered and location to be affected, shall be given. Notice shall be given not fewer than ten days nor more than thirty days prior to the date of hearing, or as otherwise consistent with the requirements of state law. The notice shall be posted in at least three public places in the town, and by notice through the United States mail with postage prepaid to all persons shown on the last equalized assessment roll of the county as owning real property within three hundred feet of the property which is the subject of the hearing. Notice shall also be given by first class mail to any person who has filed a written request therefor.

In the event that the number of owners to whom notice would be sent is greater than one thousand the town may provide notice at least ten days prior to the hearing by either of the following procedures:

(1)

By placing a display advertisement of at least one-eighth page in a newspaper having general circulation within the area affected by the proposed project; or

(2)

By placing an insert with any generalized mailing sent by the town to property owners in the area affected by the proposed ordinance or amendment, such as billings for town services.

Such advertisement or mailing insert shall specify the type or magnitude of the changes proposed; the place where copies of the proposed changes may be obtained; the time, date and place of the hearing; and the right to appear and to be heard.

For a general plan amendment, rezoning, prezoning or specific plan, notice shall also be published in a newspaper of general circulation, published and circulated in the town.

In prezoning, in addition to the above, notice shall be posted in at least three public places in the area to be prezoned.

(Ord. 785 § 3(b) (part), 1994)

This title may be amended in accord with the procedures prescribed in this chapter.

(Ord. 785 § 3(b) (part), 1994)

A change of district, or a change in the boundaries of any district, may be initiated by the owner or the authorized agent of the owner of the property within the area, property or site for which a change of district or district boundaries is proposed. If the area, property or site for which a change of district or change of district boundaries is proposed is in more than one ownership, all of the property owners or their authorized agents shall join in filing the application.

Any amendment to this title may be initiated by resolution of the planning commission or by action of the town council in the form of a request to the planning commission that it consider a proposed change; provided, that in either case, the procedure prescribed in Sections 18.36.080 through 18.36.120 shall be followed.

(Ord. 785 § 3(b) (part), 1994)

Where the change of district or district boundaries is initiated by a property owner, property owners or the agent or agents thereof, the application shall be filed with the planning department on the prescribed form which shall include the following data:

(1)

Name and address of the applicant;

(2)

Statement that the applicant is the owner of the property for which the change of district or district boundaries is proposed, or is the authorized agent of the owner;

(3)

Address or description of the property. The application shall be accompanied by an accurate scale drawing of the area, property or site and the surrounding area for a distance of at least five hundred feet from each boundary of the area, property, or site showing the location of streets and property lines.

The application shall be accompanied by the required fee.

(Ord. 785 § 3(b) (part), 1994)

The planning commission shall hold at least one duly noticed public hearing on each application for an amendment to this title. Where the amendment affects the permitted uses of real property in the town, notice of the hearing shall be given as prescribed in Section 18.36.040. Where the amendment does not affect the permitted uses of real property within the town, notice shall be published at least once in a newspaper of general circulation, published and circulated in the town.

At the public hearing, the planning commission shall review the application and the drawings and other documents submitted therewith, and may receive pertinent evidence as to why or how the proposed change is necessary to achieve the objectives of this title.

The planning commission may review proposals for the use of the area, property or site for which a change of district or district boundaries is proposed or plans or drawings showing proposed structures or other improvements. Under the provisions of this title, a change of district or district boundaries may not be made conditionally and the owner of the property is bound only to comply with the regulations prescribed in this title.

(Ord. 785 § 3(b) (part), 1994)

The planning commission shall make a specific finding as to whether the amendment to this title is consistent with the objectives of this title and with adopted general, specific, area and community plans, and master sign programs of the town. If the planning commission finds that the change is consistent, it shall transmit a report in writing to the town council recommending that the application be granted or that the proposal be adopted. If the planning commission finds that the change is not consistent, it shall deny the application or reject the proposal and shall transmit a written report of its action to the town council.

In the case of an application for the addition of a permitted use or a conditional use, or on its own initiative, the planning commission may recommend that a use be added to the list of permitted uses or conditional uses prescribed for any zoning district; provided, that all of the following findings are made:

(1)

Addition of the use to the list will be consistent with the general plan and will be in accord with the purposes of the district in which it is proposed to be added.

(2)

The use will be an appropriate addition to the list because it has the same basic characteristics as other uses listed in the regulations.

(3)

The use will not be detrimental to the public health, safety or welfare.

(4)

The use will not adversely affect the character of any district in which it is proposed.

(5)

The use will not create more vehicular traffic than the volume created by the uses presently on the list.

(6)

The use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount created by the uses presently on the list.

(Ord. 785 § 3(b) (part), 1994)

On receipt of the report of the planning commission, the town council shall review the application and the drawings and other documents submitted therewith, and shall hold a duly noticed public hearing; provided, however, that if the matter under consideration is an amendment to this title that would change property from one zoning district to another, and the planning commission has recommended against the adoption of such amendment, such denial shall be deemed final and the town council shall not be required to hold a public hearing thereon unless an appeal is filed under the provisions of Chapter 18.34, Appeals.

In those instances when it holds a public hearing, the town council may approve, modify or disapprove the recommendation of the planning commission; provided, that any modification of the planning commission's recommendation not previously considered by the planning commission during its hearing is first referred back to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing. Failure of the planning commission to report within forty days after a matter has been remanded to them, or within a longer period designated by the town council, shall be deemed to be approval of the proposed modification.

(Ord. 785 § 3(b) (part), 1994)

A change of a district or district boundaries shall be indicated on the town's zoning map following enactment of an ordinance amending the map.

(Ord. 785 § 3(b) (part), 1994)

Following the denial of an application for a change of district or district boundaries, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application, unless the denial is made without prejudice.

(Ord. 785 § 3(b) (part), 1994)

(a)

For each town project, town staff shall prepare a report ("town project report") containing a detailed project description, including, but not limited to, the following information:

(1)

A description of the proposed town project, including the project's location, its exterior appearance, dimensions, setbacks, height, floor area ratio and any other information deemed relevant to the consideration of the project.

(2)

A project statement describing the project purpose and goals, and the anticipated benefits of the project to the public.

(3)

A description of the operational components of the project, including any hours open for public use, staffing requirements, and other relevant information that supports the functionality of the project.

(4)

The entitlements that this title would require for a similar non-town project, with a list of the findings that each entitlement would require ("zoning criteria").

(5)

An analysis of the project's conformity with the zoning criteria.

(6)

The project's estimated cost.

(7)

A description of any public outreach, public meetings, or other public engagement activities, comments received, and whether and how such comments were incorporated into the town project.

(8)

A staff recommendation or determination regarding the project's environmental impacts, determined in accordance with the California Environmental Quality Act (CEQA) or other applicable law.

(9)

A discussion evaluating, at a minimum:

(A)

The project's benefits;

(B)

The project's ability to meet the zoning criteria;

(C)

The project's potential environmental impacts;

(D)

The project's estimated cost; and

(E)

The ability of the project to address public comments and concerns.

(10)

A statement signed by the department director responsible for the town project, recommending, after evaluation of all the information in subsection (a)(9) above, approval of the project, or a request for determination by the decision-maker specified in Section 18.36.125(d).

(b)

If the planning director determines that the town project involves a significant policy issue or substantial public controversy, the planning director shall forward the town project report to the planning commission for discussion and review. Otherwise, the planning director shall forward the town project report to the decision-maker specified in Section 18.36.125(d). At least ten days prior to forwarding the town project report to the decision-maker as set forth in the prior sentence, notice shall be provided in accordance with the procedures described in Section 18.36.040, however no public hearing shall be held.

(c)

If the town project report is referred to the planning commission, the planning commission shall consider the report at a public meeting, hear and consider public comment, direct staff to make any changes to the report that the commission decides are appropriate and forward the town project report to the decision-maker specified in Section 18.36.125(d) with the planning commission's recommendations as to the project's (1) ability to meet the zoning criteria and (2) potential environmental impacts. Notice of any public meetings held by the planning commission pursuant to this paragraph shall be provided in accordance with the procedures described in Section 18.36.040 for public hearings.

(d)

The town project may be approved if, taken as a whole, it furthers the public interest, is consistent with the town's general plan and complies with requirements under CEQA or other applicable law. The decision-maker shall consider, but is not bound by, the determinations and recommendation set forth in the town project report and any recommendations made by the planning commission, and may also consider any relevant policy consideration whether or not that issue was addressed in the town project report or considered by the planning commission.

(1)

If the project is within the spending authority of the town manager, the town manager or that person's delegee shall review the town project report and any other available information and decide whether to approve the project, approve the project with conditions, or disapprove the project. At least ten days prior to making such decision, notice shall be provided in accordance with the procedures described in Section 18.36.040, however no public hearing shall be held.

(2)

Notwithstanding subsection (9), if the town manager or that person's delegee determines that the project involves a significant policy issue or substantial public controversy, the town manager or delegee may forward the town project report to the planning commission or town council for a determination as set forth in this Section 18.36.125.

(3)

If the project is not within the spending authority of the town manager, or the project is otherwise referred to the town council, the town council shall review the town project report at a public meeting, hear and consider public comment and decide whether to approve the project, approve the project with conditions, disapprove the project, or refer the project to the planning commission for consideration and a recommendation. Notice of any public meetings held by the town council pursuant to this paragraph shall be provided in accordance with the procedures described in Section 18.36.040 for public hearings.

(4)

Any approvals by the town council made under this Section 18.36.125 shall be by resolution.

(Ord. No. 999, § 4.C, 9-15-2020)

The prezoning of unincorporated territory adjoining the town may be initiated by the planning commission on its own motion, or by the town council in the form of a request to the planning commission that it consider the prezoning, or may be initiated by petition of the owner or owners of land in the unincorporated territory proposed to be prezoned to a town zoning district or districts.

All of the provisions of Sections 18.36.070 through 18.36.120 shall apply, except that the ordinance adopted pursuant to the provisions of Section 18.36.100 shall become effective at the same time as annexation of the territory becomes effective.

(Ord. 785 § 3(b) (part), 1994)

Any court action or proceeding to attack, review, set aside, void or annul any decision on matters listed in this title otherwise subject to court review or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless such action or proceeding is commenced within sixty days after the effective date of such decision. Thereafter, all persons are barred from any such action, or proceeding, or any defense of invalidity or unreasonableness of such decisions or of such proceedings, acts or determinations.

(Ord. 813 § 6, 1997: Ord. 785 § 3(b) (part), 1994)

(a)

At the time of submitting an application for a discretionary approval which is the subject of this title, a discretionary approval provided for under the town's general and/or specific plans, approvals under the State Subdivision Map Act (or under the town's subdivision ordinance codified in Title 17 of this code) other than those specified in California Government Code § 66474.9, and/or for environmental clearance under the California Environmental Quality Act, the applicant shall agree, as part of the application, to defend, indemnify, and hold harmless the town and its agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the town or its agents, officers, attorneys or employees to attack, set aside, void, or annul (1) any such approval of the town, or (2) an action taken to provide environmental clearance under the California Environmental Quality Act by its advisory agencies, appeal boards, or town council, which proceeding is brought within the applicable statute of limitations. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the town, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the town and/or the parties initiating or bringing such proceeding. The agreement shall also include a provision obligating the applicant to indemnify the town for all the town's costs, fees, and damages which the town incurs in enforcing the indemnification provisions set forth in this section.

(b)

Also at the time of submitting such an application, the applicant shall agree, as part of the application, to defend, indemnify and hold harmless the town, its agents, officers, employees and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, redrafting, revising, or amending any document (such as an EIR, negative declaration, specific plan, or general plan amendment) if made necessary by said proceeding and if the applicant desires to pursue securing such approvals, after initiation of such proceeding, which are conditioned on the approval of such documents.

(c)

In the event that a proceeding described in subsection (a) of this section, or in Section 18.36.320(a), below, is brought, the town shall promptly notify the applicant of the existence of the proceeding and the town will cooperate fully in the defense of such proceeding. In the event that the applicant is required to defend the town in connection with any said proceeding, the town shall retain the right to (1) approve the counsel to defend the town, (2) approve all significant decisions concerning the matter in which the defense is conducted, and (3) approve any and all settlements, which approval shall not be unreasonably withheld. The town shall also have the right not to participate in said defense, except that the town agrees to cooperate with the applicant in the defense of said proceeding. If the town chooses to have counsel of its own defend any proceeding where the applicant has already retained counsel to defend the town in such matters, the fees and expenses of the counsel selected by the town shall be paid by the town. Notwithstanding the immediately preceding sentence, if the town attorney's office participates in the defense, all town attorney fees and costs shall be paid by the applicant.

(d)

In the event that at the time that this section becomes effective an application for any of the approvals covered by said section has already been deemed complete, there shall be added as a condition to any such approval the obligation of the applicant to indemnify the town in a form with language substantially in conformance with that of Section 18.36.310(a), (b) and (c).

(Ord. 806 § 1, 1996)

Even if the applicant for a discretionary approval described in Section 18.36.310(a) fails or refuses to enter into the agreement specified in Section 18.36.310(a) and (b), that applicant, or the owner of the subject property if different from the applicant, shall:

(a)

Defend, indemnify and hold harmless the town and its agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the town or its agents, officers, attorneys or employees to attack, set aside, void, or annul the town council's (or planning commission's) decision to approve any development or land use permit, license, approval or authorization, including but not limited to approval of, precise plans, preliminary plans, design review, variances, use permits, general plan amendments, zoning amendments, approvals and certifications under CEQA and/or any mitigation monitoring program, but excluding any subdivision approval governed by California Government Code § 66474.9. This indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the town, if any, and cost of suit, attorneys' fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, the town, and/or the parties initiating or bringing such proceeding;

(b)

Defend, indemnify and hold harmless the town, its agents, officers, employees and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as a negative declaration, EIR, specific plan or general plan amendment), if made necessary by said proceeding and if applicant desires to pursue securing such approvals, after initiation of such proceeding, which are conditioned on the approval of such documents;

(c)

Indemnify the town for all the town's costs, fees, and damages which the town incurs in enforcing the indemnification provisions set forth in this section.

(Ord. 806 § 2, 1996)