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Gonzales City Zoning Code

PART 2

ADMINISTRATION

§ 12.12.010 CITY CLERK:

The city clerk shall set hearings and give notices for appeals to be heard by the city council.
(Ord. 2000-03, 8-7-2000)

§ 12.12.020 CITY ENGINEER/PUBLIC WORKS DIRECTOR:

The city engineer/public works director shall:
A. 
Prescribe standards for driveway construction.
B. 
Prescribe standards for surfacing and draining of parking lots.
C. 
Determine correct traffic flow markings for parking lots.
(Ord. 2000-03, 8-7-2000)

§ 12.12.030 BUILDING OFFICIAL/FIRE MARSHAL:

The building official/fire marshal shall:
A. 
Determine estimated cost to replace nonconforming buildings.
B. 
Determine the value of destroyed nonconforming buildings.
C. 
Determine applications for exception from enclosure requirements for swimming pools.
D. 
Enforce all regulations regarding enclosure of swimming pools.
E. 
Determine when a structure poses an imminent safety hazard.
(Ord. 2000-03, 8-7-2000)

§ 12.12.040 POLICE CHIEF:

The police chief shall issue permits for signs in conjunction with issuance of special events permits.
(Ord. 2000-03, 8-7-2000)

§ 12.12.050 CITY MANAGER:

The city manager shall hold administrative hearings or designate a hearing officer for such hearings as provided by this title.
(Ord. 2000-03, 8-7-2000)

§ 12.12.060 PLANNING COMMISSION: [1]

The planning commission:
A. 
May initiate general plan amendments and specific plans or amendments.
B. 
Hears and recommends all proposals for adoption and amendment of the general plan.
C. 
Hears and recommends all proposals for adoption and amendment of specific plans.
D. 
May initiate zone changes and amendments to this title.
E. 
Hears and recommends proposals for zone changes, prezonings, and amendments to this title, including those referred to it by the city council.
F. 
Determines whether to hear applications for rezoning made within one year of a similar application.
G. 
Determines variance applications.
H. 
Determines conditional use permit applications.
I. 
Determines time extension when it would have had the power to grant the original approval.
J. 
Determines matters referred to it by the planning director.
K. 
Hears appeals from decisions of the planning director.
L. 
Determines when permitted deviations from the standards of this title shall apply.
M. 
Performs any functions required by statute or ordinance but not specifically assigned by this title.
N. 
Determines whether a nonconforming use is no longer lawful.
O. 
Determine and issue zoning approval for minor subdivisions of land consisting of four (4) lots or less.
(Ord. 2001-13, 11-19-2001; Ord. 2000-03, 8-7-2000)
[1]
See also section 12.04.130 of this title.

§ 12.12.070 CITY COUNCIL:

The city council:
A. 
May initiate and refer general plan amendments and specific plans or amendments to the planning commission for recommendation.
B. 
Hears and determines planning commission recommendations for the adoption or amendment of the general plan or any specific plans.
C. 
Adopts ordinances.
D. 
May initiate and refer zone changes and amendments to this title to the planning commission for recommendation. Nonsubstantive ordinance amendments may, but need not be, referred to the planning commission.
E. 
Hears appeals from the decisions of the planning commission.
F. 
Determines applications for permits for signs on public property, including, but not limited to, community oriented bulletin boards and kiosks.
(Ord. 2000-03, 8-7-2000)

§ 12.12.080 PLANNING DIRECTOR:

The planning director:
A. 
Prescribes all forms and contents of applications.
B. 
Keeps all records of the planning commission, project review committee, planning director and planning department work, except records transmitted to the city council and retained by the city clerk.
C. 
Investigates applications.
D. 
Gives all notices except notices of proceedings of the city council.
E. 
Prepares project review committee and planning commission agendas, sets project review committee and planning commission hearing dates (subject to the requirements of this title) and establishes filing deadlines.
F. 
Issues permits for site plan approval, home occupations, game machines and game arcades as provided for by this title.
G. 
Determines revocations or modifications of site plan approvals, home occupation permits, game machines and game arcades.
H. 
May refer any matter assigned by ordinance to the planning commission for decision.
I. 
Determines applications for sign approval when action is not required of the council or planning commission.
J. 
Where action is based on an application or notice of appeal, prepares a written notification of all determinations, except determinations by the council, and sends the notifications to all applicants and appellants.
K. 
Prepares and sends notifications required by statute to the county assessor.
L. 
Notifies applicants of hearings.
M. 
Corrects the zoning map.
N. 
Reviews applications for construction permits for ordinance compliance.
O. 
Determines parking requirements for uses whose parking requirements are not specified.
P. 
Chairs the project review committee.
Q. 
Assists in the writing of ordinances.
R. 
Determines whether lots have merged.
S. 
Prepares written staff reports on project applications or other matters as required by this title or as directed by the city manager.
T. 
Makes presentations to the planning commission, city council and other groups as required.
(Ord. 2001-13, 11-19-2001)

§ 12.16.010 GENERAL SUBMITTAL REQUIREMENTS:

Any person may apply to the planning department, in writing, for approval of a site plan permit, use permit, rezone permit, variance, or temporary land permit. Such application shall be on a form prescribed for that purpose by the planning director and, if not submitted by the owners of the relevant property, shall include the written consent of the owner of the property on which the use is to be located. The application shall be accompanied by a fee, as specified by resolution as well as documentation, as specified by the planning director, indicating the details of the proposed, new, or expanded use of a site and each new or expanded structure.
(Ord. 2000-03, 8-7-2000)

§ 12.16.020 NOTICE OF HEARING:

Notice of the time and place of hearing upon a use permit or variance application by the planning commission or by the city council shall be given at least ten (10) calendar days before the hearing in the following manner:
A. 
By publication of the notice at least one time in a newspaper published in Monterey County and circulated in the city; and
B. 
By mailing the notice, postage prepaid, to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet (300') of the property which is the subject of proposed use permit or variance.
(Ord. 2001-13, 11-19-2001)

§ 12.16.030 WITHDRAWAL OF APPLICATION:

An applicant may withdraw his/her application within fifteen (15) calendar days of submittal and receive a refund of any unexpended portion of the application fee. Any refund of application fees for an application withdrawn later than fifteen (15) calendar days after the date of submittal will be made at the discretion of the planning director.
(Ord. 2000-03, 8-7-2000)

§ 12.16.040 PERMIT EXPIRATION:

All approvals granted pursuant to this title shall expire one year from the date of approval, except those established by ordinance, and those kept valid by issuance and continuation of a building permit. This section shall not apply to final subdivision maps or plats. The planning commission or city council may extend an approval for a period not to exceed eighteen (18) months.
(Ord. 2000-03, 8-7-2000)

§ 12.16.050 REVOCATION OF PERMITS:

Any site plan permit, use permit, variance, or temporary land permit granted in accordance with the provisions of this title may be revoked by the deciding body in the manner hereinafter set forth if the said permit or variance is exercised in violation of the conditions or the terms under which such permit or variance is granted, or if the following findings are made:
A. 
Permits: In connection with site plan permits, use permits, and temporary land permits that the continuance of the use would be detrimental to the health, safety, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city.
B. 
Variances: In connection with variances, that continued relief from the strict application of the terms of this title would be detrimental to the health, safety, comfort or general welfare of persons residing or working in the neighborhood of the subject property, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city.
(Ord. 2001-13, 11-19-2001)

§ 12.16.060 REVOCATION HEARING; NOTICE TO OWNER:

Before the deciding body considers the revocation of a site plan permit, use permit, variance, or temporary land permit, it shall hold a public hearing thereon, notice of which shall be served on the owner of the subject property at least ten (10) days prior to the date of the hearing, either personally or by registered or certified mail, with postage prepaid and return receipt requested. At the conclusion of the hearing, the deciding body shall make findings of fact as to whether or not there is good cause for such revocation. If it finds that such good cause does exist, it may revoke or modify the permit or variance.
(Ord. 2001-13, 11-19-2001)

§ 12.24.010 INTENT:

The intent of the temporary use of land permit is to permit uses conducted on an intermittent or short term basis. A temporary use of land permit, valid for a limited period of time not exceeding six (6) months, may be issued as provided in this chapter for such temporary uses as temporary offices, construction yards (not located on the property where construction is taking place), parking lots, circuses or carnivals, parking lot sales, special exhibits and displays, and sales of seasonal merchandise (Christmas trees, pumpkins, fireworks, etc.). A temporary use need not be listed as a permitted use in the zoning district in which it is located. In granting a temporary use of land permit, such conditions may be imposed as are deemed necessary to secure the purposes of this chapter, and tangible guarantees may be required to ensure that the conditions so imposed will be complied with. The provisions of this chapter are not exclusive and are not intended to replace or supplant existing provisions of this code concerning specified temporary permitted uses e.g., garage sales', vendors', or peddlers' licenses (see chapters 4.16 and 4.48 of this code). In instances in which the provisions of this chapter conflict with existing code provisions, the more specific provision(s) shall be enforced.
(Ord. 2000-03, 8-7-2000)

§ 12.24.020 EXCEPTIONS:

Temporary uses of land shall be prohibited in the R districts, except as follows:
A. 
The principal permitted use of the property is nonresidential and the procedure set forth in sections 12.24.030, 12.24.040, 12.24.050, 12.24.060, and 12.24.070 of this chapter is followed.
B. 
The use is permitted by other provisions of this title or this code (examples: home occupations, temporary tract offices, garage sales).
C. 
A contractor's yard is needed in conjunction with the installation of nearby public improvements, subject to the procedures set forth in sections 12.24.030, 12.24.040, 12.24.050, 12.24.060, and 12.24.070 of this chapter.
(Ord. 2000-03, 8-7-2000)

§ 12.24.030 APPLICATION FOR PERMIT:

Any person may apply to the planning director, in writing, for approval of a temporary use of land permit not less than fifteen (15) days before the use is intended to begin.
(Ord. 2000-03, 8-7-2000)

§ 12.24.040 PLANNING DIRECTOR DETERMINATION:

Any temporary use of land must be approved, in writing, by the planning director before such use commences. Upon receipt of an application for a temporary use of land permit, the planning director may approve, conditionally approve, or disapprove an application for such use. The planning director may require a conditional use permit, as provided in chapter 12.28 of this title, for the approval of a temporary use of land where the planning director finds that the proposed use may be of particular interest or concern to surrounding property owners or to the public at large. A conditional use permit must be required for those uses which would require a conditional use permit under other provisions of this title.
(Ord. 2000-03, 8-7-2000)

§ 12.24.050 FINDINGS FOR APPROVAL:

The planning director may approve an application for temporary use of land for a period not to exceed six (6) months only upon making all of the following findings:
A. 
The proposed use will not adversely affect adjacent structures and uses of the surrounding neighborhood;
B. 
The proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic in the immediate area;
C. 
The proposed use will not create a demand for additional parking which cannot be met safely and efficiently in existing parking areas;
D. 
The proposed use will not conflict with the terms or intent of any other use permit, of any type, currently in effect on the property; and
E. 
The proposed use will not otherwise constitute a nuisance or be detrimental to the public welfare of the community.
(Ord. 2000-03, 8-7-2000)

§ 12.24.060 CONDITIONS OF APPROVAL:

The planning director may not approve an application for temporary use of land until the applicant and property owners have certified, in writing, that:
A. 
The use will be limited to the dates and time (or period of time), nature and extent prescribed by the planning director.
B. 
All work, including electrical and plumbing, will conform to all requirements of applicable codes.
C. 
All provisions of fire protection and fire vehicle access will be made as prescribed by the fire chief.
D. 
Signing will be limited to that approved by the planning director.
E. 
The site will be continuously maintained free of weeds, litter, and debris.
F. 
Within three (3) days after removal of the temporary use, the site will be completely cleaned, and all trash, debris, signs, and sign supports, and temporary electrical service will be removed.
G. 
All additional limitations imposed by the planning director as conditions of approval will be met.
(Ord. 2000-03, 8-7-2000)

§ 12.24.070 EXTENSION OF APPROVAL:

Not less than five (5) months after initial approval, the planning director may consider an application for an extension of a temporary use of land for an additional period not exceeding six (6) months. Such application shall be subject to all foregoing provisions of this chapter.
(Ord. 2000-03, 8-7-2000)

§ 12.28.010 INTENT:

A use permit is intended to allow certain land uses, identified in this title, which have characteristics that may render them appropriate to some sites and situations, but not to others. They are subject to the following regulations of this chapter.
(Ord. 2000-03, 8-7-2000)

§ 12.28.020 PROCEDURE:

Upon application, the planning commission may approve, approve with conditions, or disapprove a use permit. The planning commission may impose such reasonable conditions as it deems appropriate, including, but not limited to, issues such as duration of activities, and dedications or improvements of public facilities, site, structure and landscaping features and design related to the findings specified below. In the event that the requirements of the California environmental quality act[1] applicable to the use permit application cannot be satisfied within the time a decision on said application must be made in accordance with the permit streamlining act,[2] and the applicant fails to consent to a continuance, the application shall be deemed denied by operation of law as of the date that the decision thereon would otherwise have had to be made hereunder.
(Ord. 2000-03, 8-7-2000)
[1]
Pub.Res.C. § 21000 et seq.
[2]
Gov.C. § 65920 et seq.

§ 12.28.030 FINDINGS REQUIRED:

The following findings are required for a use permit and must be based on substantial evidence in view of the whole record:
A. 
That the use is necessary or desirable in relation to the purposes and intent of the Gonzales general plan, zoning ordinance, and the economic, social and environmental status of the city;
B. 
That the use will be properly related to other uses, transportation facilities, and other public facilities in the area, and will not cause undue environmental impacts relating to noise, odor, pollution, etc.; and
C. 
That the use will not adversely affect the health or safety of persons living or working in the vicinity, or be materially detrimental to the public welfare of the city and its residents.
(Ord. 2000-03, 8-7-2000)

§ 12.32.010 INTENT:

Variances are intended to resolve practical difficulties or unusual physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site or in the immediate vicinity or from street locations or traffic conditions in the immediate vicinity of the site, or if the strict application of this title will deprive such property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Such a variance shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute the grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. Upon application in proper form, such variances may be granted as will not be contrary to the general intent of this title or the public interest.
(Ord. 2000-03, 8-7-2000)

§ 12.32.020 PROCEDURE:

Upon application, the planning commission shall hear and approve, approve with conditions, or disapprove a variance. The planning commission may impose such reasonable conditions as it finds necessary to meet the interest of this title and the special circumstances of the case.
(Ord. 2000-03, 8-7-2000)

§ 12.32.030 FINDINGS REQUIRED:

The following findings are required for a variance:
A. 
That there are special circumstances applicable to the subject property, or to the intended case, which do not generally apply to other property in the same vicinity and under identical zone classifications;
B. 
That the special circumstances relate to the property or use, not the financial or other personal condition of the applicant, nor to any self-imposed condition on the property that is the result of actions taken by the present owner or his predecessor;
C. 
That the granting of a variance shall not constitute a grant of special privilege inconsistent with the limitations upon other property in the vicinity and same zone classification;
D. 
That the result would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
(Ord. 2000-03, 8-7-2000)

§ 12.36.010 INTENT:

The intent of this chapter is to list procedures that govern city compliance with the California environmental quality act (CEQA).[1]
(Ord. 2000-03, 8-7-2000)
[1]
Pub.Res.C. § 21000 et seq.

§ 12.36.020 GENERAL APPLICATION:

A. 
Determination As Project; Fee: In initial discussions with the applicant, the planning director shall determine whether a proposal is a project, as defined by the CEQA guidelines. If a proposal is determined to be a project, an environmental assessment questionnaire shall be completed by the applicant, accompanied by the appropriate fee, and submitted with the general application materials.
B. 
Negative Declaration; Environmental Impact Report: Within six (6) days following the submittal deadline, the planning director shall determine whether a negative declaration (ND) shall be posted, or a draft environmental impact report (EIR) prepared. This determination shall constitute the initial study, and shall include consultation of affected agencies and completion of the initial study form.
C. 
Preparation For Hearing: If it is decided that no significant effect will result, a negative declaration (ND) shall be prepared for hearing, in the manner provided for planning applications, with affected agency notice as provided in the state guidelines.
D. 
Significant Impact Determination: If it is determined that there may be significant impacts, the application shall be removed from the planning process, to be resubmitted when a draft EIR is prepared.
E. 
Notice Of Determination Filed With County: If the negative declaration is approved by the planning commission or city council, a notice of determination shall be filed with the county clerk. The planning commission shall approve an ND where it has final authority for a project, otherwise it shall be approved by the council.
F. 
In House Preparation Of Documents: The city may contract for performance of the EIR, initial study, negative declaration, or any other required environmental documents or prepare it in house. The planning director shall contract with a person or firm competent in EIR preparation; such person may be suggested by an applicant, or selected from among those interested in work with Gonzales, and who have shown ability to perform adequately. They shall be demonstrably independent from the applicant. The applicant shall provide one hundred percent (100%) of the estimate of cost in advance, to be paid to the contractor upon completion of work. Scope of the draft shall be determined by the planning director on the basis of the initial study. Notices of preparation shall be mailed no later than thirty (30) days before the application deadline for general application materials and mailing of the draft EIR for review. The notice shall incorporate the initial study.
G. 
Submittal Of Draft EIR; Notice: Upon submittal of the draft EIR, the city shall file a notice of completion with the California resources agency. Notice of the draft EIR shall be sent to affected agencies with a copy of the draft EIR within two (2) days, allowing for a thirty (30) day review period prior to the public hearing which shall be held on the matter. Hearing notice to the public and affected property owners shall be sent within twelve (12) days. The planning director shall prepare a complete commentary and critique to accompany the draft EIR at the public hearing. Where a project has statewide, regional or area wide significance, the thirty (30) day review period allowed in this subsection shall be increased to forty five (45) days by hearing the draft EIR at a later planning commission meeting.
H. 
Approval Of Draft: Where a draft EIR is certified and adopted by the decision making body, it shall either be approved by the planning commission, or forwarded with associated planning actions where council certification and adoption is required.
I. 
Notice Of Completion To County And State: Following planning commission or city council approval of a draft EIR, a notice of completion and a copy of the draft shall be mailed to the county clerk and the California resources agency.
J. 
Final Certification, Adoption: No project may commence by issuance of building permits, nor any amending ordinance be passed, until a final EIR has been certified and adopted by the planning commission or city council, where required.
K. 
Final Approval To County: Following approval of the final EIR, a notice of determination shall be sent to the county clerk.
L. 
Documents Available For Public Inspection: A copy of all documents related to the EIR process shall be available for public inspection in the planning department at city hall.
M. 
Notices To Regulatory Agencies: All agencies having regulatory authority in relation to the project, plus all agencies and persons found to have a concern or involvement in the project, shall be sent all notices and documents during the process noted above.
N. 
Right Of Appeal: Applicants may appeal the decision rendered in subsection D of this section to the planning commission.
O. 
State Guidelines Adopted: The state EIR guidelines are hereby adopted in their entirety for use in matters subject to CEQA.
(Ord. 2000-03, 8-7-2000)

§ 12.40.010 SCOPE:

Whenever provision for an appeal is made in this title, the appeal may be taken by any person aggrieved with the decision appealed from, and the following regulations shall apply.
(Ord. 2000-03, 8-7-2000)

§ 12.40.020 APPEALS BY COUNCIL MEMBERS:

A member of the city council may appeal an action of either the planning director or planning commission. If an appeal is made by a council member, there shall be a presumption applied that the reason for the appeal is because the appealed action has significant and material effects on the quality of life in the city. The basis of the appeal need not be stated in the council member's written appeal. No inference of bias shall be raised by virtue of such an appeal, and the appealing council member may participate and vote on the appealed matter if not otherwise disqualified.
(Ord. 2000-03, 8-7-2000)

§ 12.40.030 APPEAL PERIOD:

An appeal will be valid only if a notice of appeal is filed with the city council within fifteen (15) calendar days from the date of the action or administration decision appealed.
(Ord. 2000-03, 8-7-2000)

§ 12.40.040 CONTENT OF NOTICE:

Every notice of appeal shall be in writing and shall be filed in duplicate with the city council and the planning director.
(Ord. 2000-03, 8-7-2000)

§ 12.40.050 FEE:

Every person filing an appeal shall pay the city such fee as shall be established, and from time to time may be amended, by resolution of the city council.
(Ord. 2000-03, 8-7-2000)

§ 12.40.060 TRANSMITTAL OF RECORD:

Upon receipt of a timely filed notice of appeal, the planning director shall transmit a copy of all documents constituting the record upon which the appealed action or decision was taken to the appeal body.
(Ord. 2000-03, 8-7-2000)

§ 12.40.070 STAY OF PROCEEDINGS:

The filing of an appeal shall wholly vacate the action or decision of the planning director and all proceedings shall be stayed.
(Ord. 2000-03, 8-7-2000)

§ 12.40.080 ACTION BY COMMISSION, COUNCIL:

A. 
Planning Commission: The planning commission shall hear and decide appeals from any action of the planning director and may affirm or reverse the action, in whole or in part. The planning commission shall not be limited in its review of that portion of the action complained of but may consider the entire matter and, in doing so, may add, modify or delete conditions as it deems necessary or proper.
B. 
City Council: The city council shall hear and decide appeals from any action of the planning commission and may affirm or reverse the action, in whole or in part. The city council shall not be limited in its review of that portion of the action complained of but may consider the entire matter and, in doing so, may add, modify or delete conditions as it deems necessary or proper.
(Ord. 2000-03, 8-7-2000)

§ 12.40.090 ABANDONMENT:

Any appeal not brought to hearing within a period on ninety (90) days from the date that a notice of appeal is filed shall be deemed abandoned, and proceedings shall be terminated as of the date such period shall expire unless the city council approves a later hearing date in public session.
(Ord. 2000-03, 8-7-2000)

§ 12.40.100 HEARINGS:

A. 
Governing Provisions: Whenever a hearing is held by the city council in accordance with the provision of this chapter, the regulations hereinafter set forth shall govern unless otherwise provided.
B. 
Date: The date for any public hearing required by this chapter shall be held within a reasonable time but not in excess of thirty (30) days after receipt of the application and all necessary documents pertaining thereto. The appellant shall be notified, in writing, of the date and place of any such hearing.
C. 
Notice: Notice of time, place, and purpose of any hearing held by the city council in accordance with the provisions of this chapter shall, unless otherwise provided, be given by publishing in a newspaper of general circulation in the city at least five (5) days prior to such hearing. For hearings directly relating to an identifiable property or area, notice shall also be given by posting at least three (3) public notices thereof at least five (5) days prior to such hearing within three hundred feet (300') along streets upon which the subject property abuts and by mailing notice at least five (5) days prior to the date of hearing to the owners of property within three hundred feet (300') along the streets upon which the subject property abuts, using for this purpose the names and addresses which appear on the last equalized assessment roll for taxes. No proceeding in connection with the hearing shall be invalidated by failure to send such notices where the address of the owner is not a matter of public record or to post public notices or by the failure of any of the aforesaid individuals to receive any notice.
(Ord. 2000-03, 8-7-2000)

§ 12.44.010 STATUTORY AUTHORITY:

This title may be amended by ordinance whenever the public necessity, convenience or general welfare requires. Any proposed amendment which changes property from one zone to another or imposes any zoning regulation not previously imposed or which removes or modifies any such regulation therefore imposed, as set forth in California Government Code section 65850, must be adopted in accordance with the procedure set forth in California Government Code sections 65854 through 65857, as summarized in the following sections. Any other amendment to this title may be adopted in the same manner as other ordinance amendments.
(Ord. 2000-03, 8-7-2000)

§ 12.44.020 INITIATION; FILING FEE:

An amendment may be initiated by direction of the city council or planning commission, or by petition of one or more interested property owners, accompanied by a filing fee as specified in the "cost for service fee schedule". When an amendment is initiated by petition, said petition shall be verified by at least one owner of property within the area to be impacted by the proposed amendment, or by an authorized agent thereof attesting to the truth and correctness of the information contained therein.
(Ord. 2000-03, 8-7-2000)

§ 12.44.030 PLANNING COMMISSION HEARING:

For proposed amendments requiring special hearing procedures pursuant to California Government Code sections 65853 through 65855, the planning commission, not later than at its next succeeding meeting following initiation of a proposed amendment in the manner set forth in section 12.44.020 of this chapter, shall set the times and places for such public hearings thereon as may be required by law, and shall give notice of such hearings as may be required by law. In addition to the notice required by law, as set forth in California Government Code sections 65090 and 65091, the planning commission may give notice of the hearings in any other manner it deems necessary or desirable.
(Ord. 2000-03, 8-7-2000)

§ 12.44.040 REPORT OF COMMISSION FINDINGS:

Following the aforesaid hearings, the planning commission shall make a report of its findings and recommendations in the form of resolution and meeting minutes with respect to the proposed amendment and shall file with the city council a copy of such report within ninety (90) days after the notice of the first of the hearings; provided, that such time limits may by extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the planning commission so to report within ninety (90) days without the aforesaid agreement, shall be deemed to be approval of the proposed amendment by the planning commission.
(Ord. 2000-03, 8-7-2000)

§ 12.44.050 CITY COUNCIL HEARING:

Upon receipt of such report from the planning commission, or upon the expiration of such ninety (90) days aforesaid, the city council shall set the matter for public hearing after notice thereof and of the proposed amendment, given as provided by law. After the conclusion of such hearing, the city council may adopt the amendment or any part thereof set forth in the petition in such form as the city council may deem to be advisable.
(Ord. 2000-03, 8-7-2000)

§ 12.44.060 FAILURE TO PROVIDE NOTICE:

The failure of any person or entity to receive notice given pursuant to this chapter shall not constitute grounds for any court to invalidate the actions of the planning commission or city council.
(Ord. 2000-03, 8-7-2000)

§ 12.44.070 DECISION OF CITY COUNCIL:

The decision of the city council shall be rendered within sixty (60) days after the receipt of a report and recommendations from the planning commission or after the expiration of such ninety (90) days as aforesaid.
(Ord. 2000-03, 8-7-2000)

§ 12.48.010 AUTHORITY AND PURPOSE:

The purpose of this chapter is to implement the State Density Bonus Law, Cal. Gov’t. Code § 65915 et seq.
(Ord. 2025-152, 8/18/2025; Ord. 2014-77, 3-3-2014)

§ 12.48.020 APPLICABILITY:

The provisions of this chapter are applicable in all residential zoning districts.
(Ord. 2025-152, 8/18/2025; Ord. 2014-77, 3-3-2014)

§ 12.48.030 QUALIFICATIONS:

All proposed housing developments that qualify under Cal. Gov't. Code § 65915 for a density increase and other incentives, and any qualified land transfer under Cal. Gov't. Code § 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in Cal. Gov't. Code § 65915, as may be amended.
(Ord. 2025-152, 8/18/2025)

§ 12.48.040 DENSITY BONUS, INCENTIVES AND CONCESSIONS:

A. 
The City of Gonzales shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in Cal. Gov't. Code § 65915 et seq., and incentives or concessions also as described in Cal. Gov't. Code § 65915 et seq. A specific density bonus calculation chart for each qualifying housing development type is provided in section 12.48.080.
B. 
Supplemental Density Bonus Programs. Projects qualifying for a density bonus under Cal. Gov't. Code § 65915 may receive the following additional density bonuses calculated in addition to the density bonus allowances as provided in State Density Bonus Law if they also meet the criteria for one or more of the following Supplemental Density Bonus Programs:
Program
Criteria for Eligibility
Incentive 1: Density Increase (5%)
Incentive 2: Density Increase (10%)
Incentive 3: Density Increase (15%)
Urban Agriculture Density Bonus Program
Provides at least 500 sq. ft. of accessible edible garden space made available for all residents
Projects with a total of 500 sq. ft. of edible garden space made available for all residents
Projects with a total of 1,000 sq. ft. of edible garden space made available for all residents
Projects with 1,500 sq. ft. of edible garden space made available for all residents
Large Family Density Bonus Program
Rental developments of >5 units with either 35% large-family units (3 bedrooms) of the total units, or 20% + of the total units as 4+ bedroom units
Project with 35% of units as large-family units (3-bedroom units)
Project with 20% of units as 4+ bedroom units
Project with 25% of units as 4+ bedroom units
Universal Design Density Bonus Program
At least 20% of units incorporate all of the following features: stepless entry on an accessible path of travel, a complete livable entry floor, including 32-inch clear-width doorways and hallways, and the provision of all environmental controls at accessible heights
Projects with 20% of units meeting Universal Design Regulations
Projects with 30% of units meeting Universal Design Regulations
Projects with 40% of units meeting Universal Design Regulations
(Ord. 2025-152, 8/18/2025)

§ 12.48.050 APPLICATION:

An application for a density bonus or other incentive under this chapter for a housing development shall be submitted in writing to the Community Development Department to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter and applicable State law.
(Ord. 2025-152, 8/18/2025)

§ 12.48.060 REVIEW AND CONSIDERATION:

The application shall be considered by the Planning Commission or City Council concurrently with the project for which the request is being made. If the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made under this chapter shall be considered by the Community Development Director. The request shall be approved if the applicant complies with the provisions of Cal. Gov't. Code § 65915 et seq.
(Ord. 2025-152, 8/18/2025)

§ 12.48.070 CONTINUED AFFORDABILITY:

Consistent with the provisions of Cal. Gov't. Code § 65915 et seq., prior to a density bonus or other incentives being approved for a project, the City and the applicant shall agree to an appropriate method of assuring the continued availability of the density bonus units.
(Ord. 2025-152, 8/18/2025)

§ 12.48.080 DENSITY BONUS CALCULATIONS:

The table below provides the density bonus calculations pursuant to State Density Bonus Law:
Base Project Set Aside1
Very Low Income
Low Income
Moderate Income2
Land Donation
Senior Housing3
Foster Youth, Disabled Vets, Homeless4
Student Housing5
5%
20%
20%
6%
22.5%
20%
7%
25%
20%
8%
27.5%
20%
9%
30%
20%
10%
32.5%
20%
5%
15%
20%
20%
11%
35%
21.5%
6%
16%
20%
20%
12%
38.75%
23%
7%
17%
20%
20%
13%
42.5%
24.5%
8%
18%
20%
20%
14%
46.25%
26%
9%
19%
20%
20%
15%
50%
27.5%
10%
20%
20%
20%
16%
50%
29%
11%
21%
20%
20%
17%
50%
30.5%
12%
22%
20%
20%
18%
50%
32%
13%
23%
20%
20%
19%
50%
33.5%
14%
24%
20%
20%
20%
50%
35%
15%
25%
20%
20%
35%
21%
50%
38.75%
16%
26%
20%
20%
35%
22%
50%
42.5%
17%
27%
20%
20%
35%
23%
50%
46.25%
18%
28%
20%
20%
35%
24%
50%
50%
19%
29%
20%
20%
35%
25%
50%
50%
20%
30%
20%
20%
35%
26%
50%
50%
21%
31%
20%
20%
35%
27%
50%
50%
22%
32%
20%
20%
35%
28%
50%
50%
23%
33%
20%
20%
35%
29%
50%
50%
24%
34%
20%
20%
35%
30%
50%
50%
25%
35%
20%
20%
35%
31%
50%
50%
26%
35%
20%
20%
35%
32%
50%
50%
27%
35%
20%
20%
35%
33%
50%
50%
28%
35%
20%
20%
35%
34%
50%
50%
29%
35%
20%
20%
35%
35%
50%
50%
30%
35%
20%
20%
35%
36%
50%
50%
31%
35%
20%
20%
35%
37%
50%
50%
32%
35%
20%
20%
35%
38%
50%
50%
33%
35%
20%
20%
35%
39%
50%
50%
34%
35%
20%
20%
35%
40%
50%
50%
35%
35%
20%
20%
35%
41%
50%
50%
38.75%
35%
20%
20%
35%
42%
50%
50%
42.5%
35%
20%
20%
35%
43%
50%
50%
46.25%
35%
20%
20%
35%
44%
50%
50%
50%
35%
20%
20%
35%
100%6
80%
80%
80%
35%
20%
20%
35%
Footnote:
1
Affordable unit percentage is calculated excluding the units added by density bonus.
2
Only applies to for-sale units, not to rental units.
3
No affordable units are required. The bonus is limited to 20% of the number of senior units only if no units are affordable.
4
The bonus is equal to 25% of the number of units designated for very low income foster youth, disabled veterans, and the homeless.
5
The bonus is equal to 40% of the number of student housing units designated for low-income students.
6
Applies when 100% of the total units (other than manager's units) are restricted to very low, low, and moderate income (maximum 20% moderate). If the project is within one-half mile of a major transit stop, there is no maximum density.
(Ord. 2025-152, 8/18/2025)

§ 12.52.010 FEES:

Whenever property is proposed for annexation to the city, the fees and charges shall be paid prior to approval of the annexation. The amount of such fees shall be fixed by the city council by resolution. These fees shall be in addition to other fees and charges which may be required elsewhere.
(Ord. 2000-03, 8-7-2000)

§ 12.52.020 PROVISIONS FOR ZONING:

Whenever a parcel of land is proposed for annexation to the city, the map of such land, which accompanies the proposal, shall include proposed precise zoning of all such land. The city council, in taking its final action, shall approve or change such proposed zoning so that all property accepted finally for annexation shall be precisely zoned at the time of final action.
(Ord. 2000-03, 8-7-2000)

§ 12.54.010 PURPOSE:

This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (together, the acts) in the application of zoning laws and other land use regulations, policies, and procedures.
(Ord. 2025-152, 8/18/2025)

§ 12.54.020 APPLICABILITY:

A. 
A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this title or other City requirement, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a 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 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.
(Ord. 2025-152, 8/18/2025)

§ 12.54.030 PROCEDURE:

A. 
Application. A request for reasonable accommodation shall be submitted on an application form provided by the Community Development Department or in the form of a letter to the Community Development Director and shall contain the following information:
1. 
The applicant's name, address, and telephone number;
2. 
Name and address of the property for which the request is being made;
3. 
The current actual use of the property;
4. 
The basis for the claim that the individual is considered disabled under the acts;
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. 
Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodation shall be displayed at public information counters in the Community Development Department, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Community Development Department.
C. 
Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including conditional use permit, development review, etc.), then the applicant shall file the information required by subsection A.1 of this section together for concurrent review with the application for discretionary approval.
D. 
Confidentiality. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
E. 
Available Assistance. If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible.
(Ord. 2025-152, 8/18/2025)

§ 12.54.040 REVIEW AUTHORITY:

A. 
Community Development Director. A request for reasonable accommodation shall be reviewed by the Community Development Director if no approval is sought other than the request for reasonable accommodation.
B. 
If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 30 day period to issue a decision is stayed until the applicant responds to the request.
(Ord. 2025-152, 8/18/2025)

§ 12.54.050 WRITTEN DECISION:

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in section 12.54.060. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.
A. 
The written decision of the reviewing authority shall be final unless an applicant appeals to the Planning Commission.
B. 
If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the 30 day time period allotted by section 12.54.040, the request shall be deemed granted.
C. 
While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
(Ord. 2025-152, 8/18/2025)

§ 12.54.060 REQUIRED FINDINGS:

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:
A. 
Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;
B. 
Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;
C. 
Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction; and
D. 
Whether the requested accommodation would require a fundamental alteration in the nature of the City's land use and zoning or building program.
(Ord. 2025-152, 8/18/2025)

§ 12.54.070 APPEALS:

A. 
Within 30 days of the date of the Director's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.
B. 
If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeals process is accessible.
C. 
All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
D. 
Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.
(Ord. 2025-152, 8/18/2025)