Greenfield City Zoning Code
Division II
ADMINISTRATION AND PERMIT PROCEDURES
§ 17.10.010 Purpose:
The purpose of this chapter is to establish the administration of this title and to set forth the basic responsibilities of the officials and bodies charged with its administration.
(Ord. 473 § 3, 2007)
§ 17.10.020 Composition Of The Greenfield Planning Agency:
California Government Code section 65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the planning agency, as designated by this title, may be anyone of the following, as further defined in this section and title. In the absence of an assignment, the city council shall have the planning agency responsibility and authority.
A.
City council.
B.
Planning commission.
C.
Planning director. Responsible agencies shall have such duties as assigned by this title.
(Ord. 473 § 3, 2007)
§ 17.10.030 Responsibilities Of The City Council:
The city council shall have the following land use responsibilities:
A.
Review applications for and approve membership on the planning commission.
B.
Hear and decide appeals of the planning commission decisions.
C.
Hear and decide applications for zoning ordinance amendments, general plan and amendments thereto, specific plans, special planning areas, prezoning, annexations, major subdivisions, boundary adjustments, and planned developments. In the event that applications for other land use permits are requested in conjunction with these entitlements, the city council shall also be the final decision making body for the other land use permits.
D.
Direct planning related policy amendments and special studies as necessary or desired.
E.
Exercise such other powers and duties as are prescribed by state law or local ordinance.
(Ord. 473 § 3, 2007)
§ 17.10.040 Responsibilities Of The Planning Commission:
The planning commission shall have the following land use responsibilities:
A.
Hear and decide appeals of the planning director's decisions.
B.
Hear and decide applications for minor subdivision tentative maps and tentative parcel maps, conditional use permits, variances, and design review.
C.
Hear and make recommendations to the city council on applications or proposals for amendments to this title.
D.
Initiate studies of amendments to this title and make recommendations to the city council for amendments to this title.
E.
Hear and make recommendations to the city council on applications for standard tentative subdivisions, zoning amendments, general plan and amendments thereto, specific plans, special planning areas, development agreements, prezoning, annexations, boundary adjustments, minor subdivision maps, tentative parcel maps, and other related planning studies.
F.
Exercise such other powers and duties as are prescribed by state law, local ordinance, or as directed by the city council.
(Ord. 473 § 3, 2007)
§ 17.10.050 Additional Provisions For The Planning Commission:
A.
Membership And Term: There shall be five (5) members of the planning commission. People interested in becoming commissioners must submit an application for review by staff and the city council. The city council approves applications and appoints planning commissioners by majority vote. Commissioners shall not be officials or employees of the city, but shall be residents of the city or of the area of the sphere of influence of the city. Planning commissioners' terms will be three (3) years, subject to reappointment.
B.
Removal From Office: Members of the commission serve at the pleasure of the city council and may be removed from office by a vote of a majority of the members of the city council. No public hearing need be held prior to removal, and no cause for removal need be shown.
C.
Vacancies: If a member of the planning commission is unable or unwilling to complete his or her term, the planning director shall publicize the vacancy in the local newspaper and on the city website. The planning director is responsible for accepting applications and agendizing review of the applications by the city council within a reasonable period. The city council, by majority vote, shall appoint another person to serve for the remainder of the term of office in which such vacancy occurs.
D.
Compensation: Each appointee to the planning commission shall receive compensation as determined by resolution of the city council.
E.
Rules: The planning commission shall adopt rules of procedure, which shall govern the conduct of hearings and other business of the commission. Copies of the rules shall be published and shall be available at the office of the clerk of the city council.
F.
Organization: The planning commission members shall annually select a chairperson and vice chairperson amongst themselves and shall determine the time, place, and frequency of regular meetings.
G.
Committees: The planning commission is authorized to create committees from their membership as needed to conduct their business. Business discussed at subcommittee meetings shall be discussed at the next planning commission hearing, as appropriate.
H.
Quorum And Voting: A quorum shall consist of a majority of the membership. The approval of any action by the planning commission that does not require a resolution shall require the affirmative votes of a simple majority of the quorum. The approval of any action by the planning commission by resolution shall require the affirmative vote of a majority of the membership.
(Ord. 473 § 3, 2007; Ord. 538 (part), 2019; Ord. 573 § 1, 2025)
§ 17.10.060 Responsibilities Of The Planning Director:
The planning director, or designee, shall have the responsibility and authority to administer and enforce this title as follows:
A.
Maintain the sections of this title, zoning map, and all records of zoning actions and interpretations;
B.
Advise the city council, city manager, and planning commission on planning matters;
C.
Decide administrative permits, including zoning clearance/plan check, administrative design review, minor deviations, minor use permits, and temporary use permits;
D.
Assign identifying project numbers at the point of application for all administrative permits and discretionary projects and manage filing protocols that ensure adequate retrieval of materials in compliance with public record act requests;
E.
Preside over staff meetings and provide administrative services for the planning commission;
F.
Direct planning related policy amendments and special studies as necessary or desired. Conduct administrative functions authorized by this title, including distribution and receipt of permit applications and corresponding fees, application review and public noticing, determination and issuance of administrative permits and approvals, and preparation of staff reports with recommendations, proposed findings, and proposed conditions for quasi-judicial and legislative actions by designated planning agencies. For a comprehensive list of permits, see chapter 17.16, "Permit Requirements", of this title;
G.
Provide information to the public and facilitate public participation on planning matters; and
H.
Exercise such other powers and duties as are prescribed by state law, local ordinance, or as directed by the city manager.
(Ord. 473 § 3, 2007)
§ 17.12.010 Purpose:
The purpose of this chapter is to specify the authority and procedures for clarification of any ambiguity in the regulations of this title in order to ensure the consistent interpretation and application.
(Ord. 473 § 3, 2007)
§ 17.12.020 Applicability And Authority For Interpretations:
If ambiguity arises concerning the meaning or applicability of the following provisions of this title, it shall be the responsibility of the planning director to review pertinent facts, determine the intent of the provision, and to issue an administrative interpretation of said provision(s) as specified in this section:
A.
The classification of a particular use (see also section 17.26.030, "Similar Uses", of this title);
B.
The development standards applicable to a particular zoning district or use; or
C.
Zoning boundaries.
(Ord. 473 § 3, 2007)
§ 17.12.030 Rules Of Interpretation:
A.
Terminology: When used in this title, the following rules apply to all provisions of this title:
1.
Language: The words "shall", "must", "will", "is to", and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.
2.
Tense And Number: The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.
3.
Conjunctions: "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either ... or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including, but not limited to .... "
B.
Zoning Regulations: Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted.
C.
Number Of Days: Whenever the number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or city holiday, time limits shall extend to the end of the next working day.
D.
Minimum Requirements: When interpreting and applying the regulations of this title, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.
(Ord. 473 § 3, 2007)
§ 17.12.040 Record Of Interpretation:
Whenever the planning director determines that an ambiguity in a zoning regulation exists, the director shall issue an official interpretation. Official interpretations shall be in writing, and shall cite the provisions being interpreted, together with an explanation of the meaning or applicability of the provision(s) in the particular or general circumstances that caused the need for interpretation. Any provision determined by the planning director to be ambiguous pursuant to this section shall be clarified by amendment as soon as is practical. The planning director shall maintain a complete record of all official interpretations available for public review, indexed by the section number of this title that is the subject of the interpretation, including all interpretations made by the planning commission and city council. The applicant or property owner initiating the request for such interpretation shall receive a notice of action, including the record of interpretation and information regarding the city's appeal procedures. All recorded interpretations shall be provided to the planning commission, city manager, city attorney, and city council as an information item within thirty (30) days of the planning director's determination.
(Ord. 473 § 3, 2007)
§ 17.12.050 Appeals:
Interpretations by the planning director may be appealed to the designated appeal authority pursuant to section 17.14.060, "Appeals", of this title.
(Ord. 473 § 3, 2007)
§ 17.12.060 Enforcement Procedures:
A.
Purpose And Intent: The purpose of these provisions is to identify enforcement authority and provisions for enforcement of this title.
B.
Action On Violations: Enforcement of this code is the responsibility of the police chief. Working in partnership with the planning director, the police chief shall investigate all matters of municipal code violations, and if it is the opinion that a violation does exist, shall notify the owner of the property involved to show cause why the violation should not cease. The property owner notification process, administrative citation process, and administrative appeals shall be conducted pursuant to applicable provisions of this code.
C.
Public Nuisance Declared: Any building or structure, or any use of property contrary to or in violation of this title is unlawful and is a public nuisance. All abatement and enjoinment proceedings shall be conducted in accordance with applicable regulations, as well as relevant provisions of state law.
(Ord. 473 § 3, 2007)
§ 17.14.010 Application Submittal:
All applications for land use and development permits and actions pertaining to this title shall be submitted to the planning and building department on a city application form, together with all fees, plans, maps, and any other information required by the planning and building department. Every application for a land use or development permit shall include a completed application form designated for the particular request, applicant signature(s), agent authorization as appropriate, and processing feels) established by city council resolution. Additionally, each application requires the submittal of particular maps, plans, and other data about the project development, project site and vicinity deemed necessary by the planning director to provide the approving authorities with adequate information with which to base decisions. Each permit application form lists the necessary submittal materials for that particular type of permit.
(Ord. 473 § 3, 2007)
§ 17.14.020 Determination Of Completion:
A.
Application Completeness: Within thirty (30) days of application submittal, the planning director shall determine whether or not the application is complete. The applicant shall be notified in writing of the determination either that:
1.
All the submittal requirements have been satisfied and that the application has been accepted as complete; or
2.
Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements. The applicant may appeal the determination in accordance with section 17.14.060, "Appeals", of this chapter and the permit streamlining act (California Government Code section 65943).
B.
Incomplete Application: If additional information or submittals are required and the application is not made complete within six (6) months of the completeness determination letter, the application shall be deemed by the city to have been withdrawn, and no action will be taken on the application. Unexpended fees and deposits, as determined by the planning director, will be returned to the applicant. Prior to expiration of a six (6) month period of initial application, the planning director may grant an extension not to exceed six (6) months total. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials must then be filed in compliance with this chapter.
(Ord. 473 § 3, 2007)
§ 17.14.030 Application Review:
After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California environmental quality act (CEQA). Planning staff will consult with other departments as appropriate to ensure compliance with all provisions of this code and other adopted policies and plans. Planning staff will prepare a report to the designated approving authority (planning director, planning commission andlor city council) describing the project, along with a recommendation to approve, conditionally approve, or deny the application.
(Ord. 473 § 3, 2007)
§ 17.14.040 Public Notices:
A.
Public Hearing Required: The following procedures shall govern the notice and public hearing, where required, for consideration of a permit. In accordance with planning and zoning law, the subdivision map act, and the California environmental quality act, public hearings shall be required for all quasi-judicial permits and legislative actions of the city (variance, conditional use permit, planning commission design review, specific plans, special planning areas, zoning amendments, and general plan amendments). The hearing(s) shall be held before the designated approving authority as identified in this title.
B.
Notice Of Hearing: Pursuant to California Government Code section 65091, not less than ten (10) days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, a general explanation of the matter to be considered, and a general description of the real property (text or diagram), if any, which is the subject of the hearing.
1.
Notice of the public hearing shall be published in at least one newspaper of general circulation in the city.
2.
Notice of the public hearing shall be posted on the project site, in a location clearly visible from public viewing areas surrounding the property.
3.
Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of five hundred feet (500') of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. Exceptions to this mailing requirement are as follows:
a.
The president or chairperson of any neighborhood association or community group registered with, or recognized by, the city as a neighborhood association which have boundaries that overlap any of the noticing radius defined above shall also receive a notice of all public hearings.
b.
Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent, and to each local agency expected to provide water, sewers, streets, roads, schools, or other essential facilities or services to the proposed project.
C.
Notice Of Determination For Administrative Permits: For administrative permit applications decided by the planning director (zoning clearance/plan check, minor deviations, administrative design review of projects involving second floor additions), public notice shall be mailed to the applicant and property owners of sites directly abutting the subject parcel(s) no less than seven (7) days prior to the scheduled date of determination. The notice shall identify the subject parcel, describe the request, and identify the date of planning director's determination. The notice shall also identify the opportunity to provide input prior to the determination and the right to appeal the determination in accordance with this title. The planning director shall create a written record of action to approve, conditionally approve, or deny the administrative permit application. This record of action shall be mailed to the applicant within three (3) business days from the date of action.
D.
Requests For Notification: Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the city clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.
E.
Failure To Receive Notice: Failure of any person or entity to receive notice required by law of any hearing as required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.
F.
Hearing Procedure: Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The designated approving authority shall conduct the public hearing and hear testimony. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued. If the hearing is not continued to a specific date/time, then the hearing shall be renoticed.
(Ord. 473 § 3, 2007)
§ 17.14.050 Approving Authority:
The approving authority, as designated in table 17.14-1 of this section, shall approve, conditionally approve, or deny the proposed land use or development permit in accordance with the requirements of this title. Table 17.14-1 of this section identifies both recommending (R) and final (F) authorities for each permit. When a proposed project requires more than one permit with more than one approving authority, all project permits shall be processed concurrently and final action shall be taken by the highest level designated approving authority for all such requested permits. In acting on a permit, the approving authority shall make the applicable findings as established in chapter 17.16, "Permit Requirements", of this title and as may be required by other laws and regulations. An action of the approving authority may be appealed pursuant to procedures set forth in section 17.14.060 "Appeals", of this chapter.
TABLE 17.14-1 APPROVAL AUTHORITY | |||
|---|---|---|---|
Type Of Permit Or Decision | Designated Approval Authority1 | ||
"R" symbolizes the "recommending body" | |||
"F" symbolizes the "final decision making body" | |||
Planning Director | Planning Commission | City Council | |
Zoning code interpretation | F | ||
Zoning clearance/plan check | F | ||
Sign and fence permits2 | F | ||
Administrative design review2 | F | ||
Minor deviation | F | ||
Variance | R | F | |
Temporary use permit | R | F | |
Minor use permit | R | F | |
Conditional use permit | R | F | |
Design review2 | R | F | |
Lot line adjustment | R | F | |
Tentative parcel map, minor subdivision | R | F | |
Tentative subdivision map | R | R | F |
Planned development | R | R | F |
Specific plan | R | R | F |
Zoning amendment (text and map) | R | R | F |
General plan amendment | R | R | F |
Prezoning | R | R | F |
Development agreement | R | R | F |
Annexations/sphere of influence updates | R | R | F |
Lot mergers | R | R | F |
Notes: |
|---|
1. All listed actions are subject to appeal pursuant to section 17.14.060 of this chapter. |
2. See section 17.16.070, table 17.16-1 of this title for a specific listing of applicable projects subject to design review approval and the corresponding approving authority (planning director or planning commission). |
(Ord. 473 § 3, 2007)
§ 17.14.060 Appeals:
A.
Purpose: This section identifies the procedures for filing and processing an appeal consistent with California Government Code section 65904. Where the appeal provisions of this section conflict with other provisions of this code, the appeal provisions of this section shall apply with regard to planning and zoning matters.
B.
Appeal Applicability And Authority: Any person dissatisfied with an interpretation or action of the planning director or planning commission made pursuant to this division, may appeal such action to the designated appeal authority listed in table 17.14-2 of this section, within ten (10) days from the date of the action. Actions by the city council are not subject to appeal.
TABLE 17.14-2 APPEAL AUTHORITY | ||
|---|---|---|
Approving Authority For Action Being Appealed | Appeal Authority | |
Planning Commission | City Council | |
Planning director | X | |
Planning commission | X | |
C.
Filing An Appeal: All appeals shall be submitted in writing, identifying the action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within ten (10) days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by city council resolution, and submitted to the city clerk. The filing of an appeal shall stay the issuance of subsequent permit(s) (e.g., building permits).
D.
Notice And Schedule Of Appeal Hearings: Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within forty five (45) days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of section 17.14.040, "Public Notices", of this chapter.
E.
Appeal Hearing And Action: Each appeal shall be considered de novo (new) and the appeal authority may reverse, modify or affirm the decision in whole or in part. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may modify, delete, or add such conditions as it deems necessary. The appeal authority may also refer the matter back to the original approving authority for further action. The action of the appeal authority is final on the date of decision and may not be further appealed.
(Ord. 473 § 3, 2007)
§ 17.16.010 Permit Requirements And Exemptions:
All planning and zoning related permits and actions required and regulated by the city are listed herein. Such permits generally fall into three (3) categories based on the type of permit or action and the level of review:
A.
Administrative permits and actions;
B.
Quasi-judicial permits and actions; and
C.
Legislative actions. Each permit type is described in this chapter in terms of purpose and applicability, approving authority, and unique processing provisions. Also see chapter 17.14, "General Application Processing Procedures', of this title for general application submittal, review, noticing/hearing, and appeal provisions. Exemptions to permit requirements are listed throughout this title.
(Ord. 473 § 3, 2007)
§ 17.16.020 Zoning Clearance/Plan Check:
A.
Purpose And Applicability: The purpose of the zoning clearance/plan check is to ensure that all new and modified uses and structures comply with applicable provisions of this title, using simple administrative plan check procedures. Zoning clearance/plan check is required for all structures that require a building permit and for signs.
B.
Approving Authority: The designated approving authority for zoning clearance/plan check is the planning director. The planning director approves, conditionally approves, or denies the zoning clearance/plan check in accordance with the requirements of this title.
C.
Process: No application form is necessary for zoning clearance/plan check. This process will be conducted by planning staff as part of the building permit application review. Zoning clearance shall be granted only when the planning staff finds the proposal to be in conformance with all applicable provisions of this title. The planning director may modify plans in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this title. Building permits shall not be issued without zoning clearance and plan check approval.
(Ord. 473 § 3, 2007)
§ 17.16.030 Variance:
A.
Purpose And Applicability: In accordance with California Government Code section 65906, a variance request allows the city to grant exception to the development standards and provisions of this title in cases where, because of special circumstances applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts. A variance approval is required to grant exception from any of the development standards and provisions of this title. Variance applications may not be granted for uses or activities not otherwise permitted by zoning district regulations.
B.
Approving Authority: The designated approving authority for a variance is the planning commission or designee. The planning director provides a recommendation and the planning commission approves, conditionally approves, or denies the variance in accordance with the requirements of this title.
C.
Findings: The planning commission may approve andlor modify any variance application in whole or in part, with or without conditions, only if the applicant can demonstrate to the planning commission that the circumstances of their particular case can justify making all of the following findings:
1.
That there are special circumstances applicable to the property, including size, shape, or topography, such that the strict application of this title would deprive the property owner of privileges enjoyed by other property owners in the vicinity under identical land use zoning district classifications.
2.
That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use zoning district in which such property is located.
3.
That granting the variance will not adversely affect public health, safety, or welfare.
4.
That granting the variance is consistent with the objectives and policies of the general plan.
D.
Conditions: The planning commission may impose conditions for the variance to ensure compliance with this section and other applicable provisions of this title.
E.
Issuance: The final action on the variance by the planning commission shall constitute approval of the permit. Such permit shall only become valid after the designated ten (10) day appeal period has been completed.
(Ord. 473 § 3, 2007)
§ 17.16.040 Temporary Use Permit:
A.
Purpose And Applicability: The purpose of a temporary use permit is to allow uses of a temporary nature on private property to exist for a specified length of time, in a manner that will not adversely affect public health, safety, or welfare. A temporary use permit is required before the construction or operation of any facilities or uses associated with any activity that requires authorization of a temporary use permit. See also permanent outdoor use provisions in chapter 17.86, "Outdoor Sales, Display, Storage, And Seating", of this title.
B.
Approving Authority: The designated approving authority for temporary use permits is the planning commission. The planning commission approves, conditionally approves, or denies the temporary use permit in accordance with the requirements of this title.
C.
Findings: A temporary use permit shall be granted only when the designated approving authority can make the following findings:
1.
The establishment, maintenance, or operation of the temporary use will not be detrimental to the public health, safety, or welfare, including introducing excessive dust, noise, light, odor, or other objectionable characteristics.
2.
The temporary use is in conformance with applicable provisions of this title and other regulations of the city, including, but not limited to, fire access and prevention, security provisions, and access to necessary water and sewer services.
3.
Removal of the use and site restoration will be ensured.
D.
Conditions/Guarantees: The following requirements shall apply to all temporary use permits. The approving authority may impose additional conditions and/or require guarantees to ensure conformance with this title.
1.
Requirements for vehicular ingress/egress and corresponding traffic safety provisions, parking requirements and facilities, and hours of operation.
2.
Regulation of nuisance factors (e.g., light glare, noise, vibration, smoke, dust, dirt, odors, gases, and heat).
3.
Regulation of maintenance and site restoration during and after termination of the temporary use or expiration of the temporary use permit. A bond or other form of security acceptable to the planning director may be required prior to the initiation of the use to ensure cleanup after the use is finished.
E.
Permit Issuance: The authorized signature of the planning director or the director's designee on the completed temporary use permit application form shall signify issuance of the permit. Such permit shall only become valid after the designated ten (10) day appeal period has been completed.
(Ord. 473 § 3, 2007)
§ 17.16.050 Minor Use Permit:
A.
Purpose And Applicability: The purpose of the minor use permit is to allow for administrative review and determination of requests for specific uses that warrant evaluation to ensure compatibility with surrounding uses. Qualifying uses are those that are minor in nature as determined by the approving authority, and can be conditioned to ensure protection of the public health, safety and welfare. The designated approving authority may grant minor use permits for the following uses, subject to all other provisions of this title:
B.
Approving Authority: The designated approving authority for minor use permits is the planning commission. The planning commission approves, conditionally approves, or denies the minor use permit in accordance with the requirements of this title.
C.
Findings: The planning commission may approve and/or modify any application for a minor use permit in whole or in part, with or without conditions, with the following findings:
1.
The proposed use is consistent with the general plan and all applicable provisions of this title; and
2.
The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or the general welfare of the city.
D.
Conditions/Guarantees: The planning commission may impose conditions and/or require guarantees for the minor use permit to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to surrounding neighborhood.
E.
Permit Issuance: The final action on the minor use permit by the planning commission shall constitute approval of the permit. Such permit shall only become valid after the designated ten (10) day appeal period has been completed.
(Ord. 473 § 3, 2007)
§ 17.16.060 Conditional Use Permit:
A.
Purpose And Applicability: The purpose of the conditional use permit (CUP) is for the individual review of uses, typically having unusual site development features or operating characteristics to ensure compatibility with surrounding areas and uses. A CUP is required for all uses specifically identified as requiring a CUP in division III, "Zoning Districts, Allowable Uses, And Development Standards", and division v, "Special Use Regulations", of this title.
B.
Approving Authority: The designated approving authority for a CUP is the planning commission. The planning director provides a recommendation and the planning commission approves, conditionally approves, or denies the CUP in accordance with the requirements of this title.
C.
Findings: Conditional use permits are quasi-judicial and shall be granted only when the planning commission determines that the proposed use or activity complies with all of the following findings:
1.
The proposed use is consistent with the general plan and all applicable provisions of this title; and
2.
The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of the public.
D.
Conditions/Guarantees: The planning commission may impose conditions and/or require performance guarantees for the conditional use permit to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impacts to public health, safety, or welfare.
E.
Permit Issuance: The final action on the conditional use permit by the planning commission shall constitute approval of the permit. Such permit shall only become valid after the designated ten (10) day appeal period has been completed.
(Ord. 473 § 3, 2007)
§ 17.16.070 Design Review:
A.
Purpose And Intent: The purpose of the design review process is to promote the orderly and harmonious growth of the city; to encourage development in keeping with the desired character of the city; to ensure physical, visual, and functional compatibility between uses; and to help prevent the depreciation of land values by ensuring proper attention is given to site and architectural design. This process is intended to provide a means for consideration of development proposals by which the site, architectural, and overall project design are substantially improved, and benefits to the city increased. However, this flexibility does not apply to land use. Only those uses permitted within the underlying zoning district are allowed. When no separate design review board exists and the planning commission performs this function, design review may occur at the same hearing as planning review at the discretion of the planning commission.
B.
Applicability: A design review process is required for the following items:
1.
Single-family residential development and additions thereof above the first floor or greater than five hundred (500) square feet in floor area;
2.
Planned developments and specific plans;
3.
Multi-family residential development;
4.
Nonresidential development (e.g., commercial, office, industrial, public/quasi-public, telecommunications tower installations); and
C.
Exemptions: The following structures are exempt from design review. However, such structures may require additional permits, such as a ministerial building permit or administrative design review to ensure compliance with adopted building code standards and applicable zoning code provisions:
1.
Additions totaling no more than five hundred (500) square feet in size to nonresidential structures not visible from the public right of way viewing area;
2.
Accessory structures consistent with provisions of chapter 17.46, "Accessory Structures", of this title;
3.
Repairs to and maintenance of the site or structure that do not add to, enlarge, or expand the site coverage, volume, height, or floor area of the structure and that employ the same materials and design as the original construction;
4.
Interior alterations that do not change/expand the permitted use of the structure; and
5.
Construction, alteration, or maintenance by a public utility or public agency of utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment).
D.
Approving Authority: The designated approving authorities for design review are listed in table 17.16-1 of this section. The approving authority shall approve, conditionally approve, or deny the proposed design review application in accordance with the requirements of this section. Design review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications (e.g., conditional use permit, variance).
TABLE 17.16-1 DESIGN REVIEW APPROVING AUTHORITY | ||
|---|---|---|
Land Use Type | Planning Director | Planning Commission |
Single-family residential subdivisions | X | |
Residential master home plans | X | |
Multi-family residential | X | |
Residential (new construction/additions) | 500 square feet and lower | Over 500 square feet |
Nonresidential (new construction/additions) | X | |
Fences | 6 feet and lower | Over 6 feet |
E.
Findings: Design review approval or any modification thereto shall be granted only when the designated approving authority makes all of the following findings:
1.
Any two-story construction requires notification of property owners pursuant to section 17.14.040, "Public Notices", of this title;
2.
The proposed project is consistent with the objectives of the general plan, complies with applicable zoning regulations, specific plan provisions, planned unit development provisions, applicable city design guidelines, and improvement standards adopted by the city;
3.
The proposed architecture, site design, and landscape design are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and the community;
4.
The architecture, including the character, scale and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements establishes a clear design concept and is compatible with the character of buildings on adjoining and nearby properties;
5.
The proposed project addresses vehicular, bicycle, and pedestrian transportation modes of circulation; and
6.
For specific plans and planned unit development design review applications, the proposed project is well integrated with the city's street network, creates unique neighborhood environments, employs architectural design that fosters sense of community, and contributes to a pedestrian oriented environment.
F.
Conditions: The designated approving authority may require that the applicant modify plans in whole or in part and may condition the design review approval to ensure inclusion of specific design features, use of specific construction materials, and conformance with all applicable provisions of this title.
G.
Approval: The final design review action on the project by the designated approving authority shall constitute approval of the permit. Such permit shall only become valid after the designated ten (10) day appeal period has been completed.
(Ord. 473 § 3, 2007)
§ 17.16.080 Planned Developments:
A.
Purpose: The planned development (PD) process is established to provide the opportunity for unique and imaginative planning standards and regulations not provided through the application of standard zoning districts, for benefit to residents and the city.
1.
The PD process is intended to encourage the creative and imaginative planning of integrated, mixed use developments which provide a balance of residential, commercial, industrial, open space, parks, amenities, and support land uses.
2.
Where it is used in conjunction with a development project (a conditional use permit, tentative map, or other project), the PD process is used to provide detailed site planning, landscaping, and other requirements and standards which will govern a particular project.
3.
Once approved, a planned development will contain land use regulations and development standards that replace certain provisions of this title. Thus, a planned development must contain sufficient detail to allow city staff to implement its provisions and to describe to developers how properties within a PD project may be developed. Where no specific standard is contained in a PD (for example, parking or landscaping standards), the applicable provisions of this title shall govern.
B.
Approving Authority: The designated approving authority for a planned development (PD) is the city council. The planning director provides a recommendation to the planning commission, which in turn provides a recommendation to the city council which approves, conditionally approves, or denies the PD in accordance with the requirements of this title.
C.
Designation: The abbreviation PD appearing on a planning application to the city indicates that the proposed project so identified is subject to the provisions of this section.
D.
Initiation Of The Planned Development Process: Proposals to prepare a PD may be initiated by the city of Greenfield or by any person as provided in this title. If initiated by an applicant other than the city, a preapplication meeting is strongly recommended.
E.
Mandatory Contents Of Planned Development: A PD shall be established by resolution, and each PO project applicant shall set forth in text, maps, and diagrams the following items, at the level of detail appropriate for the PO submittal. It is expressly intended that information for projects which are long term in nature or for which detailed planning may occur at a later date may provide some information at a conceptual level. If required elements are not provided, or are provided at a conceptual level, the PD shall include a schedule or program for providing these items, and may be conditioned to require the provision of these items prior to the approval of development projects within the PO. The following items are required for a complete PD application: An existing setting description which includes:
1.
A description of the physical characteristics of the site. The location of structures and other significant improvements shall be shown.
2.
The capacity of the existing and planned public services and facilities.
3.
The capacity of the existing and planned circulation system.
4.
The existing and planned land use of adjacent properties within five hundred feet (500').
5.
A boundary survey map in electronic file format of the property and a calculation of the gross land area within the proposed district. A tentative subdivision map may be substituted if the applicant proposes to subdivide the property.
6.
A detailed color orthophotograph in common electronic file format of identified scale, taken within the preceding two (2) years, of the PO area and surrounding properties.
7.
A discussion of specific objectives and limits for development of the property, which recognize and respond to identified opportunities and constraints of the PD area.
8.
Proposed land uses which correspond to the land use categories established by the general plan, and a statement of how the PO relates to the general plan. The density ranges of residential uses must correspond to density ranges established in the general plan.
9.
A land use plan identifying areas within the proposed PD and uses to be developed, supported by such related planning and development data as the city may require, including, but not limited to, proposed or projected acreage, population, housing units, and employment. The distribution of land uses shall be expressed in terms of acreage and the total number of residential units and/or square footage of nonresidential buildings allowed. Percentage of total land used for open space, parks, private land (including subtotals for each private land use), and public right of way shall be shown.
10.
A circulation plan showing existing and proposed public and private streets, pedestrianways, trails, and related transportation access or circulation features required to serve the proposed development. The circulation plan shall be supported by schematic designs of principal traffic and circulation improvements and such traffic engineering data as required by the city to demonstrate that existing and proposed facilities, both within and outside the PD, shall be adequate to serve land uses proposed by the development plan.
11.
A development plan and preliminary time schedule indicating the phasing and schedule, and indicating the total phasing of the PD and areas to be developed in phases and the time schedule for beginning of construction and for completion of each phase of development. This is specifically intended to be a generalized schedule and may be adjusted according to market constraints as the community develops except that proposed or required amenities shall be constructed ahead of residential and commercial products.
12.
Development standards for each of the proposed land use categories, including, but not limited to, regulations specifying:
a.
Permitted, conditionally permitted, and prohibited land uses;
b.
Amenities;
c.
Parks;
d.
Open space;
e.
Setbacks;
f.
Building heights;
g.
Site coverage;
h.
Parking;
i.
Grading;
j.
Applicable design guidelines, including site planning, architectural, and landscaping guidelines specific to the project;
k.
Signage, landscaping, and lighting; and
l.
Nonconforming uses, structures, and signage.
13.
A preliminary facilities and engineering report and overall plan describing anticipated requirements and proposed means of providing utility facilities and public services, including, but not limited to, storm drainage, sewage disposal, water supply, parks and recreation, and school facilities. This preliminary report and overall plan is not intended to constitute full engineering reports for project utilities and services. Rather, the submittal should communicate the type and magnitude of utilities and services needed for the project, along with a description of how such utilities and services will be provided.
14.
Significant natural features and existing trees to be retained for common open space, and provisions for preserving, maintaining, and using those areas.
15.
Describe in detail how the development proposed using the PD process provides park space above and beyond any required open space or buffers at a minimum ratio of 3.9 acres of park per one thousand (1,000) development residents using the most recent city of Greenfield population per household data published by the county of Monterey, whereas the 3.9 acres of park space requires a minimum of two (2) acres of community parks, 1.5 acres of neighborhood parks, and 0.4 acre of open space or greenbelt. Alternatively this could be paid via in lieu park fees, except for developments of fifty (50) dwelling units or more, which shall provide park space rather than in lieu fees. If designed in a manner that allows recreational uses, park space may also be used for the purpose of storm water percolation.
16.
Centrally located open space shall be provided above and beyond park space, in an amount that allows for passive recreation uses and pedestrian interconnections to other parts of the PD and the surrounding transportation network (streets, bike paths, sidewalks, etc.). In lieu fees shall not satisfy this requirement, although higher density development, infrastructure and quality of life amenities such as substantial increases in water efficiency, energy efficiency, alternative transportation amenities, or on site meeting and recreational facilities not otherwise required may modify the required amount of open space to a level that is appropriate for the project site. If designed in a manner that allows passive recreational uses, open space may also be used for the purpose of storm water percolation.
17.
Known manmade and natural hazards, and the methods for mitigating the impacts of these hazards.
18.
How the PD complies with the requirements of chapter 17.55, "Resource Efficiency", of this title.
20.
If a PD incorporates by reference any provision of this title, this shall be specifically stated in the PD. Reference may be made only to the most current version of this title in effect at the time a permit is issued; the PD may not be used to "vest" standards in this title in effect at the time of the PD's approval.
21.
A zoning code consistency analysis which identifies and describes all proposed inconsistencies with this title.
22.
Inclusionary housing plan that meets the requirements of section 17.50.050 of this title and the city of Greenfield's inclusionary housing ordinance.
23.
Specific calculations and justifications for density bonus and density incentive provisions (if applicable).
F.
Findings: Prior to adopting or amending a PD, the city council shall make the following findings:
1.
That the proposed PD is consistent with the goals, policies, and objectives of the general plan.
2.
That average density for the development does not exceed that allowed under the general plan for the site and the PO is designed in a manner that efficiently utilizes the density of the project site.
3.
That the development proposed using the PO process provides park space above and beyond any required open space or buffers at a minimum ratio of 3.9 acres of park per one thousand (1,000) development residents using the most recent city of Greenfield population per household data published by the county of Monterey, whereas the 3.9 acres of park space requires a minimum of two (2) acres of community parks, 1.5 acres of neighborhood parks, and 0.4 acre of open space or greenbelt. Alternatively this could be paid via in lieu park fees, except for developments of fifty (50) dwelling units or more, which shall provide park space rather than in lieu fees.
4.
That park space, as required, is planned as an integral and organizing amenity with equal status and priority as other land uses and that remainder, irregular parcels are not selected for park locations.
5.
That centrally located open space is provided above and beyond park space, in an amount that allows for passive recreation uses and pedestrian interconnections to other parts of the PD and the surrounding transportation network (streets, bike paths, sidewalks, etc.). In lieu fees shall not satisfy this requirement, although higher density development, infrastructure and quality of life amenities such as substantial increases in water efficiency, energy efficiency, alternative transportation amenities, or on site meeting and recreational facilities not otherwise required may modify the required amount of open space to a level that is appropriate for the project site.
6.
That the PD complies with the requirements of chapter 17.55, "Resource Efficiency", of this title.
7.
That the proposed PD provides significant amenities and/or significant benefits to the development's residents and to the community that could not be provided using the standard zoning provisions in this title.
8.
That all uses in the PD conform to the area, lot, and yard regulations normally required for such uses, except where the development and city will be improved by a deviation from such regulations.
9.
That the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of the public.
10.
That the proposed PO meets all the requirements set forth in this section.
G.
Creation Of PD References On The Zoning Map: When a planned development has been established, it shall be included on the city's official zoning map. An identifying project number shall be designated, on the official zoning map, immediately following the symbol "PD". Such identifying serial numbers shall refer to project file(s) which apply to the numbered planned development.
H.
Issuance: No PD that has been approved by the city council shall be issued prior to the expiration of a ten (10) day appeal period, as set forth in this code or the final action on an appeal to the city council.
(Ord. 473 § 3, 2007)
§ 17.16.090 Planned Developments– Revocation–Expiration:
A.
Revocation: In the event the conditions of a PD permit have not been, or are not being, complied with, the planning department shall give the permittee notice of intention to revoke the PD permit at least ten (10) days prior to a city council review thereon. After the conclusion of the review, the city council may revoke the PD permit.
B.
Expiration: In the event the project or use for which the PD was granted has not been exercised within the time limit set by the city council, or within one year after the date of the hearing, if no specific time has been set, the PD is deemed to be null and void without further action.
(Ord. 473 § 3, 2007)
§ 17.16.100 Extensions Of Time For Planned Development Permits:
The planning director may approve extensions of time for PDs. Findings for PD extensions:
A.
Such extensions shall be approved only when it is found that the circumstances under which the PD was granted have not substantially changed;
B.
Such extensions shall be approved for no more than one year for each extension, and for not more than two (2) years total.
(Ord. 473 § 3, 2007)
§ 17.16.110 Minor Modifications To Planned Developments:
The planning director may approve minor modifications to an existing PD. Such minor modifications shall be approved only if it is found that the modifications substantially conform with the plans or standards approved by the hearing body; that the intensity of the use is not increased; and that the appearance and function of the total development and the surrounding development will not be adversely affected as a result of such modification.
(Ord. 473 § 3, 2007)
§ 17.16.120 Planned Developments–Regulations And Requirements:
A.
Height Regulations: All uses in the PD shall conform to the height regulations normally required for such uses, except where the total development will be improved by a deviation from such regulations. In any event, each structure shall conform to the precise development plan which is a part of the approved planned development.
B.
Lot, Yard, And Area Requirements: All uses in the PD shall conform to the area, lot, and yard regulations normally required for such uses, except where the total development will be improved by a deviation from such regulations. In any event, each structure shall conform to the precise development plan which is a part of the approved planned development.
C.
Other Required Conditions: The hearing body may apply additional conditions to the PO to ensure compliance with the intent and purposes of this division.
(Ord. 473 § 3, 2007)
§ 17.16.130 Zoning Amendments (Text And Map):
A.
Purpose: The purpose of a zoning amendment is to allow modification to any provisions of this title (including the adoption of new regulations or deletion of existing regulations) or to change the zoning designation on any parcel(s). This section is consistent with California Government Code section 65853.
B.
Approving Authority: The designated approving authority for zoning amendments is the city council. The planning director and planning commission provide recommendations and the city council approves, conditionally approves, or denies the zoning amendment in accordance with the requirements of this title.
C.
Initiation Of Amendment: A zoning amendment to this title may be initiated by motion of the planning commission or city council, by application by property owner(s) of parcells) to be affected by zoning amendment, or by recommendation of the planning director to clarify text, address changes mandated by state law, maintain general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.
D.
Findings For Zoning Amendment (Text Or Map): Zoning amendments shall be granted only when the city council makes the following findings:
E.
Conditions/Restrictions: When considering rezoning applications, the city council has the authority to impose restrictions on property including the restriction of use.
F.
Action/Adoption: City council adoption by ordinance of the zoning amendment shall constitute final action and approval of the amendment. Authorization for construction or occupancy in accordance with the amendment may only be granted upon or after the effective date of the action.
(Ord. 473 § 3, 2007)
§ 17.16.140 General Plan Amendments (Text And Map):
A.
Purpose: The purpose of a general plan amendment is to allow for modifications to the general plan text (i.e., goals, policies, or implementation programs) or to change the general plan land use designation on any parcel(s). This section is consistent with California Government Code section 65358 and applies to the original land use designation of property authorized by LAFCO for annexation in the city boundaries.
B.
Approving Authority: The designated approving authority for general plan amendments is the city council. The planning director and planning commission provide recommendations and the city council approves, conditionally approves, or denies the general plan amendment in accordance with the requirements of this title.
C.
Frequency Of Amendment: Pursuant to Government Code section 65358, no mandatory element of the general plan may be amended more frequently than four (4) times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the general plan.
D.
Initiation Of Amendment: A general plan amendment to this title may be initiated by motion of the planning commission or city council, by application by property owner(s) of parcel(s) to be affected by general plan amendment, or by recommendation of the planning director to clarify text, address changes mandated by state law, maintain internal general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.
E.
Findings For General Plan Amendment (Text Or Map) : General plan amendments shall be granted only when the city council makes the following findings:
1.
The proposed general plan amendment (text or map) is consistent with the general plan goals, policies, and implementation programs;
2.
The proposed amendment will have no adverse effects on the public's health, safety, or welfare.
3.
In the event that a general plan amendment is requested by a private property owner, the applicant shall demonstrate to the city council that there is a substantial benefit to the city to be derived from the amendment.
F.
Action/Adoption: Adoption of the general plan amendment by the city council shall constitute final action and approval of the amendment. Authorization for construction or occupancy in accordance with the amendment may only be granted upon the effective date of the action.
(Ord. 473 § 3, 2007)
§ 17.16.150 Prezoning:
§ 17.16.160 Development Aqreements:
A.
Purpose: This section is adopted in compliance with the provisions of California Government Code sections 65864 through 65869.5. The city council finds and declares the use of development agreements is beneficial to the public, in that:
1.
Development agreements increase the certainty in the approval of development projects thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.
2.
Development agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.
3.
Development agreements enable the city to plan for and finance public facilities, including, but not limited to, streets, sewers, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.
B.
Approving Authority: The designated approving authority for development agreements is the city council. The planning director and planning commission provide recommendations and the city council approves or denies the development agreement in accordance with the requirements of this title.
C.
Findings: A development agreement may only be granted when the city council makes all of the following findings:
1.
The development agreement is consistent with the general plan objectives, policies, land uses, and implementation programs and any other applicable specific plans.
2.
The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole.
3.
The development agreement will promote the orderly development of property or the preservation of property values.
D.
Approval Of Development Agreement: A development agreement is a legislative act and, if approved, shall be approved by the city council by resolution. The mayor shall execute any development agreement approved by the city council in consultation with the city attorney or special counsel.
E.
Recordation And Filing Of Agreement: Within ten (10) days after the effective date of a development agreement or any amendment thereof, the city clerk shall have the agreement or amendment recorded with the county recorder. Additionally, the city clerk shall be the official custodian of the agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, andlor cancellations to the agreement.
F.
Amendment Or Cancellation:
1.
Either party may propose an amendment to or cancellation in whole or in part of any development agreement. Any amendment or cancellation shall be by mutual consent of the parties. The procedure for proposing and adopting an amendment to, or the canceling in whole or in part of, the development agreement shall be the same procedure for entering into an agreement as set forth in this section.
2.
Any amendment to the development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity of use, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design, improvement, construction standards or any other condition or covenant relating to the property, shall not require a noticed public hearing before the parties may execute an amendment to the agreement.
G.
Periodic Review: The planning director shall review the development agreement every twelve (12) months from the date the agreement is entered into and provide a written report to the city council. The burden of proof is on the applicant to provide necessary information verifying compliance with the terms of the agreement. The applicant shall also bear the cost of such review in accordance with the fee established by city council resolution. If the planning director finds that any aspect of the development project is not in strict compliance with the terms of the agreement or may warrant consideration by the approving authority(ies), the planning director may schedule the matter before the appropriate approving authority(ies) for review.
(Ord. 473 § 3, 2007)
§ 17.16.170 Lot Line Adjustments And Lot Mergers:
A.
Lot Line Adjustments:
1.
Purpose: The purpose of lot line adjustment is to take land from one parcel and add it to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created. This section is consistent with California Government Code section 66412(d).
2.
Approving Authority: The designated approving authority for lot line adjustments is the planning director. The planning director approves or denies the lot line adjustments in accordance with the requirements of this title.
3.
Findings: A lot line adjustment may only be granted when the planning director makes all of the following findings:
a.
The parcels resulting from the lot line adjustment will conform to the local general plan, any applicable specific plan, and zoning and building ordinances.
b.
The lot line adjustment will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, or general welfare of the public.
4.
Recordation And Filing Agreement: The city shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by section 8762 of the Business and Professions Code.
B.
Lot Mergers:
1.
Purpose: The purpose of a merger is to take land from one parcel and add it to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created. This section is consistent with California Government Code section 66499.20 3/4.
2.
Approving Authority: The designated approving authority for lot mergers is the city council through action of an ordinance. The planning director and planning commission provide recommendations and the city council approves or denies the lot mergers in accordance with the requirements of this title.
3.
Findings: A lot merger may only be granted when the city council makes all of the following findings:
a.
The parcels resulting from the lot merger will conform to the local general plan, any applicable specific plan, and zoning and building ordinances.
b.
The merger will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, or general welfare of the public.
(Ord. 473 § 3, 2007)
§ 17.18.010 Effective Date:
Generally, the action to approve, conditionally approve, or deny a permit authorized by this title shall be effective on the eleventh day after the date of action, immediately following expiration of the ten (10) day appeal period. Legislative actions by the city council (zoning amendment, general plan amendment, specific plans, and development agreements) become effective thirty (30) days from the date of final action and may not be appealed. In accordance with section 17.12.030, "Rules Of Interpretation", of this title where the last of the specified number of days falls on a weekend or city holiday, the time limit of the appeal shall extend to the end of the next working day. Permit(s) shall not be issued until the effective date of a required permit. No application for a variance, conditional use permit, or change in the district boundaries which has been denied shall be resubmitted within one year from the date of the action to deny, except on the grounds of new evidence of proof of changed conditions found to be valid by the planning commission.
(Ord. 473 § 3, 2007)
§ 17.18.020 Permit Time Limits:
Unless conditions of approval or other provisions of this title establish a different time limit, any permit or approval not exercised within three (3) years from the date of final approval shall expire and become null and void.
(Ord. 473 § 3, 2007)
§ 17.18.030 Exercisina Permits:
The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s). Such exercise of a permit constitutes the vested right to complete the work authorized by the permit. A permit may be otherwise exercised by a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Finally, unless otherwise provided, permits that have not been exercised prior to a zoning amendment, which makes the approved use or structure of the permit nonconforming, shall automatically be deemed invalid on the effective date of the zoning amendment.
(Ord. 473 § 3, 2007)
§ 17.18.040 Permit To Run With Land:
Unless otherwise conditioned, land use and development permits and approvals granted pursuant to the provisions of this title shall be transferable upon a change of ownership of the site, business, service, use or structures; provided, that the use and conditions of the original permit or approval are fully complied with, and the project is not modified or enlarged/expanded.
(Ord. 473 § 3, 2007)
§ 17.18.050 Permit On Site During Construction:
A legible and complete copy of all land use and development permits (including legible and complete copies of all corresponding documents on which the permits are based, e.g., stamped approved and wet signed plans, specifications, project manual, and manufacturers' installation instructions) authorizing construction shall be kept on site at all times during construction.
(Ord. 473 § 3, 2007)
§ 17.18.060 Permit Extension:
The same approving authority that granted the original permit may extend the period within which the exercise of a permit must occur. An application for extension shall be filed not less than thirty (30) days prior to the expiration date of the permit, along with appropriate fees and necessary submittal materials listed in this title. The approval of an extension extends the expiration date for one year from the original permit expiration date. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved. The extension may be granted only when the designated approving authority finds that the original permit findings can be made and that there are changing circumstances or that there has been diligent pursuit to exercise the permit that warrants such extension.
(Ord. 473 § 3, 2007)
§ 17.20.010 Modification:
Any person holding a permit granted under this title may request a modification or amendment to that permit. For the purpose of this section, the modification of a permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit. Any modifications to the design shall be stamped and signed by the architect of record if an architect prepared the original design. If the planning director determines that a proposed project action is not in substantial conformance with the original approval, the planning director shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same approving authority as the original permit. A permit modification may be granted only when the approving authority makes all findings required for the original approval, and the additional finding that there are changed circumstances sufficient to justify the modification of the approval.
(Ord. 473 § 3, 2007)
§ 17.20.020 Revocation:
A.
Purpose: The purpose of this section is to provide for the revocation of any land use or development permit granted under this title.
B.
Revocation Or Modification Of A Permit For Cause: A permit may be revoked or modified for cause as provided by the provisions of this section.
D.
Initiation Of Action: The revocation of a permit may be initiated by any of the city's designated planning agencies as identified in section 17.10.020, "Composition Of The Greenfield Planning Agency", of this title. The designated planning agency shall specify in writing to the permittee the basis upon which the action to revoke the permit is to be evaluated during the hearing to revoke.
E.
Revocation Hearing:
1.
A public hearing is required for any action to revoke a permit. The hearing shall be held by the original approving authority for the subject permit. The hearing shall be noticed in the same manner required for the granting of the original permit pursuant to section 17.14.040, "Public Notices", of this title.
2.
In its discretion, the designated approving authority may modify or delete the conditions of approval or add new conditions of approval in lieu of revoking a permit in order to address the issues raised by the revocation hearing. The action on the revocation is subject to appeal in accordance with the provisions of section 17.14.060, "Appeals", of this title.
(Ord. 473 § 3, 2007)