Los Banos City Zoning Code
ARTICLE 23
APPLICATION PROCESSING, SITE PLAN REVIEW PROCEDURE, ADMINISTRATIVE PERMITS, USE PERMITS, VARIANCES AND APPEALS
§ 9-3.2301 Application processing: Making an application.
Applications for a discretionary permit or a zone change shall be made to the Planning Director on such forms and contain such information as is prescribed by City Resolution, and shall be accompanied by the appropriate fee as determined by a resolution of the City Council.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 191, Ord. 1095, eff. November 20, 2010)
§ 9-3.2302 Acceptance of complete application.
Within 10 calendar days of the receipt of an application and accompanying information, the Planning Director shall determine if the application is complete and adequate information has been supplied to determine compliance with this Code. If the application is determined to be incomplete then the Planning Director shall notify the applicant in writing of all the additional items required to complete the application. If the Planning Director does not receive the additional items with 30 calendar days of the original receipt of the application, he/she may reject the application. Thereafter such application shall be null and void and the property shall have the same status as if no application had been filed.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 192, Ord. 1095, eff. November 20, 2010)
§ 9-3.2303 Who may apply.
A property owner, or a person with written authorization to act on behalf of the property owner, shall be eligible to apply for a discretionary permit or zone change. The Planning Commission or City Council may, on its own motion, initiate an application for zone change.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 193, Ord. 1095, eff. November 20, 2010)
§ 9-3.2304 Notice of public hearing.
Notice of any public hearing pertinent to the granting, revocation, or modifying of a discretionary permit or zone change shall be given in the manner provided by California Government Code, Title 7, Division I "Planning and Zoning" and scheduled by the Planning Director, or by the Clerk of the City of Los Banos (in the case of an appeal), as follows:
(a)
Such notice shall be mailed, postage prepaid, at least 10 days prior to the date of such hearing to the owners of property within a radius of three hundred (300′) feet of the exterior boundaries of the property for which the permit is sought or has been granted. The names and addresses used for such notice shall be those appearing on the last equalized County assessment roll.
(b)
At least 10 days prior to the date of such hearing, notices shall be published once in a newspaper of general circulation in the city.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 194, Ord. 1095, eff. November 20, 2010)
§ 9-3.2305 Content of notice.
A notice of hearing an application shall describe the location of the property under consideration, the nature of the application, the time and place at which the public hearing or hearing on the matter will be held, and the name, address, and telephone number of the Planning Director who may be contacted to request additional information or to whom comments may be submitted regarding the application, or as required by Title 7 of the Planning and Zoning Law, California Government Code.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 194, Ord. 1095, eff. November 20, 2010)
§ 9-3.2306 Withdrawing an application.
With the concurrence of or at the written request of the applicant, any application for a discretionary permit or zone change may be withdrawn. When the application is withdrawn, such an action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the property shall have the same status as if no application had been filed.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 194, Ord. 1095, eff. November 20, 2010)
§ 9-3.2307 Notice of action on an application.
Notice of the decision on an application for a discretionary permit or zone change shall be filed in the office of the Planning Department and the applicant shall be supplied with a copy of the resolution or ordinance.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 195, Ord. 1095, eff. November 20, 2010)
§ 9-3.2308 Effective date.
Decisions of the Community and Economic Development Director or designee or the Planning Commission on an application for a discretionary permit shall become final and effective after an elapsed period of 10 days, from which the act, decision, or determination was made, unless an appeal of the decision is filed pursuant to the appeals procedure provided in Part 6 of Article 23 of this chapter. If such date falls on a weekend or city holiday, then the 10 days shall be extended until 5:00 p.m. on the next business day.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 196, Ord. 1095, eff. November 20, 2010, § 1, Ord. 1119, eff. July 18, 2014, and § 4, Ord. 1137, eff. October 2, 2015)
§ 9-3.2309 Imposition of conditions.
A discretionary permit may be granted, modified, or extended subject to the performance of such conditions, including, but not limited to, the provision of required improvements, and for such period of time as the granting authority shall deem to be reasonable and necessary or advisable under the circumstances so that the objectives of this Code shall be achieved. Such conditions shall be imposed and enforced as provided in the abatement section of the Municipal Code.
Whenever a discretionary permit is granted subject to a condition(s), use of the property without observance of any such condition shall constitute a violation of this Code.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 196, Ord. 1095, eff. November 20, 2010)
§ 9-3.2310 Discontinuance and expiration of approved use.
Each discretionary permit granted pursuant to these provisions shall expire and become null and void at the expiration of one year after the purpose for which it was granted has been discontinued.
Each valid discretionary permit shall expire at the time specified in each permit, or if no time is specified, at the expiration of one year after granting except where construction and/or use of the property in reliance on such discretionary permit has commenced prior to its expiration. However, the period within which such construction and/or use must be commenced may be extended.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 196, Ord. 1095, eff. November 20, 2010)
§ 9-3.2311 Application for extension of approval.
If prior to expiration of the discretionary permit the applicant files a written application for extension, the period within which construction or use of the property must be commenced, may be extended for a one-year period by the Community and Economic Development Director. If an additional extension is needed, the approval may be extended subject to conditions by order of the Planning Commission for a maximum period of two years after the date of expiration as originally established. An application for such an extension shall be made on the prescribed form, shall be accompanied by the fee fixed by the City Council, and shall be filed with the Community and Economic Development Director. Decisions of the Community and Economic Development Director or Planning Commission, as applicable, may be appealed as provided by the appeal procedure provided in Part 6 of Article 23 of this chapter.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 197, Ord. 1095, eff. November 20, 2010, and § 5, Ord. 1137, eff. October 2, 2015)
§ 9-3.2312 Revocation or modification for cause.
A discretionary permit may be revoked or modified for cause as provided by the provisions of this section. For purposes of this section, such modification may include the modification of the terms of the permit itself or the waiver, alteration, and imposition of new conditions.
(a)
Grounds for Revocation or Modification. Revocations or modifications may be made upon a finding of any one or more of the following grounds:
(1)
That such permit was obtained or extended by fraud;
(2)
That one or more of the conditions upon which such permit was granted have been violated, or the approved site plan is not followed;
(3)
That the use for which the permit was granted is so conducted as to be a nuisance or detrimental to the public health, welfare, or safety of the City of Los Banos.
(b)
Initiation of Action. An action to revoke or modify may be initiated by order of the City Council or Planning Commission, on its own motion or on the request of any City Official.
(c)
Notice, Review, Hearing and Decision. An action to revoke or modify shall be noticed, reviewed, heard, and decided in the same manner and by the same authority as originally granted the discretionary permit.
(d)
An action to revoke or modify may be appealed as provided by the appeal procedure provided in Part 6 of Article 23 of this chapter.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 198, Ord. 1095, eff. November 20, 2010, and § 6, Ord. 1137, eff. October 2, 2015)
§ 9-3.2313 Reapplication.
No applications for variances, conditional use permit or zone changes pursuant to this Code shall be reconsidered within less than one year of their denial by action of the Planning Commission or City Council, unless the surrounding area has been rezoned or a major change in the area has taken place.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 198, Ord. 1095, eff. November 20, 2010)
§ 9-3.2314 Decision-making authority.
(a)
The Planning Director shall be the decision-making authority for administrative permits.
(b)
The Planning Commission shall be the decision-making authority for site plan reviews, use permits, and variances.
(c)
The Planning Commission is the recommending body to the City Council for zone change, ordinance amendment, general plan amendment, specific plan adoption and amendment, and annexation applications and for use permit applications for alcohol sales. The City Council is the final decision-making authority for said applications.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 198, Ord. 1095, eff. November 20, 2010, and § 4, Ord. 1201, eff. December 2, 2022)
§ 9-3.2315 Site plan review: Purpose.
The provisions of this part are intended to establish a process by which certain types of development projects and structures are subject to a comprehensive discretionary review approval process before the City's Planning Commission; to ensure that projects conform to City development standards; to ensure that the site plan, building layout, size, shape, scale, mass, height, architectural design, architectural components, materials, colors, landscaping, on- and off-site parking and traffic circulation, and other aspects of the physical plan for the development project are compatible with neighboring developments, are adequate and appropriate for the site, and achieve the highest level of design that is feasible for the project; and to ensure that city services are adequate and available to the project. The City intends to use this process to improve the aesthetic character of the community, to preserve and enhance property values, protect adjacent properties from adverse impacts caused by development projects, to assist private and public developers to be more cognizant of public concerns for the aesthetics of projects, and to bring about a community that is livable, safe, functional and attractive.
(§ 5, Ord. 1119, eff. July 18, 2014)
§ 9-3.2316 Applicability: Projects subject to site plan review.
(a)
Nonresidential. All new nonresidential buildings or structures requiring a building permit, the expansion of any nonresidential buildings or structures requiring a building permit, or the modification of the exterior design or façade of an existing nonresidential building or structure or element requiring a building permit shall be subject to site plan review in accordance with this Part 2.
(b)
Residential. All new residential buildings or structures requiring a building permit for a new residential project of five or more units or the addition to an existing project that would result in five or more units shall be subject to site plan review in accordance with this Part 2. Exception: a new residential project consisting of solely individual owner custom built lots/homes.
(c)
Discretionary entitlement. When design and site review in accordance with this Part 2 is required as a condition of approval of a subdivision, conditional use permit, variance, or other discretionary entitlement.
(d)
Consolidation of application. Whenever feasible, the Planning Commission shall consider a site plan review application for a proposed development project in conjunction with any other applications for discretionary permits or other land use approvals for the same project.
(§ 5, Ord. 1119, eff. July 18, 2014)
§ 9-3.2317 Project Review Board.
In addition to other duties and responsibilities as specified by the provisions of Title 9, Chapter 2, Article 3 in this Code, the Project Review Board shall have the following duties and responsibilities:
(a)
The Project Review Board shall review and consider the site plan design of project proposals in light of the City's general plan, any applicable specific plan, the adopted design review policies set forth in the City Community Design Standards, any applicable development standards set forth in this Code, and shall provide an advisory recommendation to the Planning Commission.
(b)
The Project Review Board shall evaluate the following: site plan considerations, including building layout, location, orientation, of all new and existing structures and the relationship to one another and surrounding properties; methods of landscape irrigation; location and design of facilities for physically disabled persons; location of fencing and other screening; location and screening of refuse facilities; traffic circulation on-site and off-site; pedestrian and bicycle circulation and safety; arrangement of off-street parking and loading facilities; location and intensity of all onsite lighting; and provision of municipal and public services including such items as curb cuts, curbs, gutters and sidewalks, sidewalk design, grading and drainage, location of fire hydrants; location and type of signage; location and design of facilities of public safety concern.
(§ 5, Ord. 1119, eff. July 18, 2014)
§ 9-3.2318 Planning Commission project study session review.
(a)
The Planning Commission may conduct study sessions on the aesthetic aspects related to a proposed project, at the request of the applicant or upon referral from the Community Development Director or designee. The purpose of the study session is to provide the applicant with feedback from the Planning Commission early on in the design process, before becoming overly invested in a given design. This review shall be in the nature of a discussion between the Planning Commission and the applicant concerning the aesthetic aspects of a project proposal, and shall not constitute a final decision by the Planning Commission concerning the proposed development.
(b)
The Planning Commission shall review and consider the architectural, landscaping, and the lighting elements of project proposals in light of the City's general plan, any applicable specific plan, the adopted design review policies set forth in the City Community Design Standards, any applicable development standards set forth in this Code, and shall provide the applicant with feedback on the proposed design.
(c)
The Planning Commission shall evaluate the following: architectural considerations, including architectural style and consistency, height, bulk, area, color of buildings, types of construction materials, physical and architectural relationships with existing and proposed structures; height; materials, and variations in boundary walls, fences, exterior elevations of all sides of the buildings or structures, and methods used to screen mechanical equipment from public view; landscape and site treatment, including: types of planting and vegetation, rock groupings, topography and location of landscaping areas; and aesthetics of exterior lighting elements, and shall provide the applicant with feedback on the proposed design.
(§ 5, Ord. 1119, eff. July 18, 2014)
§ 9-3.2319 Project submittals.
(a)
Application. Any person requiring design review approval shall submit an application on a form prepared by the Community Development Department. All information specified on the form shall be provided by the applicant. An application fee shall be submitted at the time the application is submitted in an amount specified by the City's current fee resolution. If the applicant is not the property owner, the application shall contain the signature of the property owner or the duly authorized representative or agent of the property owner. The accuracy of all information, maps and documents submitted on or with the application shall be the responsibility of the applicant. The applicant shall also submit any additional information required by the application or requested by City staff.
(b)
Plans and drawings to be submitted. In addition to meeting all of the other application requirements of this Code, projects subject to site plan review shall be required to have the following materials submitted to the Community Development Department:
(1)
A site plan, drawn to scale, showing the parcel dimensions, proposed location, size and height of proposed and existing structures and other improvements including, where appropriate, driveways, fences and walls (their location, height and materials), landscaped areas, off-street parking and loading areas, pedestrian walks, signing, lighting, storage areas, loading spaces. The site plan shall indicate the locations of off-street parking areas, including entrances and exits, and the direction of traffic flow into and out of off-street parking areas. The site plan shall indicate street dedication and improvements.
(2)
A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained on the site and showing conformance to the City's shade canopy requirements; the location and design of landscaped areas and the varieties and sizes of plant materials to be planted therein; and other landscape features, including sprinkler and irrigation systems in compliance with the City's applicable landscaping codes and regulations.
(3)
Architectural drawings or sketches, drawn to scale, including floor plans in sufficient detail to permit computation of yard requirements and showing all elevations of the proposed structures as they will appear upon completion. All exterior surfacing colors and materials shall be specified.
(4)
Accurate scale drawings of all signs indicating sign color, illumination, material, and size.
(5)
Preliminary grading and drainage plans.
(6)
Other data as may be required by City staff to ensure that the intent and purposes of this section are satisfied.
(c)
Review and recommendation. When deemed complete, the Community Development Department shall refer the application and submittals to the Project Review Board for review and recommendation. The Project Review Board shall consider the application within 30 days after it is deemed complete by the Community Development Department. After consideration the Project Review Board shall issue an advisory recommendation to the Planning Commission and, where applicable, the recommended conditions which should be imposed on the project. The recommendations shall be included in the staff report to the Planning Commission on the project.
(d)
Study session. When deemed complete, the Community Development Department may refer the application and submittals to the Planning Commission for a study session to be placed on the Planning Commission agenda within 30 days after it is deemed complete by the Community Development Department.
(§ 5, Ord. 1119, eff. July 18, 2014)
§ 9-3.2320 Planning Commission criteria for approval.
(a)
Findings. The Planning Commission shall approve a site plan if it makes all of the findings specified in these sections. In making the findings set forth herein the Planning Commission shall consider and evaluate those aspects of the project described in Sections 9-3.2317(b) and 9-3.2318(c). In approving a site plan, the Planning Commission may impose any reasonable conditions it deems appropriate. The Planning Commission shall make the following findings before approving a site plan:
(1)
That the proposed development is consistent with the general plan, any specific plans, and any design standards adopted by the City Council;
(2)
That the design and location of the proposed development and its relationship to existing or proposed developments and traffic in the vicinity thereof is such that it will not impair the desirability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and enjoyment of existing or proposed developments in the vicinity thereof, and that it will not create traffic hazards or congestion;
(3)
That the design of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly, and attractive development contemplated by this ordinance and the general plan of the City;
(4)
That the design of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors;
(5)
That the proposed use complies with all applicable requirements of the zoning district in which it is located and all other applicable requirements; and
(6)
That the overall development of the subject property is designed to ensure the protection of the public health, safety, and general welfare.
(b)
Conditions. In approving a site plan review application, reasonable conditions may be imposed that are deemed necessary to implement the intent and purpose of the design and site development review procedure and to protect the public health, safety and general welfare.
(c)
Conformity of building permit plans to site plan review approval. Any application for a building permit subject to this section shall be reviewed by the Community Development Department for a determination as to whether such application conforms to the prior design and site development review approval by the Planning Commission. In order that such determination can be made, the building permit application shall incorporate the information and materials required by this section. No building permit shall be issued unless the Community Development Department determines that such permit conforms to such design and site development review approval.
(§ 5, Ord. 1119, eff. July 18, 2014)
§ 9-3.2321 Effective date and expiration.
(a)
Effective date. A site plan approval shall become effective after an elapsed period of 10 days from the date of the decision by the Planning Commission unless an appeal of the decision is filed pursuant to the appeals procedure provided in Part 6 of Article 23 of this chapter.
(b)
Time limit. A site plan review approval shall expire 24 months after the effective date of the approval, unless a building permit has been issued for the project. A site plan review approval shall expire upon expiration of a building permit which has been issued in accordance with this chapter.
(c)
Extensions. When an applicant desires an extension of a site plan review approval, and the approval is not coupled with a tentative tract map or parcel map, the provisions of Section 9-3.2311 shall apply. Notwithstanding the provisions of Section 9-3.2311, when an applicant desires to be granted an extension of a site plan review approval, and the approval is coupled with a tentative tract map or parcel map, the Planning Commission at its sole discretion may grant an extension of time not to exceed the life of the map including any extensions approved by the City or by state law. The application to file an extension for a site plan review approval must be filed on a form as provided by the City and must be completed and filed with the City prior to the expiration of said permit including any applicable processing fee.
(§ 5, Ord. 1119, eff. July 18, 2014, as amended by § 7, Ord. 1137, eff. October 2, 2015)
§ 9-3.2322 Administrative permits and use permits: Purpose.
The administrative permit and use permit processes provide for uses that cannot be readily classified as principally permitted uses in individual zones. Because of their unusual characteristics, these uses require special review and control so that they may be located and developed properly with respect to the objectives of this Code and to their effects on surrounding properties.
Land uses that require an administrative permit are less likely to have as great an impact on the neighborhood and are more similar to the zone's principally permitted uses than those land uses requiring a use permit. The review and granting of administrative permits and use permits shall be a discretionary administrative action.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 198, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)
§ 9-3.2323 Administrative permit: Review and notice.
The Planning Director shall review and evaluate administrative permit applications for conformance with the standards and criteria set forth in the pertinent sections of this Code.
(a)
Action. Upon completion of the review and evaluation of an application for an administrative permit, the Planning Director, or other appropriate authority shall either:
(1)
Make such findings or other determination as is required by the pertinent sections of this Code and approve the application; or
(2)
Notify the applicant of the changes and modifications required for approval of the application; or
(3)
Deny the administrative permit. The Planning Director authority shall deny the permit if:
(A)
The permit cannot be modified or conditioned adequately to insure compliance with applicable regulations, or
(B)
The application has caused sufficient controversy that the Planning Director believes a public hearing by the Planning Commission is appropriate, or
(C)
The proposed development will be incompatible, injurious, or a nuisance to surrounding properties, or the public health, safety, and general welfare.
(b)
Time period. Within 21 days of receipt of a complete application as acknowledged by the Planning Director for an administrative permit, the Planning Director shall take such action as is specified in subsection (a) of this section. This time limit shall not apply when an administrative permit application is made concurrently with an application for a conditional use permit, variance, special exception or zone change. The 21 day time period may be extended with the written consent of the applicant. If the Planning Director does not act within the specified time period or extension thereof, the application shall be deemed to have been denied.
(c)
Consent of surrounding property owners. If the Planning Director determines a proposed use may be objectionable to persons living or working in the vicinity of the subject site, he/she shall require one or both of the following procedures:
(1)
The Planning Director shall supply the applicant with the name and address of all property owners within three hundred (300′) feet or more of the parcel for which the application is made. He or she shall instruct the applicant to show the property owners maps, and whatever other information the Planning Director believes appropriate. The Planning Director shall direct the applicant to request the surrounding property owners to give their consent or objection to the proposed use as evidenced by their signature on a petition. The application shall not be considered complete and officially made until this consent petition is completed.
(2)
The Planning Director shall mail a notice, postage prepaid, to all persons whose names appear on the last adopted Assessor's roll of Merced County as owning property within three hundred (300′) feet or more of the parcel for which the application is made. Such notice shall identify the subject site, describe the proposed project, and define the manner and time within which written comments may be submitted to the Planning Director on said use. The Planning Director shall consider such written comments in evaluating the use and prior to taking action on the application.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 199, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)
§ 9-3.2324 Administrative permit: Relationship to other applications.
If an application for an administrative permit is submitted concurrently with another discretionary permit or zone change related to the same property, then the administrative permit shall be decided by the body having jurisdiction over the other application, and shall be reviewed and decided concurrently with such other application. A use permit may include authorization for any use, structure, or action for which an administrative permit is required, in which case no administrative permit is required.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)
§ 9-3.2325 Use permits: Hearing and notice.
All applications for granting a use permit and all actions to revoke or modify a use permit shall be heard at a public hearing noticed as provided for by this Code.
Following the hearing on an application for granting a use permit, the Planning Commission shall by resolution deny the use permit or shall grant or modify the use permit subject to specified conditions as may be imposed.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)
§ 9-3.2326 Use permits: Required findings.
(a)
Before any use permit may be granted, the Planning Commission shall make the following findings:
(1)
That the proposed use and project is consistent with the City of Los Banos general plan, and this Code;
(2)
That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;
(3)
That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
(b)
Required findings for on-sale and off-sale alcoholic beverages. A use permit is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale. Such use permit may be granted only upon a determination that the proposal conforms to the general use permit criteria set forth in subsection (a) of this section and to all of the following use permit criteria.
(1)
That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;
(2)
That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;
(3)
That the proposal will not interfere with the movement of people along an important pedestrian street; and
(4)
That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed and operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 201, Ord. 1095, eff. November 20, 2010, and §§ 2, 3, Ord. 1119, eff. July 18, 2014)
§ 9-3.2327 Variances: Purpose.
Variances from the terms of this Code may be granted only when application of this Code uniformly for an area more stringently burdens one parcel of land than others without serving the public good. For example, a triangular shaped parcel or parcel crossed by a deep ravine may qualify for a variance from a yard setback because strict application of this Code would make the lot unusable. Such special circumstances are rare. Variances are not granted in mass, or in a manner that leads to another so that eventually there is a cumulative adverse effect on the zone district. A variance is not to confer special privileges (i.e., it is only to relieve hardship, not to confer benefits) that are not enjoyed by neighboring properties under identical zoning. The hardship being relieved by a variance should not be self-induced (i.e., by the applicant's choice of building design, or the applicant's construction of a building in violation of this Code). A variance shall not be used to attempt to correct or circumvent the requirements of this Code which should be properly corrected through ordinance amendment or zone change.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)
§ 9-3.2328 Variances: Review and notice.
All applications for granting a variance and all actions to revoke a variance shall be heard at a public hearing noticed as provided for by the Code. Following the hearing on an application for granting a variance, the Planning Commission by resolution shall grant the variance subject to specified conditions as may be imposed or shall deny the variance.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)
§ 9-3.2329 Variances: Required findings.
Before any variance shall be granted, the granting authority shall find that:
(a)
Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Code deprives such property of privileges enjoyed by the other property in the vicinity and under identical zoning classifications;
(b)
The granting of the variance is subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant or special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;
(c)
The variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulations governing the parcel of property;
(d)
That the granting of the variance would not be contrary to the intent of this chapter or to the public safety, health, and welfare; and
(e)
That granting the variance or its modifications will not be inconsistent with the City of Los Banos general plan.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)
§ 9-3.2330 Appeals: Purpose.
(a)
The purpose of this part is to provide an orderly and fair method of appeal, rehearing or review of administrative decisions of the Planning Commission, or Community and Economic Development Director, relating to the provisions of this chapter. However, this part shall not apply where other specific procedures for appeal, rehearing, or review are established by other provisions of the Municipal Code.
(b)
Any interested person adversely affected with an act, decision, or determination of the Planning Commission, or Community and Economic Development Director, relating to the provisions of this chapter, may appeal such act, decision, or determination by filing written notice thereof with the Community and Economic Development Director, or with the Clerk of the City of Los Banos (in the case of an appeal of a Planning Commission decision), not later than 5:00 p.m. 10 days after the day on which the act, decision, or determination being appealed was made. If such date falls on a weekend or City holiday, then the deadline shall be extended until 5:00 p.m. the next business day. The first day of the appeal period is the day following the action. A filing fee set by resolution of the City Council shall accompany the notice of appeal.
(c)
The filing of the notice of appeal shall have the effect of staying the issuance of any permit, license, or entitlement until such time as the matter is disposed of on appeal.
(d)
The notice of appeal shall state the act, decision, or determination which is being appealed, the identity of the appellant and his or her interest in the matter, and shall set forth in concise statement the reasons which, in the opinion of the appellant, render the decision made unjustified or inappropriate.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, § 3, Ord. 1119, eff. July 18, 2014, and § 1, Ord. 1137, eff. October 2, 2015)
§ 9-3.2331 Appeals to the Planning Commission.
(a)
The Planning Commission shall hear and decide all appeals from the actions of the Community and Economic Development Director, relating to the provisions of this chapter. Upon receipt of a notice of appeal to be heard by the Planning Commission, the Community and Economic Development Director shall set the same for hearing not later than 30 days following the date the notice of appeal was filed. Notice of the hearing shall be given in the same manner as was given for the hearing in which the decision was rendered and which is subject to appeal; provided, however, that if the act, decision, or determination being appealed did not require a hearing notice, no notice other than 10 days' prior notice to the appellant and applicant shall be required.
(b)
The Planning Commission may review the entire proceeding or proceedings relating to the act, decision, or determination being appealed, and in the process of such review may rehear the matter anew (de novo) and may by majority vote confirm, overturn, or confirm with modifications the actions of the Community and Economic Development Director. Any hearing may be continued from time to time. In the case of a tie vote, the decision appealed from shall stand. The Planning Commission's decision on appeal shall be effective 10 days from the date of the decision.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, § 3, Ord. 1119, eff. July 18, 2014, and § 2, Ord. 1137, eff. October 2, 2015)
§ 9-3.2332 Appeals to the City Council.
(a)
The City Council shall hear and decide all appeals from the actions of the Planning Commission relating to the provisions of this chapter. Upon receipt of a notice of appeal of a decision of the Planning Commission, the Clerk of the City of Los Banos shall set the same for hearing, not later than 30 days following the date the notice of appeal was filed. Notice of the hearing shall be given in the same manner as was given for the hearing in which the decision was rendered and which is subject to the appeal; provided, however, that if the act, decision, or determination being appealed did not require a hearing notice, no notice other than 10 days' prior notice to the appellant and applicant shall be required.
(b)
The City Council may review the entire proceeding held before the Planning Commission and in the process of such review may rehear the matter anew (de novo), and may by majority vote confirm, overturn, or confirm with modifications the actions of the Planning Commission. In the case of a tie vote, the decision appealed from shall stand. Any hearing may be continued from time to time. The City Council's decision on appeal shall be effective immediately.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, § 3, Ord. 1119, eff. July 18, 2014, and § 3, Ord. 1137, eff. October 2, 2015)
§ 9-3.2333 Limitation of actions.
Any court action or proceeding to attack, review, set aside, void, or annul any decision of matters listed in this Code, shall not be maintained by any person unless such action or proceeding is commenced and service of summons effected within 30 days after the effective date of such decision. Thereafter, all persons are barred from any such action or proceeding.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)
§ 9-3.2334 Notice of decision.
Following the hearing on the appeal, the Planning Director shall transmit a notice of the decision of the granting authority to the appellant and the applicant and a copy of said notice shall be kept in the Planning Department office.
(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 202, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)
§ 9-3.2335 Application eligibility criteria.
(a)
Any land requested to be annexed must be contiguous with existing City limits, within the Urban Growth Boundary, and within the Sphere of Influence.
(b)
Annexation must be consistent with the policies of the City's general plan and all appropriate City development standards and must be processed under an application for a specific plan funded fully by the applicant that includes zoning for the subject area and that may also include a development agreement.
(c)
Existing ground water infrastructure must remain with the land and be transferred to the City upon annexation; no new wells or septic systems shall be allowed. Water supplies controlled by special water districts will remain with the special district.
(§ 5, Ord. 1201, eff. December 2, 2022)
§ 9-3.2336 Findings necessary for approval.
(a)
Adequate City utilities and public safety services must be able to be provided.
(b)
The new development must fully fund construction of all improvements needed both on and off site to mitigate its impacts on public safety services, utility and transportation infrastructure, and parks, recreation and educational facilities.
(c)
Upon annexation, the land must be detached from a special water district according to the policies of that district.
(§ 5, Ord. 1201, eff. December 2, 2022)
§ 9-3.2337 Specific plan contents.
(a)
All specific plans shall include:
(1)
Location and extent of land uses, including standards for land use intensity, and transportation routes, including precise alignment of streets, bikeways and sidewalks.
(2)
Design standards for public arterials, collectors and local streets that address street widths and lane configurations, landscaping and street trees, and the location of sidewalks, crosswalks and pedestrian amenities, as well as bike routes and on-street parking.
(3)
Location and specifications for sewer, water and drainage facilities needed to serve new development consistent with City infrastructure master plans.
(4)
Location and financing of parks, trails, schools and other public and quasi-public facilities.
(5)
Design standards for all new buildings and public and private improvements, including landscaping, park layout and improvement, neighborhood identification signs and monuments, and walls and fences.
(6)
Phasing plans that require areas closest to existing urban development to be developed first and include and timing of improvements needed to fully mitigate impacts to public services or facilities.
(7)
Provisions for minimizing conflicts between new development and agricultural uses.
(8)
Fiscal analysis of the effect of the development on the City's general fund and means for funding needed additional public services and facilities.
(b)
Specific plans for areas with residential uses shall also include:
(1)
A range and locational mix of housing types that promotes social and economic integration.
(2)
A connected street pattern.
(3)
Drainage facilities that utilize green infrastructure or are designed as natural waterways wherever possible and consistent with public safety considerations.
(4)
A system of pedestrian trails or pathways and linear open-space corridors that link residents to parks, schools, downtown, shopping areas, and employment centers.
(5)
Sites and funding for school facilities needed to meet the demand created by the proposed development.
(§ 5, Ord. 1201, eff. December 2, 2022)