Manteca City Zoning Code
ARTICLE I
ZONING CODE ESTABLISHMENT, ADMINISTRATION, AND ENTITLEMENTS
§ 17.02.010 Title and Authority.
A.
Title. This Title shall be known and cited as the "Manteca Zoning Ordinance," the "Zoning Ordinance," the "Manteca Zoning Code," "this Ordinance," "this Code" or "this Title."
B.
Authority. This Zoning Title is adopted pursuant to the authority vested in the City of Manteca by the State of California, including, but not limited to, Article XI, Section 7 of the Constitution of the State of California, the Planning and Zoning Law (Government Code Sections 65000 et seq.), the Subdivision Map Act (California Government Code Sections 66410 et seq.), and the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.).
(Ord. 1501 § 1, 2011)
§ 17.02.020 Purpose and Intent of the Zoning Ordinance.
A.
Purpose. The purpose of the Zoning Ordinance is to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare as well as to set forth and coordinate City regulations governing the development and use of land in accordance with the City of Manteca General Plan. More specifically, the Zoning Ordinance is adopted in order to achieve the following objectives:
1.
To provide a precise guide for the physical development of the City in such a manner as to progressively achieve the arrangement of land uses depicted in the Manteca General Plan consistent with the goals and policies of the General Plan;
2.
To facilitate prompt review of development proposals and provide for public information, review, and comment on development proposals;
3.
To foster a harmonious, convenient, and workable relationship among land uses to help ensure the provision of adequate water, sewer, transportation, off-street parking and off-street loading facilities, drainage, parks, open space, and other public and community facilities and institutions;
4.
To promote the stability of existing land uses that conform with the General Plan and to protect them from inharmonious influences and harmful intrusions;
5.
To ensure that public and private lands are ultimately used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole;
6.
To protect and enhance real property values;
7.
To ensure compatibility between residential and nonresidential development and land uses;
8.
To conserve and protect the City's natural resources and features, such as creeks, significant trees, and historic and environmental resources;
9.
To safeguard and enhance the appearance of the City and its established character and the social and economic stability of agricultural, residential, commercial, industrial, and other types of improved areas.
B.
Intent. This Zoning Ordinance is intended to:
1.
Apply to all private, public, quasi-public, institutional, and public utility properties, and all other lands, buildings, and structures within the incorporated area of the City.
2.
Be consistent with the provisions of Government Code Section 65920 et seq. (the Permit Streamlining Act). Nothing in this Title shall be interpreted as imposing time limits on actions taken by the decision-making body pursuant to this title that are legislative in nature or that require both adjudicatory and legislative judgments.
3.
Indicate the nature of prezoning and future zoning of lands beyond the City limits in the City's Sphere of Influence.
(Ord. 1501 § 1, 2011)
§ 17.02.030 Applicability.
This Title shall apply, to the extent permitted by law, to all property in incorporated Manteca, whether owned by private persons, firms, corporations, or organizations; by the United States or any of its agencies; by the state or any of its agencies or political subdivisions; by any county or city, including the City of Manteca; or by any authority or public entity organized under the laws of the state. Any governmental agency shall be exempt from the provisions of this Title only to the extent that such property may not be lawfully regulated by the City.
A.
Relationship to Prior Ordinance. The provisions of this Title, as it existed prior to the effective date of the ordinance enacting this Title (Ordinance No. 940), are repealed and superseded as provided in Ordinance No. 1501. No provision of this Title shall validate or legalize any land use or structure established, constructed, or maintained in violation of the Title as it existed prior to its repeal by Ordinance No. 1501.
B.
Prior Rights and Violations. The enactment of this Title shall not terminate or otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance, nor shall violation of a prior ordinance be excused by the adoption of this Title.
C.
New Land Uses or Structures. It shall be unlawful and a violation of the Manteca Municipal Code for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of this Title.
D.
Continuation of an Existing Land Use or Structure. It is unlawful and a violation of the Municipal Code for anyone to use a parcel or structure in a manner that violates any provision of this Title. However, a land use that was lawfully established before this Title was enacted, or before enactment of any applicable amendment to this Title, may continue except as provided in Chapter 17.12 (Nonconforming Uses and Structures). No expansion or modification to a pre-existing legal nonconforming use or structure shall be permitted except as allowed by Chapter 17.12 (Nonconforming Uses and Structures).
E.
Subdivisions. Any subdivision of land proposed within the City after the effective date of this Zoning Ordinance shall be consistent with the minimum lot size requirements of Article II (Zoning Districts, Allowed Uses, and Development Standards), the subdivision requirements of the City of Manteca Subdivision Code (Title 16 of this Municipal Code), and all other applicable requirements of this Zoning Ordinance.
F.
Effect of Zoning Ordinance Changes on Pending Applications. The enactment of this Ordinance or amendments to its requirements may have the effect of imposing different standards on new land uses, development, and/or structures than those that applied to existing land uses, development, and/or structures. Following the effective date of this Ordinance, or any amendments to this Ordinance, the following provisions shall apply:
1.
Pending Applications. All land use permit applications that have been determined by the Community Development Department to be complete before the effective date of this Ordinance, or any amendment, will be processed according to the regulations in effect when the application was accepted as complete.
2.
Approved Projects Not Yet Under Construction. Any structure authorized by a Conditional Use Permit, Site Development Review, Temporary Use Permit, or Variance, for which construction has not begun as of the effective date of this Ordinance, or any amendment, may still be constructed in compliance with the approved permit, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension.
3.
Projects Under Construction. A structure that is under construction pursuant to a valid building permit on the effective date of this Ordinance, or any amendment, may be completed and need not be changed to satisfy any new or different requirements of this Ordinance as long as construction is beyond the approval of the first inspection on the effective date of this Ordinance, or any amendment, and provided that construction is diligently prosecuted to completion. Such a structure shall be deemed to be a lawfully existing building.
G.
Conflicting Requirements. Wherever conflict occurs between the provisions of this Title and any other provision of law, the more restrictive of any such provisions shall apply.
1.
Zoning Code and Municipal Code Provisions. If conflicts occur between requirements of this Zoning Code, or between this Zoning Code, the Municipal Code, or other plans and policies adopted by the City, the most restrictive shall apply.
2.
General Plan. If conflict occurs between the requirements of this Zoning Code and the adopted City General Plan, the requirements of the General Plan shall govern.
3.
Specific Plan. If conflicts occur between the requirements of this Zoning Code and any adopted City Specific Plan, the requirements of the Specific Plan shall govern.
4.
Private Agreements. This Zoning Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction (for example, CC&Rs) without affecting the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
H.
Other Requirements/Permits. Nothing in this Zoning Ordinance eliminates the need for obtaining any other permits required by the City, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency.
I.
Public Nuisance. Neither the provisions of this Title nor the approval of any permit authorized by this Title shall authorize the maintenance of any public nuisance as defined in this Municipal Code (also see Section 17.14.040, Violations, Abatement, Penalties, and Remedies).
J.
Severability, Partial Invalidation of Zoning Ordinance. If any portion of this Title is for any reason held by a court of competent jurisdiction to be invalid, unconstitutional, or unenforceable, such decision shall not affect the validity of the remaining portions of this Title. The City Council hereby declares that this Title and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted, irrespective of the fact that one or more portions of this Title may be declared invalid, unconstitutional, or unenforceable.
(Ord. 1501 § 1, 2011)
§ 17.02.040 Exemptions from Zoning Ordinance Requirements.
The following activities, land uses, structures, and/or site improvements are exempt from the permit requirements of this Zoning Ordinance, but are not exempt from the California Environmental Quality Act (CEQA) or any requirements resulting from City implementation of the Act, unless specifically exempted from CEQA:
A.
Governmental Facilities. A building or structure owned, operated, or occupied by a governmental agency to provide governmental service to the public and actions prescribed by Federal and/or State law shall be exempt from this Code.
B.
Civic Improvements and Structures. Site selection and construction of civic improvements and structures, including roadways; water, sewer and storm water management systems improvements; park development and improvements; civic buildings as well as accessory and adjunctive buildings and structures to support said improvements erected by a government agency; contractor with a valid contract with a governmental agency for construction of such improvements shall be exempt from this Code.
C.
Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities (i.e., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc.), but not including structures (e.g., substations), shall be permitted in any zoning district without limit as to height, provided that the route of any electrical transmission line(s) shall be subject to Planning Commission review and approval prior to acquisition of rights-of-way. Satellite and cellular telephone antennas are subject to Chapter 17.88, Wireless Telecommunication Facilities.
D.
Local, State or National Disasters. Pursuant to Section 2.44.060(A)(5) of the Municipal Code, during a declared local, State or National Disaster, all projects, measures and operations considered as essential services to the public health, safety and welfare as determined by the Emergency Director shall be exempt from the provisions of this Code.
(Ord. O2020-03 § 2)
§ 17.04.010 Purpose.
The purpose of this Chapter is to specify the authority and procedures for clarification of ambiguity in the regulations of this Title in order to ensure consistent interpretation and application.
(Ord. 1501 § 1, 2011)
§ 17.04.020 Applicability and Authority for Interpretations.
A.
This Zoning Code is enacted based on the authority vested in the City of Manteca by the State of California, including, but not limited to, the State Constitution, the Planning and Zoning Law (Government Code Section 65000 et seq.) and the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).
B.
If questions arise concerning the meaning or applicability of the provisions of this Title, it shall be the responsibility of the Community Development Director to review pertinent facts, determine the intent of the provision, and issue an administrative interpretation of said provision(s) as specified in this Chapter.
(Ord. 1501 § 1, 2011)
§ 17.04.030 Rules of Interpretation.
A.
Zoning Boundaries. Where uncertainty exists with respect to the boundaries of the various zones as shown on the Zoning Map, the provisions of Chapter 17.20 (Establishment of Zoning Districts and Land Use Classification System) shall apply.
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 unless, per the provisions of Section 17.10.040 (Similar Use Determination), the use is determined to be similar to a listed use or use category.
C.
Conflicting Requirements. The regulations of this Title and requirements or conditions imposed pursuant to this Title shall not supersede any other regulations or requirements adopted or imposed by the City Council, any board, commission, or department of the City, or any other local, state, or federal agency that has jurisdiction by law over uses and development authorized by this Title. All uses and development authorized by this Title shall comply with all other such regulations and requirements. Where two or more ordinances regulate the same use or activity, the more restrictive ordinance shall apply.
D.
Private Agreements. This Zoning Ordinance applies to all land uses and development, but may not affect private agreements or restrictions in the use of land or development of structures. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
E.
General Terminology. When used in this Title, the following rules apply to all provisions of this Title.
1.
Language and Conjunctions.
a.
The word "City" refers to the City of Manteca.
b.
The phrase "Community Development Director" refers to the City of Manteca Community Development Director and his or her designee.
c.
The words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but strongly recommended, and "may" is permissive.
d.
The word "building" includes the word "structure."
e.
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,..."
2.
Gender. Each gender includes the masculine, feminine, and neutral genders.
3.
Tense and Number. Words used in the present tense include past and future and vice versa, unless manifestly inapplicable. Words in the singular include the plural, and words in the plural include the singular.
4.
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. The term "holiday" or "City holiday" shall mean any day other than the weekend when the City offices are closed for the entire day.
F.
Minimum Requirements. When interpreting and applying the regulations of this Title, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.
G.
Calculations – Rounding. Where any provision of this Code requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down).
(Ord. 1501 § 1, 2011)
§ 17.04.040 Record of Interpretation.
A.
Official Interpretation. Whenever the Community Development Director determines that an ambiguity in a zoning regulation exists or when an applicant, property owner, or interested party requests, the Community Development 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. The Community Development Director shall make an interpretation based on his or her judgment and understanding of the current Code. All official interpretations shall be maintained in the Community Development Department for public review and shall be provided to the requestor including information regarding the City's appeal procedures, as appropriate.
B.
Amendment. Any provision determined by the Community Development Director to be ambiguous or conflicting pursuant to this Chapter shall be clarified by amendment to the Zoning Code as soon as is practical.
(Ord. 1501 § 1, 2011)
§ 17.04.050 Appeals.
Appeal of the Community Development Director for official interpretations shall be made in accordance with the procedures specified in Section 17.08.070 (Appeals).
(Ord. 1501 § 1, 2011)
§ 17.06.010 Purpose.
The purpose of this Chapter is to establish the authority and responsibilities of the officials and bodies charged with administration of the Zoning Code.
(Ord. 1501 § 1, 2011)
§ 17.06.020 Responsibilities for Administration.
This Zoning Code shall be administered by the Manteca City Council, the Planning Commission, the City Manager, the Zoning Administrator, and the Community Development Director. For the purposes of this Title, the Community Development Director shall be the City's designated Zoning Administrator.
(Ord. 1501 § 1, 2011)
§ 17.06.030 Responsibilities of the City Council.
A.
Approve Mayor's appointments of members of the Planning Commission.
B.
Review appeals of Planning Commission decisions.
C.
Make final decisions on applications for land use entitlements as listed in Table 17.08.060-1 (Approving Authority for Land Use Entitlements).
D.
Initiate plans, plan amendments, and studies related to City land use policy and processes.
E.
Exercise such other powers and duties as prescribed by state law or local ordinance.
(Ord. 1501 § 1, 2011)
§ 17.06.040 Responsibilities of the Planning Commission.
A.
Review appeals of Community Development Director (Zoning Administrator) decisions.
B.
Make final decisions on applications for land use entitlements as listed in Table 17.08.060-1 (Approving Authority for Land Use Entitlements).
C.
Make recommendations to the City Council on land use decisions as listed in Table 17.08.060-1 (Approving Authority for Land Use Entitlements).
D.
Initiate amendments to the General Plan or this Zoning Code.
E.
Exercise such other powers and duties as prescribed by state law or local ordinance, or as directed by the City Council.
(Ord. 1501 § 1, 2011)
§ 17.06.050 Responsibilities of the City Manager.
§ 17.06.060 Responsibilities of the Community Development Director.
A.
The Community Development Director or his/her designee shall serve as the Zoning Administrator pursuant to Government Code Section 65900. If there is no Community Development Director, the Planning Manager, or as otherwise designated by the City Manager, shall serve as the Zoning Administrator.
B.
Oversee the comprehensive application of this Title, the Zoning Map, and all records of zoning actions and interpretations.
C.
Advise the City Council, Planning Commission, and City Manager on planning matters.
D.
Decide and issue administrative entitlements as listed in Table 17.08.060-1 (Approving Authority for Land Use Entitlements).
E.
Exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the Planning Commission, City Council, or City Manager.
(Ord. 1501 § 1, 2011)
§ 17.08.010 Purpose.
The purpose of this Chapter is to establish review and approval procedures for the processing of planning and development applications and requests provided for by this Title. Development standards and conditions for the approval of land use entitlements are contained in the appropriate chapters of this Title.
(Ord. 1501 § 1, 2011)
§ 17.08.020 Application and Fee.
A.
Application. Applications pertaining to this Title shall be submitted in writing to the Community Development Director on a completed form designated for the particular request. Every application shall include applicant signature(s), agent authorization as appropriate, and the fee established by the City Council pursuant to Subsection 17.08.020(B) (Fee) of this Title to cover the cost of processing. Applications shall be submitted together with all plans, maps, and data about the project development, project site, and vicinity deemed necessary by the Community Development Director to provide the Approving Authority the adequate information on which to base decisions. Each application form lists the necessary submittal materials for that particular type of permit. The application shall contain all the information specified for the application by the Community Development Director. The application shall be accompanied by the fee established by the City Council.
B.
Fee. The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the various applications authorized or required by this Title. All fees shall be paid at the time an application is filed, and no processing shall commence until the fee is paid in full.
(Ord. 1501 § 1, 2011)
§ 17.08.030 Determination of Completeness for Discretionary Projects.
A.
Application Completeness. Within 30 days of application submittal, the Community Development Director shall determine whether or not the application for a discretionary project is complete. The Community Development Director shall notify the applicant, in writing, of the determination that either:
1.
All the submittal requirements have been satisfied and the application has been accepted as complete.
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.
B.
Application Completeness without Notification. If the written determination is not made within 30 days after receipt, the application shall be deemed complete for purposes of this Chapter.
C.
Resubmittal. Upon receipt and resubmittal of any incomplete application, a new 30-day period for all other applications shall begin during which the Community Development Director shall determine the completeness of the application. Application completeness shall be determined and noticed as specified in Subsection 17.08.030(A) (Application Completeness).
D.
Incomplete Application. If additional information or submittals are required and the application is not made complete within six 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, as determined by the Community Development Director, will be returned to the applicant. 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 Section 17.08.020 (Application and Fee).
(Ord. 1501 § 1, 2011)
§ 17.08.040 Application Review and Report.
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). The Community Development Director will consult with other departments as appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans. The Community Development Director will prepare a report (the staff report) to the designated Approving Authority describing the project, along with a recommendation to approve, conditionally approve, deny the application, or deny the application without prejudice. The report shall be provided to the applicant and property owner at the same time as it is provided to the Approving Authority prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is due.
(Ord. 1501 § 1, 2011)
§ 17.08.050 Public Hearing and Public Notice.
A.
Public Hearing Required. The following procedures shall govern the notice and public hearing, where required pursuant to this Title. A public hearing shall be held for the consideration of all Major Use Permits, Major Site Plan and Design Reviews, Variances, Planned Developments, Development Agreements, Specific Plans, Master Plans, prezonings, subsequent amendments to the Zoning Code (text and map) and General Plan, and Minor Zone and Plan Modifications by the Planning Commission or City Council.
B.
Notice of Hearing. Pursuant to California Government Code Sections 65090 through 65094, not less than 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, and provide 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 public hearing shall be published in at least one newspaper of general circulation in the city.
2.
Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 500 feet 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 latest equalized assessment roll. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at least 1/8 page in one newspaper of general circulation within the City.
3.
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, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project.
4.
Notice of the public hearing shall be posted at City Hall.
5.
Notice of the public hearing shall be mailed to any person who has filed a written request for notice.
C.
Requests for Notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Community Development Director. The City may impose a reasonable fee for the purpose of recovering the cost of such notification.
D.
Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing 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.
E.
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 Approving Authority, as identified in Table 17.08.060-1 (Approving Authority for Land Use Entitlements), 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 to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed.
(Ord. 1501 § 1, 2011; Ord. O2022-07 § 1)
§ 17.08.060 Approving Authority.
A.
Approving Authority. The Approving Authority as designated in Table 17.08.060-1 (Approving Authority for Land Use Entitlements) shall approve, conditionally approve, or deny the proposed land use entitlement, or deny without prejudice the proposed land use entitlement in accordance with the requirements of this Title. Table 17.08.060-1 (Approving Authority for Land Use Entitlements) identifies both recommending (R) and final (F) authorities for each land use entitlement. In acting on a land use entitlement, the Approving Authority shall make the applicable findings as established in Chapter 17.10 (Entitlements) 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 17.08.070 (Appeals).
B.
Multiple Land Use Entitlements. When a proposed project requires more than one land use entitlement with more than one Approving Authority, all project land use entitlements shall be processed concurrently and final action shall be taken by the highest-level designated Approving Authority for all such requested land use entitlements.
TABLE 17.08.060-1 APPROVING AUTHORITY FOR LAND USE ENTITLEMENTS | |||
|---|---|---|---|
Type of Land Use Entitlement | Designated Approving Authority1 "R" symbolizes the Recommending Body "F" symbolizes the Final Decision-Making Body | ||
Community Development Director | Planning Commission | City Council | |
Zoning Conformance | F | ||
Similar Use Determination | F | ||
Reasonable Accommodations | F | ||
Site Plan and Design Review (Minor) | F | ||
Site Plan and Design Review (Major) | R | F | |
Minor Use Permit | F | ||
Conditional Use Permit | R | F | |
Temporary Use Permit | F | ||
Master Sign Program | F | ||
Minor Zone Modification | F2 | F2 | |
Minor Plan Modification | F2 | F2 | |
Variance | R | F | |
Planned Development | R | R | F |
Development Agreement | R | R | F |
Specific Plan | R | R | F |
Master Plan | R | R | F |
Prezoning | R | R | F |
Zoning Amendment (Text and Map) | R | R | F |
General Plan Amendment (Text and Map) | R | R | F |
Conditional Use Permits for Cannabis Retailers | R | F | |
Notes: | |
|---|---|
1. | All listed actions are subject to appeal pursuant to Section 17.08.070 (Appeals). |
2. | Final decision-making body is the same as the original decision-making body for original plan proposed for modification. |
(Ord. 1501 § 1, 2011; Ord. O2021-16 § 3)
§ 17.08.070 Appeals.
A.
Purpose and Applicability. The purpose of these provisions is to prescribe the procedure through which an appeal may be made in case an interested person is dissatisfied with any order, requirement, permit, decision, determination, approval, or disapproval, made in the administration, interpretation, or enforcement of this title.
B.
Appeal Authority. Any person dissatisfied with a determination or action of the Community Development Director or Planning Commission made pursuant to this Article may appeal such action to the designated Appeal Authority listed in Table 17.08.070-2 (Appeal Authority) below, within 10 days from the date of the action. Actions by the City Council are final, and no further administrative appeals are available.
TABLE 17.08.070-2 APPEAL AUTHORITY | ||
|---|---|---|
Approving Authority for Action Being Appealed | Appeal Authority | |
Planning Commission | City Council | |
Community Development Director | X | |
Planning Commission | X | |
C.
Filing an Appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within 10 days from, but not including, 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 Community Development Director. The filing of an appeal shall stay the issuance of any necessary subsequent permit(s) associated with any right or entitlement that will be the subject of the appeal.
1.
Appeal of Community Development Director Decision
a.
The applicant or any other person may appeal such decision by filing a written notice of appeal with the Community Development Director prior to the time the decision becomes final. The Community Development Director shall furnish forms of notice of appeal.
b.
The Planning Commission may appeal a decision made by the Community Development Director by filing a written notice of appeal with the City Clerk prior to the time the decision becomes final.
2.
Appeal of Planning Commission Decision
a.
The applicant or any other person aggrieved may appeal such decision by filing a written notice of appeal with the Community Development Director prior to the time the decision becomes final.
b.
The City Council may appeal a decision made by the Planning Commission by filing a written notice of appeal with the City Clerk prior to the time the decision becomes final.
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 45 days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 17.08.050 (Public Hearing and Public Notice).
E.
Appeal Hearing and Action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the Appeal Authority shall state the basis for its action. Only such evidence and plans as were submitted to and ruled upon by the Approving Authority may be provided to the Appeal Authority for review. The Appeal Authority may act to confirm, modify, or reverse the action of the Approving Authority, in whole or in part, or add or amend such conditions as it deems necessary. The action of the Appeal Authority is final on the date of decision and, unless expressly provided by this Chapter, may not be further appealed.
(Ord. 1501 § 1, 2011)
§ 17.08.080 Effective Date.
Generally, the action to approve, conditionally approve, deny, or deny without prejudice a permit or entitlement authorized by this Title shall be effective on the 11th day after the date of action, immediately following expiration of the 10-day appeal period. Legislative actions by the City Council become effective 30 days from the date of final action and may not be appealed. In accordance with Section 17.04.030 (Rules of Interpretation), 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. Entitlement(s) shall not be issued until the effective date of the required permit.
(Ord. 1501 § 1, 2011)
§ 17.08.090 Denial without Prejudice.
If the application is denied without prejudice, the applicant may reapply for substantially the same request without complying with the time limit prescribed in Section 17.08.100 (New Application).
(Ord. 1501 § 1, 2011)
§ 17.08.100 New Application.
Following a denied or prejudicially denied land use entitlement application, no application for a land use entitlement for the same or substantially the same land use entitlement on the same site shall be filed within one year from the date of denial of the land use entitlement, unless it can be shown that there has been a change in the property or environs substantially affecting the land use entitlement.
(Ord. 1501 § 1, 2011)
§ 17.08.110 Approvals to Run with Land.
Unless otherwise conditioned, land use entitlements granted pursuant to the provisions of this Chapter shall run with the land through any change of ownership of the site, business, service, use, or structures, provided that such use is compliant with this Title or as specified in the land use entitlement, and the land use entitlement does not expire. All applicable conditions of approval shall continue to apply after a change in property ownership.
(Ord. 1501 § 1, 2011)
§ 17.08.120 Time Limits and Extensions.
A.
Time Limits. Unless a condition of approval or other provision of this Title establishes a different time limit, any permit not exercised within two years of approval shall expire and become void, except where an extension of time is approved in compliance with Subsection 17.08.120(C) (Permit Extensions) below.
B.
Exercising Approvals. The exercise of a land use entitlement occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s) to the satisfaction of the Community Development Director. A land use entitlement may be otherwise exercised pursuant to a condition of the land use entitlement or corresponding legal agreement that specifies that other substantial efforts or expenditures constitute exercise of the land use entitlement. Unless otherwise provided, land use entitlements that have not been exercised prior to a Zoning Amendment that would make the permitted use or structure nonconforming shall automatically be deemed invalid on the effective date of the Zoning Amendment.
C.
Permit Extensions. The approval of an extension extends the expiration date for one year from the original two-year time limit described in this Section. A one-year extension of time may be granted pursuant to the same process as set forth in this Section.
1.
Process. The same Approving Authority that granted the original land use entitlement may extend the period within which the exercise of a land use entitlement must occur. Notice and/or public hearing shall be provided in the same manner as for the original land use entitlement. An application for extension shall be filed not less than 30 days prior to the expiration date of the land use entitlement, along with appropriate fees as adopted by the City Council by resolution and necessary submittal materials listed on the application form of the appropriate land use entitlement application.
2.
Conditions. The land use entitlement, as extended, may be conditioned to comply with any development standards that may have been enacted since the land use entitlement was initially approved.
3.
Land Use Entitlement Extension Findings. The extension may be granted only when the designated Approving Authority finds that the original land use entitlement findings can be made and there are changed circumstances or there has been diligent pursuit to exercise the land use entitlement that warrants such extension.
(Ord. 1501 § 1, 2011)
§ 17.08.130 Modification.
A.
Any person holding a land use entitlement granted under this Title may request a modification or amendment to that land use entitlement. For the purpose of this Section, the modification of a land use entitlement may include modification of the terms of the land use entitlement itself, project design, or the waiver or alteration of conditions imposed in the granting of the land use entitlement.
B.
If the Community Development Director determines that a proposed project action is not in substantial conformance with the original approval, the Community Development Director shall notify the property owner of the requirement to submit an application for consideration and action by the same Approving Authority as the original land use entitlement. A modification to the land use entitlement 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. 1501 § 1, 2011)
§ 17.08.140 Revocation of Previously Approved Entitlement.
This Section provides procedures for the revocation of previously approved land use entitlements.
A.
Consideration. The Approving Authority for the original land use entitlement shall consider the revocation of same land use entitlement.
B.
Noticed Public Hearing. The decision to revoke a land use entitlement granted pursuant to the provisions of this Title shall be considered at a noticed public hearing. Public notice shall be provided and public hearing conducted pursuant to Section 17.08.050 (Public Hearing and Public Notice).
C.
Findings. A decision to revoke a land use entitlement may be made if any one of the following findings can be made:
1.
Circumstances under which the land use entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original land use entitlement can no longer be met.
2.
The land use entitlement was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the land use entitlement.
3.
One or more of the conditions of the land use entitlement have not been substantially fulfilled or have been violated.
4.
The use or structure for which the land use entitlement was granted has ceased to exist or has lost its legal nonconforming use status.
5.
The improvement authorized in compliance with the land use entitlement is in violation of any code, law, ordinance, regulation, or statute.
6.
The improvement/use allowed by the land use entitlement has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a public nuisance.
(Ord. 1501 § 1, 2011)
§ 17.10.010 Purpose.
The purpose of this Chapter is to establish procedures for administering all planning- and zoning-related land use entitlements required and regulated by the City in accordance with this Title.
(Ord. 1501 § 1, 2011)
§ 17.10.020 Applicability.
Each land use entitlement is described in this Chapter in terms of purpose and applicability, Approving Authority, and unique processing provisions. Exemptions to permit requirements are listed throughout this Title. General processing procedures are established in Chapter 17.08 (General Application Processing Procedures). Provisions for Tentative Maps, Parcel Maps, and Final Maps are identified in Title 16 of this Municipal Code.
(Ord. 1501 § 1, 2011)
§ 17.10.030 Zoning Conformance Approval.
A.
Purpose. The purpose of the Zoning Conformance Approval is to ensure that all new and modified uses and structures comply with applicable provisions of this Title, using simple administrative plan check procedures.
C.
Approving Authority. The Community Development Director shall be the designated Approving Authority for Zoning Conformance Approval.
D.
Procedure. The Zoning Conformance Approval process will be conducted by the Community Development Director as part of the building permit, land use entitlement, or other City application review. No public hearing is required for a Zoning Conformance Approval.
E.
Approval Findings. Zoning Conformance Approval shall be granted only when the Community Development Director finds the proposal to be in conformance with all applicable provisions of this Title. The Community Development Director shall evidence his/her finding of the Zoning Conformance Approval by affixing his/her signature to the building permit application, business license application, or other such permit requiring a Zoning Conformance Approval.
F.
Determinations. The determination of the Community Development Director shall be final on the date of decision. The decision shall be mailed to the applicant within five working days after the date of decision. There shall be no appeal from a decision of the Community Development Director made on a Zoning Conformance Approval.
(Ord. 1501 § 1, 2011)
§ 17.10.040 Similar Use Determination.
A.
Purpose and Applicability. All possible uses may not be listed within the provisions of this Title, and new uses may evolve over time. When a particular use is not specifically listed in this Zoning Ordinance and it is unclear whether the use is permitted, the provisions established in this Chapter allow the Approving Authority, by formal action, to determine whether or not a proposed use is similar to a permitted or conditionally permitted use and whether such proposed use may be permitted in a particular Zoning District.
B.
Approving Authority. The Community Development Director shall be the designated Approving Authority for Similar Use Determinations.
C.
Procedure. This process will be conducted by the Community Development Director as part of building permit review, land use entitlement, or other City application review. No public hearing is required for a Similar Use Determination.
D.
Approval Findings. In determining "similarity," the Approving Authority shall make all of the following findings:
1.
The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher level of activity or population density than the uses listed in the Zoning District.
2.
The proposed use will be consistent with the purposes of the applicable Zoning District.
3.
The proposed use will be consistent with the General Plan, any applicable Specific Plan, and the Zoning Ordinance.
E.
Record and Notification of Determinations. Determinations shall be made in writing and shall contain the facts that support the determination. The Community Development Department shall maintain all such determinations on record for review by the general public upon request. The notice of decision shall be provided, in writing, to the applicant and interested parties within five working days after the date of decision. The notice shall include:
(Ord. 1501 § 1, 2011)
§ 17.10.050 Reasonable Accommodation.
A.
Purpose. The purpose of allowing reasonable accommodation is to provide a process for individuals with disabilities to make requests for reasonable accommodation for relief from the various land use, zoning, or rules, policies, practices, and/or procedures of the City. It is the policy of the City, pursuant to the Federal Fair Housing Act (as amended), to provide persons with disabilities reasonable accommodation in rules, policies, and procedures that may be necessary to ensure equal access to housing.
B.
Requesting Reasonable Accommodation
1.
In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the City.
2.
If an individual needs assistance in making the request for reasonable accommodation or appealing a determination regarding reasonable accommodation, the Community Development Director will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative.
3.
A request for reasonable accommodation with regard to City regulations, rules, policies, practices, and/or procedures may be filed on an application form provided by the Community Development Director at the time that the accommodation may be necessary to ensure equal access to housing.
C.
Required Information. The applicant shall provide the following information when requesting reasonable accommodation:
1.
A completed City application indicating, among other things, the applicant name, address, and telephone.
2.
The address of the property for which the request is being made.
3.
The current actual use of the property.
4.
The Zoning Ordinance provision, regulation, or policy from which reasonable accommodation is being requested.
5.
The basis for the claim that the person(s) for whom the reasonable accommodation is sought is/are considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing available to the person(s).
6.
Such other relevant information as may be requested by the Community Development Director.
D.
Approving Authority. The Community Development Director shall be the designated Approving Authority for reasonable accommodation.
E.
Procedure
1.
When a request for reasonable accommodation is filed with the Community Development Director, the request will be reviewed and considered as a ministerial action unless determined otherwise by the Community Development Director. A request for reasonable accommodation shall be considered ministerial in nature when it is related to a physical improvement that cannot be constructed to conform to the City's setbacks or design standards. Typical improvements considered to be "ministerial" in nature would include ramps, walls, handrails, or other physical improvements necessary to accommodate a person's disability. The Community Development Director shall issue a written determination of his or her action within 30 days of the date of receipt of a completed application and may:
a.
Grant or deny the accommodation request; or
b.
Grant the accommodation request subject to specified nondiscriminatory condition(s); or
c.
Determine that the request for reasonable accommodation is nonministerial in nature and forward the request to the Planning Commission. The request will be considered by the Planning Commission in accordance with Section 17.10.130 (Conditional Use Permit) and shall be subject to the findings stated in Subsection 17.10.050(F) (Approval Findings).
2.
All written determinations of actions of the Community Development Director shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process (e.g., requesting that City staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.
3.
If necessary to reach a determination or action on the request for reasonable accommodation, the Community Development Director may request further information from the applicant specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request.
F.
Approval Findings. In making a determination regarding the reasonableness of a requested accommodation, the Approving Authority shall make the following findings:
1.
The housing which is the subject of the request for reasonable accommodation will be used for an individual protected under the Fair Housing Act.
2.
The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Fair Housing Act.
3.
The requested reasonable accommodation does not impose an undue financial or administrative burden on the City and does not fundamentally alter City zoning, development standards, policies, or procedures.
G.
Notification of Determination. The decision of the Approving Authority shall be mailed to the applicant within five working days after the date of the decision.
(Ord. 1501 § 1, 2011)
§ 17.10.060 Site Plan and Design Review (Minor and Major).
A.
Purpose and Intent. The purpose of Site Plan and Design Review is to provide a process to promote excellence in site planning and design, to encourage the harmonious appearance of buildings and sites, to ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area, and to produce an environment of stable, desirable character.
B.
Applicability. There are two categories of Site Plan and Design Review, depending on the type of project as follows:
1.
Minor Site Plan and Design Review. A Minor Site Plan and Design Review entitlement is required for changes in use or modifications to existing multi-family and nonresidential uses and structures that are exempt from state environmental review requirements as outlined in the California Environmental Quality Act (CEQA).
2.
Major Site Plan and Design Review. A Major Site Plan and Design Review entitlement is required for new multi-family and nonresidential uses and structures. Additionally, Major Site Plan and Design Review is required for changes in use or modifications to existing multi-family and nonresidential uses and structures that are not exempt from state environmental review requirements as outlined in the California Environmental Quality Act (CEQA).
C.
Approving Authority. The designated Approving Authority for the two categories of Site Plan and Design Review is as follows:
D.
E.
Considerations. In conducting a Site Plan and Design Review, the designated Approving Authority shall consider the following:
1.
Site layout, the orientation and location of building, signs, other structures, open spaces, landscaping, and other development features in relation to the physical characteristics, zoning, and land use of the site and surrounding properties;
2.
Traffic, safety, and traffic congestion, including the effect of the development plan on traffic conditions on abutting streets, the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, driveways, and walkways, the adequacy of off-street parking facilities to prevent traffic congestion, and the circulation patterns within the boundaries of the development;
3.
Availability of City services, including, but not limited to, water, sewer, drainage, police and fire, and whether such services are adequate based on City standards.
F.
Approval Findings. The designated Approving Authority shall make all of the following findings to approve or conditionally approve a Site Plan and Design Review application:
1.
The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, Planned Development, Master Plan or Specific Plan provisions, Improvement Standards, and other applicable standards and regulations adopted by the City;
2.
The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation;
3.
The site layout (orientation and placement of buildings and parking areas), as well as the landscaping, lighting, and other development features, is compatible with and complements the existing surrounding environment and ultimate character of the area under the General Plan; and
4.
The proposed 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.
G.
Conditions of Approval. The Approving Authority may modify plans, in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this Title and to prevent adverse or detrimental impact to the surrounding neighborhood. Specifically, the Approving Authority may require that the plans address issues related to ingress, egress, internal traffic, circulation, lighting, signage, landscaping and screening, architectural design, and other factors to ensure that the project is compatible with the surrounding neighborhood if a potential conflict exists, or to otherwise comply with relevant design guidelines.
H.
Notification of Determination. The decision of the Approving Authority shall be mailed to the applicant within five working days after the date of the decision.
I.
Appeals. Appeal of the Approving Authority's action on the request for Site Plan and Design Review entitlement shall be made in accordance with the procedures specified in Section 17.08.070 (Appeals).
J.
Expiration. Site Plan and Design Review approvals shall expire 24 months from the date of approval. A one-year extension may be granted pursuant to Section 17.08.120 (Time Limits and Extensions). This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.
(Ord. 1501 § 1, 2011)
§ 17.10.070 Minor Use Permit.
A.
Purpose. Minor Use Permits provide a mechanism for administrative review. Minor Use Permits are for those uses that are exempt from CEQA review and that are expected to have minimal impacts and effects on surrounding uses.
B.
Applicability. A Minor Use Permit is required for those land uses shown with an "M" in Table 17.22.010-1 (Allowed Uses and Required Entitlements for Manteca's Base Zoning Districts).
C.
Approving Authority. The Community Development Director shall be the designated Approving Authority for Minor Use Permits.
D.
Procedure. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). No public hearing is required for a Minor Use Permit.
E.
Approval Findings. Whenever authorized by ordinance, the Approving Authority may issue a Minor Use Permit when he or she finds as follows:
1.
The proposed use is consistent with the General Plan, any applicable Specific Plan, and the provisions of this Title.
2.
The proposed use is consistent with the purpose of the applicable district or districts.
3.
The proposed use will not be materially detrimental to the health, safety, and welfare of the public or to property and residents in the vicinity.
4.
The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, Planned Development, Master Plan or Specific Plan provisions, Improvement Standards, and other applicable standards and regulations adopted by the City.
F.
Conditions of Approval. Whenever any Minor Use Permit is granted, the designated Approving Authority may impose such conditions as may be necessary to safeguard the public safety and the intent of this Title.
G.
Notification of Determination. The decision of the Approving Authority shall be mailed to the applicant within five working days after the date of the decision.
(Ord. 1501 § 1, 2011)
§ 17.10.080 Temporary Use Permit.
A.
Purpose. Temporary Use Permits provide a mechanism for administrative review and determinations for proposed short-term activities as listed in Chapter 17.84 (Temporary Uses) and to ensure that entitlements are consistent with the General Plan and provisions of the Zoning Code. Temporary uses may not meet the normal development or use standards of the applicable Zoning District, but may be acceptable because of their temporary nature. The Temporary Use Permit applicant must demonstrate that the application is consistent with code requirements.
B.
Applicability. A Temporary Use Permit is required for temporary uses including, but not limited to, carnivals, circuses, religious revivals, Christmas tree lots and pumpkin farms, animal shows or displays, and food stands.
C.
Approving Authority. The Community Development Director shall be the designated Approving Authority for Temporary Use Permits.
D.
E.
Procedure. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). No public hearing is required for a Temporary Use Permit.
F.
Approval Findings. The Approving Authority shall make the following findings to approve or conditionally approve a Temporary Use Permit application:
1.
The proposed use is a temporary use and will be limited to a specific duration of time, as established in the Temporary Use Permit.
2.
The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.
3.
The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
4.
The use, as described and conditionally approved, will not function or be located in a manner that restricts access to any required parking spaces.
5.
Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code.
6.
The approval includes provisions to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Zoning Code. The Approving Authority may require appropriate security before initiation of the use to ensure proper cleanup after the use is terminated.
G.
Notification of Determination. The decision of the Approving Authority shall be mailed to the applicant within five working days after the date of the decision.
H.
Conditions of Approval. In approving a Temporary Use Permit, the Approving Authority may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation) deemed reasonable and necessary to ensure that the approval would be in compliance with the required findings.
(Ord. 1501 § 1, 2011)
§ 17.10.090 Master Sign Program.
A.
Purpose. The Master Sign Program provides a process for Community Development Director review and decisions related to requests for signs for multi-tenant projects. The intent is to allow the integration of a project's signs with the design of the structures to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects, and to encourage design flexibility without circumventing the intent of this Code.
B.
Applicability. A Master Sign Program shall be required for all new multi-tenant shopping centers, office parks, and other multi-tenant or mixed-use developments of three or more separate tenants/uses that share either the same parcel or structure and use common access and parking facilities.
C.
Approving Authority. The designated Approving Authority for a Master Sign Program is the Community Development Director.
D.
Procedures. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). No public hearing is required for a Master Sign Program.
E.
Approval Findings. The Approving Authority may approve a Master Sign Program with the finding that the proposed sign plan complies with the standards and requirements of this Title. Master Sign Programs which do not clearly meet such requirements shall be referred to the Planning Commission.
F.
Conditions of Approval. Whenever any Master Sign Program is granted, the designated Approving Authority may impose such conditions as may be necessary to safeguard the public safety and the intent of this Title.
(Ord. 1501 § 1, 2011)
§ 17.10.100 Minor Zone Modification.
A.
Purpose. Minor Zone Modifications provide limited relief from the strict application of development requirements specified by this Title in order to promote uniform development or relieve an unreasonable hardship.
B.
Applicability. Minor Zone Modifications apply to the requests for minor deviation from any of the following development standards:
1.
Maximum 10 percent waiver of off-street parking and loading requirements, including the number of spaces required or the amount of landscaped area required by Chapter 17.52 (Parking) of this Title.
2.
Yards, lot coverage, height, lot area, lot width, and lot depth requirements. A 10 percent maximum waiver may be granted if no other structures exist on the site; a 20 percent maximum waiver may be granted for additions to existing structures.
3.
Maximum 10 percent waiver of open space requirements for residential development.
C.
Approving Authority. The Community Development Director shall be the designated Approving Authority for Minor Zone Modifications.
D.
Procedures. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). The City shall provide notice of hearing in compliance with Section 17.08.050 (Public Hearing and Public Notice). The notice shall state that the Community Development Director will decide whether to approve or disapprove the Minor Zone Modification application on a date specified in the notice and that a public hearing will be held only if requested in writing by any interested party prior to the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance with Section 17.08.050 (Public Hearing and Public Notice), and the Community Development Director shall conduct the public hearing prior to a decision on the application.
E.
Approval Findings. The Approving Authority shall make all of the following findings to approve or conditionally approve a Minor Zone Modification application:
1.
The modification does not exceed the limits specified in this section.
2.
The granting of the modification will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing in the neighborhood.
3.
The modification, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
4.
The granting of the modification either would promote the uniformity in development on the lot or in the area or would alleviate an unreasonable hardship imposed by the strict application of the requirements of this Title.
F.
Notification of Determination. The decision of the Approving Authority shall be mailed to the applicant within five working days after the date of the decision.
G.
Conditions of Approval. In approving a Minor Zone Modification, the Approving Authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the required findings.
(Ord. 1501 § 1, 2011)
§ 17.10.110 Minor Plan Modification.
A.
Purpose and Applicability. Minor Plan Modifications provide for minor modifications to previously approved plans or permits where the change is in substantial conformity with the approved plan or permit.
B.
Approving Authority. The Community Development Director shall be the designated Approving Authority for Minor Plan Modifications.
C.
Procedures. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). The City shall provide notice of hearing in compliance with Section 17.08.050 (Public Hearing and Public Notice). The notice shall state that the Community Development Director will decide whether to approve or disapprove the Minor Plan Modification application on a date specified in the notice and that a public hearing will be held only if requested in writing by any interested party prior to the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance with Section 17.08.050 (Public Hearing and Public Notice), and the Community Development Director shall conduct the public hearing prior to a decision on the application.
D.
Approval Findings. The Approving Authority shall make the following findings to approve or conditionally approve a Minor Plan Modification application:
1.
The modification is in substantial conformance with the previously approved plan or permit.
2.
The modification is in compliance with all applicable provisions of this Title.
3.
The modification will not create impacts substantially different from those of the project as previously approved.
4.
The granting of the modification will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing in the neighborhood or injurious to property and improvements in the neighborhood or to the general welfare of the city.
E.
Notification of Determination. The decision of the Approving Authority shall be mailed to the applicant within five working days after the date of the decision.
F.
Conditions of Approval. In approving a Minor Plan Modification, the Approving Authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the required findings.
(Ord. 1501 § 1, 2011)
§ 17.10.120 Variance.
A.
Purpose. In accordance with California Government Code Section 65906, variances from the development standards and provisions of this Title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, and location of surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and within the same Zoning District. A Variance approval is required to grant exception from any of the development standards and provisions of this Title. Any Variance granted is subject to such condition as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with limitations upon other properties in the vicinity and zone in which the property is situated.
B.
Applicability. A Variance may not be granted to waive or modify any of the following requirements of this Zoning Ordinance:
C.
Approving Authority. The designated Approving Authority for a Variance is the Planning Commission. The Planning Commission may, upon its own motion or upon the verified application of any interested parties, initiate proceedings for the granting of a Variance. The Community Development Director provides a recommendation and the Planning Commission approves, conditionally approves, denies, or denies without prejudice the Variance in accordance with the requirements of this Title.
D.
Procedures. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). A public hearing is required for a Variance.
E.
Required Findings for a Variance. The Approving Authority may approve and/or modify any Variance application in whole or in part, with or without conditions, only if the applicant can demonstrate that the circumstances of their particular case can justify making all of the following findings:
1.
There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and within the same Zoning District.
2.
Granting the Variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by other property owners in the same vicinity and Zoning District and denied to the property owner for which the Variance is sought.
3.
Granting the Variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.
4.
The Variance is consistent with the General Plan, any applicable Specific Plan or Development Agreement, and the intent of this Title.
F.
Conditions of Approval. In approving a Variance, the Approving Authority:
1.
Shall impose conditions to ensure that the Variance does not grant special privileges inconsistent with the limitation on other properties in the vicinity and the Zoning District in which the property is located.
2.
May impose any reasonable conditions (e.g., the placement, height, nature, and extent of the use, buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, hours of operation) to ensure that the approval complies with the findings required by this Chapter.
(Ord. 1501 § 1, 2011)
§ 17.10.130 Conditional Use Permit.
A.
Purpose. The purpose of the Conditional Use Permit is for the individual review of uses, typically having unusual site development features or operating characteristics, including the request to expand or modify a nonconforming use or structure. Conditional Use Permits are intended to ensure compatibility with surrounding areas and uses where such uses are deemed essential or desirable to the various elements or objectives of the General Plan.
B.
Applicability. A Conditional Use Permit is required for all uses specifically identified as requiring a Conditional Use Permit in Article II (Zoning Districts, Allowed Land Uses, and Development Standards) and Article IV (Standards for Specific Land Uses) of this Title. A Conditional Use Permit is also required for the expansion or modification of existing nonconforming structures or uses. Applicable provisions for nonconforming uses and structures can be referenced in Chapter 17.12 (Nonconforming Uses and Structures) of this Title.
C.
Approving Authority. The designated Approving Authority for a Conditional Use Permit is the Planning Commission.
D.
Procedures. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). A public hearing is required for a Conditional Use Permit.
E.
Approval Findings. The Approving Authority shall make the following findings to approve a Conditional Use Permit application.
1.
General. Conditional Use Permits shall be granted only when the Planning Commission determines that the proposed use or activity complies with all of the following findings:
a.
The proposed use is consistent with the General Plan, any applicable Specific Plan, and all applicable provisions of this Title.
b.
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 to the general welfare of the city.
c.
The proposed use is consistent with the purpose of the applicable district or districts.
d.
The proposed use meets the minimum requirements of this Title applicable to the use and complies with all other applicable laws, ordinances, and regulations of the city and state.
2.
Approval Findings for Nonconforming Uses. A Conditional Use Permit shall be granted only when the designated Approving Authority determines that the proposed use or activity complies with all of the following findings:
a.
The proposed use is consistent with the General Plan and all applicable provisions of this Title.
b.
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 to the general welfare of the city.
c.
The benefit to the public health, safety, or welfare exceeds the detriment inherent in the expansion of nonconformity.
d.
The modified or expanded nonconforming structure or uses would not be incompatible with reasonably foreseeable uses as allowed under the applicable zoning regulations.
e.
The modified or expanded nonconforming structure or use would be consistent with the General Plan.
F.
Conditions. The Approving Authority may impose conditions for the Conditional Use Permit to ensure compliance with this Section and other applicable provisions of this Title and to prevent adverse or detrimental impact to the surrounding neighborhood.
G.
Appeals. Appeal of the Approving Authority's action on the request for Conditional Use Permit shall be made in accordance with the procedures specified in Section 17.08.070 (Appeals).
H.
Time Limits. All approved Conditional Use Permits are subject to the provisions set forth in Section 17.08.120 (Time Limits and Extensions).
I.
Cannabis Retailer.
1.
A Cannabis Retailer that has been deemed eligible to apply for a conditional use permit pursuant to the process set forth in Chapter 5.64, shall have their application processed in accordance with this Section except that any procedure that requires approval by the Planning Commission, shall be replaced with the requirements that the Planning Commission make a recommendation on the Conditional Use Permit and that the approval of Conditional Use Permit shall be made by the City Council.
2.
A Cannabis Retailer shall comply with the following:
a.
Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.
b.
Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development.
c.
Be served by streets and/or alleys adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.
d.
Be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose.
3.
A Cannabis Retailer must meet the following rules relating to proximity to sensitive uses:
a.
For any separation requirements from sensitive uses, the distance shall be determined by the horizontal distance measured in a straight line from the closest property line of the sensitive use to the closest property line of the lot on which the cannabis business is to be located, without regard to intervening structures.
b.
Shall be no closer than 600 feet from any parcel containing any a school providing instruction in kindergarten or any grades 1 through 12, (whether public, private, or charter, including preschool, transitional kindergarten, and K-12).
c.
For a commercial daycare center licensed by the State, County or city or that is in existence at the time the cannabis business permit is issued, or a Youth Center that is in existence at the time the cannabis business permit is issued or at the time the license permit is issued, the distance shall be set at 600 feet.
d.
Shall be no closer than 600 feet from any substance abuse rehabilitation center or emergency shelter, religious assembly use, park, or library.
4.
A Cannabis Retailer shall be conditioned to require that it maintain a Cannabis Retailer Permit pursuant to Chapter 5.64, and that it at all times conform with the requirements Sections 5.64.360 through 5.46.460, as applicable, and that exercise its Conditional Use Permit within 12 months, consistent with the requirements set forth in Section 5.64.150(B).
(Ord. 1501 § 1, 2011; Ord. O2021-16 § 4)
§ 17.10.140 Planned Development.
A.
Purpose. The purpose of the Planned Development is to provide a process to allow diversity in the relationship between buildings and open spaces to create interesting physical environments and to maximize the development potential of underutilized or problematic land areas. This land use entitlement is intended to demonstrate that the development plan with any proposed deviations is consistent with the General Plan and will result in a quality project that is compatible with surroundings, preserves site resources, minimizes hazards, and provides a public benefit.
B.
Applicability. A Planned Development is required in conjunction with any rezone request for a Planned Development Overlay Zone designation. To qualify for rezoning, projects must include developed or undeveloped property with one or more contiguous parcels totaling a minimum of two acres in size. Projects of less than two acres may be considered when determined that the development area is underutilized or problematic (e.g., infill, reuse, redevelopment) and that the surrounding area will be better served by the project.
C.
Approving Authority. The designated Approving Authority for a Planned Development is the City Council.
D.
Procedures. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). A public hearing is required for a Planned Development.
E.
Deviations from Development Standards. The Approving Authority may grant requests to deviate from the development standards (e.g., minimum lot area, yard requirements, building heights), but shall not grant exceptions to the allowed land use or density of the base Zoning District. Physical development standards may be modified if the plan includes examples of superior design, environmental preservation and public benefit amenities, and the Approving Authority makes all of the required findings herein.
F.
Approval Findings. The Approving Authority shall make the following findings to approve a Planned Development application.
1.
The proposed project does not exceed the total density allowed under the base Zoning District or the General Plan land use designation.
2.
The proposed project is superior to development that could occur under the development standards of the base district in at least two of the following ways:
a.
Greater open space and common areas than required;
b.
Greater landscaping than required that enhances the public street appearance (including street trees, benches, lights, special paving, water fountains, etc.) or increases landscape buffers with adjacent properties;
c.
Superior site design. Utilization of the applicable commercial/industrial design standards as provided in the Manteca Community Design Handbooks to achieve a superior site design;
d.
Superior subdivision design. Utilization of the applicable residential design standards to achieve a superior subdivision design;
e.
Greater connectivity to surrounding public streets, bike paths, pedestrian walkways, and public open spaces than required by zoning or subdivision regulations;
f.
Enhanced environmental preservation by clustering development to preserve sensitive plant or wildlife habitat, biological resources, or contiguous open space;
g.
Reduced impacts on surrounding properties, in terms of privacy, access to sunlight, shadow, views, building bulk, noise, or other types of negative impacts, beyond what would be achieved under existing requirements.
3.
The proposed project incorporates best site planning practices for quality design and compatibility with surroundings.
4.
The proposed project incorporates high quality architectural design and durable materials.
5.
The proposed project shall not be substantially detrimental to adjacent property and will not materially impair the purposes of this Title or the public interest.
G.
Conditions. The Approving Authority may impose conditions for the Planned Development to ensure compliance with this Section and other applicable provisions of this Title and to prevent adverse or detrimental impact to the surrounding neighborhood.
(Ord. 1501 § 1, 2011)
§ 17.10.150 Development Agreement.
A.
Purpose. This Section establishes procedures and requirements for the review and approval of Development Agreements when applied for as part of a land use entitlement 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, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.
B.
Qualified Applicant. Only a qualified applicant, a person who has legal or equitable interest in the real property which is the subject of the Development Agreement (or his or her authorized agent), may submit an application for a Development Agreement.
C.
Submittal Requirement. Section 17.08.020 (Application and Fee) identifies the requirement for submittal of any application to the City for permit or entitlement.
D.
Approving Authority. The designated Approving Authority for Development Agreements is the City Council. The Planning Commission shall hold a public hearing on the proposed Development Agreement and make a recommendation to the City Council.
E.
Approval Findings. A Development Agreement may only be granted when the City Council makes all of the following findings specifying that the Development Agreement:
1.
Is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable Specific Plans.
2.
Is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice.
3.
Will not be detrimental to health, safety, and general welfare of the city.
4.
Will not adversely affect the orderly development of property or the preservation of property values.
F.
Amendment and Cancellation of Agreement. Either party may propose an amendment to or cancellation in whole or part of the Development Agreement, the procedure for which is the same as the procedure for entering into the agreement initially. Where, however, the City initiates the proposed amendment or cancellation, the City must first notice the property owner of its intent at least 15 days in advance. Additional amendment provisions may be incorporated into individual Development Agreements.
G.
Recordation. Within 10 days after the City enters into the Development Agreement or any amendment thereof, the City Clerk shall cause the agreement or amendment to be recorded with the County Recorder. Additionally, the City Clerk shall be the official custodian of the Development Agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the Development Agreement.
H.
Periodic Review. The City Manager shall review the Development Agreement every 12 months from the date the Development 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 Development Agreement. The applicant shall also bear the cost of such review in accordance with the fee established by City Council resolution. If the City Manager finds that any aspect of the development project is not in strict compliance with the terms of the Development Agreement or may warrant consideration by the Approving Authority, the City Manager may schedule the matter before the appropriate Approving Authority for review.
(Ord. 1501 § 1, 2011)
§ 17.10.160 Specific Plan.
A.
Purpose. The purpose of a Specific Plan is to provide a vehicle for implementing the City's General Plan on an area-specific basis. The Specific Plan is intended to serve as a regulatory document, consistent with the General Plan. In the event there is an inconsistency or conflict between an adopted Specific Plan and comparable provisions of this Title, the Specific Plan shall prevail. This Section is consistent with California Government Code Section 65450 et seq. This Section describes the process for adopting, amending, and subsequent development under a Specific Plan. Chapter 17.28 (Special Purpose Zoning Districts) describes the individual Specific Plan Districts and adopts them by reference.
B.
Applicability. The City's General Plan encourages preparation of Specific Plans. A Specific Plan may be initiated in the following manner:
1.
By the City through resolution of intention adopted by the City Council with recommendation from the Planning Commission; or
2.
By a property owner through an application filed requesting to be included in a Specific Plan.
If initiated by a property owner, a pre-submittal application and conference with the director are required prior to the filing of a formal Specific Plan application. |
C.
Approving Authority. The designated Approving Authority for Specific Plans is the City Council.
D.
Contents. In addition to the minimum content requirements of California Government Code Section 65451, the following items outline the City's content requirements for an application.
1.
Statement of the relationship of the Specific Plan to the General Plan.
2.
Policies for development and standards for regulating development within the plan area.
3.
The proposed land uses for all areas covered by the Specific Plan.
4.
The types and configurations of buildings to be included in all developments within the plan area.
5.
The location of and types of streets.
6.
Public facilities and infrastructure required to serve developments within the Specific Plan area.
7.
A parking and circulation plan for off-street parking areas showing the location of parking lots, the approximate number of spaces, and the approximate location of entrances and exits.
8.
Proposed conservation, open space, and/or recreation areas, if any.
9.
Any other programs, guidelines, or standards appropriate for the area covered by the plan.
E.
Environmental Review. It is anticipated, under the California Environmental Quality Act Section 15812 and Guidelines, that most Specific Plans will require preparation of an environmental impact report (EIR). Once certified, the EIR for a Specific Plan may be relied upon for further entitlements sought subsequent to adoption of the Specific Plan. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared. If a supplement to the EIR is determined not to be necessary, a negative declaration or mitigated negative declaration shall be prepared.
F.
Approval Findings. Specific Plans and any amendment thereto shall be approved/adopted only when the City Council makes the following findings:
1.
The proposed Specific Plan is consistent with the General Plan goals, policies, and implementation programs.
2.
The land use and development regulations within the Specific Plan are comparable in breadth and depth to similar zoning regulations contained in this Title.
3.
The administration and permit processes within the Specific Plan are consistent with the administration and permit processes of the Zoning Ordinance.
G.
Adoption. Adoption of the Specific Plan by ordinance of the City Council shall constitute final action and approval of the Specific Plan. Authorization for construction in accordance with the Specific Plan may only be granted after the effective date of the adoption.
H.
Delineation of Specific Plan Areas. On the Zoning Map, a Specific Plan Zoning District shall be delineated in a manner similar to that of any other Zoning District, except that each SP-zoned area shall also bear a number, text, or other symbol which distinguishes it from other Specific Plan areas. See Chapter 17.28 (Special Purpose Zoning Districts).
I.
Application of Specific Plan Development Requirements. Where specific conditions of the Specific Plan are more restrictive than the Zoning Ordinance development standards, the conditions of the Specific Plan shall apply. Where a standard is not addressed in the Specific Plan, the Zoning Ordinance shall apply.
(Ord. 1501 § 1, 2011)
§ 17.10.170 Master Plan.
A.
Purpose. The purpose of a Master Plan is to provide a procedure for the consideration and regulation of areas suitable for proposed comprehensive development with detailed development plans. The Master Plan is intended to serve as a regulatory document, consistent with the General Plan. In the event there is an inconsistency or conflict between an adopted Master Plan and comparable provisions of this Title, the Master Plan shall prevail. Chapter 17.28 (Special Purpose Zoning Districts) describes the individual Master Plan Districts and adopts them by reference.
B.
Applicability. A Master Plan may be initiated in the following manner:
1.
By the City through resolution of intention adopted by the City Council with recommendation from the Planning Commission; or
2.
By a property owner through an application filed requesting to be included in a Master Plan. If initiated by a property owner, a pre-submittal application and conference with the director are required prior to the filing of a formal Master Plan application.
C.
Approving Authority. The designated Approving Authority for Master Plans is the City Council. The Community Development Director and the Planning Commission provide recommendations to the City Council. The City Council may approve, conditionally approve, or deny the Master Plan in accordance with the requirements of this Section.
D.
Contents. In addition to the minimum general requirement, the City shall require, at a minimum, the following:
1.
A completed City application form indicating, among other things, the applicant's name, address, and telephone number.
2.
The address of the property for which the request is being made.
3.
Detailed project description indicating the request for the zone change to Master Plan.
4.
The following data is required:
a.
Topographic map showing natural features of the site and adjacent property and location of proposed facilities and roads;
b.
Description of existing site, including vegetation, wildlife, natural features, and present services, access, and land use;
c.
Description of proposed uses and structures, landscaping, fencing, services, streets, utilities, and other facilities;
d.
Other information as required by the Community Development Director or Planning Commission, including, but not limited to, detailed construction, improvement, utility, and drainage plans and other data as is deemed necessary to adequately consider the proposed development; and
e.
Such other relevant information as may be requested by the Community Development Director in order to provide the Approving Authority with adequate information on which to base a decision.
E.
Environmental Review. It is anticipated, under the California Environmental Quality Act and Guidelines, that most Master Plans will require preparation of an environmental impact report (EIR). Once certified, the EIR for a Master Plan may be relied upon for further entitlements sought subsequent to adoption of the Master Plan. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared. If a supplement to the EIR is determined not to be necessary, a negative declaration or mitigated negative declaration shall be prepared.
F.
Required Contents of a Master Plan. When a Master Plan is being established, it shall set forth in text, maps, and diagrams the following items, at the level of detail appropriate for the Master Plan submittal:
1.
A list of permitted, conditionally permitted, and prohibited uses.
2.
Performance and development requirements related to yards, lot area, and intensity of development on each lot, parking, landscaping, and signs.
3.
Other design standards appropriate for the specific site and development.
4.
Legal description of property covered by the Master Plan.
5.
Reasons for establishment of a Master Plan on the particular property.
G.
Additional Contents of a Master Plan. Additional contents may be required as determined by the Community Development Director including, but not limited to, the following:
H.
Approval Findings. Master Plans and any amendment thereto shall be approved/adopted only when the City Council makes the following findings:
1.
The proposed Master Plan is consistent with the General Plan goals, policies, and implementation programs.
2.
The land use and development regulations within the Master Plan are comparable in breadth and depth to similar zoning regulations contained in this Title.
3.
The administration and permit processes within the Master Plan are consistent with the administration and permit processes of the Zoning Ordinance.
4.
Adequate services are available for the proposed uses, including, but not limited to, water supply, sewage disposal, roads, and utilities.
I.
Adoption. Adoption of the Master Plan by ordinance of the City Council shall constitute final action and approval of the Master Plan. Authorization for construction in accordance with the Master Plan may only be granted after the effective date of the adoption.
J.
Delineation of Master Plan Areas. On the Zoning Map, a Master Plan Zoning District shall be delineated in a manner similar to that of any other Zoning District, except that each MP-zoned area shall also bear a number, text, or other symbol which distinguishes it from other Master Plan areas. See Chapter 17.28 (Special Purpose Zoning Districts).
K.
Application of Master Plan Development Requirements. Where specific conditions of the Master Plan are more restrictive than the Zoning Ordinance development standards, the conditions of the Master Plan shall apply. Where a standard is not addressed in the Master Plan, the Zoning Ordinance shall apply.
(Ord. 1501 § 1, 2011)
§ 17.10.180 Prezoning.
§ 17.10.190 Zoning Amendment (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 rezone or change the zoning designation on the Zoning Map for 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 Community Development Director and Planning Commission provide recommendations, and the City Council may approve, conditionally approve, deny, or deny without prejudice 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 parcel(s) to be affected by the Zoning Amendment, or by recommendation of the Community Development 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:
1.
The proposed Zoning Amendment (text or map) is consistent with the General Plan and any applicable Specific Plan goals, policies, and implementation programs;
2.
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
3.
The amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA);
4.
If a map amendment, the site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provisions of utilities) for the requested zoning designations and anticipated land uses/development; and
5.
If a text amendment, the amendment is internally consistent with other applicable provisions of this Zoning Code.
E.
Conditions/Restrictions. When considering an application for a Zoning Amendment to rezone property, the City Council has the authority to impose restrictions on property including use restriction. Conditions imposed by the City Council shall run with the land and shall not be automatically removed by subsequent rezonings of the property. Conditions may only be modified or removed by the City Council in accordance with Section 17.14.070 (Permit Revocation or Modification).
F.
Action/Adoption. Adoption of the Zoning Amendment by ordinance of 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 or after the effective date of the action.
(Ord. 1501 § 1, 2011)
§ 17.10.200 General Plan Amendment (Text and Map).
A.
Purpose. The purpose of a General Plan Amendment is to allow for modifications to the General Plan text (e.g., goals, policies, or implementation programs) or to change the General Plan land use designation on any parcel(s).
B.
Approving Authority. The designated Approving Authority for General Plan Amendments is the City Council. The Community Development Director and Planning Commission provide recommendations, and the City Council may approve, conditionally approve, deny, or deny without prejudice 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 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 may be initiated by motion of the Planning Commission or City Council, by application of property owner(s) of parcel(s) to be affected by the General Plan Amendment, or by recommendation of the Community Development 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). In the event that a General Plan Amendment is requested by a property owner, the applicant shall demonstrate to the City Council that there is a substantial benefit to be derived from such amendment. Additionally, the City Council must find that the proposed amendment meets the letter and intent of the General Plan goals and policies.
F.
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. 1501 § 1, 2011)
§ 17.10.210 Storage Container Permit.
A.
Purpose. A Storage Container Permit provides a process for Community Development Director review and decisions related to requests for storage, cargo, or shipping containers. The intent is to allow the integration of a storage container with the design of the structures to achieve a unified architectural statement and to encourage design flexibility without circumventing the intent of this Code.
B.
Applicability. A Storage Container Permit shall be required for storage, cargo, or shipping containers in accordance with Section 17.40.040 (Development Standards for Accessory Structures).
C.
Approving Authority. The designated Approving Authority for a Storage Container Permit is the Community Development Director.
D.
Procedure. This process will be conducted by the Community Development Director in accordance with Chapter 17.08 (General Application Processing Procedures). No public hearing is required for a Storage Container Permit.
E.
Approval Findings. The Approving Authority may approve a Storage Container Permit with the finding that the proposed storage container complies with the standards and requirements of this Title.
F.
Conditions of Approval. Whenever any Storage Container Permit is granted, the designated Approving Authority may impose such conditions as may be necessary to safeguard the public safety and the intent of this Title.
(Ord. O2018-11 § 1)
§ 17.12.010 Purpose.
This Chapter establishes special regulations for nonconforming land uses and structures that were lawful before the adoption or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Code or future amendments. It is the intent of these regulations to allow the continuation of nonconformities under the limited conditions outlined herein and reconstruction in the event of natural disaster.
(Ord. 1501 § 1, 2011)
§ 17.12.020 Applicability and General Regulations.
A.
Legal Nonconforming Uses. The provisions of this Chapter apply to legal nonconforming uses in districts hereafter changed or established, and any time limit for the suspension of a nonconforming use of land shall date from (effective date) or any amendment of district boundaries which first creates a nonconforming use or uses.
B.
Subdivision of a Nonconforming Parcel. No subdivision shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel; existence of a legal nonconforming use or parcel shall not be interpreted to allow the increase of the nonconformity of such parcel or any nonconforming use on the parcel.
C.
Exemption for Legal Building Site. A nonconforming parcel that does not comply with the applicable area or width requirements of this Zoning Code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Community Development Director through evidence furnished by the applicant.
1.
Approved Subdivision. The parcel was created by a recorded subdivision.
2.
Individual Parcel Legally Created by Deed. The parcel is under single ownership of record and was legally created by a recorded deed before the effective date of the Zoning Amendment that made the parcel nonconforming.
3.
Variance or Lot Line Adjustment. The parcel was approved through the Variance procedure or resulted from a lot line adjustment.
4.
Partial Government Acquisition. The parcel was created in compliance with the provisions of this Zoning Code, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent.
D.
Exemption for Nonconforming Lot. Any lot, the area, dimensions, or location of which was lawful on the effective date of this title or any amendment thereto, but which fails by reason of such adoption or amendment to conform to the requirements of the applicable Zoning District, shall be considered buildable for the purposes of this Title.
E.
Exemption for Public Utilities. The provisions of this Chapter shall not apply so as to prevent the modernization or replacement of public utility buildings, structures, equipment, and facilities where there is no change of use or increase in area of property so used.
F.
Exemption for Parking and Loading. No use of land or structure existing at the time of the adoption of this Title shall be deemed to be nonconforming solely because of a failure to meet the requirements of Chapter 17.52 (Parking), provided that the facilities being used for off-street parking or loading at that time shall not be reduced in capacity to less than the number of spaces or berths required by Chapter 17.52 (Parking) or reduced in area to less than the minimum standards required by Chapter 17.52 (Parking).
G.
Exemption for Commercial Districts. Any nonconforming site proposed for further development, including expansion of use, building additions, and establishment of new uses, shall conform to all current codes except as follows:
1.
In commercial districts, an existing use on a nonconforming site may be expanded, provided that the expansion does not involve the installation of permanent improvements. The installation of any permanent improvement will be subject to site plan and design review.
2.
In commercial districts, a new accessory use can be established on a nonconforming site, provided that the expansion does not involve the installation of permanent improvements including any building additions.
(Ord. 1501 § 1, 2011)
§ 17.12.030 Continuation.
A.
Continuation. Except as established below, a nonconforming use may continue to operate in perpetuity, be transferred, or be sold, provided that the use shall not be enlarged or intensified nor be expanded to occupy a greater area than it lawfully occupied before becoming nonconforming.
B.
Building Permits. When any nonconforming building or use is required to be abated pursuant to the provisions of this Chapter, no building permit or certificate of occupancy shall thereafter be issued for further continuance, alteration, or expansion of the nonconforming building or use.
C.
Approved Plans and Effective Date. Plans for any use, building, or structure approved as of the effective date of this Chapter may be carried out as approved.
D.
Prohibited Use. Any person asserting the nonconforming use must present evidence that the use existing before the enactment of the Zoning Ordinance provision prohibited the use.
E.
Converted to a Conforming Use. Any nonconforming use may be changed to a conforming use, provided that all applicable permit requirements and standards of this Title are satisfied.
(Ord. 1501 § 1, 2011)
§ 17.12.040 Maintenance.
Normal maintenance of a nonconforming structure shall be permitted subject to Building Code requirements in effect at the time of such maintenance work and as provided below.
A.
Repair. Maintenance may include repair work necessary to keep the structure in sound condition, but maintenance shall not include the replacement of a structure.
B.
Seismic Retrofitting and Building Code Compliance. Repairs, alterations, or reconstruction to reinforce unreinforced masonry structures or to comply with Building Code requirements, or where the building official determines modifications are immediately necessary to protect the health and safety of the public or occupants, shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards and the Building Code.
C.
Structural Alteration. Maintenance and repair may include structural alteration of a nonconforming structure to improve safety or to reduce fire hazard.
(Ord. 1501 § 1, 2011)
§ 17.12.050 Modification, Expansion, and Reconstruction.
A nonconforming use or structure may be modified or expanded as listed below, subject to approval of a Conditional Use Permit as listed in Section 17.10.130 (Conditional Use Permit).
A.
Structural Modification. Addition, enlargement, extension, or relocation of a nonconforming structure may be allowed if the changes to the structure conform to all applicable provisions of this Zoning Ordinance. Such modifications may not expand the extent of the nonconforming aspect of the structure or result in any new nonconforming conditions for the subject property.
B.
Expansion of Use. A lot or portion thereof occupied by a nonconforming use may be further developed by the addition of conforming uses and structures. Said expansion may not increase the extent of the nonconforming use.
(Ord. 1501 § 1, 2011)
§ 17.12.060 Structural Alterations.
If no structural alterations are made, a nonconforming use of a building shall not be changed to another nonconforming use without the approval of the Planning Commission and then only to a use which in the opinion of the Planning Commission is of the same or more restricted classification.
(Ord. 1501 § 1, 2011)
§ 17.12.070 Repair and Replacement of Destroyed Buildings.
A.
Ministerial Building Permit Required. If a nonconforming structure in existence or use maintained on the effective date of this Ordinance, which does not conform to the regulations for the district in which it is located, is involuntarily damaged or destroyed by fire, collapse, flood, wind, earthquake, explosion, act of God, or act of the enemy, subsequent to the effective date of this Title and the expense of such reconstruction is less than or equal to 50 percent of the assessed value of the structure at such time just prior to the damage occurring, then without further action by the City Council, such structure and use of land may be repaired, restored, replaced, or reconstructed and reoccupied in the same manner in which it originally existed upon issuance of a ministerial building permit and subject to the following terms:
B.
Conditional Use Permit Required. If the repair, restoration, replacement, or reconstruction expands from the original state of the nonconforming structure, at such time just prior to the damage occurring, issuance of a Conditional Use Permit, pursuant to the provisions set forth in Section 17.10.130 (Conditional Use Permit) is required. The Approving Authority may consider up to a maximum 10 percent expansion of the square footage from the original state of the nonconforming structure at such time just prior to the damage occurring.
(Ord. 1501 § 1, 2011)
§ 17.12.080 Loss of Nonconforming Status.
A.
If any nonconforming use is abandoned or discontinued for any reason for a continuous period of six months or more, rights to nonconforming status shall terminate. Without further action by the City, any subsequent use of such land or structure shall be in conformity with all of the regulations of the applicable Zoning District and all other applicable provisions of this Title.
A determination that a use has been abandoned requires both (1) evidence of an intention to abandon, and (2) an act or failure to act which shows or implies that the owner does not continue to claim or retain an interest in the nonconforming use. Evidence may include, but is not limited to, removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. Maintenance of a valid business license shall in itself not be considered a continuation of the use. The discontinuance of a nonconforming use for a period of six months or more is in itself prima facie evidence of abandonment.
(Ord. 1501 § 1, 2011)
§ 17.14.010 Enforcement Authority and Procedures.
Authority and procedures for enforcement of the Zoning Code shall be the same as the enforcement provisions for the entire Municipal Code as established in Municipal Code Chapter 1.10 (Administrative Enforcement Provisions). Enforcement provisions therein include purpose, definitions, authority, fees, and procedures for violations, public nuisance, citations, abatement, penalties, and hearings.
(Ord. 1501 § 1, 2011)