Moorpark City Zoning Code
CHAPTER 17
44 APPLICATION REVIEW PROCEDURES
§ 17.44.010 Purpose.
The purpose of this chapter is to establish review procedures for land use entitlement applications including permits and variances; and applications to amend or adopt the general plan, specific plans, the zoning map or zoning ordinance.
(Ord. 515 § 10, 2023)
§ 17.44.020 Legal lot requirement.
No entitlement shall be granted, or permit be issued for construction on a lot, which is not a legal lot, as defined by the state Subdivision Map Act and the subdivision ordinance.
(Ord. 515 § 10, 2023)
§ 17.44.030 Zoning clearance.
A.
Purpose. A zoning clearance is a permit that is granted on the basis of a ministerial decision by the community development director or designee without a hearing. A zoning clearance certifies that a proposed use of land or structures meets all requirements of this title and the applicable conditions of any previously approved discretionary planned development permit, administrative permit and/or conditional use permit.
B.
Applicability. Except as provided in Chapter 17.20 of this title, a zoning clearance is required prior to the implementation of uses of land or structures, construction requiring building permits and the commencement of any activity authorized by a permit or subdivision granted in accordance with the zoning and subdivision ordinances of the city. A zoning clearance shall be issued if the proposed uses of land or structures:
1.
Are permissible under the present zoning on the land and the city's zoning and subdivision ordinances, planned development permit or conditional use permit;
2.
Are compatible with the policies and land use designations specified in the general plan, and any applicable specific plan;
3.
Comply with the applicable terms and conditions of any applicable permit or other entitlement;
4.
Are not located on the same site where a violation of this code exists or are not in violation of the terms of an existing permit covering the site or structure, unless the zoning clearance is necessary to abate the violation;
5.
Are not being requested by or on a site where there are outstanding entitlement, processing or condition compliance fees owed to the city; and
6.
Are consistent with the portions of the county hazardous waste management plan that identify specific sites or siting criteria for hazardous waste facilities.
C.
Zoning Clearance for Changes to Discretionary Development Permits. For commercial, industrial, or institutional buildings, a zoning clearance may be issued to approve a change in color for an existing building, structure, or other on-site improvement, provided that the community development director is able to find that the new color(s) is (are) compatible with the architectural design of the building, structure, or other on-site improvement and consistent with the original findings and conditions of approval and specific plan, if applicable. This zoning clearance authority is intended to modify any condition of approval for a planned development permit or other entitlement approved prior to March 18, 2009, requiring city council or planning commission approval for a color change.
D.
Expiration. Zoning clearances shall expire one year after issuance, unless otherwise indicated by the community development director on the clearance or unless the use of land or structures or building construction has commenced and is being diligently pursued, as evidenced by current inspections and/or valid building permits.
(Ord. 515 § 10, 2023)
§ 17.44.040 Discretionary permits and exceptions.
The following discretionary permits and exceptions are authorized by this title. If more than one discretionary permit or exception application is required for a proposed use or structure, the community development director may require all applications for the proposed use or structure to be filed, processed, considered, and decided concurrently through the most thorough decision-making process and by the highest decision-making authority of the permits and/or exceptions requested.
A.
Temporary Use Permit (TUP). A temporary use permit is required prior to initiation of uses or structures in a given zone as specified by Chapter 17.20 of this title that are to be established for a temporary period of time (not to exceed 90 days). A temporary use permit may include multiple nonconsecutive dates within a 90 day time frame. Temporary use permit applications require review and approval by the community development director to assure compliance with the requirements of this title, and may be conditioned to protect the health, safety, life, aesthetics, or property of the applicant or the public. One additional 90 day extension to a temporary use permit may be granted. A period of 60 days must occur between temporary use permits at the same location for a similar temporary use as determined by the community development director. No more than six temporary use permits may be granted within any 12 month period. A temporary use permit may be revoked by the community development director prior to the expiration date based upon information that the conditions have not been met, or to protect the health, safety, life, or property of the applicant or the public. Temporary use permits shall take the place of a zoning clearance when applicable. Temporary uses lasting more than 180 days may be authorized to occur for a longer period of time with an administrative permit, at the discretion of the community development director. The following special temporary use permits may be granted considering special conditions or time limits as noted:
1.
Construction Building or Office. A temporary use permit shall be required for the temporary placement of a construction trailer or other similar structure associated with a project site where a grading or building permit is approved. The temporary use permit may be issued for a period of time determined by the director and shall be associated with an active construction site with an active building or grading permit. A separate building permit may also be required for such structure. An administrative permit may be obtained for the placement of a temporary construction building which would exceed placement of 180 days or more.
2.
Brush Clearance. A temporary use permit shall be required for temporary brush clearance where goats or similar animals are used for removal of excess brush, as required by the fire department. A temporary use permit issued for animal brush clearance shall include conditions of approval, applied by the community development department at the discretion of the director to ensure safety of the animals on the site, safety of humans within the vicinity of the subject property, and to ensure appropriate brush clearance is conducted.
3.
Exempt Temporary Uses.
a.
Garage Sales. Residential garage, yard, or estate sales of personal property conducted by, or on behalf of, a resident of the premises may be conducted consistent with the following standards:
b.
Nonprofit Fundraising. Fundraising sales by a certified 501(c)(3) nonprofit organization may be conducted consistent with the following standards:
i.
Location. Located on a parcel with an approved commercial, industrial, institutional, or religious use.
ii.
Number of Events. A maximum of six times per 12 month period, per site.
iii.
Duration. A maximum of seven consecutive days per event.
iv.
Obstructions. The fundraising sale shall not obstruct the right-of-way, sight distances, building or site ingress or egress, or otherwise create hazards for vehicle or pedestrian traffic.
c.
Catering. Mobile food vendors may operate as caterers to private events on private property when food or beverages are not sold, or offered for sale, to the general public.
B.
Administrative Permit (AP). An administrative permit is required prior to the initiation of uses and structures in a given zone as specified in Chapter 17.20 of this title where review and approval by the community development director is required to assure compliance with the provisions of the Moorpark Municipal Code. An administrative permit application is subject to site plan and architectural review. Notice of a pending decision on an administrative permit shall be mailed by the community development director to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Rolls, at least 10 days prior to the date of the decision. Public comments concerning compliance of the proposed use or structure with the general plan, municipal code, or other applicable regulations will be accepted during the period before the date of the decision. After the comment period has ended, the community development director may approve the permit, deny the permit, or approve the permit subject to conditions necessary for the proposed use or structure to comply with the general plan, municipal code, and any other applicable regulations. In order for an administrative permit to be approved, the community development director shall find that:
1.
The site design, including structure location, size, height, setbacks, massing, scale, architectural style, colors, and landscaping, is consistent with the provisions of the general plan, any applicable specific plans, zoning ordinance, and any other applicable regulations;
2.
The site design would not impair the utility of properties, structures or uses in the surrounding area; and
3.
The proposed development would be served by adequate infrastructure, including, but not limited to, access to public roadways, water, sewer, gas and/or electrical services, etc., and the development would not pose a health or safety concern or if located in a mapped hazard zone, the development is designed to meet regulatory requirements to minimize health and safety concerns.
C.
Planned Development (PD) Permit. A planned development permit is required prior to initiation of uses and structures in a given zone as specified in Chapter 17.20 of this title where review by the planning commission through a public hearing process is required to assure the project design complies with the provisions of this title and the general plan and is compatible with neighboring properties. A planned development permit application is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Heights, setbacks, sizes, locations, architectural styles and colors of all proposed buildings, structures and other on-site improvements, landscaping design, neighborhood design, and permitted land uses shall be established as part of the planned development permit review and approval process. Any change to the initial permitted land uses shall require a modification consistent with the requirements of Section 17.44.100 of this chapter, except as permitted by Section 17.44.030(C) of this chapter. The planning commission and city council (if required) shall hold at least one public hearing on any planned development permit application for a commercial, industrial or residential planned development, while mixed use planned development permits shall be reviewed by the planning commission and decided by the city council. Following a public hearing, the planning commission shall be the decision authority for commercial, industrial, and residential planned development permits. The city council shall be the decision authority for mixed use planned development permits. Prior to approving, conditionally approving, or denying an application for a planned development permit, the planning commission (in the case of a commercial, industrial or residential planned development) or city council (in the case of a mixed use planned development) shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a planned development permit to be approved, the city council shall find that:
1.
The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any applicable specific plans, zoning ordinance, and any other applicable regulations;
2.
The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area; and
3.
The proposed development would be served by adequate infrastructure, including, but not limited to, access to public roadways, water, sewer, gas and/or electrical services, etc., and the development would not pose a health or safety concern or if located in a mapped hazard zone, the development is designed to meet regulatory requirements to minimize health and safety concerns.
D.
Conditional Use Permit (CUP). A conditional use permit is required prior to initiation of uses in a given zone as specified by Chapter 17.20 of this title where review by the planning commission through a public hearing process is required to determine if the proposed use complies with all necessary findings listed in this subsection. A conditional use permit requesting an increase in height shall be decided by the city council. A conditional use permit is not allowed as a matter of right but is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Prior to approving, conditionally approving, or denying an application for a conditional use permit, the planning commission shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a conditional use permit to be approved, the planning commission shall find that:
1.
The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations;
2.
The proposed use is compatible with both existing and permitted land uses in the surrounding area;
3.
The proposed use is compatible with the scale, visual character, and design of surrounding properties;
4.
The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses;
5.
The proposed use would not be detrimental to the public health, safety, convenience, or welfare;
6.
Additional Finding for Hazardous Waste Facilities. The following additional finding is required for the approval of conditional use permits for hazardous waste facilities:
a.
The proposed hazardous waste facility is consistent with the portions of the county hazardous waste management plan that identify specific sites or siting criteria for hazardous waste facilities;
7.
Additional Findings for Establishments Selling Alcoholic Beverages. The following additional findings are required for the approval of conditional use permits for establishments selling alcoholic beverages:
a.
The use would not result in an over concentration in the area of establishments selling alcoholic beverages,
b.
The use would serve a public convenience,
c.
The use would not create the need for increased police services,
d.
The requested use at the proposed location would not adversely affect the economic welfare of the community, and
e.
The exterior appearance of the structure would not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood;
8.
Additional Findings for Increase in Building Height. The following additional findings are required for the approval of conditional use permits for additional height in specified zones, not to exceed 50 feet and three stories:
a.
The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations,
b.
The increase in height will not result in an impact on adjacent properties that cannot be mitigated through the application of code, design standards, or reasonable conditions of approval,
c.
All required public facilities and services have adequate capacity to serve the proposal,
d.
The project meets the other requirements of the zoning code and intent of the general plan.
E.
Variance. A variance is an adjustment in the regulations contained in this title. A variance is based on discretionary decisions and may be granted to allow deviations from ordinance regulations governing such development factors as setbacks, height, lot coverage, lot area and width, signs, off-street parking, landscaping and wall, fencing and screening standards. A variance shall be processed in accordance with the provisions of this title. A variance may not be granted to authorize a use or activity as a substitute to an amendment to these zoning regulations. Except when a variance is filed as part of a planned development permit, conditional use permit and as provided in subsection F of this section, variance requests shall be heard and decided by the planning commission through a public hearing process. Prior to approving, conditionally approving, or denying an application for a variance, the planning commission shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a variance to be approved, the decision-making authority shall find that:
1.
There are special circumstances applicable to the subject property with regard to size, shape, topography, location or surroundings, such that the strict application of the zoning regulations denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts;
2.
The granting of the requested variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone;
3.
The strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations;
4.
The granting of such variance will not be detrimental to the public health, safety or general welfare, nor to the use, enjoyment or valuation of neighboring properties; and
5.
The granting of a variance in conjunction with a hazardous waste facility will be consistent with the portions of the county's hazardous waste management plan (CHWMP) that identify specific sites or siting criteria for hazardous waste facilities.
F.
Administrative Exception.
1.
An administrative exception may be granted by the community development director for minor adjustments to the zoning regulations. An administrative exception may be granted only in the following situations:
a.
To allow a decrease of up to 20% in any required minimum setback, provided that such exception may be granted only once from the minimum standard adopted by this code, or any planned development permit approved consistent with this code;
b.
To allow walls, fences or hedges to exceed the height limit regulations by a maximum of one foot in setback areas, except in a required sight triangle;
c.
To allow an increase up to 20% for maximum building coverage, sign area or sign height;
d.
To allow up to a 5% decrease in the required lot area for second units.
2.
A notice of a pending decision on an administrative exception shall be mailed out to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Rolls, at least 10 days prior to the date of the decision. Public comments concerning the administrative exception will be accepted during the period before the date of the decision. After the comment period has ended, the community development director may approve the exception, deny the exception, or approve the exception subject to conditions, if necessary for the exception to comply with the general plan, municipal code, and any other applicable regulations. The director's decision is final unless appealed within 10 days in accordance with Section 17.44.090. In the approval of an administrative exception, the director shall find that:
a.
The granting of the exception will not create negative impacts to abutting properties;
b.
The strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations; and
c.
The granting of the exception is consistent with the general plan and/or any applicable specific plan.
G.
Requests for Reasonable Accommodations.
1.
This section establishes a process for the request and consideration of a reasonable accommodation in the application of the city's land use, zoning, and building standards, regulations, policies, and procedures to allow disabled persons an equal opportunity to use and enjoy housing.
2.
Any individual with a disability, his or her representative, or a developer or provider of housing for disabled persons may seek relief from any land use, zoning or building standard, regulation, policy or procedure found in Title 17, Zoning, to ensure equal access to housing by requesting a reasonable accommodation. Requests for a reasonable accommodation must be submitted on an application form provided by the department, and must contain the following information:
a.
The name, address and telephone number of the applicant;
b.
The name, address and telephone number of the individual with a disability for whom the reasonable accommodation is being requested;
c.
The name, address, and telephone number of the owner of the property for which the reasonable accommodation request is being made, where different from the applicant;
d.
The address and current use of the property for which the reasonable accommodation is being made;
e.
If the applicant is someone other than the property owner, a letter of agency or authorization signed by the property owner consenting to the application being made;
f.
The basis for the claim that the individual to be reasonably accommodated is disabled under the fair housing laws;
g.
A description of the reasonable accommodation requested and the land use, zoning or building standard, regulation, policy or procedure to be modified or waived;
h.
A statement of the reason why the requested accommodation is necessary for the disabled person to use and enjoy the dwelling.
3.
If the project for which the request for a reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit will govern the joint processing of both the reasonable accommodation and the discretionary permit. If the project for which the request for a reasonable accommodation is made requires a discretionary permit or approval, then the application for a reasonable accommodation will be heard at the same time as the other discretionary permit or approval.
4.
If an individual needs assistance in making a request for a reasonable accommodation, the city will provide assistance to ensure that the process is accessible.
5.
A request for a reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect or negate an individual's obligation to comply with other applicable regulations not at issue in the requested accommodation.
6.
The community development director shall be the decision-maker for a reasonable accommodation that is not made in conjunction with a discretionary approval that would require planning commission review. The community development director may refer the processing of the reasonable accommodation to the planning commission for review if the request is submitted in conjunction with a request for a separate discretionary approval.
7.
The reviewing authority shall approve, with or without conditions, the request for a reasonable accommodation if it finds, based upon all of the evidence presented, that all of the following findings can be made:
a.
The requested accommodation is requested by or on the behalf of one or more disabled persons protected under the fair housing laws who will occupy the dwelling.
b.
The requested accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a dwelling.
c.
The requested accommodation will not impose an undue financial or administrative burden on the city as "undue financial or administrative burden" is defined in the fair housing laws.
d.
The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning code, as "fundamental alteration" is defined in the fair housing laws. In considering whether the accommodation would require such a fundamental alteration, the reviewing authority may consider, among other factors:
i.
Whether the requested accommodation would fundamentally alter the character of the neighborhood;
ii.
Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking;
iii.
Whether the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan; and
iv.
Whether the requested accommodation would create an institutionalized environment due to the number of, and distance between, facilities that are similar in nature or operation.
e.
The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or physical damage to the property of others.
8.
Conditions of Approval. In granting a request for a reasonable accommodation, conditions of approval may be imposed as deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the required findings. The reviewing authority shall issue a written determination to approve, conditionally approve, or deny a request for a reasonable accommodation. The reviewing authority may approve an alternative reasonable accommodation that provides an opportunity to use and enjoy a dwelling equivalent to that which would be provided by the accommodation specifically requested where such alternative accommodation would reduce impacts to neighboring properties or the surrounding area. The director shall mail written notice of the determination to the applicant and as part of such notice shall advise the applicant of the right to appeal the determination. The written determination must explain in detail the basis of the decision. The written decision of the reviewing authority shall be final, unless appealed.
9.
Any reasonable accommodation approved shall expire 180 days after issuance, unless otherwise indicated by the community development director or unless the use of land or structures or building construction has commenced and is being diligently pursued, as evidenced by current inspections and/or valid building permits.
10.
Any reasonable accommodation may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or city ordinance is violated in connection with the reasonable accommodation. The revocation procedures in Section 17.44.100 will be followed to revoke a reasonable accommodation.
11.
If the disabled person who initially occupied the applicable dwelling and for whom the reasonable accommodation was granted ceases to reside at the premises, the reasonable accommodation will remain in effect only if the community development director determines that:
a.
The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the requirements of this title; or
b.
The accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The community development director may request that any successor-in-interest to the property provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the community development director will result in the termination of a previously approved reasonable accommodation and the applicable premises must subsequently be made to conform to requirements of this title.
(Ord. 515 § 10, 2023)
§ 17.44.050 Amendments to the general plan, specific plans, zoning map and zoning code.
A.
Authority. The adoption or amendment of a general plan element or map, specific plan, zoning map or zoning ordinance is a legislative act. The planning commission and city council shall each hold at least one public hearing on any general plan, specific plan or zoning amendment request. Following a public hearing, the planning commission shall make a written recommendation to the city council whether to approve, approve in modified form or disapprove any proposed amendment. The city council shall be the decision authority for all general plan amendments, specific plans and zoning amendment requests.
B.
Initiation. Proposals to amend the general plan, any specific plan, the zoning map or zoning code may be initiated by either of the following methods:
1.
By the owner or the owner's agent of the affected property filing an application with the community development director;
2.
By the adoption of a resolution of intent by the city council either directly or upon the recommendation of either the planning commission or the community development director.
C.
Pre-Screening. Applications for general plan, specific plan, or zoning amendments proposed pursuant to subsection (B)(1) of this section shall only be accepted during the following submittal cycle schedule:
ACTION | CYCLE 1 | CYCLE 2 |
|---|---|---|
Application cycle deadline (application must be deemed complete by this date) | November 30th | May 31st |
City council public hearing and decision | Not later than the second regular meeting of city council in May | Not later than the second regular meeting of city council in November |
1.
A pre-screening application shall be submitted and approved by the city council prior to submittal of a formal application for a general plan, specific plan, or zoning amendment submitted by an applicant other than the city of Moorpark.
2.
A pre-screening application shall be made in a form and include the information as required by the community development department. The application shall include appropriate maps, diagrams, text, and materials and shall include a fee or deposit as set forth by adopted council resolution.
3.
The city council shall hold at least one public hearing to consider a pre-screening application for a general plan, specific plan, or zoning amendment and render a decision on the approval or denial of the proposed amendment to allow a formal application to be submitted to the community development department.
4.
In accordance with Section 17.44.060, no resubmittal of a substantially similar application may be made for one year after a denial decision of a pre-screening request.
5.
City council approvals of general plan, specific plan, or zoning code pre-screening applications are valid for two years from the date of approval, by which an application for the general plan, specific plan or zoning amendment must be filed and deemed complete.
D.
Filing of Formal Applications. Applications for general plan, specific plan, or zoning amendments proposed pursuant to subsection (B)(1) shall submit an application consistent with the requirements outlined in Chapter 17.44 of this title. Applications for which have not received an approved pre-screening, as described in subsection C, shall not be accepted.
E.
Study of Additional Area. The community development director, upon review of an application or resolution of intention for an amendment to the general plan map, any specific plan map or zoning map may elect to process the study of additional areas for amendment concurrently with the amendment request.
F.
Findings. The city council shall make the following findings for amendments to the general plan, specific plans, zoning map or zoning code:
1.
The proposed amendment is deemed to be in the public interest.
2.
The proposed amendment is consistent and compatible with the rest of the general plan and any implementation programs that may be affected.
3.
The potential impacts of the proposed amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare.
4.
The proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA).
(Ord. 515 § 10, 2023)
§ 17.44.060 Filing and processing of applications.
A.
Submission of Applications. An application for a zoning clearance, discretionary permit or variance, or an amendment or adoption of a general plan element or map, specific plan, zoning map or zoning ordinance may be filed by the owner of the affected property or by an agent authorized by the affected property owner. The application shall be filed with the community development director, conform to the requirements of this title, contain all required materials and information prescribed by the forms supplied by the community development director and be accompanied by the appropriate processing fees as established by city council resolution.
B.
Fees.
1.
Payment at Time of Application Submittal. Each application request shall be accompanied by payment of the required fee established by resolution of city council. No filing fee shall be charged or collected for any application or appeal filed and signed by two planning commissioners or any individual city councilmember in their official capacity.
2.
Reimbursement for Code Enforcement Activities. Where a use has commenced, or construction has begun prior to the granting of any required zoning clearance, discretionary permit or exception, or amendment or adoption of a general plan element or map, specific plan, zoning map or zoning ordinance, the applicant shall submit additional fees to cover the costs associated with code enforcement activities at the time the application is submitted as determined by the community development director. Payment of such additional fees shall not relieve persons from fully complying with the requirements of this code, nor from any other penalties prescribed herein.
3.
Failure to Pay. In the event that all fees and charges have not been paid prior to action on the permit or variance the community development director shall include, as a condition of approval, the requirement to pay all outstanding fees and charges consistent with the adopted city council fee resolution.
C.
Existing Violations. No application pursuant to this title shall be accepted for processing if there is an existing violation of the zoning ordinance, subdivision ordinance or municipal code on the affected lot or building, until the violation is abated, unless the community development director has determined that acceptance of the application is necessary to abate the existing violation.
D.
Reapplication. No application pursuant to this title shall be accepted for processing for one year after a denial decision has become effective on a similar application as determined by the community development director.
E.
Content of Applications. The content of applications shall be determined by the community development director and may include, but not be limited to, site plans, building or structure elevations (in color with building materials identified), floor plans, samples of exterior finishing materials and identification of development phases, if any.
F.
Completeness of Application. A determination as to the completeness of an application pursuant to this title shall be made by the community development director and the applicant shall be notified in writing of this determination no later than 30 calendar days after the city has accepted an application under this title. Legislative acts, such as general plan amendments, zoning ordinance amendments, zone changes, amendments to specific plans, specific plan adoption and development agreements, are not subject to this requirement. Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of 90 days from the date of notification of incompleteness. All unused fees shall be refunded to the applicant. An extension to this 90 day period may be granted by the community development director upon written request by the applicant showing good cause.
G.
Review and Conditioning of Applications.
1.
Agency Review. The community development director or designee may solicit comments and recommendations on a permit or variance application from any city department, permitting agency, service provider and other interested party as deemed appropriate by the director or designee for the specific application.
2.
Consultant Review. The community development director or designee may refer any application request to an independent, qualified consultant for review and evaluation of issues beyond the expertise or staffing capabilities of the city. The costs for all such consultant work combined with the administrative charge in effect at the time for management of the consultant contract shall be borne by the applicant and are independent of the fees paid to the city for the processing of the application request.
3.
Securities. Except as otherwise specified in this title, the decision-making authority may require a performance security on any discretionary entitlement as a condition of such entitlement. The security(ies) shall be filed in a form acceptable to the city attorney and certified by the city clerk.
a.
The required amount of the security(ies) may be increased periodically by the community development director in order to compensate for inflation (based on the applicable regional Consumer Price Index) or other factors, so that the same relative value of the security is maintained over the life of the permit, and to assure that performance securities continue to reflect the actual anticipated costs for completing a required task. No security shall be released until after all of the applicable conditions of the permit have been met.
b.
In the event of any failure by the applicant to perform or comply with any term or condition of a discretionary entitlement, the decision-making authority may, after notice to the applicant and after a public hearing, determine by resolution the amount of the penalty, and declare all or part of the security forfeited. The applicant will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the city. The forfeiture of any security shall not insulate the applicant from liability in excess of the sum of the security for damages or injury, nor from expense or liability suffered by the city from any breach by the applicant of any term or condition of the discretionary entitlement or of any applicable ordinance or of the security.
c.
The applicant shall maintain the minimum specified amount of a penal security throughout the life of the entitlement. Within 30 days of any forfeiture of a penalty security, the applicant shall restore the security to the required level.
4.
Abandoned Oil/Gas Wells. All applications will be reviewed for the location over or near any abandoned or idle-deserted oil or gas well, based on maps provided by the state of California Department of Conservation Division of Oil, Gas, and Geothermal Resources (D.O.G.G.R.). The city will notify D.O.G.G.R. of the location of any proposed project that is found to be over or near any such well(s).
H.
Continuance of Permit During Application Renewal Process. Unless otherwise provided in the conditions of the permit or variance, permits and variances being processed for renewal shall remain in full force and effect until the renewal request is acted on and all administrative appeals have been exhausted, provided that the renewal application was accepted as complete by the city prior to the expiration of the permit. All the terms and conditions of the permit or variance shall continue to be in full force and effect.
(Ord. 515 § 10, 2023)
§ 17.44.070 Public hearing procedures.
A.
Notice. For applications pursuant to this title requiring a public hearing before the city council or planning commission, the community development director shall prepare a public hearing notice. The notice shall include the date, time and place of the hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.
1.
Publication. The community development director shall give notice of the public hearing, consistent with the requirements of this section by publication at least 10 days prior to the hearing in a newspaper of general circulation within the city, unless otherwise required by state or federal statute.
2.
Mailing. The community development director shall mail the notice of the public hearing on permit or variance applications pursuant to Government Code Section 65091, as the same may be amended from time to time. Notices shall be mailed to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Rolls, within 1,000 feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing for all applications except applications affecting property completely within the downtown specific plan boundaries and applications affecting one single-family residence, where notices shall be mailed to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Rolls, within 300 feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing. If the number of owners to whom notice would be mailed is greater than 1,000, the community development director may provide notice by placing a display advertisement of at least one-eighth (1/8) page in a newspaper of general circulation within the city at least 10 calendar days prior to the hearing. In the case of appeal hearings, notice shall also be mailed to the appellant and the decision-making authority whose order, requirement, permit, decision or determination is the subject of the appeal at least 10 calendar days prior to the hearing.
3.
Sign.
a.
At least 11 calendar days prior to the date of the public hearing, the applicant shall install at least one nonilluminated sign on the subject property to notice the hearing. The sign shall be 32 square feet in area, not exceed eight feet in height and be placed in an area of the property most visible to the public, not more than five feet from the front property line in residential areas, and not more than one foot from the front property line in commercial and industrial areas. At least one sign for every 500 feet of street frontage shall be displayed per street frontage of the subject property. The community development director may reduce the number of signs; however, the reduction shall be no less than one sign per street frontage.
b.
The heading of the sign shall state: "Notice of public hearing on proposed development (fill in the application name provided by the community development director) Case No. (fill in the case number provided by the community development director)." The content of the sign shall describe the type of project (residential, industrial or commercial), including the square footage, number of units, etc. Adjectives such as "luxurious" or "elegant" shall not be used. The date, time and location of the public hearing, and the telephone numbers and e-mail addresses of the developer and of case planner assigned to the application shall also be included on the sign. The public hearing sign shall not contain any additional information unless approved by the community development director.
c.
The sign shall be removed from the property not more than 12 calendar days after the final action by the city on the application.
B.
Hearing Process. For all discretionary entitlement applications with the exception of administrative permits, temporary use permits, and administrative exceptions, the decision-making authority(ies) shall hold at least one public hearing. At least three working days prior to such hearing, the community development director shall prepare a report on the project, along with any recommendations, and provide copies of the report to the decision-making authority, the applicant and parties requesting copies of the report. Presentation of the director's report and the public hearing process shall follow the hearing process as described in the adopted rules of the planning commission and city council.
C.
Referral for Information, Report or Study. The planning commission may refer an application back to the community development director for further report, information or study. The city council may refer a matter back to the planning commission or the community development director for further report, information or study.
(Ord. 515 § 10, 2023)
§ 17.44.080 Decisions.
A.
Decision Options. The decision-making authority reviewing an application for a discretionary permit or exception may approve, conditionally approve, deny or modify, wholly or partly, the application being reviewed. The authority may impose such conditions and limitations as it deems necessary to assure that the general purpose and intent of this title and this code will be observed. All conditions and restrictions applied to a decision on an application shall automatically continue to govern and limit the subject use or structure unless the action of the decision-making authority clearly indicates otherwise, or the action of the decision-making authority is appealed.
B.
Time Limits. All decisions on applications made pursuant to this title shall be made in compliance with applicable time limits set forth by state law under the Permit Streamlining Act as most recently amended, to the extent such applies, unless a mutually agreed-upon extension is approved by the community development director and applicant as permitted by the Permit Streamlining Act.
C.
Notice of Decision. The community development director shall notify the applicant of a decision by the planning commission within 30 calendar days following the effective date of a decision. The city clerk shall notify the applicant of a decision by the city council within 30 calendar days following the effective date of a decision. The notification shall be provided in writing and transmitted via U.S. mail or in an electronic format, such as through the internet or by facsimile. In the case of appeals, the authority whose decision is the subject of an appeal shall also be notified of the decision.
E.
Effect of an Appeal. Neither the applicant nor any enforcement agency may rely on an authority's decision until the expiration of the decision-maker authority's appeal period or until the appeal has been resolved, whichever occurs later in accordance with Section 17.44.090. Actions by the decision-making authority are stayed pending the consideration of the appeal.
F.
Expiration and Time Extension. Unless otherwise specified in this title or in the permit or exception conditions, any discretionary permit or exception included in Section 17.44.040 shall expire two years from the date of approval unless the use is inaugurated in accordance with this title and the application conditions. The applicant is solely responsible for the timely renewal of any application. The city has no obligation to notify the applicant of the imminent expiration of the application. An application for a time extension shall be filed with the community development director at least 30 calendar days prior to the date of expiration. The time extension application shall be filed on the forms supplied by the community development director and shall be accompanied by the submittal requirements specified by the director and the appropriate filing fee. The time extension process shall conform to the process for the original permit or exception identified in Section 17.44.060. In considering a request for a time extension, the decision-making body may approve the request, deny the request, or modify or add to any conditions of approval originally imposed due to changed circumstances since the permit or exception was originally considered. Further extensions may be granted in conformance with the statutes of the California Subdivision Map Act (Government Code Section 66452 or other applicable regulation).
(Ord. 515 § 10, 2023)
§ 17.44.090 Appeals.
A.
Authority to Appeal.
1.
All actions and decisions of the community development director authorized by this title, unless otherwise pre-empted, may be appealed by any person, including a member of the planning commission, to the planning commission. The appellant shall file the appeal in writing, along with the applicable fee, with the community development director. The appellant shall state the reasons for the appeal and relate the reasons to the required findings for approval of the application. An appeal of an action or decision of the community development director filed by a city councilmember shall be taken to the city council for consideration.
2.
All actions of the planning commission authorized by this title may be appealed by any person, including a member of the city council, to the city council. The appellant shall file the appeal in writing, along with the applicable fee, with the community development director. The appellant shall state the reasons for the appeal and relate the reasons to the required findings for approval of the application.
3.
Actions and decisions of the city council authorized by this title are not appealable.
B.
Time Limits. All appeals of decisions authorized by this title shall be filed with the community development director no later than the close of business 10 calendar days after the date of the final action of the decision-making authority. If the tenth (10th) calendar day after the date of final action occurs on a day that the city is closed for business, the appeal may be filed before the close of business on the next day that the city is open for business. Actions of the decision-making authority, including decisions on appeals, not appealed within these time limits are final.
C.
Fees. Persons filing appeals shall pay all applicable fees in effect at the time of the appeal as established by resolution of the city council, unless exempt per subsection (B)(1) of Section 17.44.060. No fee shall be required when the item is appealed by a city councilmember.
D.
Appeal Process.
1.
The appellate body shall review the project application in the same form as reviewed by the original decision maker and the review shall be conducted de novo.
2.
An appeal shall be subject to the same type of public action process (i.e., action item without public hearing or public hearing item) and public noticing as required for the original project application.
3.
An appeal shall be scheduled for the next available regular meeting of the appellate body following completion of the required legal notice provisions.
(Ord. 515 § 10, 2023)
§ 17.44.100 Modification, suspension and revocation.
A.
Modification of Permits. An application for modification of an approved discretionary permit or approved variance pursuant to this section may be filed by any person or entity listed in subsection A of Section 17.44.060. Any change of an approved discretionary permit is also a discretionary decision and shall be classified into one of the following three categories:
1.
Permit Adjustment. Any change which would not alter any of the findings pursuant to this title, nor any findings contained in the environmental documentation prepared for the permit and would not have any adverse impact on surrounding properties, may be deemed a permit adjustment and acted upon by the community development director or designee without a hearing. Any change shall conform to the development requirements of this title or adopted specific plan. Such changes may include, but are not limited to, the following:
a.
A maximum of 20% increase in floor area but not more or less than 10,000 square feet, respectively;
b.
A maximum of 20% increase or decrease in the area or height of walls, fences or similar structures used as screening;
c.
A maximum of 20% increase or decrease in provision for landscaping or similar standards or dimensions;
d.
Internal remodeling or minor exterior architectural changes or embellishments involving no change in basic architectural style;
e.
A change in use where the new use requires the same or a lesser permit than the approved or existing use; or the establishment of a new use in an unoccupied building for which a permit has been granted.
2.
Permit Modification. Any proposed change that exceeds the criteria of a permit adjustment but is not extensive enough to be considered a substantial or fundamental change in the approved entitlement or use relative to the permit, would not have a substantial adverse impact on surrounding properties and would not change any findings contained in the environmental documentation prepared for the permit, may be deemed a permit modification by the community development director. Action on the permit modification application shall be by the decision-making body that approved the original permit by the same type of public action process (i.e., action item without public hearing or public hearing item) and public noticing as required for the original project application.
3.
New Permit Required. Any proposed modification that does not meet the criteria for a permit adjustment or permit modification shall require a new permit application.
B.
Suspension, Modification or Revocation for Cause. Any permit or variance heretofore or hereafter granted may be revoked, modified or its use suspended, by the same decision-making authority and procedure which would approve the permit or variance under this title. Prior to taking any action the applicant shall be given notice by U.S. mail at least 10 business days prior to the date of the proposed revocation, modification or suspension and have an opportunity to be heard by the issuing body prior to any such revocation, modification or suspension. An application for such modification, suspension or revocation may be filed, along with applicable fees, by any person. The applicant for such modification, suspension or revocation shall have the burden of proving one or more of the following causes:
1.
The application request, which was submitted, was not in full, true and correct form.
2.
The entitlement for which an approval was granted does not comply with the terms and conditions of the entitlement.
3.
The entitlement was issued erroneously.
4.
The project is not in compliance with terms or conditions of the permit or variance.
5.
The project subject to the permit or variance, or any portion thereof, is or has been used or maintained in violation of any statute, ordinance, law or regulation.
6.
The use for which the permit or variance was granted has not been exercised for at least 12 consecutive months, has ceased to exist or has been abandoned.
7.
The use for which the permit or variance was granted has been so exercised as to be detrimental to the public health, safety or general welfare or as to constitute a nuisance.
8.
Changes in technology, or in the type or amount of development in the vicinity of the use or other good cause warrants modification of conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located.
C.
Nonwaiver. The failure of the community development director, planning commission or city council to revoke a variance or permit, or to suspend its use, whenever cause therefor exists or occurs, does not constitute a waiver of such right with respect to any subsequent cause for revocation or suspension of the use.
D.
Prohibition. No person shall carry on any of the operations authorized to be performed under the terms of any permit or variance during any period of suspension thereof, or after the revocation thereof, or pending a judgment of court upon any application for writ taken to review the decision or order of the final appeal body in the city in suspending or revoking such permit or variance; provided, however, that nothing herein contained shall be construed to prevent the performance of such operations as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance or violation, for which a suspension of the permit or variance was ordered by the applicable city entity, or such operations as may be required by other laws and regulations for the safety of persons and the protection and preservation of property.
(Ord. 515 § 10, 2023)