Newman City Zoning Code
CHAPTER 5
25 PERMIT REQUIREMENTS AND PROCEDURES
§ 5.25.010 Zoning permits.
Zoning permits shall be required for all buildings, structures hereinafter erected, constructed, altered, repaired or moved within or into any district established by this title, and for the use of vacant land, within any district established by this title. No building permit shall be issued until the zoning permit portion thereof has been completed by the Building Inspector and any required architectural review, conditional use permit or variance has been issued and become effective.
(Ord. 97-17, 10-28-1997)
§ 5.25.020 Conditional use permits.
A.
The purpose of requiring a conditional use permit is to ensure the proper integration of uses which, because of their special nature, may be suitable only in certain locations and to provide that such uses are arranged or operated in a particular manner.
1.
The conditional use permit allows a particular use or activity not allowed as a matter of right within a zoning district.
B.
Application for a conditional use permit shall be made in writing, on the form provided by the City, by the owners of the property, or by the lessee, purchaser in escrow, or optioned only upon written consent of the owners.
1.
The filing fee for a conditional use permit application shall be as established by the City Council.
C.
The Planning Commission shall be responsible for determining the merits of a conditional use permit application.
1.
A conditional use permit application may be conditionally approved or denied.
D.
The Planning Commission shall conduct a public hearing on the application in accordance with this title and State law at the earliest reasonable time following the acceptance of the application materials as complete for processing.
E.
The Planning Commission may conditionally approve a conditional use permit application only if the following findings can be made:
1.
The proposed conditional use permit is substantially consistent with the General Plan and this title; and
2.
The proposed use will not constitute a nuisance or be detrimental to the public health, safety, and general welfare, and will be in the best interest of public convenience and necessity.
3.
The site is adequate in size and shape to accommodate the proposed use, building(s) and all related activities.
4.
The site relates to streets and highways in such a manner that the type and quantity of traffic generated by the subject use will not have an adverse impact on the surrounding area.
5.
The proposed use will be compatible with the surrounding neighborhood.
F.
Any use found to be objectionable or incompatible with the character of the City and its environs due to noise, dust, odors, traffic, lack of off-street parking, or other undesirable characteristics may be prohibited.
G.
A conditional use permit shall not be issued until 10 working days have elapsed from the granting thereof to allow for the filing of any appeals.
H.
All conditional use permits granted under the authority of this title shall be implemented within one year by either:
1.
Taking actual occupancy of the building or rental space cited in the conditional use permit application.
2.
Completion of the building foundation, passing a final building inspection of the foundation work, maintaining a valid building permit and making satisfactory progress as determined by the Building Official.
3.
Significant financial investment made in accordance with, and reliance on, the approved permit, as determined by the Planning Commission.
4.
Where a conditional use permit will lead to a land subdivision, the applicant must file a complete tentative map application with the City.
I.
A conditional use permit granted pursuant to the provisions of this title shall run with the land and shall be valid for the approved use or activity and for all successors in interest of the original grantee.
J.
The Planning Commission may require any or all of the following when conditionally approving a conditional use permit application if the public health, safety and general welfare will be better protected:
1.
Special setbacks, landscaped buffers, and/or screening;
2.
Fences and/or walls;
3.
Lighting;
4.
Regulation of operating hours;
5.
Regulation of vehicular points of ingress and egress;
6.
Regulation of displays, noise, vibration, and/or odors;
7.
Provision of public improvements, easements, and/or dedications;
8.
Any other such conditions as will further facilitate orderly and efficient development in conformity with the intent and purposes set forth in this title and the General Plan.
(Ord. 97-17, 10-28-1997)
§ 5.25.030 Variances.
A.
The purpose of granting a variance is to allow, in certain cases, deviation from the strict application of the setback, building height, lot coverage, usable floor area, usable open space, floor area ratio, off-street parking or landscaped area requirements of this title, when appropriate.
B.
A variance may be granted only where the literal enforcement of the requirements of this title would involve practical difficulties or cause undue hardship that would necessarily deprive the property owner of reasonable use of the land or buildings involved by reason of:
1.
The exceptional narrowness, shallowness or unusual shape of a parcel of property;
2.
Exceptional topographic conditions, natural features, existing improvements or other extraordinary situation or physical conditions;
C.
The Planning Commission shall be responsible for determining the merits of a variance application.
1.
A variance application may be approved, conditionally approved or denied.
D.
In no case shall a variance be granted to permit a use or activity which is not otherwise expressly permitted or conditionally permitted in the zoning district in which the property is located.
E.
In no case shall a variance be granted to allow an increase in the maximum allowable residential density; a reduction of the minimum lot area, average lot width or minimum street frontage; or to vary from City improvement standards.
F.
Neither personal, family, or financial difficulties; the loss of prospective profits; or the existence of neighboring violations shall constitute justification for a variance.
G.
Application for a variance shall be made in writing, on the form provided by the City, by the owners of the property, or by the lessee, purchaser in escrow, or optionee only upon written consent of the owners.
1.
The variance application filing fee shall be as established by the City Council.
H.
The Planning Commission shall conduct a public hearing on the variance application, in accordance with this title and State law, at the earliest reasonable time following acceptance of the application materials as complete for processing.
I.
The Planning Commission may approve, or conditionally approve, a variance application only if the following findings can be made:
1.
The variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the same zoning district and the vicinity.
2.
The variance will not be detrimental to the public health, safety, and general welfare.
3.
The variance will not materially impair the purposes of this title or the General Plan.
4.
The subject property has special circumstances or conditions whereby the strict application of the zoning ordinance standards would deprive the property of privileges enjoyed by other properties in the same zoning district and the vicinity.
5.
The variance will be compatible with the neighborhood.
J.
A variance shall not be issued until 10 working days have elapsed from the granting thereof to allow for the filing of any appeals.
K.
A variance granted pursuant to the provisions of this title shall run with the land and shall be valid for the original purpose for the successors in interest of the original grantee.
L.
A variance granted under the authority of this title shall be implemented within one year of the date of approval in accordance with the standards of this chapter.
(Ord. 97-17, 10-28-1997)
§ 5.25.040 Architectural and site plan review.
A.
An application for architectural and site plan review shall be required of certain buildings, sites, projects, uses and/or activities as described in this section and other sections of this title.
B.
The purposes of architectural and site plan review are to:
1.
Maintain compliance with the specific regulations of this title;
2.
Implement the General Plan;
3.
Ensure that new development is compatible with the character of the existing neighborhood and not detrimental to the orderly and harmonious development of the City;
4.
Improve the overall visual appearance of the City; and
5.
Not impair the desirability of investment or occupation in the neighborhood.
C.
Application for architectural and site plan review shall be made in writing by the owners of the property, or by the lessee, purchaser in escrow, or optionee only upon written consent of the owners. The application shall be on a form provided by the City.
1.
The filing fee for an architectural and site plan review application shall be as established by the City Council.
D.
The Planning Director shall schedule applications for architectural review at the earliest reasonable time following acceptance of the application materials as complete for processing.
E.
The Planning Commission shall review and evaluate all applications for site plan review for conformance with the pertinent sections of this Code. Upon completion of the review and evaluation of a site plan review application, the Planning Commission shall either deny the site plan review or shall grant or modify the site plan review subject to specified conditions. The Planning Commission may impose such requirements and conditions with respect to compliance with and conformity to adopted design review guidelines, site layout, location of open space, building design, building siting, compatibility with surrounding land and development, and other associated items as determined by the Planning Commission.
F.
An application for architectural and site plan review shall be required for the following types of projects and/or permits:
1.
In any case where an application is made for a building permit for any building or structure permitted in any R-3 or any C, M or I Zoning Districts.
2.
All new residential projects and/or subdivisions which could result in construction of single-family or multiple-family residential units.
3.
All mixed land use projects which require new construction or exterior building modifications.
4.
All publicly financed projects administered by the City and all projects constructed on City-owned land.
5.
In any case where an application for an exterior modification, visible from a public street, is made and where such a modification requires a building permit, for any building or structure permitted in any R-1 District, the application shall be subject to site and plot plan review and approval by the Architectural Review Committee.
G.
When considering an architectural review application, the Architectural Review Committee shall evaluate:
1.
General architectural considerations, including, but not limited to:
a.
The character, scale, and quality of the design.
b.
The project's architectural relationship with the site and other buildings in the vicinity.
c.
Building materials and colors.
d.
Fences, walls and the screening of exterior appurtenances.
e.
Exterior lighting and business signage.
2.
General landscape considerations, including, but not limited to:
a.
The location, type, size, color, texture and coverage of plant materials.
b.
Provisions for irrigation and the maintenance and protection of landscaped areas.
c.
The use of other landscape materials and features, such as bark chips, shredded bark, decorative stones, outdoor furniture and similar elements.
d.
The use of native and/or drought-tolerant landscaping whenever it is reasonable and practical to do so. Planting of valley oaks is encouraged.
e.
Vegetation patterns of older adjacent neighborhoods should be extended into newer landscaped areas.
3.
Compliance with standards and requirements of this title and the General Plan.
H.
When considering a site plan review application, the Planning Commission shall evaluate:
1.
The elevation of the proposed buildings or structures;
2.
The location of all the proposed buildings, structures, facilities and open spaces;
3.
The location of all on-site vehicular and pedestrian circulation;
4.
The location of all on-site parking, garages and/or carports;
5.
The location of all land to be dedicated to or reserved for public use;
6.
The location and extent of street improvements;
7.
The location of all garbage and refuse facilities;
8.
All dimensions required by any applicable provision of this code;
9.
The landscaping and irrigation plan;
10.
Compliance with standards and requirements of this title and the General Plan;
11.
Other information as may be deemed necessary.
I.
In order to grant approval of an architectural review, the Architectural Review Committee must find the following:
1.
Consistency and compatibility with the site and its surroundings, neighboring architectural style, design, arrangement, texture, materials, colors, neighborhood character, architectural and/or aesthetic interest, contribution to the aesthetic and/or economic vitality of the community, effects on major interior architectural features, the City of Newman Design Guidelines, adopted area or specific plans, and any other pertinent factors.
J.
In order to grant approval of a site plan review, the Planning Commission must find the following:
1.
That the architectural and general appearance of the structures and grounds shall have architectural unity and be in keeping with the character of the neighborhood as not to be detrimental to the orderly and harmonious development of the City, or to the desirability of investment or occupation in the neighborhood.
2.
That the site plan is consistent with all adopted City plans, documents, and ordinances, including but not limited to this title, any applicable specific and/or master plans, any adopted development standards and design guidelines, and the General Plan.
K.
In rendering a decision, the Planning Commission and Architectural Review Committee may impose such conditions or design changes as are deemed necessary and appropriate to promote good community and project design, further the purposes of the design review process, and protect the public health, safety, and general welfare.
L.
Final architectural and site plan review approval shall not be issued until 10 working days have elapsed from the granting thereof to allow for the filing of any appeals.
M.
Architectural and site plan review approval granted pursuant to the provisions of this title shall run with the land and shall be valid for the original purpose for the successors in interest of the original grantee.
N.
Architectural and site plan review approval granted under the authority of this title shall be implemented within one year of the date of approval in accordance with the standards of this chapter.
(Ord. 97-17, 10-28-1997; Ord. 2001-4 § 1, 11-27-2001; Ord. 2007-12 § 1, 12-11-2007)
§ 5.25.050 Public hearings.
A.
Notice Information. All public hearing notices shall be prepared in such a way as to allow interested persons to understand the basic nature of the proposal. A public hearing notice shall include all of the information required by State law including, but not limited to, the following:
1.
The date, time and location of the public hearing;
2.
The body conducting the public hearing;
3.
A brief description of the project;
4.
The project street address and general location;
5.
The names of the project applicant and property owner;
6.
The City file and/or permit number; and
7.
A statement advising interested persons that they have the right to appear at the public hearing and be heard.
B.
Notice Procedure. Notice of a public hearing shall be provided in a minimum of two of the following:
1.
Publication in a newspaper of general circulation in the City not less than 10 working days prior to the date of the hearing.
2.
Posting the notice of the hearing at the site of the property involved not less than 10 working days prior to the hearing.
3.
Mailing notice of the hearing by first-class mail at least 10 working days prior to the date of the hearing to all owners of real property, as shown on the latest equalized assessment roll, within 300 feet of the boundaries of the real property that is the subject of the hearing.
4.
For public hearings affecting property on a City-wide level or where more than 1,000 notices would have to be mailed, an alternative to the noticing procedures in subsection (B)(3) of this section may be used by publishing a display advertisement of at least one-eighth page in size, published at least 10 working days prior to the date of the public hearing in a newspaper of general circulation.
C.
Additional Notices.
1.
Mailing notice of the hearing at least 10 working days prior to the hearing date to the owner of the subject real property and his or her duly authorized agent, and the project applicant.
2.
Mailing notice of the hearing at least 10 working days prior to the hearing date to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project and whose ability to provide those facilities and services may be significantly affected.
(Ord. 97-17, 10-28-1997)
§ 5.25.060 Appeals.
A.
Any order, requirement, decision, determination, interpretation, or ruling made by the Planning Commission, Architectural Review Committee, Planning Director or other City staff may be appealed by any interested person.
1.
The matter on which an appeal is based must have been raised at the public hearing.
2.
The participation and basic requirements shall not apply to permits or decisions not involving public notice or a public hearing.
B.
Appeals filed from decisions of the Architectural Review Committee, Planning Director or other City staff shall be made to the Planning Commission in writing within 10 working days after the date of the decision on a form prescribed for that purpose by the City.
1.
The Planning Director may require reasonable plans, drawings, photos, reductions and/or other information in order to facilitate the processing of the appeal and the conduct of the public hearing.
2.
The filing fee for an appeal shall be as set forth by the City Council.
3.
At the scheduled public hearing, the Planning Commission shall either affirm, reverse or modify the decision being appealed.
a.
The Planning Commission may remand the matter for reconsideration and further hearings because of a desire for additional information, or due to the submission of new material or evidence not previously considered.
4.
A final decision of the Planning Commission may be appealed to the City Council within 10 working days by any interested person, provided that person participated in a prior public hearing on the decision.
a.
The participation requirement shall not apply to permits or decisions not involving a public hearing.
5.
The appeal shall be submitted to the City Clerk in writing, and shall be accompanied by the required fee as set forth by the City Council.
6.
The City Clerk shall place the appeal on the City Council agenda within 45 calendar days of the filing thereof.
7.
The City Clerk shall publish notice of the appeal as required by State law and this title and shall provide written notification to the appellant, applicant and owner at least 10 working days prior to the date set for the hearing.
8.
Unless a continuance has been granted, the City Council shall proceed to hear the appeal on the specific issues cited in the appeal request.
9.
Following termination of the public hearing, and within 45 calendar days thereof, the City Council shall by resolution affirm, reverse, or modify the decision of the Planning Commission.
a.
An appeal may be referred back to the Planning Commission by the City Council because of a desire for additional information, or due to the submission of new material or evidence which the Planning Commission had not considered in rendering its decision.
10.
An appeal may be granted by the City Council and referred back to the Planning Commission for the application of conditions consistent with the decision of the Council.
11.
A member of the City Council shall have the right to call up for review by the City Council any decision or action of the Planning Commission, City staff or other body within 10 working days of the decision or action.
(Ord. 97-17, 10-28-1997)
§ 5.25.070 Permit reapplication.
A.
If an application for a zoning amendment, conditional use permit, variance or other permit, license or entitlement of any kind is denied, and the applicant does not file an appeal within the required time period, said application shall not be eligible for resubmittal as a new application for a period of one year after the date of such denial.
B.
If an application for a permit, license or entitlement of any kind is denied "without prejudice," it may be resubmitted as a new application for consideration at any time.
(Ord. 97-17, 10-28-1997)
§ 5.25.080 Conversion of dwellings.
A.
The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of living units or households shall not be permitted except within a zoning district in which a new building for the same occupancy would be permitted in accordance with the provisions of this title.
B.
Furthermore, such a conversion shall comply with the following requirements:
1.
Securing of the appropriate permit (certificate of occupancy, architectural review, conditional use permit), as required by this title.
2.
Compliance with all requirements governing new residential construction in the affected zoning district including, but not limited to, required lot area, unit density, floor area, property line setbacks, off-street parking, etc.
(Ord. 97-17, 10-28-1997)
§ 5.25.090 Revocation of permits.
A.
The purpose of this section is to provide a uniform procedure for the revocation of discretionary permits, licenses or other entitlements when the conditions of approval are not being complied with as agreed to in writing, by the applicant and the property owner at the time of approval.
B.
Upon a determination by the Planning Director that any of the following conditions exist, a revocation hearing shall be set:
1.
Conditions of a discretionary permit, license or other entitlement have not been, or are not being, complied with.
2.
The discretionary permit, license or entitlement was granted on the basis of false or misleading information, written or oral, given either willingly or negligently by the applicant, property owner or their representative.
3.
The use, activity, or the purpose for which the permit, license or entitlement was issued, has been discontinued for a period of six months or more.
C.
A hearing and notice are required prior to the revocation of any permit, license or other entitlement. The revocation hearing is not required to be a public hearing unless State law requires otherwise.
1.
The holder of the permit, license or entitlement and the property owner shall be given full opportunity to present written information and verbal comments at the revocation hearing.
2.
The body or person issuing the original permit shall hold the revocation hearing and shall accept and consider all written information and verbal testimony from the property owner, permit holder and other interested persons for and against the revocation action.
a.
The hearing may be continued to a date, time and place certain without any further notice.
3.
Notices for the revocation hearing shall be given in the following manner, unless State law requires otherwise:
a.
Notice of the revocation hearing shall be sent via first-class mail to the holder of the permit, license or entitlement and the property owner at least 15 calendar days prior to the hearing date.
b.
The hearing notice shall include the date, time and place of the hearing and list the violations constituting the basis for the revocation action.
c.
The hearing notice shall be posted at the site of the property involved at least 10 days prior to the hearing date.
D.
The hearing body shall render a decision within 21 calendar days of the close of the revocation hearing and shall mail notice of the decision via first-class mail to the permit holder and the property owner of the property in question.
E.
The applicant, property owner, or any person aggrieved by the decision of the hearing body may appeal the decision to the appropriate appeal body within 10 working days of the date of the final decision.
F.
The above process shall not preclude the Building Official from ordering the immediate abatement of a violation prior to the holding of a hearing when, in the opinion of the Building Official, the violation presents a hazard to, or threatens the public health, safety and general welfare.
G.
Nothing in this chapter precludes the City from pursuing other remedies provided by law.
(Ord. 97-17, 10-28-1997)