Oakley City Zoning Code
ARTICLE 16
ADMINISTRATION
§ 9.1.1602 Variance And Conditional Use Permits.
a.
Qualified Applicant. A qualified applicant may apply for a land use permit to apply to land in any land use district established in Article 3 of this chapter, for one (1) or more of the uses for which land use permits may be granted in the district. A "qualified applicant" is any person having a freehold interest in land, a possessory interest entitling him to exclusive possession, or a contractual interest that may become a freehold or exclusive possessory interest and is specifically enforceable. An application shall be filed with the Community Development Department.
b.
Variance and Conditional Use Permits; Application Requirements. Application for a variance or conditional use permit shall be filled by the owner of the property for which the permit is sought, or by the authorized representative of the owner; provided, however, that the City Council, upon written request of the owner’s authorized representatives of the owners of the majority of the property in an area for which a development is being proposed, may authorize the filing of an application without the approval of all the property owners or their authorized representatives if the City Council determines that to do so is in the best interest of the City. Application shall be made to the Commission on forms furnished by the Community Development and shall be full and complete.
c.
Renewed Application After Denial. If any application for a land use or variance permit is denied (unless the denial is without prejudice to refilling), no new application shall be made or accepted within one (1) year after the effective late of denial, unless:
i.
The applicant shows material change in the circumstances upon which the denial was based; and
ii.
The Community Development Director accepts the new filing on these grounds. If the Community Development Director rejects the new application, he shall communicate his reasons to the applicant.
iii.
Materially changed circumstances means that:
1.
The proposed use or variance is significantly different from that originally applied for; and/or
2.
The lot involved has been diminished or enlarged with the result that the proposed use or variance would be more compatible to the revised lot than the situation originally applied for; and/or
3.
There has been a change in zoning classification that significantly affects this land.
d.
Variance and Conditional Use Permits; Notice Requirements.
1.
Mail; Addresses. The Community Development Department shall schedule a hearing before the appropriate division, and mail notice thereof pursuant to Government Code Section 65905. The mail notice shall be given, by postage prepaid first-class United States mail, to all owners of real property within three hundred feet (300’) of the subject land, using addresses from the last equalized assessment roll, or from such other records (as the Assessor’s or Tax Collector’s) as contain more recent addresses in the opinion of the Planning Director.
2.
Contents. The notices shall state the time, date and place of the hearing, the general nature of the application, and the street address, if any, of the property involved or its legal or boundary description if it has no street address. Substantial compliance with these provisions for notice is sufficient, and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this section.
3.
Revocations. Notice of hearings on revocations shall be given in the same manner as on applications.
e.
Variance Permit Standards. An application for a variance permit is an application to modify zoning regulations as they pertain to lot area, lot building coverage, average lot width, lot depth, side yard, rear yard, setback, auto parking space, building or structure height, or any other regulation pertaining to the size, dimension, shape or design of a lot, parcel, building or structure, or the placement of a building or structure on a lot or parcel. The division of the Planning Agency hearing the matter either initially or on appeal shall find the following conditions that must exist prior to approval of an application:
1.
That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located;
2.
That because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district;
3.
That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the subject property is located.
f.
Conditional Use Permit Standards. An application for a conditional use permit is an application to establish a land use within a land use district that does not allow establishment by right, but does allow the granting of a land use permit after a public hearing. The commission, in approval or conditionally approving a conditional use permit, shall find as follows:
1.
That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this title to adapt the use with land and uses in the neighborhood;
2.
That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
3.
The proposed use will be arranged, designed, constructed, operated and maintained so as to be compatible with the intended character of the area and shall not change the essential character of the area from that intended by the general plan and the applicable zoning ordinances;
4.
That the proposed use provides for the continued growth and orderly development of the community and is consistent with the various elements and objectives of the general plan;
5.
That the proposed use, including any conditions attached thereto, will be established in compliance with the applicable provisions of the California Environmental Quality Act.
g.
Variance and Conditional Use Permits; Termination. Conditional use and variance permits and licenses issued pursuant to this chapter shall terminate as provided in subsections 10-B-1.9 through 10-B-1.11.
h.
Variance and Conditional Use Permits; Exercise and Use. A permit issued under provisions of this chapter shall be deemed to be exercised, used or established when, within one (1) year of the granting, or within the time otherwise specified on the permit, a building permit is issued by the Building Inspector for the purpose and location described on the permit, providing that the building permit does not expire. If no building permit is required under the Building Code to establish such variance, use or other matter granted, then the permit shall be deemed to be exercised, used or established when clear and visible evidence is demonstrated on the subject property as to its beginning and continual development thereafter until completed. Upon a showing of good cause therefor, the Community Development Director may extend the period of a permit, in which it is to be exercised, used or established, for a maximum of one additional year. A time period stated in the permit shall govern over this provision.
i.
Variance and Conditional Use Permits; When Void; Time Extension. If a use is established according to the terms and conditions of a permit and the use is discontinued for any reason for a period of six months, the permit shall become void and the use shall not be resumed. Upon application during the six-month period by the owner and upon a showing of good cause the Community Development Director may grant an extension not to exceed a total of six months.
j.
Previously Expired Variance, Conditional Use and Special Permits. Any permit previously issued which expired, was revoked or became void under any provision of law then in effect shall not be revived by any of these provisions.
§ 9.1.1604 Design Review.
a.
Purpose and Findings.
1)
Purpose. The purpose of this section is to provide the process for the review and analysis of proposed projects’ design, including site plans, architectural elevations, conceptual landscape plans, and other physical development for all lots within all zoning districts. Design review control should be the minimum necessary to ensure compliance with the applicable sections of the Zoning Ordinance and achieve the purposes, intents, and goals of the Oakley Residential Design Guidelines and Oakley Commercial and Industrial Design Guidelines.
2)
Findings. The City Council finds that:
a)
The design, appearance, and manner of development of all properties within the City have a substantial relationship with the characteristics of public and private places that make a community visually interesting, functional, and a source of community pride.
b)
Development within the City should be in a manner that is of high quality and allow for flexibility of unique solutions to enhance a project’s design so that it can be successfully integrated into the existing fabric of the City, while preserving the City’s human scale and sense of place.
c)
The quality of life and stabilization of property values are enhanced by project design that meets the criteria set forth in the Oakley Design Guidelines, Zoning Ordinance, and General Plan, as applicable.
d)
Design review is necessary to enhance project design, ensure quality development, maintain or enhance property values, and add to the visual character of the community and public health, safety, and welfare of Oakley residents.
b.
Design Review Application Required.
1)
Design review shall be required in any residential, commercial, industrial or public and semi-public zoning district for any permitted or conditionally permitted establishment of use on a property that is not already developed with full frontage improvements and on-site improvements, for new above ground buildings or structures, whether intended to be permanent or temporary, for house plans, elevations and landscaping for any custom home or residential subdivision, for modification of the facade or color of a structure (with the exception of house colors proposed by individual property owners), or for any work that alters the existing grade of a property.
c.
Design Review in Residential Zoning Districts.
1)
Tentative Parcel Maps (Less Than Five Lots) and Single Lot Development.
a)
Duty to Review.
(1)
The Zoning Administrator shall review each application for a building permit for a custom home or residential accessory structure on a single lot or for a design review application in conjunction with a tentative parcel map (a tentative map creating less than five lots) in a residential zoning district.
(2)
The Planning Commission shall review all design review applications related to nonresidential uses otherwise permitted or conditionally permitted in residential districts.
b)
Procedure for Zoning Administrator Review.
(1)
If the Zoning Administrator finds that the application for a building permit or design review is consistent with the criteria adopted under Article 4 of Chapter 9.1, Oakley Residential Design Guidelines, and State law, as applicable, the Zoning Administrator shall approve issuance of the building permit or design review.
(2)
If the Zoning Administrator finds the application for a building permit or design review is inconsistent with the criteria adopted under Article 4 of Chapter 9.1 or the Oakley Residential Design Guidelines, the Zoning Administrator shall provide comments to the applicant so that the applicant may revise the application for a building permit or design review in order to reach consistency with Article 4 of Chapter 9.1 and the Oakley Residential Design Guidelines.
(3)
If the Zoning Administrator is in doubt as to whether the application for a building permit or design review is consistent with the criteria in Article 4 of Chapter 9.1 or the Oakley Residential Design Guidelines, the application for design review shall be heard by the Planning Commission as a regular calendar item. The Planning Commission shall act upon the application at its next regularly scheduled meeting where the item may be placed on the agenda.
2)
Tentative Maps (Five or More Lots).
a)
Duty to Review.
(1)
When an applicant or developer proposes a residential subdivision of five or more lots (tentative subdivision map) and proposes the house design and elevations at the same time of the subdivision approval process, the design review process shall be undertaken by the Planning Commission concurrently with the subdivision approval process and be heard as a public hearing item.
(2)
For residential design review applications filed separately from a tentative map, the Planning Commission shall act upon the application at a regularly scheduled meeting. The design review application shall be heard as a public hearing item.
b)
Procedure for Review.
(1)
If the Planning Commission finds that the design review application meets the standards of review for design review application (subsection (f) of this section), and is consistent with the criteria under Article 4 of Chapter 9.1 and the Oakley Residential Design Guidelines or Commercial and Industrial Guidelines, if applicable, the Planning Commission shall approve the design review application through adoption of a resolution.
d.
Design Review in Commercial, Industrial and Public and Semi-Public Zoning Districts.
1)
Duty to Review.
a)
The Planning Commission or Zoning Administrator shall review each application for a building permit and/or design review application for any structure that is above ground or alters the existing grade in any commercial, industrial or public and semi-public zoning district, including plans to modify the facade or color of a structure significantly. The application for design review shall be referred to the Planning Commission for review and approval as a public hearing item, except for applications that fit the criteria in subsection (d)(2)(b) of this section, which may be reviewed and approved by the Zoning Administrator.
2)
Procedure for Review.
a)
If the Planning Commission finds that the design review application meets the standards of review for design review application (subsection (f) of this section), and is consistent with the criteria under Articles 5, 6 and 7 of Chapter 9.1 and the Oakley Commercial and Industrial Design Guidelines, as applicable, the Planning Commission shall approve the design review application through adoption of a resolution.
b)
The Zoning Administrator may review and approve an application for design review filed in compliance with this section if it falls within any of the following categories:
(1)
A detached accessory structure on a lot with an occupied main building where the detached accessory structure is not highly visible from public view and built for the purposes of storage of materials rather than occupancy.
(2)
An addition to a main building where the gross floor area of the addition is less than ten thousand (10,000) square feet or twenty-five percent (25%) of the existing gross floor area of the main building, whichever is less. (Ex. The maximum addition size to an existing twenty thousand (20,000) square foot building that could be reviewed and approved by the Zoning Administrator is five thousand (5,000) square feet (twenty-five percent (25%))).
(3)
Re-facades or re-paints where the intent of the architecture and/or colors is significantly the same as existed on the building prior to the need for renovation. Significant changes in architecture or colors shall be heard by the Planning Commission as a regular calendar item. The Planning Commission shall act upon the application at its next regularly scheduled meeting where the item may be placed on the agenda.
c)
If the Zoning Administrator finds that the application for a building permit meets the standards of review for design review application (subsection (f) of this section), and is consistent with the criteria under Articles 5, 6 and 7 of Chapter 9.1 and the Oakley Commercial and Industrial Design Guidelines, as applicable, the Zoning Administrator shall approve issuance of the building permit.
d)
If the Zoning Administrator is in doubt as to whether the application for a building permit is consistent with the criteria in this subsection, the application for design review shall be heard by the Planning Commission as a regular calendar item. The Planning Commission shall act upon the application at its next regularly scheduled meeting where the item may be placed on the agenda.
e.
Design Review Application Requirements.
1)
Application for a design review shall be filled by the owner of the property for which the permit is sought, or by the authorized representative of the owner; provided, however, that the City Council, upon written request of the owner’s authorized representatives of the owners of the majority of the property in an area for which a development is being proposed, may authorize the filing of an application without the approval of all the property owners or their authorized representatives if the City Council determines that to do so is in the best interest of the City. Application shall be made to the Planning Division on forms furnished by the Community Development Department and shall be full and complete.
f.
Standards for Review of Design Review Applications.
1)
The Planning Commission or Zoning Administrator shall consider the following aspects of each application (found in the Commercial and Industrial Design Guidelines) to the extent they are applicable to each project:
a)
Site planning, including building siting (location), setback and orientation; entries, circulation and parking; landscape setbacks and buffers; and location of trash, loading and service areas, and mechanical equipment.
b)
Architecture, including massing and grouping; facades, entries and roofs; materials and colors; and screening of trash, loading and service areas, and mechanical equipment.
c)
Landscaping and site elements, including general landscape areas; entry and plaza enhancements; parking lot landscaping; walls and fences; and lighting.
d)
Streetscapes, including major community entries; highlighted intersections; and district entries.
g.
Duration of Design Review Approval.
1)
A design review approval shall terminate according to its terms, if any, or upon the expiration of one year from the approval date, unless a building permit or grading permit related to the project associated with the design review approval has been issued. An extension of time may be granted by the same decision making body that approved the original design review approval upon written request by the applicant filed within the effective period of the original approval.
h.
Noticing and Hearing Procedures.
1)
Noticing Requirements.
a)
For hearings by the Planning Commission, notice of the time and place when the application will be considered shall be given as follows:
(1)
The time and place of the hearing;
(2)
A general explanation of the matter to be considered, including a description of the area affected;
(3)
Any other information the Zoning Administrator considers necessary or desirable.
2)
Time and Manner for Giving Notice.
a)
Unless otherwise specified, the notice of the time and place of the hearing shall be given by mailing notice postage prepaid at least ten (10) days prior to the date of the scheduled hearing to the applicant, each person who has filed a request for the notice, and to each owner of property within three hundred (300) feet of the subject property’s property lines. In the case of an appeal, a notice shall also be mailed to the person filing the appeal.
3)
Written Findings Required.
a)
For design review applications requiring Planning Commission review, written findings shall be made for the decision, whether for approval or denial. Written findings for the decision shall also be made in the case of an appeal.
b)
For design review applications that fall under the review of the Zoning Administrator, written findings for the decision to approve the building permit shall not be required.
4)
Authority to Adopt Conditions of Approval.
a)
The Planning Commission may adopt conditions of approval in the approving resolution for design review if it finds that the proposed design does not meet the applicable design review standards.
5)
Appeal Procedures.
a)
Any person aggrieved by the action of the reviewing authority, whether it be the Zoning Administrator or Planning Commission, may file a written notice to appeal the action to the next highest reviewing authority as prescribed in this article. If no written appeal is filed, the action taken on the application is final.
b)
A written appeal shall be filed with the Planning Division within ten (10) days of the decision to approve the design review. Incomplete appeals or appeals submitted after ten (10) days of the decision to approve the design review will not be accepted.
c)
A written appeal shall be accompanied by a written statement explaining the grounds for appeal and payment of the appeal fee, as prescribed in the City’s adopted fee schedule at the time the appeal is filed.
d)
In the case where the City Council acts on behalf of the Planning Commission, an appeal of the decision may not be filed.
i.
Penalty for Violations.
1)
A person who builds or maintains a building or structure in violation of the requirement of design review approval prescribed in this article is guilty of an infraction and shall be punished as provided in Section 1.5.002 et al. Each day or a portion thereof that a violation exists is a separate offense and shall be punished as such.
(Ord. 07-12, 9/11/2012; Ord. 08-15, 7/14/2015)
§ 9.1.1606 Temporary Use Permit.
a.
Purposes. A temporary use permit allows for the short-term use of property. The following is a partial list of the types of uses that are subject to a temporary use permit. Other uses of a similar nature also require such permit:
1)
Animal shows.
2)
Christmas tree lots and pumpkin patches.
3)
Commercial filming.
4)
Parking lot sales/events.
5)
Grand openings.
6)
Carnivals and circuses.
7)
Other promotional uses involving temporary outdoor display and sales and similar uses.
8)
Temporary trailer.
9)
Tent sales.
10)
Car shows.
11)
Foot races/walks.
12)
Whenever patrons are allowed, encouraged or permitted to congregate outside of the building housing the business.
13)
Promotional or special events outside the normal operating standards of a business.
b.
Application Requirements. Any person, business or organization wishing to conduct or sponsor a special event subject to this section shall apply for a temporary use permit by filing an application and application fee with the Community Development Department at least thirty (30) days prior to the date on which the event is to occur. Applications may be submitted on shorter notice with the consent of the Community Development Department, which may impose an expedited processing fee. Application forms for a temporary use permit shall include the following:
1)
A completed and signed application form.
2)
Application fee.
3)
Site plan indicating the location of driveways, display areas, temporary structures and facilities, parking areas, trash collection, signs, and any additional information requested by staff.
4)
If the property where the event is to occur is owned by someone other than the applicant, the applicant shall obtain written approval from the property owner or its duly authorized representative, such written approval to be submitted with the special event application.
5)
Business license, if required.
c.
Standards. Temporary use permits shall be subject to the following conditions and criteria:
1)
No permit shall be valid for more than sixty (60) days; however, an additional thirty (30) day extension may be granted by the Community Development Department.
2)
The permit is valid only for the dates shown on the approved permit.
3)
The right-of-way, including streets and sidewalks, shall be kept free of all obstructions and/or debris.
4)
If required, a building/electrical permit shall be obtained from the Building Department.
5)
Temporary lighting shall not cause glare onto neighboring properties or the public right-of-way.
6)
The applicant shall ensure that noise, dust, dirt, odors and/or other nuisances do not affect neighboring properties.
7)
The event must provide adequate parking, including parking spaces for the disabled, as required by the Community Development Department.
8)
Upon conclusion of the temporary use, all items associated with it must be removed and the premises restored to its original condition within one week of the conclusion of the event and/or expiration of the permit, whichever is earlier.
9)
A refundable cash deposit shall be deposited with the City to ensure that the property is restored to its original condition in a timely manner.
10)
No loud speakers or amplified music may be allowed for any temporary use, unless the permit specifically authorizes speakers or amplified music. If such approval is granted, the City Manager or his/her designee may rescind such approval should noise become a disturbance or nuisance.
11)
If a trailer or recreational vehicle is used for habitation, a permit must be obtained from the Building Department. The unit must be self-contained. Sewage and wastewater may not be dumped on the site.
12)
The provisions of this section apply to all zoning districts.
d.
Basis for Denying Permit. A temporary use permit shall be denied if any of the following factors are involved:
1)
Any of the standards contained in subsection (c) of this section cannot be met.
2)
The intensity of the use is likely to exceed the capacity of the area or property.
3)
The temporary use is likely to result in any public nuisance, including, but not limited to, noise, dust or vibration to nearby properties.
4)
The temporary use is likely to create traffic or vehicular access safety issues, would violate Uniform Fire Code standards, or would interfere with any public sidewalk or street.
5)
The temporary use is likely to lead to the violation of any ordinance, rule or statute.
6)
Other issues adversely affecting public health, safety or welfare, as articulated and specified by the official denying the permit.
(Ord. 17-11, 8/9/2011)
§ 9.1.1608 Unclassified Uses.
a.
Purpose. It is recognized that in the development of a comprehensive zoning ordinance not all uses of land can be listed nor can all future uses be anticipated, or a use may have been omitted from the list of those specified as permissible in the various zones listed within this chapter, or ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of this title.
Such unlisted uses are sometimes referred to in this title as "unclassified uses."
b.
Approval of Unclassified Uses. In addition to the permitted and conditionally permitted uses listed in the Commercial zones (CD, RB, C, BPH, BPL, CR-A, and CR-NA) or Industrial zones (LI, and UE), presently unlisted uses may be permitted in the zones listed above when approved in accordance with the provisions of this chapter. This chapter does not apply to Residential zones (R-6, R-7, R-10, R-12, R-15, R-20, R-40, M-9, M-12, M-17, MH), Public/Semi-Public zones (P), and Open Space zones (A-4, PR, and DR).
c.
Procedure for Approval. Any person seeking to establish an unclassified use as a permitted or conditionally permitted use in any Commercial zones (CD, RB, C, BPH, BPL, CR-A, and CR-NA) or Industrial zones (LI, and UE) may submit a written request for determination to the Zoning Administrator. After receipt of the request, the Zoning Administrator shall make a final determination within thirty (30) days. Upon granting the request, the Zoning Administrator shall notify the City Council. The Zoning Administrator’s decision shall be final unless appealed in accordance with Section 2.4.020. The decision of the Zoning Administrator may also be appealed by the City Council in accordance with Section 9.1.1612(e)(4)(ii).
d.
Findings. Any unclassified use may be permitted where it is determined similar to the other permitted uses in the zone and not more obnoxious or detrimental to the public health, safety and welfare than such other permitted uses. Such a determination may be made where the approving body finds that all of the following conditions exist:
1.
That the subject use and its operation is consistent with the goals and objectives of the general plan; and
2.
That the subject use and its operation is consistent with the purposes and intent of the zone in which the use is proposed to be located; and
3.
That the subject use and its operation is a compatible use in all areas of the City where the zoning is applied; and
4.
That the subject use is similar to one or more uses permitted or conditionally permitted in the zone within which it is proposed to be located. A use shall be deemed to be similar only where the size, scale, design, and impact of the use is comparable. A use shall not be deemed to be similar when the operation of the use involves greater impacts in terms of traffic, parking, noise, glare, odor, refuse or other environmental considerations; generates greater demand for public services; does not have comparable hours of operation; is significantly more intensive in the number of employees, patrons and other users of the facility; and is not complementary to other uses in the zone; and
5.
That the subject use and its operation will not adversely affect other permitted uses in the zone within which the use is proposed to be located; and
6.
That the subject use will be so designed, located and operated that the public health, safety and general welfare will be protected.
(Ord. 04-09, 1/27/2009)
§ 9.1.1610 Amendments.
a.
Purposes. The Zoning Code may be amended by changing the boundaries of any district or by changing any district regulation.
b.
Initiation.
i.
A change in the boundaries of any district may be initiated by:
1.
The owner of the property within the area for which a change of district is proposed or the authorized agent of the owner filing an application for a change in district boundaries. If the area for which a change of district is proposed is in more than one ownership, all the property owners or their authorized agents shall join in filing the application.
2.
A resolution of the Planning Commission or action of the City Council in the form of a request to the Commission that it consider a proposed change in boundaries.
ii.
A change in boundaries of any district, or a change in a district regulation may be initiated by resolution of the City Planning Commission or by action of the City Council in the form of a request to the Commission that it consider a proposed change, provided that in either case the procedure prescribed in Sections 10-D-1.3 through 10-D-1.8 shall be followed.
c.
Application and Fee. A property owner desiring to propose a change in the boundaries of the district in which his property location or its authorized agent may file an application with the City Planning Commission for a change in district boundaries which shall include the following data:
1.
Name and address of the applicant.
2.
Statement that the applicant is the owner of the property for which the change in district boundaries is proposed or the authorized agent of the owner.
3.
The application shall be accompanied by a sketch of the site showing the location of the property with respect to adjacent properties and streets.
4.
The application shall be accompanied by a fee set by resolution of the City Council sufficient to cover the cost of processing the application as prescribed in this section.
5.
In the event the proposed amendment is to change the boundaries of any district or to change the district designation of any property an accurate scale drawing of the site and the surrounding area for a distance of 300 feet from each boundary of the site shall be submitted. Such drawing shall also show the locations of existing streets and property lines. Such drawing shall also be accompanied by a list of the names and last known addresses of the recorded legal owners of all properties shown on the drawing.
d.
Public Hearing – Notice.
1.
The City Planning Commission shall hold at least 1 public hearing on each application for a change in district boundaries or of a district regulation initiated by the Commission or the City Council. Notice of the public hearing shall be given not less than 10 calendar days nor more than 30 days prior to the date of the hearing and by publication in a newspaper of general circulation within the City.
2.
When a public hearing is to be held on an application or a proposal for a change in a district boundary, notice of a public hearing shall be given not less than 10 days nor more than 30 days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the latest adopted tax roll of Contra Costa County as owning property within 300 feet of the boundaries of the area occupied or to be occupied by the use which is the subject of the hearing.
e.
Hearing.
1.
At the public hearing the City Planning Commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is necessary to achieve the objectives of the Zoning Ordinance prescribed in Section 9.1.102(a).
2.
The commission may review proposals for the use of the property for which a change in district boundaries is proposed or plans or drawings showing proposed structures or other improvements, in the light of the fact that under the provision of this ordinance a change in district boundaries cannot be made conditionally and the owner of the property is bound only to comply with the regulations.
f.
Investigation and Report. The Community Development Director shall make an investigation of the application of the proposal and shall prepare a report thereon which shall be submitted to the city Planning Commission.
g.
Action of City Planning Commission. Within 45 days following the public hearing the City Planning Commission shall make a specific finding as to whether the change is required to achieve the objectives of the zoning ordinance prescribed in Section 9.1.102(a). The Commission shall transit a report to the City Council recommending that the application be granted or denied or that the proposal be adopted or rejected, together with 1 copy of the application, resolution of the Commission or request of the Council, the sketch of the site and the surrounding area and all other data filed therewith, the minutes of the public hearing, the report of the Community Development Director and the findings of the Commission.
h.
Action of the City Council.
1.
The City Council shall consider the recommendation of the Planning Commission at a public hearing duly noticed as prescribed by State Law.
2.
At the time and place set for the public hearing the City Council shall review the application and the resolution or report of the Commission, the report of the Community Development Director and any public comments.
3.
The City Council shall make a specific finding as to whether the change is required to achieve the objectives of the Zoning Ordinance prescribed in Section 9.1.102. If the Council finds that the change is required, Council shall enact an ordinance amending the zoning map or an ordinance amending the regulations of the Zoning Ordinance, whichever is appropriate. If the Council finds that the change is not required, Council shall deny the application or reject the proposal.
i.
Change of Zoning Map. A change in a district boundary shall be indicated on the zoning map with a notation of the date and number of the ordinance amending the map.
j.
New Application. Following the denial of an application for a change in a district boundary, no application for the same or substantially the same change shall be filed within 1 year of the date of the application.
(Ord. 04-09, 1/27/2009)
§ 9.1.1612 Authorities.
a.
Composition of Planning Agency.
i.
Composition of Planning Agency Under Sections 65100--65512 of the Government Code, there is created the Planning Agency of the City consisting of the following component members:
1.
City Council;
2.
Planning Commission;
3.
Community Development Department.
ii.
Such other components as the City Council may create.
b.
Responsibilities of the Commission. The Planning Commission shall:
1.
Recommend for adoption by the City Council a comprehensive long term general plan for the physical development of the City;
2.
Recommend for adoption by the City Council specific plans based on the general plan and drafts of such regulation, programs and legislation as may in its judgment be required for the systematic execution of the general plan;
3.
Periodically review the capital improvement program of the City for conformation with the General Plan;
4.
Recommend a zoning ordinance for adoption by the City Council;
5.
Recommend to the City Council the approval, disapproval or modification of maps or plats of land subdivision in accordance with the Subdivision Map Act and City Subdivision Ordinance;
6.
Perform other duties regarding planning, zoning and State Law matters prescribed by the City Council; and
7.
Act as the Board of Zoning Appeals, with the option to appeal to City Council.
c.
Community Development Department and Community Development Director.
1.
The City Manager appoints the Community Development Director on the basis of qualification with the approval of the City Council. In the absence or disability of the Community Development Director, the City Manager shall designate a person to perform the duties and exercise the powers of the Community Development Director. The Community Development Director is subject to the City Manager’s general administrative direction.
2.
The Community Development Director manages the Community Development Department. Subject to the City Manager’s approval, the Community Development Director may organize and maintain such diversions in the department as in his judgment the operations require. The Community Development Director is responsible for the direction and control of functions assigned to the department.
d.
General Powers and Duties of Community Development Director. The Community Development Director has the following duties:
1.
Provides staff assistance to the City Council, City Manager, and Planning Commission;
2.
Serve as Secretary to the Planning Commission, or designate an assistant to serve as the Secretary;
3.
Make surveys, gather data, prepare reports, maps, charts and graphic presentation, adoption and revision of the general plan;
4.
Enforce the planning and zoning laws of the State and ordinances of the City;
5.
Conduct the City’s environmental review process in accordance with the State Environmental Quality Act and generally be responsible for environmental matters;
6.
Act as the Zoning Administrator;
7.
Hear and decide applications as may be authorized by ordinance or elsewhere in this chapter; and
e.
Appeals (Ordinance No. 18-01, November 13, 2001).
1.
Appeals from Administrative Decisions. An appeal may be taken to the Planning Commission from the whole or any portion of an administrative determination or decision made by the Community Development Director.
2.
Appeals from Decisions of the Planning Commission. An appeal may be taken to the City Council from the whole or any portion of a decision made by the Planning Commission, regardless of whether the Commission is exercising original or appellate jurisdiction.
3.
No appeal from ministerial actions. No right to appeal decisions shall exist when the decision or action is ministerial and does not involve the exercise of judgment or deliberation.
4.
Who May Appeal.
i.
Any person interested in or affected by a decision or determination of the Community Development Director or Planning Commission, including without limitation applicants and members of the City Council of the City of Oakley, may appeal the applicable decision or determination. Any interested or affected person, other than a Council Member, must additionally (1) have appeared, either in person or through a representative explicitly identified as such, at a public hearing connected to the decision or determination being appealed, (2) have informed the City in writing of the nature of his/her concerns before that hearing, or (3) be a current member of the City Council at the time of the decision/ determination.
ii.
Any member of the City Council of the City of Oakley shall not be charged any fee for the processing or noticing of the appeal. If a Council Member appeals a decision, there shall be a presumption applied that the appealed action has significant and material effects on the quality of life within the City of Oakley. Notwithstanding any other provision of the Municipal Code, a Council Member shall not be required to state any other reason in his/her written appeal. No inference of bias shall be made because of such an appeal.
iii.
A representative of the City government presenting departmental recommendations at a hearing is prohibited from appealing a decision reached at such a hearing.
5.
Filing of Appeals.
i.
Notice of Appeal and Filing Fee. All appeals of decisions of the Zoning Administrator or the Planning Commission shall be made by filing a notice of appeal clearly identifying the determination or decision from which the appeal is taken and stating the grounds for the appeal, including a statement of the reasons that the person satisfies the requirements subsection (4) above. The notice shall further include any information required and may include any explanatory materials the appellant chooses to include. The notice of appeal shall be accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the City Council.
ii.
Time Limit on Notice of Appeal. The notice of an appeal to the Planning Commission or to the City Council must be filed, together with payment of the filing fee, within 15 calendar days of the action that is the subject of the appeal. Appeals beyond 15 calendar days shall not be accepted.
iii.
Filing Notice of Appeal. The notice of an appeal shall be filed with the City Clerk.
iv.
Effect of Appeal. In the event of an appeal, the action that is the subject of the appeal shall not be effective until final action by the appellate body.
6.
Review by Planning Commission.
i.
Schedule of Hearing; Notice. Upon receipt of the notice of appeal and payment of the filing fee, the City Clerk shall schedule the matter for hearing at the next available regular meeting of the Planning Commission to be held within 30 calendar days after the date on which the notice of appeal is filed. The City Clerk shall provide notice of the hearing to the appellant and applicant and to other City residents (as provided for in Sections 9(c) and 10(b), as applicable, of Ordinance No. 13-00, October 23, 2000). In the event that no regular meeting of the Planning Commission is scheduled within 30 calendar days of the appeal, the City Clerk shall schedule the matter for the first regular meeting to occur after that 30-day period.
ii.
Conduct of Hearing by Planning Commission. The Planning Commission shall hold the appeal hearing at the date, time, and place stated in the required notice. The Planning Commission shall conduct a de novo review on the appeal. No public hearing shall be required unless the administrative determination or decision was made in connection with a proceeding that required a public hearing; however, nothing herein shall prevent the Planning Commission, in its discretion, from receiving from any person testimony or other evidence pertaining to the subject matter of the appeal. At the hearing, the Commission may consider only those issues involving matters that are the specific subjects of the appeal. Any hearing may be continued, if prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued.
iii.
Decision by Planning Commission.
a.
Action by Commission. By a majority vote of those voting, the Planning Commission may affirm, reverse, or modify the determination or decision that is the subject of the appeal, based upon findings of fact about the particular case. A tie vote shall mean that no action was taken and shall result in the affirmation of the action being appealed. The findings shall identify the reasons for the action on appeal and verify the compliance or non-compliance of the subject of the appeal with the relevant provisions of the Municipal Code and other applicable law. The Commission may also refer the matter back to the original maker of the determination or decision for such further action as may be directed by the Commission. The Commission may condition its affirmation (as provided for in Section 11(c) or Ordinance No. 13-00, October 23, 2000).
b.
Time of Decision by Commission. The Commission shall make its decision within 45 calendar days of the close of the hearing (as provided for in Section 11(e) of Ordinance No. 13-00, October 23, 2000).
7.
Review by City Council.
i.
Initial procedure upon receipt of notice of appeal. Upon receipt of the notice of appeal and payment of the filing fee, the City Clerk shall place the matter on the agenda of the next regular meeting of the City Council to notify the Council of the appeal and to allow the Council to decide how to process the appeal. The Council may, upon motion, by a majority vote of those voting, select one of the methods of deciding the appeal provided for in this Ordinance. The Council may also continue its consideration of the preferred method of deciding the appeal to its next regularly scheduled meeting, in which case the City Clerk shall provide notice to the appellant and applicant of the subsequent appearance of the appeal on the Council’s agenda. If the Council takes no action on the appeal at the meeting at which the appeal first appears on the agenda, or at the meeting to which it continues its consideration, the Council shall subsequently hold a de novo public hearing on the appeal at the time, place, and date set by the City Clerk.
ii.
Schedule of Hearing; Notice. The City Clerk shall provide notice to the appellant and applicant of the first appearance of the appeal on the City Council’s agenda. If the Council will be conducting a de novo public hearing on the appeal, the City Clerk shall schedule the matter for hearing at a regular meeting of the Council to be held within 30 calendar days after the date on which the appeal first appeared on the Council’s agenda, unless the Council continues its consideration to the next regularly scheduled meeting, in which case, the hearing will be held within 30 calendar days of the latter meeting. The City Clerk shall give notice of the hearing to the applicant and appellant and other City residents (as provided for in Sections 9(c) and 10(b) of Ordinance No. 13-00, October 23, 2000). In the event that no regular meeting of the City Council is scheduled within 30 calendar days of the first or second appearance of the appeal on the Council’s agenda, which ever is applicable, the City Clerk shall schedule the matter for the first regular meeting to occur after that 30-day period.
iii.
Conduct of Hearing by City Council. The City Council shall hold the appeal hearing at the date, time, and place stated in the required notice. The Council may receive from any person testimony or other evidence pertaining to the subject matter of the appeal. Any hearing may be continued, if prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued.
iv.
Decision by City Council.
a.
Action by Council. By a majority vote of those voting, the City Council may affirm, reverse, or modify the determination or decision that is the subject of the appeal, based upon findings of fact about the particular case. A tie vote shall mean that no action was taken and shall result in the affirmation of the action being appealed. The findings shall identify the reasons for the action on appeal and verify the compliance or non-compliance of the subject of the appeal with the relevant provisions of the Municipal Code and other applicable law. The Council may also refer the matter back to the original maker of the determination or decision for such further action as may be directed by the Council. The Council may condition its affirmation (as provided for in Section 11(c) of Ordinance No. 13-00, October 23, 2000).
b.
Time of Decision by Council. The Council shall make its decision within 90 calendar days of the close of the hearing, as provided for in Section 11(e) of Ordinance No. 13-00. If the appeal does not appear on the agenda of the first City Council meeting after it is filed, or if the City Council does not decide on a method for deciding the appeal at either that meeting or one to which it continued the decision, a de novo public hearing will be held. If a public hearing is selected or required, the decision being appealed shall be deemed affirmed if any of the following occur:
1.
The appeal is not heard within 30 days of its first or second appearance on the Council’s agenda, which ever is applicable;
2.
A continued hearing is not re-opened and closed at a regular meeting of the Council scheduled 30 days after the opening of the hearing or at the first regular Council meeting after that 30-day period; or
3.
The Council does not decide the appeal within 90 days of closing the hearing.
v.
Alternative methods of deciding appeal; time of decision. If the Council initially votes not to resolve the appeal by conducting a de novo public hearing, it shall select one of the following methods for deciding the appeal by a majority vote of those voting. If the Council selects either of the first two options, it may take the actions described therein at the meeting at which the appeal first appeared on the agenda or at the meeting to which it continued its consideration of the preferred method of deciding the appeal. Otherwise, the Council shall take action on the appeal within the time period prescribed in Section G (3) and (4b) of this ordinance.
a.
T he Council may vote to affirm the action of the Planning Commission without public hearing and without reviewing the record created by the Commission’s hearing on the matter.
b.
The Council may vote to refer the matter back to the Planning Commission for further proceedings.
c.
The Council may vote to affirm, deny, or affirm with conditions the decision of the Planning Commission without a public hearing after reviewing a transcript of the Commission’s hearing and the entire record.
d.
The Council may, by a majority of those voting, appoint an independent hearing officer to recommend a decision, including any findings or conclusions required for that decision, which the Council may then adopt or, after a review of the record, reject in favor of its own findings, conclusions, and decision.
8.
Review by independent hearing officer.
a.
If by majority vote, the City Council decides to appoint an independent hearing officer to conduct a hearing on an appeal and to recommend a decision by the Council, the hearing officer shall conduct the hearing in the same manner as provided for the Council in this title. However, the hearing officer shall conduct a hearing on the appeal within 90 calendar days of the Council’s vote and shall make a recommendation to the Council within 30 calendar days of the close of the hearing. The City Council shall vote on the hearing officer’s recommendation at the next regularly scheduled meeting within 30 calendar days after the hearing officer makes a recommendation.
b.
If the applicant is also the appellant, the appellant shall bear the costs incurred by the hearing officer in conducting a hearing and making a recommendation to the Council. Otherwise, the appellant shall not be responsible for the costs of the hearing officer.
9.
Effect of Denial. When an application for a permit is denied on appeal, no application for the same or substantially same permit or a permit for the same use on the same property shall be filed for a period of one year from the date of denial, unless the permit was denied without prejudice.
10.
Time for Filing Appeals. An appeal to the Planning Commission of a decision of the Zoning Administrator or Community Development Department must be filed within 15 calendar days of the decision, and an appeal to the City Council of a decision of the Planning Commission must be filed within 15 calendar days of the decision. A notice of appeal shall be filed with the City Clerk.
§ 9.1.1614 Reasonable Accommodations for Residential Uses.
a.
Purpose and Intent.
1)
This section establishes a process for individuals with disabilities to request reasonable accommodation in zoning and other land use regulations, as well as in City rules, policies, practices, and procedures. In accordance with the Federal Fair Housing Act of 1988 and the California Fair Employment and Housing Act, the City intends to provide reasonable accommodations to ensure equal access to housing for individuals with disabilities.
2)
This section does not exempt structures approved under reasonable accommodation provisions from complying with building code requirements, including necessary permits, inspections, and fees.
b.
Applicability.
1)
This section establishes a formal procedure for an individual with a disability seeking equal access to housing to request a reasonable accommodation as provided by the Federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act, and to establish criteria to be used when considering these requests.
2)
These accommodations apply to all zoning districts, overlay districts, local area and specific plans, and Title 7, Building and Housing Regulations.
c.
Definitions.
1)
"Act":
the Fair Housing Amendments Act of 1988.
2)
"Applicant":
an individual requesting reasonable accommodation under this chapter.
3)
"Director":
the Community Development Director, or a designee of the Community Development Director or City Manager.
4)
"Disabled Person/Disability":
an individual with a medical, physical, or mental condition limiting major life activities, as defined in California Government Code Section 12926. The term "disabled person" does not include a person who is currently using illegal substances, unless he or she has a separate disability.
5)
"Fair Housing Laws":
the Federal Fair Housing Act (42 U.S.C. Section 3601 et seq.) and the California Fair Employment and Housing Act (Government Code Section 12955 et seq.) including amendments to them.
6)
"Reasonable Accommodation":
flexibility or waiver of land use and zoning regulations to eliminate barriers to housing for individuals with disabilities. This may include modifications like ramps, parking adjustments, or building additions. It does not include accommodations that impose undue financial or administrative burdens on the City or fundamentally alter land use policies.
d.
Requesting Reasonable Accommodation.
1)
A written request for reasonable accommodation from a land use or zoning regulation or policy shall be made on a form provided by the Planning Division by any individual with a disability, his or her representative, or a developer or provider of housing for an individual with a disability. If an individual(s) needs assistance in filing a request for reasonable accommodation, the City will provide assistance to ensure that the submission of the request is accessible.
2)
A request for reasonable accommodation shall state the basis of the request including but not limited to a modification or exception to the regulations, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of his or her choice.
3)
The Director may request additional information necessary for making a determination on the request for reasonable accommodation that complies with the fair housing law protections and the privacy rights of the individual with a disability to use the specified housing. If additional information is requested, the forty-five (45) day time period for making a determination on the request stops running until the additional information is provided.
e.
Approval Authority – Notice – Decision.
1)
The Director shall issue a written determination to either grant, grant with modifications, or deny a request for reasonable accommodation within forty-five (45) days of the date the application is deemed complete, or within an extended period as mutually agreed upon in writing by the applicant and the Director.
2)
The Director shall transmit a copy of the written findings and decision to the applicant and to all owners of properties abutting the subject property. All written decisions shall give notice of the right to appeal.
3)
While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
f.
Findings. In making a determination regarding the reasonable accommodation, the Director shall make the following findings:
1)
The housing which is the subject of the request for reasonable accommodation will be used for an individual(s) with a disability protected under the Act.
2)
The request for reasonable accommodation is necessary to make specific housing available to an individual(s) with a disability protected under the Act.
3)
The requested reasonable accommodation does not impose an undue financial or administrative burden on the City.
4)
The requested accommodation will not require a fundamental alteration of the zoning and building laws, policies and/or procedures of the City.
g.
Appeal.
1)
Only the aggrieved applicant and abutting owners who received notice of the reasonable accommodation determination have a right to appeal the decision following the procedures outlined in Chapter 1.8.
2)
If the individual fails to request a hearing within the required time frame or does not fully provide all factual and legal reasons for the appeal as specified in Chapter 1.8, they will forfeit their right to a hearing and will be unable to seek any further relief or raise any claims related to the Director’s decision.
3)
All written decisions shall give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process as set forth in Chapter 1.8.
4)
If an individual(s) needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeals process is accessible.
5)
The written decision of the Community Development Director or their designee shall be final unless appealed.
h.
Fee. There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this section.
(Ord. 11-25, 8/12/2025)
