Reedley City Zoning Code
ARTICLE 6
PERMIT PROCESSING PROCEDURES
10.80.010: PURPOSE:
This Article establishes the overall structure for the application, processing, review, and action on ministerial and discretionary permit applications and identifies and describes those permits and other approvals required by this Zoning Code. (Ord. 2024-001, 9-10-2024)
10.80.020: MULTIPLE PERMIT APPLICATIONS:
A. Concurrent Filing. An applicant for a development project that requires the filing of more than one application (e.g., Site Plan Review, Conditional Use Permit, Tentative Map), shall file all related applications concurrently, together with all application fees, unless these requirements are waived by the Director.
B. An application that involves both ministerial and discretionary approvals shall be processed concurrently starting with the discretionary review type required for the project. The ministerial application shall only be processed until after the discretionary application has been approved and the applicable appeal period has passed. (Ord. 2024-001, 9-10-2024)
10.80.030: ADDITIONAL PERMITS MAY BE REQUIRED:
An applicant shall obtain all necessary permits before starting work or establishing a new land use. Nothing in this Zoning Code shall eliminate the need to obtain any permits required by:
A. Any other Reedley City Code provisions, including Building, Grading, Fire, or other construction permits, or subdivision approval as required by Title 11 (Subdivision Regulations); or
B. Any applicable County, regional, State, or Federal regulations. (Ord. 2024-001, 9-10-2024)
10.82.010: PURPOSE:
The purpose of this Chapter is to establish procedures for conducting a Zone Clearance to verify that new or expanded uses or structures comply with all the applicable requirements of this Code and with any applicable policies or standards of the General Plan and any operative plans. (Ord. 2024-001, 9-10-2024)
10.82.020: APPLICABILITY:
A. Establishment of Allowed Land Uses. A Zone Clearance is required to confirm the establishment of a new land use is allowed as a matter of right and that no Conditional Use Permit or other entitlements are required prior to securing a Business License and commencing operations.
B. When Required. A Zone Clearance shall be required for:
1. A Zone Clearance shall be required for the development of a single-unit dwelling residence, with or without an accessory dwelling unit(s) and/or junior accessory dwelling unit.
2. A Zone Clearance shall be required for the development of a two-unit dwelling residence, with or without an accessory dwelling unit(s) and/or junior accessory dwelling unit.
3. A Zone Clearance shall be required to confirm the construction of such a structure is allowed as a matter of right and that such a project is compliant with, and without any deviations from, all applicable development standards of the zone district prior to securing a Building Permit. If a proposed project or land use does not meet the threshold for a Zone Clearance, it shall be required to secure the applicable entitlement application(s) needed for approval.
4. A Zone Clearance shall be required for all Home Occupations and Short-Term Rentals prior to the issuance of a Business License. (Ord. 2024-001, 9-10-2024)
10.82.030: REVIEW AUTHORITY:
If the Community Development Director determines that the proposed land use or structure is allowed as a matter of right by this Code and conforms to all the applicable development and operational standards, the Director shall issue a Zone Clearance. (Ord. 2024-001, 9-10-2024)
10.82.040: APPLICATION REQUIREMENTS:
A. Applications for a Zone Clearance shall be submitted in accordance with the provisions of this title accompanied with the applicable fees proscribed in the Master Fee Schedule.
B. The Community Development Director shall require that the Zone Clearance application be accompanied by a written operational statement, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all applicable provisions of this Code. The Director may require attachments of other written or graphic information, including, but not limited to, statements, numeric data, site plans, floor plans, and building elevations and sections, as record of the proposal's conformity with applicable regulations of this Code.
C. Public notice is not required for the department to consider approval, conditional approval, or denial of a Zone Clearance application. (Ord. 2024-001, 9-10-2024)
10.84.010: PURPOSE:
The intent of this Chapter is to establish a procedure for the conduct of an art or profession, the offering of a service or the conduct of a business, or the handicraft manufacture of products within a residential dwelling, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof, in compliance with the regulations prescribed in this Chapter. (Ord. 2024-001, 9-10-2024)
10.84.020: REVIEW AUTHORITY:
The Community Development Director or their designee shall review the Home Occupation Permit application and approve, approve with conditions, or deny the permit based on the criteria for home occupations established in this Chapter. (Ord. 2024-001, 9-10-2024)
10.84.030: APPLICATION PROCESSING PROCEDURES:
A complete application for a Home Occupation Permit that fully complies with this Chapter shall be filed, processed, and acted upon as specified in Chapter 10.82 (Zone Clearance). (Ord. 2024-001, 9-10-2024)
10.84.040: PROHIBITED HOME OCCUPATIONS.:
The following specific businesses are not permitted as home occupations:
A. Adult-oriented business as defined in Title 3 Chapter 12;
B. Ambulance services;
C. Animal boarding and or pet grooming services that are not mobile;
D. Automotive/vehicle repair that is not mobile;
E. Automotive/vehicle sales where vehicles are parked at the residence;
F. Barber, beauty, nail salons that are not mobile;
G. Businesses that involve hazardous materials or chemicals outside typical home or hobby use, as deemed so by the Community Development Department and subject to appeal to the Planning Commission;
H. Large scale carpentry and cabinet-making;
I. Firearms manufacturing and or repairs of any kind;
J. Furniture sales of any kind;
K. Gymnastic facilities;
L. Kennels;
M. Massage parlor that is not mobile;
N. No more than three Home Occupations are permitted on one parcel at any given time;
O. Laboratories of any type;
P. Marijuana grow and or distribution;
Q. Mini-storage;
R. Mortuaries;
S. Instructional services for more than six (6) students at one time;
T. Pharmacies;
U. Large scale copy centers;
V. Recording studios of any kind;
W. Repair, fix-it, or plumbing services that are not mobile;
X. Restaurants;
Y. Retail sales that require people to pick up items at the home occupation location;
Z. Tanning salon with tanning beds;
AA. Tattoo, body piercing.
BB. Towing service that is not mobile;
CC. Welding, metal working, and machine businesses that are not mobile;
DD. Yoga instruction or personal fitness training for more than six (6) people at one time;
EE. Any use identified in the commercial zone districts unless it conforms to the home occupation standards described herein; and/or
FF. Any other use(s) that the Director determines would be detrimental to the public health, safety, and general welfare or would be incompatible with nearby residential uses. (Ord. 2024-001, 9-10-2024)
10.84.050 STANDARDS:
The applicant of a Home Occupation Permit shall comply with the following standards:
A. A home occupation within a dwelling unit shall be clearly incidental to the use of the structure as a dwelling.
B. The existence of a home occupation shall not be apparent beyond the boundaries of the site.
C. The building shall maintain the appearance of a single-unit dwelling at all times. Window displays of products produced on the premises shall not be allowed.
D. There shall be no storage of equipment or supplies outside of any accessory structure(s), garage(s), or dwelling unit, provided that any required off street parking space is maintained.
E. The sale of goods shall be limited to the products of the home occupation, and no other merchandise or goods shall be sold, kept, or displayed for the purpose of sale on the premises.
F. A home occupation may involve the performance of business and professional services in which goods, wares and merchandise are not commercially created, sold, or exchanged.
G. A home occupation shall not involve the performance of any repair services on the premises.
H. A home occupation shall not involve the use of any material or mechanical equipment not recognized as being part of normal household or hobby uses, as deemed so by the Community Development Department and subject to appeal to the Planning Commission.
I. No motor power other than electrically operated motors shall be used in connection with a home occupation.
J. A home occupation shall not create any radio or television interference or noise audible beyond the walls of the dwelling.
K. Not more than three (3) vehicles used in connection with the home occupation shall be kept on the property.
L. The number of persons (including customers and employees) who must travel to the site of the home occupation shall not exceed eight (8) persons per day.
M. A business license shall be obtained for the home occupation and maintained at all times during its operation. (Ord. 2024-001, 9-10-2024)
10.84.060: CONDITIONS OF APPROVAL:
The development and operational standards established in this Chapter shall serve as conditions which shall be met by the applicant. Additional requirements or conditions may be added as deemed necessary by the Community Development Director to maintain the integrity of the residential neighborhood in which the home occupation is proposed. (Ord. 2024-001, 9-10-2024)
10.84.070: APPEALS:
In the event the applicant or member of the public is not satisfied with any condition(s) of approval, or the application for a Zone Clearance application for a Home Occupation Permit is denied, the decision may be appealed in compliance with this Title within ten (10) calendar days (excluding City-recognized holidays) following the decision date. (Ord. 2024-001, 9-10-2024)
10.84.080: MODIFICATION:
A Home Occupation Permit shall be modified in the same manner as originally applied for by the applicant. (Ord. 2024-001, 9-10-2024)
10.84.090: TERMINATION OF HOME OCCUPATION:
A Home Occupation Permit which is issued under the provisions of this Chapter shall automatically terminate when the activity which is the subject of the home occupation is discontinued for a continuous period of twelve (12) months or upon the change in residence of the person or persons to whom the Home Occupation Permit is issued; provided this Section shall not be interpreted as prohibiting the issuance by the City of a Home Occupation Permit with a specified time limit. (Ord. 2024-001, 9-10-2024)
10.84.100: VIOLATION AND REVOCATION:
A. Upon violation of any applicable provisions of this Chapter, or, if granted subject to a condition or conditions, upon failure to comply with the condition(s), a Home Occupation permit shall be suspended and/or revoked in compliance with this Section.
B. Notice of such suspension and of the City's intent to revoke the approved Home Occupation Permit shall be sent by the Community Development Director immediately to the owner of the subject premises and to the person or persons responsible for noncompliance as determined by the Director.
C. Within forty-five (45) calendar days (excluding City-recognized holidays) of the suspension, after notice to the owner and to those deemed responsible for noncompliance, the Community Development Director shall consider the suspension and revocation at a public hearing. If not satisfied that the regulation, general provision, or condition(s) are being complied with, the Director shall revoke the approved Home Occupation Permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition(s) within five (5) calendar days (excluding City-recognized holidays) after the public hearing. (Ord. 2024-001, 9-10-2024)
10.86.010: APPLICATION:
Should there be a conflict in this Title, an applicant may petition the Community Development Director to make an appealable determination.
A. Application. The applicant shall provide a detailed operational statement that, at a minimum, provides:
1. A clear definition of the use and a thorough explanation that outlines how the proposed use differs from other uses already identified in the Code.
2. A minimum of three (3) examples how other communities administer the applicable section(s) of the Code section that is in question.
3. A minimum of three (3) local examples, including photographs of how the proposed project or use fits into similar neighborhoods.
B. Required Findings. In curing a conflict within the zoning code, the Review Authority shall first make the following finding that all of the following conditions exist:
1. The proposed project will not cause substantial injury to the value of the property in neighborhoods or districts within which it is likely to be located; and
2. The subject use will be so controlled that the public health, safety, and general welfare will be protected.
3. The proposed project is consistent with the General Plan.
C. The Director shall post determinations on the City's website within twenty-four (24)-hours of making a determination.
D. The Director's Discretion is appealable to the Planning Commission in accordance with Section 10.88.050 (Appeals). (Ord. 2024-001, 9-10-2024)
10.88.010: PURPOSE:
This Chapter establishes the procedures for approval of land uses, including temporary land uses, by an administrative act where findings can be made that such land use complies with the intent and provisions of the zoning district regulations and other applicable regulations of this Title. The provisions of this Chapter recognize the impracticality of listing certain uses as categorically possessing the characteristics of those uses listed under either the allowed uses or conditional uses sections of the various zoning districts provided in this Title. (Ord. 2024-001, 9-10-2024)
10.88.020: APPLICABILITY:
A. Except as provided in this Chapter, the provisions of this Chapter shall apply to all land uses subject to administrative approval.
B. Any land use subject to administrative approval shall be considered as if it were an allowed land use in the zoning district where listed unless otherwise found to require modifications under the review procedures provided in this Chapter. (Ord. 2024-001, 9-10-2024)
10.88.030: APPLICATION FILING:
A. An application for administrative approval shall be submitted to the Community Development Director. The application shall include a statement of the land use proposed and a site plan prepared in substantial compliance with Chapter 10.96 (Site Plan Review). The application shall be accompanied by a fee in accordance with the City's Master Fee Schedule.
B. The Community Development Director shall review the proposed land use and shall make a written statement approving or approving with conditions, the proposed land use, together with their findings, within forty-five (45) calendar days (excluding City-recognized holidays) of the filing of the application.
C. In approving the land use, the Community Development Director shall impose any applicable conditions and requirements listed under this Article. (Ord. 2024-001, 9-10-2024)
10.88.040: FINDINGS AND DECISION:
A. Findings. The Community Development Director shall approve or conditionally approve an application for administrative approval, if, based on the application and evidence submitted, they are able to make the following findings:
1. The proposed use will not involve any process, equipment, or materials which, in the opinion of the Community Development Director, will be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water carried wastes, noises, vibration, illumination, glare or unsightliness, or to involve any hazard of fire or explosion.
2. The proposed use will be harmonious with existing structures and use of land in the vicinity.
B. Notice of Decision. One (1) copy of the written decision of the Community Development Director shall be signed and posted on the City's website. (Ord. 2024-001, 9-10-2024)
10.88.050: APPEALS:
A. If an applicant is not satisfied with any of the conditions of approval imposed by the Community Development Director, the applicant shall submit an application to the Community Development Department for a Conditional Use Permit in the manner prescribed in Chapter 10.100 (Conditional Use Permit). Said application shall be accompanied by a fee in accordance with the City's Master Fee Schedule. In applying for a Conditional Use Permit, only that information and information required under Chapter 18 of this Title need to be submitted which is required in addition to materials submitted as part of the application for administrative approval.
B. If an application for administrative approval is denied by the Community Development Director, the applicant shall submit a written appeal within ten (10) calendar days (excluding City-recognized holidays) following the notice of the decision date, at which point the application shall automatically become an application for Conditional Use Permit and shall be submitted by the applicant and processed in compliance with Chapter 10.100 (Conditional Use Permit). Said appeal shall be considered an application for Conditional Use Permit and the fee for such shall be accompanied with the application in accordance with the City's current Master Fee Schedule. The applicant shall submit any additional information and information required by the provisions of Chapter 10.100 (Conditional Use Permit) of this Title not previously submitted with their application for administrative approval, within five (5) calendar days (excluding city-recognized holidays) following the filing of an appeal. (Ord. 2024-001, 9-10-2024)
10.88.060: BUILDING PERMIT:
Before a Building Permit is issued for any structure proposed as part of an approved administrative review, the Community Development Director or their designee shall determine that the proposed structure(s) location, facilities, and improvements are in substantial conformance with the approved administrative review application and conditions of approval. (Ord. 2024-001, 9-10-2024)
10.88.070: VIOLATION AND REVOCATION:
A. Upon violation of any applicable provisions of this Chapter, or, if granted subject to a condition or conditions, upon failure to comply with the condition(s), an administrative review permit shall be suspended.
B. Notice of such suspension and of the City's intent to revoke the approved administrative review permit shall be sent by the Community Development Director immediately to the owner of the subject premises and to the person or persons responsible for noncompliance as determined by the Director.
C. Within forty-five (45) calendar days (excluding city-recognized holidays) of the suspension, after notice to the owner and to those deemed responsible for noncompliance, the Community Development Director shall consider the suspension and revocation at a public hearing. If not satisfied that the regulation, general provision, or condition(s) are being complied with, the Director shall revoke the approved site plan or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition(s) within five (5) calendar days after the public hearing.
D. A decision of the Community Development Director in compliance with this Chapter shall become final on the eleventh calendar day (excluding City-recognized holidays) following the Director's action unless an Appeal is filed with the Planning Commission in compliance with Section 27.88.050 (Appeals). (Ord. 2024-001, 9-10-2024)
10.90.010: PURPOSE:
This Chapter provides a procedure in which individuals with disabilities can request reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. It is the intent of this Chapter to comply with the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (referred to in this Chapter as the Acts). A Reasonable Accommodation is typically an adjustment to physical design standards (e.g., setbacks, drive aisle dimensions, landscaping) to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of people with disabilities. (Ord. 2024-001, 9-10-2024)
10.90.020: APPLICABILITY:
A. General. Reasonable accommodations provide individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices, and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.
B. Eligible Applicants. Eligible applicants include:
1. An individual with a disability is someone who has a physical or mental impairment that limits one (1) or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.
2. The protections afforded people with disabilities under Federal and state fair housing laws extend to those who are associated with them, including providers and developers of housing for people with disabilities.
C. Eligible Requests. A request for reasonable accommodation may be made by any individual with a disability, their representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice, or procedure acts as a barrier to fair housing opportunities. (Ord. 2024-001, 9-10-2024)
10.90.030: APPLICATION FILING, PROCESSING, AND REVIEW:
A. Application. An application for Reasonable Accommodation shall be filed and processed in compliance with this Section. The application shall include the information and materials specified in the most up-to-date application form, together with the required fee in compliance with the City of Reedley Master Fee Schedule.
B. Filing with Other Land Use Applications. If the project involves both a request for Reasonable Accommodation and some other discretionary approval (i.e., Conditional Use Permit), the applicant shall file the request through the operational statement of the principal discretionary application.
C. Responsibility of the Applicant. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.90.030
(Findings and Decision), of this Chapter.
D. Review Authority. On applications not requiring Planning Commission and/or City Council review and approval, the Community Development Director shall be the review authority and shall be responsible for accepting, reviewing, and acting on Reasonable Accommodation requests.
E. Application and Review Procedures. Upon receipt of a Reasonable Accommodation request, the Community Development Director shall make a written decision and either approve, conditionally approve, approve with modifications, or deny a request for accommodation. See Section 10.90.030
(Findings and Decision). (Ord. 2024-001, 9-10-2024)
10.90.040: FINDINGS AND DECISION:
The written decision to approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation shall consider the following factors:
A. Whether the land use, which is the subject of the reasonable accommodation request, will be used by an eligible individual protected under the Acts;
B. Whether the request for Reasonable Accommodation is necessary to make specific land uses available to an individual with a disability under the Acts;
C. Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City; and
D. Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning. For this purpose of this Chapter, "fundamental alteration" is defined as:
1. A substantial change in the primary purpose or benefit of a program or activity;
2. An impairment of necessary or practical components required to achieve a program or activity's primary purpose or benefit; or
3. An alteration so far reaching that it would undermine the basic purpose of maintaining the character of the neighborhood. (Ord. 2024-001, 9-10-2024)
10.90.050 CONDITIONS OF APPROVAL:
In approving a request for Reasonable Accommodation, the Community Development Director shall impose conditions of approval deemed reasonable and necessary to ensure the Reasonable Accommodation will comply with Section 10.90.030 (Findings and Decision) of this Chapter. (Ord. 2024-001, 9-10-2024)
10.92.010: PURPOSE:
The purpose of this Chapter is to provide a process by which applicants can request a reduction or modification to the setback standards established in this Title. It is the intent of this Chapter to provide flexibility in existing residential property development standards which would otherwise preclude development of single-unit or multi-unit residential dwellings. (Ord. 2024-001, 9-10-2024)
10.92.020: APPLICABILITY:
The standards and procedure established in this Chapter shall apply to all parcels where at least one residential dwelling already exists or is proposed. This Chapter shall not apply to accessory dwelling units and junior accessory dwellings in compliance with Chapter 10.52 (Accessory Dwelling Unit) and Chapter 10.54 (Junior Accessory Dwelling Units). (Ord. 2024-001, 9-10-2024)
10.92.030: REVIEW AUTHORITY:
The Community Development Director is responsible for implementation of this Chapter through the processing of a setback exchange application. The Director is also responsible for evaluation, recommendation, and future revision of this Chapter. (Ord. 2024-001, 9-10-2024)
10.92.040: GENERAL STANDARDS:
A. Front yards on residentially zoned parcels may be less than the required setback, provided that a written request and site plan are submitted.
B. The reduction of any side yard or rear yard shall be prohibited.
C. The modified front yard setback shall not be less than the required interior side yard for the zone district where the site is located.
D. Applicant shall designate an area elsewhere on the parcel where no existing or proposed structures, outdoor pools, or hot tubs shall be located or constructed.
E. A setback exchange, if granted, shall run with the land and shall continue to be valid upon a change of ownership. (Ord. 2024-001, 9-10-2024)
10.92.050: PROCESSING, FILING, AND REVIEW:
A. A setback exchange application shall be processed independently of or concurrently with an entitlement application and/or Building Permit.
B. A complete application for a setback exchange shall include the following:
1. Complete application forms provided by the Community Development Department.
2. A dimensioned site plan illustrating the location of all structures on the subject property, the proposed encroachment into the required front or rear yard, and the designated replacement area.
3. Any designated replacement area shall be located outside of required setbacks and shall have minimum dimensions of eight feet (8') by eight feet (8') and shall be situated so as to be accessible and useable by the occupant of the premises.
4. Required application fee in accordance with the City's Master Fee Schedule. The required application fee shall be paid at time of application submittal or shall be paid at time of building permit issuance.
C. Submittal of a complete entitlement application and/or Building Permit may cause a review of planning and Building Permit activity for the subject property to ensure compliance with the Reedley Municipal Code. An identified planning/building or code violation may require the property owner to make necessary corrections prior to the issuance of an entitlement. (Ord. 2024-001, 9-10-2024)
10.92.060: FINDINGS:
The Community Development Director shall find that the granting of the setback exchange will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located and will not be in contradiction of the objectives of this Zoning Code. (Ord. 2024-001, 9-10-2024)
10.94.010: PURPOSE:
The purpose of the standards established in this Chapter is to promote economic development by creating flexibility in existing property development standards which would otherwise preclude adaptive reuse of existing structures and promote quality, clarity, and consistency in applying those standards, requirements, guidelines, processing, and approval of such entitlement applications. (Ord. 2024-001, 9-10-2024)
10.94.020: REVIEW AUTHORITY:
The Community Development Director is responsible for implementation of this Chapter through the processing of Minor Deviation application request. The Director is also responsible for evaluation, recommendation, and future revision of this Chapter. (Ord. 2024-001, 9-10-2024)
10.94.030: APPLICATION FILING:
A complete application for a Minor Deviation shall include the following.
A. Complete application;
B. Site plan drawing;
C. Provide a written and detailed explanation of site constraints which identify the property development standard and justify the granting of the Minor Deviation; and
D. Submit the required application fee in accordance with the current Master Fee Schedule. (Ord. 2024-001, 9-10-2024)
10.94.040: REVIEW PROCEDURES:
The following provisions and procedure shall apply to a request for a modification to an existing structure and/or property development standard of the property's zone district classification as established in this Title.
A. Applicants requesting a Minor Deviation shall submit a complete application to the Community Development Director.
B. Applicants requesting a Minor Deviation may have that request processed independently of or concurrently with an entitlement application and/or Building Permit.
C. A Minor Deviation may be approved by the Community Development Director, subject to such conditions as may be imposed, without any notice or appeal, if it is found that to do so would not be detrimental to the public welfare or injurious to property and improvements in the area in which the property is located.
D. The Community Development Director may modify by up to ten percent (10%) any property development standard noted in this Title, for any zone district, except for side yard setbacks.
E. Submittal of an application (i.e., Site Plan Review, Conditional Use Permit, Variance) and/or Building Permit may cause a review of all permit activity for the subject property to ensure compliance with the Zoning Code. An identified violation of the Zoning Code shall require the property owner to make necessary correction before the approval of the Minor Deviation application. (Ord. 2024-001, 9-10-2024)
10.96.010: PURPOSE:
The purpose of this Chapter is to provide standards and procedures for the review of applicable development and land use applications to enable the Community Development Director to find a proposed development in compliance with the General Plan, Municipal Code, policies, and improvement standards of the City. (Ord. 2024-001, 9-10-2024)
10.96.020: APPLICABILITY:
A. Site plan review provisions of this Chapter shall apply to the following:
1. All land uses within the RCO, UR, RM, PO, CC, CS, ML and MH zoning districts; and
2. Any land use subject to architectural design review by the provisions of Chapter 10.98 (Architectural Design Review) of this Title.
B. Site plan review provisions of this Chapter shall not apply to the following, as determined by the Community Development Director:
1. Single-unit dwellings;
2. Land uses related to single-unit dwellings; and
3. Accessory structures in all zoning districts. (Ord. 2024-001, 9-10-2024)
10.96.030: APPLICATION FILING:
A complete application shall be accompanied by a written narrative, operational statement, site plans, elevations, three-dimensional renderings, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all applicable provisions of this Title. The Community Development Director may require attachments of other written or graphic information, including, but not limited to, statements, numeric data, floor plans, and building cross sections, as a record of the proposal's conformity with the applicable regulations of this Title. The application shall be accompanied by a fee in compliance with the City's Master Fee Schedule. (Ord. 2024-001, 9-10-2024)
10.96.040: DETERMINATION OF COMPLETENESS:
A. The application for site plan review shall be deemed complete and accepted for processing only when it conforms to all the requirements of Section 10.96.030 (Application Filing) of this Title. Within thirty (30) calendar days (excluding City-recognized holidays) after the application is submitted, the Community Development Director or their designee shall determine whether the application, including all submitted materials, is complete and shall notify the applicant of the determination in writing, including (if appropriate) a description of why the application is incomplete and any additional information that may be required. Upon receipt of any resubmittal of the application, a new thirty (30)-day review period shall begin.
B. If the Director determines they cannot approve the site plan without the granting of a Variance or Conditional Use Permit, or the enactment of an amendment to this Title, The Director shall inform the applicant in writing and shall not act on the application until the proper application or an amendment has been submitted in compliance with this Title.
C. If the Community Development Director determines that the application, including the submitted materials, is not complete, the applicant may appeal such determination to the Planning Commission. The appeal shall be filed in writing with the director within ten (10) calendar days (excluding City recognized holidays) after notice of the Director's determination. The Planning Commission shall hear the appeal and give a final written determination on the appeal within sixty (60) calendar days (excluding City-recognized holidays) after the Director's receipt of the applicant's appeal. (Ord. 2024-001, 9-10-2024)
10.96.050: APPLICATION PROCESSING:
A. Within forty-five (45) calendar days (excluding City recognized holidays) following the date of a deemed complete application status, the Community Development Director shall approve, approve with conditions, or disapprove the site plan. In approving the site plan, the Director shall make the findings established in Section 10.96.070 (Findings) of this Chapter. The action of the Director shall be final unless appealed in compliance with Section 10.96.120 (Appeals) of this Chapter.
B. The approved site plan, with any conditions shown thereon or attached thereto, shall be signed by the Community Development Director, or their designee, and a copy shall be provided electronically or through the United States Postal Service to the applicant.
C. Revisions by the applicant to an approved site plan shall be resubmitted to the Community Development Director in compliance with Section 10.96.030 (Application Filing). (Ord. 2024-001, 9-10-2024)
10.96.060: CONDITIONS OF APPROVAL:
The Community Development Director shall require conditions of approval necessary to protect the public health, safety, and general welfare. Such conditions may include consideration of the following:
A. Special setbacks, spaces, and buffers.
B. Fences and walls.
C. Surfacing of parking areas and provisions for surface water drainage subject to City specifications.
D. Street dedications and improvements, in compliance with Section 10.96.080 (Street Dedications and Improvements) of this Chapter, including service roads or alleys.
E. Regulation of points of vehicular ingress and egress.
F. Regulation of signs, in compliance with the standards established in Chapter 10.40 (Sign Regulations) of this Title.
G. Requiring maintenance of the grounds.
H. Requiring landscaping and maintenance thereof.
I. Regulation of noise, vibration, odors, and other similar characteristics.
J. Measures necessary to eliminate or to effect mitigation to acceptable levels of adverse environmental impacts.
K. Regulation of time for certain land uses and activities to be conducted on the site.
L. Time period within which the proposed land use or activity shall be developed and/or take place.
M. A bond, deposit of money, recorded lien secured by deed of trust or letter of credit for the completion of street improvements and other facilities or for the removal of such use within a specified period of time, to assure conformance with the intent and purposes established in this Title. (Ord. 2024-001, 9-10-2024)
10.96.070: FINDINGS AND DECISION:
A. In acting on a proposed site plan, the Community Development Director shall make the following findings:
1. The site plan complies with all applicable provisions of this Title;
2. The site plan complies with the current and active General Plan and/or applicable Specific Plan;
3. The following are so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected and there will not be an adverse effect on surrounding property:
a. Facilities and improvements.
b. Vehicular ingress, egress, and internal circulation.
c. Setbacks.
d. Height of structures.
e. Location of services.
f. Walls.
g. Landscaping.
h. Drainage of site;
4. Proposed lighting is so arranged as to deflect the light away from adjoining properties;
5. Proposed signs shall comply with all applicable provisions of Chapter 10.40 (Sign Regulations) of this Title;
6. Approval of the project will be consistent with established legislative policies related to traffic safety, street dedications, street improvements, and environmental quality; and
7. The project will not be detrimental to public health, safety, and welfare.
B. A Site Plan Review shall become effective on the eleventh calendar day (excluding City-recognized holidays) following the date the Site Plan Review was acted upon by the Director, unless appealed in compliance with Section 10.96.120 (Appeals) of this Chapter. (Ord. 2024-001, 9-10-2024)
10.96.080: STREET DEDICATIONS AND IMPROVEMENTS:
Because of changes which may occur due to drainage conditions, utility service requirements, or vehicular traffic generated by facilities requiring a Site Plan Review, the following dedications and improvements may be deemed necessary and may be required as a condition or conditions to the approval of any site plan:
A. Development Bordering or Traversed by an Existing Street. If the development abuts or is traversed by existing approved and applicable public right(s)-of-way, the applicant may be required to:
1. Dedicate all necessary rights-of-way to widen an abutting local or collector street to the extent of fifty percent (50%) of the ultimate width established by the City as the standard for such local or collector street, or the full extent required for a frontage road.
2. Dedicate all necessary rights-of-way to widen a traversing local or collector street to its ultimate width established by the City as the standard for such local or collector street.
3. Dedicate all necessary rights-of-way to widen an abutting or traversing arterial or major arterial street to the standards of width established by the City as the standard for such street.
4. Set back all facilities the required distance from ultimate property lines along a major arterial street as shown on any master, official or precise plan of streets and highways or by the General Plan.
5. Install curbs, gutters, sidewalks, street signs, streetlights, and street trees along one side of an abutting, or along both sides of, a traversing local, collector, arterial, or major arterial street.
6. Install utilities and drainage facilities to the full extent of the service requirements generated by the development.
7. Grade and improve abutting local or collector streets from curb to centerline of the ultimate right of way.
8. Grade and improve traversing local or collector streets from curb to curb.
9. Grade and improve the parking lane and one (1) traffic lane adjacent to the development, along an abutting arterial or major arterial street.
10. Grade and improve both parking lanes and the two (2) outside traffic lanes of a traversing arterial or major arterial street.
B. Exception. Except as provided in Subsections C and D of this Section, all new roads shall be dedicated and improved in accordance with the requirements of Subsection A of this Section.
C. Where a frontage road is already provided and improved along a major arterial, arterial, collector, or local street in accordance with City standards, the curb, gutter, sidewalk, street sign, street lighting, grading, and paving requirements of Paragraphs A.5 and Paragraph A.10 of this Section pertaining to the arterial street shall not be required unless any part of the street is altered or reconstructed.
D. Where total access to or from an abutting or traversing major arterial street is prohibited as a condition of approval, the curb, gutter, sidewalks, street sign, streetlight, grading, and paving requirements of Paragraph A.5 and Paragraph A.10 of this Section pertaining to major arterial streets shall not be required.
E. All improvements shall be to City standards existing at the time the site plan is approved and shall be installed at the time of the proposed development. Where it is determined by the City that it is impractical to put in any or all improvements at the time of the proposed development, an agreement to make such improvements may be accepted in lieu thereof. The applicant shall enter into said agreement with the City for the provision of improvements before a Building Permit may be issued, at which time there shall be money deposited with or in favor of the City, or a letter of credit or performance bond posted with the City, in an amount equal to one hundred percent (100%) of the estimated cost of improvements, as estimated by the City Engineer to guarantee the making of such improvements.
F. Street dedications and improvements required by this Section shall be considered in relationship to the traffic, utility, and other demands generated by the proposed development and/or land use. (Ord. 2024-001, 9-10-2024)
10.96.090: BUILDING PERMIT:
Before a Building Permit is issued for any structure or sign proposed as part of an approved site plan, the Community Development Director shall determine that the proposed structure(s) location, facilities, and improvements are in substantial conformance with the approved site plan. (Ord. 2024-001, 9-10-2024)
10.96.100: LAPSE OF SITE PLAN APPROVAL:
A site plan approval shall lapse and shall become void twenty-four (24) months following the date on which approval by the Community Development Director, Planning Commission, or City Council became effective unless, prior to the expiration of twenty-four (24) months, a Building Permit is issued by the Building Division and construction is commenced and diligently pursued toward completion of the site or structures which were the subject of the site plan. Approval may be extended for an additional period or periods of twelve (12) months upon written application to the Director before expiration of the first approval. The Director shall have the authority to grant or deny an extension request. (Ord. 2024-001, 9-10-2024)
10.96.110: RENEWAL OF SITE PLAN APPROVAL:
A site plan approval may be renewed for an additional twelve (12) months, provided that the following requirements are met:
A. Prior to the expiration of the time period granted, an application for renewal of the site plan approval is filed with the Community Development Director.
B. The Community Development Director shall grant or deny an application for renewal of a site plan approval. (Ord. 2024-001, 9-10-2024)
10.96.120: APPEALS:
A. Appeal to Planning Commission. Site plan review decisions shall be appealed in compliance with the following:
1. Within ten (10) calendar days (excluding City-recognized holidays) following the date of a decision by the Community Development Director, the decision may be appealed in writing to the Planning Commission by the applicant or any other interested party. An appeal shall be filed with the Community Development Department and accompanied by the filing fee determined by the current Master Fee Schedule. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Community Development Director or wherein the decision is not supported by the evidence in the record.
2. The Community Development Director shall give notice to the applicant and to the appellant (if the applicant is not the appellant) of the time the appeal will be considered by the Planning Commission.
3. Notice of Planning Commission Public Hearing. Notice of the public hearing shall be given, at minimum, ten (10) calendar days (excluding City-recognized holidays) prior to the date of the hearing in accordance with the requirements of Government Code sections 65905 and 65091.
4. The Planning Commission shall hear the appeal at its next regular meeting within forty-five (45) calendar days (excluding City-recognized holidays) after the filing of the appeal. The Commission may affirm, modify, or reverse a decision of the Community Development Director based on the record and additional evidence submitted by the applicant or other interested party. If the decision is modified or reversed, the Commission shall make the applicable findings prerequisite to the approval of a site plan as provided in Section 10.96.070 (Findings) of this Chapter. The decision of the Commission shall be final unless appealed to the City Council in compliance with Subsection B (Appeal to City Council), below.
B. Appeal to City Council. A decision by the Planning Commission shall be appealed to the City Council in compliance with the following:
1. Within ten (10) calendar days (excluding City-recognized holidays) following the date of a decision of the Planning Commission on a site plan application, the decision may be appealed to the City Council by the applicant or any other interested party. An appeal shall be filed with the City Clerk and accompanied by the filing fee determined by the current Master Fee Schedule. The appeal shall specifically state wherein it is claimed that there was an error or abuse of discretion by the Commission or where its decision is not supported by the evidence in the record.
2. The Community Development Director shall transmit to the City Clerk the drawings of the site plan and all other information filed therewith, the findings of the Planning Commission and its decision on the application for review and action.
3. The City Clerk or their designee shall give notice to the applicant and to the appellant (if the applicant is not the appellant) of the time when the appeal will be considered by the City Council.
4. Notice of City Council Public Hearing. Notice of the public hearing shall be given, at minimum, ten (10) calendar days (excluding City-recognized holidays) prior to the date of the hearing in accordance with the requirements of Government Code sections 65905 and 65091.
5. The City Council shall hear the appeal of its next regular meeting within forty-five (45) calendar days (excluding City-recognized holidays) after the filing date of the appeal. The City Council may affirm, reverse, or modify a decision of the Planning Commission based on the record and additional evidence submitted by the applicant or other interested party. If the decision is modified or reversed, the City Council shall make the applicable findings prerequisite to the approval of a site plan as provided in Section 10.96.070 (Findings) of this Chapter.
6. A site plan which has been the subject of an appeal to the City Council shall become effective immediately following the date on which the site plan is affirmed or modified by the City Council. (Ord. 2024-001, 9-10-2024)
10.96.130: VIOLATION AND REVOCATION:
A. Upon violation of any applicable provisions of this Chapter, or, if granted subject to a condition or conditions, upon failure to comply with the condition(s), a site plan approval shall be suspended.
B. Notice of such suspension and of the City's intent to revoke the approved site plan shall be sent by the Community Development Director immediately to the owner of the subject premises and to the person or persons responsible for noncompliance as determined by the Director.
C. Within forty-five (45) calendar days (excluding City-recognized holidays) of the suspension, after notice to the owner and to those deemed responsible for noncompliance, the Community Development Director shall consider the suspension and revocation at a public hearing. If not satisfied that the regulation, general provision, or condition(s) are being complied with, the Director shall revoke the approved site plan or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition(s) within five (5) calendar days (excluding City-recognized holidays) after the public hearing.
D. A decision of the Community Development Director in compliance with this Chapter shall become final on the eleventh calendar day (excluding City-recognized holidays) following the Director's action unless an Appeal is filed with the Planning Commission. (Ord. 2024-001, 9-10-2024)
10.96.140: APPROVAL TO RUN WITH THE LAND:
A site plan approved pursuant to the provisions of this Chapter shall run with the land and shall continue to be valid upon a change of ownership of the site which was the subject of the site plan. (Ord. 2024-001, 9-10-2024)
10.100.010: PURPOSE:
In certain zoning districts, some land uses are allowed with the approval of a Conditional Use Permit. The unusual characteristics of conditional land uses require special consideration with respect to the objectives of this Title and their effects on surrounding properties. To achieve these purposes and provide additional flexibility of the land use regulations established in this Title, the Planning Commission is empowered to grant and deny applications for Conditional Use Permits and impose reasonable conditions to the approval of a Conditional Use Permit, subject to appeal of the Commission's decisions to the City Council. (Ord. 2024-001, 9-10-2024)
10.100.020: REVIEW AUTHORITY:
The Planning Commission may approve a Conditional Use Permit for a conditional land use established in Article 2 (Zones, Allowable Uses, and Development Standards). (Ord. 2024-001, 9-10-2024)
10.100.030: APPLICATION FILING:
A complete application for a Conditional Use Permit shall be submitted to the Community Development Department and shall be accompanied by a written narrative, operational statement, site plans, elevations, three-dimensional renderings, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all applicable provisions of this Title. The Community Development Director may require attachments of other written or graphic information, including, but not limited to, statements, numeric data, floor plans, and building cross sections, as a record of the proposal's conformity with the applicable regulations of this Title. The application shall be accompanied by a fee in accordance with the City's Master Fee Schedule. (Ord. 2024-001, 9-10-2024)
10.100.040: NOTICING AND PUBLIC HEARING PROCEDURES:
A. Public Hearing and Notice. Notice of public hearing shall comply with the following:
1. Following acceptance of a Conditional Use Permit application as complete for filing pursuant to Government Code section 65943, the Planning Commission shall hold a public hearing on said application.
2. Notice of the public hearing shall be given, at minimum, ten (10) calendar days (excluding City-recognized holidays) prior to the date of the hearing in accordance with the requirements of Government Code sections 65905 and 65091.
B. Notice. The Community Development Department shall give written notice to the applicant of the time when the application will be considered by the Planning Commission.
C. Public Hearing; Procedure. At the public hearing, the Planning Commission shall review the application and the statement and drawings submitted therewith and shall receive pertinent evidence and testimony concerning the proposed use and the proposed conditions under which it would be operated or maintained. (Ord. 2024-001, 9-10-2024)
10.100.050: FINDINGS AND DECISION:
A. The Planning Commission shall act on the application within sixty (60) calendar days (excluding-City-recognized holidays) following the date of a deemed complete application status or following the closing of the public hearing unless a longer time is allowed under the provisions of Government Code sections 65950-65951 and 65957-65957.1. This sixty (60)-calender day (excluding City-recognized holidays) timeline shall not apply if the Conditional Use Permit application is submitted and processed with additional entitlement applications. The Commission may approve, or conditionally approve, an application for a Conditional Use Permit if the Commission makes the following findings:
1. That there are circumstances or conditions applicable to the land, structure, or use which makes the granting of a Conditional Use Permit necessary for the preservation and enjoyment of a substantial property right;
2. That the proposed use will comply with policies, goals, and objectives of the General Plan, and, if applicable, a Specific Plan;
3. That the proposed location of the conditional use complies with the objectives of this Title and the purposes of the zone district in which the site is located; and
4. That the proposed use will comply with each of the applicable provisions of this Title.
B. A Conditional Use Permit may be granted subject to such conditions as the Planning Commission may prescribe. The Commission may deny an application for a Conditional Use Permit if it is unable to make one or more of the findings required by this Title. A Conditional Use Permit may not grant Variances to the regulations established by this Title for which Variance procedures are prescribed by Chapter 10.102 (Variances) of this Article. A Conditional Use Permit may grant Planned Unit Developments in accordance with Chapter 10.20 (Planned Unit Developments) of this Title.
C. A Conditional Use Permit shall become final on the eleventh calendar day (excluding City-recognized holidays) following the date it is granted by resolution of the Planning Commission unless an appeal has been filed with the City Council. (Ord. 2024-001, 9-10-2024)
10.100.060: CONDITIONS OF APPROVAL:
In approving a Conditional Use Permit, the Planning Commission shall, in its resolution or attached to its resolution, state those conditions, dedications, or requirements of approval reasonably necessary to the use of the proposal to protect the public health, safety, and general welfare. (Ord. 2024-001, 9-10-2024)
10.100.070: BUILDING PERMIT:
Before a Building Permit shall be issued for any building or structure proposed as part of the approved Conditional Use Permit application, the Community Development Director shall determine that the proposed structure(s) location, facilities, and improvements are in substantial conformance with the site plan and conditions approved by the Planning Commission. (Ord. 2024-001, 9-10-2024)
10.100.080: LAPSE OF CONDITIONAL USE PERMIT AND RENEWALS:
A. A Conditional Use Permit shall lapse and become void thirty-six (36) months following the date on which the Conditional Use Permit became effective, unless one of the following occurs:
1. Prior to the expiration of thirty-six (36) months, a Building Permit is issued by the Building Official and construction is commenced and diligently pursued toward completion on the site which was the subject of the Conditional Use Permit application.
2. Prior to the expiration of thirty-six (36) months, the proposed operation is commenced and diligently pursued toward completion on the site which was the subject of the Conditional Use Permit application.
B. Renewals. A Conditional Use Permit may be renewed for an additional twelve (12) months, provided that the following requirements are met:
1. Prior to the expiration of the time period granted, an application for renewal of the Conditional Use Permit is filed with the Community Development Director.
2. The Community Development Director shall grant or deny an application for renewal of a Conditional Use Permit. (Ord. 2024-001, 9-10-2024)
10.100.090: TIME LIMIT FOR DEVELOPMENT:
The Community Development Director may establish a greater time limit than that provided by Section 10.100.080 (Lapse of Conditional Use Permit and Renewals) within which the subject property and land use or any stage or phase thereof shall be commenced and completed. The time limits set by the Director shall be based on the size, nature, and complexity of the proposed development. (Ord. 2024-001, 9-10-2024)
10.100.100: SUSPENSION AND REVOCATION:
A. Upon violation of any applicable provisions of this Chapter, or, if granted subject to a condition or conditions, upon failure to comply with the condition(s), a Conditional Use Permit shall be suspended.
B. Notice of such suspension and of the City's intent to revoke the Conditional Use Permit shall be sent by the Community Development Director immediately to the owner of the subject premises and to the person or persons responsible for noncompliance as determined by the Community Development Director.
C. Within forty-five (45) calendar days (excluding City-recognized holidays) of the suspension, after notice to the owner and to those deemed responsible for noncompliance, the Planning Commission shall consider the suspension and revocation at a public hearing. If not satisfied that the regulation, general provision, or condition(s) are being complied with, the Commission may revoke the Conditional Use Permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition(s) within five (5) calendar days after the public hearing.
D. The Planning Commission public hearing regarding the suspension and/or revocation shall be properly noticed in compliance with Section 10.100.040 (Noticing and Public Hearing Procedures) of this Chapter.
E. A decision of the Planning Commission pursuant to this Section shall become final on the eleventh calendar day (excluding City-recognized holidays) following the date it is granted by resolution of the Commission unless an Appeal has been filed with the City Council. (Ord. 2024-001, 9-10-2024)
10.100.110: NEW APPLICATION:
Following the denial or the revocation of a Conditional Use Permit, no application for a Conditional Use Permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within six (6) months from the date of denial or revocation of the Conditional Use Permit. (Ord. 2024-001, 9-10-2024)
10.100.120: CONDITIONAL USE PERMIT TO RUN WITH THE LAND:
A Conditional Use Permit approved in compliance with this Chapter shall run with the land and shall continue to be valid upon a change in owner of the business and or change of ownership of the site or structure which was the subject of the Conditional Use Permit application. (Ord. 2024-001, 9-10-2024)
10.100.130: MINOR REVISIONS:
A Conditional Use Permit may be revised, provided that such revisions are minor, as determined by the Community Development Director. Application for minor revisions shall be made in writing to the Community Development Department. The Director may approve such revisions without public hearing, provided that the Director can determine that the revisions will not substantially change the intensity or character of the use as previously approved by the Planning Commission. The Director's decision may be appealable to the Planning Commission within ten (10) calendar days (excluding City-recognized holidays) after a decision is rendered. A decision of the Community Development Director shall become final on the eleventh calendar day (excluding City-recognized holidays) following the Director's action unless an Appeal is filed with the Planning Commission. (Ord. 2024-001, 9-10-2024)
10.100.140 SITE PLAN REVIEW:
Approval of a Conditional Use Permit under the provisions of this Chapter shall comply with Chapter 10.96 (Site Plan Review) of this Article. (Ord. 2024-001, 9-10-2024)
10.100.150: APPEALS AND ACTION OF CITY COUNCIL:
A. Appeal to City Council. A decision made by the Planning Commission shall be appealed in compliance with the following:
1. Within ten (10) calendar days (excluding City-recognized holidays) following the date of a decision of the Planning Commission on a Conditional Use Permit, the decision may be appealed to the City Council by the applicant, the Mayor, a member of the Council, or any other interested party. An appeal shall be in writing and must be timely filed with the City Clerk and accompany the filing fee in compliance with the City's current Master Fee Schedule. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Commission or wherein its decision is not supported by the evidence in the record. Late appeals shall not be accepted by the City Clerk.
2. An appeal filed by a member of the City Council shall not be subject to said fee.
3. The City Clerk or their designee shall give notice of the public hearing in the manner described in Section 10.100.040 (Noticing and Public Hearing Procedures) of this Chapter.
B. Action of City Council. City Council action shall comply with the following.
1. The City Council shall hear the appeal at its next regular meeting within forty-five (45) calendar days (excluding City-recognized holidays), after the filing of the appeal. The Council may affirm, reverse, or modify a decision of the Planning Commission on a Conditional Use Permit. In the event of a revocation, denial, or modification of a Conditional Use Permit, the Council shall, based on the record transmitted and any additional evidence submitted, make the findings established in this Chapter, when applicable.
2. A decision on a Conditional Use Permit which has been the subject of an appeal to the City Council shall become final immediately on the date on which the decision is made by the Council. (Ord. 2024-001, 9-10-2024)
10.102.010: PURPOSE:
The purpose of this Chapter is to establish a procedure when the strict application of this Title deprives such property of privileges enjoyed by other properties in the vicinity under identical zoning classification due to special circumstances of the property, including size, shape, topography, location, or surroundings. The power to grant Variances does not extend to use regulations, because the flexibility necessary to avoid results consistent with the objectives of this Title is provided by the conditional use, planned unit development, and amendment provisions of this title. (Ord. 2024-001, 9-10-2024)
10.102.020: REVIEW AUTHORITY:
The Planning Commission is responsible for reviewing and granting Variances. The Planning Commission may approve, approve with conditions, or deny Variances to the standards established in this Title pertaining to fences and walls (i.e., height, type, material, location), parcel areas, width, depth, coverage, front yard, rear yard, side yards, height of structures, distances between structures, off street parking facilities, and off-street loading facilities. (Ord. 2024-001, 9-10-2024)
10.102.030: APPLICATION FILING:
A complete application for a Variance shall be submitted to the Community Development Department and shall include the following information:
A. Name and address of applicant.
B. Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved.
C. Address or description of property.
D. Statement of the precise nature of the Variance requested and why approval is necessary under the purposes described in Section 10.102.010 (Purpose) of this Chapter, together with any other information pertinent to the findings prerequisite to the granting of a Variance prescribed in Section 10.102.050 (Findings and Decision) of this Chapter. This information shall be included in a City-provided supplemental questionnaire which shall be submitted along with a complete application.
E. The application shall be accompanied by a drawing of the site and any adjacent property affected, showing all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off street parking and loading facilities, and landscaped areas.
F. The application shall be accompanied by a fee set by resolution in the Master Fee Schedule sufficient to cover the cost of handling the application as established in this Chapter. (Ord. 2024-001, 9-10-2024)
10.102.040: NOTICING AND PUBLIC HEARING PROCEDURES:
The Planning Commission shall hold a public hearing in accordance with the provisions of Section 10.100.040 (Noticing and Public Hearing Procedures). At a public hearing, the Commission shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the Variance, particularly with respect to the findings prescribed in Subsection 10.102.050 of this Chapter. (Ord. 2024-001, 9-10-2024)
10.102.050: FINDINGS AND DECISION:
A. The Planning Commission shall act on the application within sixty (60) calendar days (excluding City-recognized holidays) following the date of a deemed complete application status or within sixty (60) calendar days (excluding City-recognized holidays) after the close of a public hearing, if any.
B. The Planning Commission may grant a Variance to regulations prescribed by this Title, as the Variance was applied for or in modified form, if, based on the application, investigation and evidence submitted, the Commission makes the following findings:
1. There are special circumstances or conditions applicable to the property involved, such that strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.
2. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the vicinity and in the same zoning district.
3. The granting of the Variance will not create a safety hazard or any other condition inconsistent with the objectives of this Title.
C. The Planning Commission shall grant a Variance to a regulation prescribed by this Title, with respect to off street parking facilities or off-street loading facilities as the Variance was applied for or in modified form, if, based on the application, investigation and the evidence submitted, the commission makes the findings prescribed in Paragraph B and the following additional findings:
1. Neither present nor anticipated future traffic volumes generated by the parcel's land use or the uses of parcels in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.
2. The granting of the Variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.
D. In approving a Variance, the Planning Commission shall add such conditions of approval as necessary to ensure the Variance adjustment shall not grant special privilege.
E. A Variance may be revocable, granted for a limited time period, or granted subject to such condition(s) as the authority (Planning Commission or City Council) that rendered a final decision of the Variance may prescribe.
F. A Variance shall become effective ten (10) calendar days (excluding City-recognized holidays) following the date the Variance was granted unless an appeal has been filed with the City Council. (Ord. 2024-001, 9-10-2024)
10.102.060: APPEALS AND ACTION OF CITY COUNCIL:
A. Appeal to City Council. A decision made by the Planning Commission shall be appealed in compliance with the following:
1. Within ten (10) calendar days (excluding City-recognized holidays) following the date of a decision of the Planning Commission on a Variance application, the decision may be appealed to the City Council by the applicant or any other interested party. A written appeal shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Commission or wherein its decision is not supported by the evidence in the record.
2. The appeal letter shall be accompanied by a fee established in the City of Reedley Master Fee Schedule. The City of Reedley shall be made exempt from the filing fee requirement.
3. The City Clerk or their designee shall give notice to the applicant and to the appellant (if the applicant is not the appellant) and may give notice to any other interested party at the time when the appeal will be considered by the City Council.
4. Notice of the public hearing shall be given, at minimum, ten (10) calendar days (excluding City-recognized holidays) prior to the date of the hearing in accordance with the requirements of Government Code sections 65905 and 65091.
5. The Community Development Director shall transmit to the City Clerk the Variance application and all other information filed therewith, the findings of the Planning Commission and their decision on the application for review and action.
B. Action of City Council. The action by City Council shall comply with the following:
1. The City Council shall hear the appeal within forty-five (45) calendar days (excluding City-recognized holidays) after the filing of the appeal. The Council may affirm, reverse, or modify a decision of the Planning Commission on a Variance application. If a decision denying a Variance is reversed or a decision granting a Variance is modified, the Council shall, based on the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a Variance, when applicable.
2. A Variance which has been the subject of an appeal to the City Council shall become effective immediately following the date on which the Variance is granted by the Council. (Ord. 2024-001, 9-10-2024)
10.102.070: LAPSE OF VARIANCE:
A Variance shall lapse and become void three (3) years following the date on which the Variance becomes effective unless a condition of the Variance allows for a greater time, or unless prior to the expiration of thirty-six (36) months, a Building Permit is issued by the Building Official and construction is commenced and diligently pursued toward completion on the site which was the subject of the Variance application. A Variance may be renewed for an additional twelve (12) months, provided that prior to the expiration date, an application for renewal of the Variance is made to the Community Development Director. The Director may grant or deny an application for renewal of a Variance. (Ord. 2024-001, 9-10-2024)
10.102.080: REVOCATION:
The revocation of a Variance approval shall be governed by the provision of Section 10.100.100 of this Article. (Ord. 2024-001, 9-10-2024)
10.102.090: NEW APPLICATION:
Following the denial of a Variance application or the revocation of a Variance, no application for the same or substantially the same Variance on the same or substantially the same parcel shall be filed within twelve (12) months of the date of denial of the Variance application or revocation of the Variance. (Ord. 2024-001, 9-10-2024)
10.104.010: PURPOSE:
The purpose of this Chapter is to provide a guide for the orderly physical growth and development of the City, to implement the General Plan, and to promote and protect public health, safety, and general welfare, on an area-specific basis. The purpose of a Specific Plan is to systematically implement the general plan for all or part of the area covered by the General Plan. (Ord. 2024-001, 9-10-2024)
10.104.020: APPLICABILITY:
Where specific conditions of the Specific Plan are more restrictive than the Zoning Ordinance development standards, the conditions of the Specific Plan shall apply. Where a standard is not addressed in the Specific Plan, the Zoning Ordinance shall apply. (Ord. 2024-001, 9-10-2024)
10.104.030: PROCEDURE:
The procedure for adoption, amendment, and revocation of a Specific Plan shall be established in accordance with the California Government Code. (Ord. 2024-001, 9-10-2024)
10.106.010: PURPOSE:
A. The purpose of this Chapter is to comply with Public Resources Code, Section 21082 that mandates local agencies to establish criteria and procedures for the evaluation of projects and the preparation of environmental impact reports, and negative declarations. As part of the review to determine whether an application for a development project is complete, the Community Development Director shall conduct a preliminary assessment of potential environmental issues.
B. The purpose of this review is to help the City decide if the project is subject to environmental review and, if so, which issues may require analysis. An application subject to environmental review pursuant to the California Environmental Quality Act (CEQA) shall not be considered complete until the applicant has submitted all studies and other documentation the Community Development Director has deemed necessary to make an environmental determination. (Ord. 2024-001, 9-10-2024)
10.106.020: APPLICABILITY AND CEQA REFERENCES:
A. Applicability. The California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., applies to development projects as may be determined by the City.
B. CEQA References. Any reference to "CEQA," includes Public Resources Code 21000 et. seq. (Ord. 2024-001, 9-10-2024)
10.106.030: REVIEW FOR EXEMPTION:
If the Director determines that the application is subject to review under CEQA, within thirty (30) calendar days (excluding City-recognized holidays) after determining that the application is complete, the Community Development Director shall determine if the project is exempt from environmental review in compliance with to State law, CEQA Guidelines, and all applicable City environmental guidelines adopted in compliance with CEQA.
A. If the Community Development Director has determined that a project is exempt from environmental review under CEQA, such determination shall be supported with necessary written findings and substantial evidence and included in any public notice required for the project. The notice shall include a citation to the applicable statute or CEQA Guideline section under which it is found to be exempt.
B. Following approval of a project that is exempt from CEQA review, the Director or the applicant may file a Notice of Exemption with the Fresno County Clerk. The applicant for a project shall be responsible for any fees required to file such notice. (Ord. 2024-001, 9-10-2024)
10.106.040: ENVIRONMENTAL REVIEW APPLICATION:
If the proposed project is not exempt from environmental review, the applicant shall submit an application for environmental review. After receiving an environmental review application and required studies, the Community Development Director shall determine whether to require preparation of an Environmental Impact Report (EIR), Negative Declaration or Mitigated Negative Declaration or whether the project is within the scope of a Master EIR, or other appropriate document authorized by CEQA. To make this determination, the Director shall prepare or cause the preparation of an Initial Study at the applicant's expense. (Ord. 2024-001, 9-10-2024)
10.106.050: PREPARATION OF AN INITIAL STUDY:
A. The Initial Study shall be prepared in compliance with State law, CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.
B. Following completion of the Initial Study, the Community Development Director shall notify the applicant in writing of changes to the project deemed necessary to reduce or avoid any significant effects or revise the project to reduce its impacts to less than significant identified in the Initial Study;
C. Within thirty (30) calendar days (excluding City-recognized holidays) following the date of the notification described above, the applicant shall provide written notification to the Director indicating that the proposed modifications are acceptable or shall propose alternative measures that will achieve the same result. If the applicant does not agree to revise the project, an EIR shall be prepared. Alternatively, if the applicant does not respond to letter the application shall be terminated by the City; or
D. If an EIR is being prepared, an Initial Study is not mandatory as outlined by CEQA. (Ord. 2024-001, 9-10-2024)
10.106.060: DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE:
Based on the Initial Study, the Community Development Director will make one of the following findings and prepare the appropriate environmental documentation in compliance with State law, CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.
A. The project will have "No Significant Impacts" on the environment, and a Negative Declaration will be prepared;
B. The project has been modified to mitigate potential environmental impacts to a level of insignificance and a Mitigated Negative Declaration will be prepared;
C. The project is within the scope of a Master EIR or other appropriate document authorized by CEQA, no additional significant environmental effect will result, and no additional mitigation measures or alternatives may be required; or
D. The proposed project will have, or may have, significant impact(s) and an EIR will be required. (Ord. 2024-001, 9-10-2024)
10.106.070: REVIEW AUTHORITY FOR THE CEQA FINDING:
The Review Authority of the entitlement shall also have the authority to adopt the related CEQA finding. For example, should the Director be the Review Authority, the Director shall also have the authority to approve the related CEQA finding. (Ord. 2024-001, 9-10-2024)
10.106.080: APPEALS:
Notwithstanding other provisions of this Code, the applicant or any aggrieved person may appeal the following environmental determinations made by non-elected, decision-making bodies of the City directly to City Council, unless the Council is the approving authority for the project:
A. Determination that a project is or is not subject to environmental review.
B. Determination that a project is exempt from environmental review.
C. Approval of a Negative Declaration or Mitigated Negative Declaration.
D. Approval of a Finding of Conformity with the Master EIR.
E. Certification of a Final EIR. (Ord. 2024-001, 9-10-2024)