The purpose of this Chapter is to provide procedures for amending the text of this Zoning Code or the Official Zoning Map whenever public necessity, convenience, and general welfare require such amendment to maintain consistency with the General Plan. Such amendments shall be made in accordance with the procedures prescribed in this Chapter. (Ord. 2024-001, 9-10-2024)

An application to amend the General Plan, rezone land, change or revise a zoning district regulation, requirement(s) for off-street and or loading facilities, general provisions, exceptions, or other provisions may be initiated by:

   A.   A property owner;

   B.   The City Manager;

   C.   City Council action;

   D.   Planning Commission recommendation to the City Council; and/or

   E.   Council action to adopt an interim ordinance in compliance with State Law. (Ord. 2024-001, 9-10-2024)

      1.   Name and address of the applicant.

      2.   Statement that the applicant is the owner of the property for which the application for a rezone is proposed, or the authorized agent of the owner, or the plaintiff in an action of eminent domain to acquire the property involved.

      3.   Address and description of the property.

      4.   Description of the proposed change(s).

         a.   Published and circulated in a local newspaper; and

         b.   First class mailing, postage prepaid, a notice of the hearing shall be mailed to all owners of real property within a three hundred and fifty-foot (350') radius, unless a different radius is specified elsewhere in this Title, that is subject to the hearing in accordance with Government Code Section 65091; and

         c.   First class mailing, postage prepaid, a notice of the hearing to any person who has filed a written request therefore with the Planning Commission. Such request may be submitted at any time during the calendar year and shall apply for the balance of such year; and

         d.   Posted on the City's website.

The Community Development Director shall prepare a report and recommendation to the Planning Commission on any application for an amendment to this Code. The report shall include a description of the proposed amendment, and analysis of implications of the amendment, an environmental document prepared in compliance with the California Environmental Quality Act, and a City staff recommendation. (Ord. 2024-001, 9-10-2024)

Following the public hearing, the Planning Commission shall make a written recommendation to the Council as to whether the change would be consistent with the General Plan and the purposes and intended application of the Zoning Code change proposed. The Planning Commission, through the Community Development Department, shall transmit a report to the City Council recommending that the application be granted or denied, or that the proposal be adopted or rejected, together with one copy of the application, resolution of the Planning Commission or request of the City Council, the scale drawing of the parcel and the surrounding area and all other data filed therewith, the report of the Community Development Director and the findings of the Planning Commission. (Ord. 2024-001, 9-10-2024)

   A.   Upon receipt of the resolution and report of the Planning Commission, the City Council shall hold a public hearing.

   B.   Notice of the time and place of said hearing shall be given in the time and manner provided under Section 10.100.040 (Noticing and Public Hearing Procedures) of this Chapter. The notice shall include a summary of the Planning Commission recommendation, if available at the time of the notice.

   C.   After the close of the public hearing, the City Council shall make a specific finding in writing as to whether the amendment is required to achieve the objectives of this Title and, when applicable, whether the amendment would be consistent with the General Plan and the purposes and application intended for the zoning district classification proposed.

   D.   After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed application. If the Council proposes any substantial modification not previously considered by the Planning Commission during its hearing, the proposed modification shall be re-referred to the Planning Commission for report and recommendation at a public hearing where notice shall be given in the time and manner provided under Section 10.100.040 (Noticing and Public Hearing Procedures) of this Chapter. The failure of the Planning Commission to report within forty-five (45) calendar days (excluding City-recognized holidays) after the referral shall be deemed a recommendation to approve and the application, as amended, shall be returned to Council for adoption.

   E.   Action by City Council shall be final. (Ord. 2024-001, 9-10-2024)

Following the denial of an application submitted and processed in accordance with this Chapter, no application for the same or substantially the same change shall be filed within twelve (12) months of the date of denial of the application. (Ord. 2024-001, 9-10-2024)

   A.   All officials, departments, and employees of the City vested with the authority or duty to issue permits, certificates, or licenses, shall comply with the provisions of this Article and shall issue no permit, certificate, or license which conflicts with the provisions of this Zoning Code. Any permits, certificates, or licenses issued in conflict with the provisions of this Zoning Code shall be void.

   B.   Before issuing a business license for any new business or for a new location for any existing business activity, the Community Development Director or their designee, or other authorized licensing official within the Community Development Department, shall issue a Zoning Clearance. (Ord. 2024-001, 9-10-2024)

   C.   In accordance with the provisions of Penal Code Section 836.5, the Community Development Director, and all others authorized by the Director, shall have the power of arrest and citation as described in Penal Code Section 836.5 and Chapter 5C (commencing with Section 853.6) with regard to any violation of the provisions of Title 9 (Building Regulations) of the City Code pertaining to building regulations and the provisions of California State law pertaining to the Uniform Building Code, National Electrical Code, Uniform Plumbing Code, all primary and secondary codes thereto, Uniform Mechanical Code, Uniform Housing Code and Uniform Code for the Abatement of Substandard or Dangerous Buildings, plus provisions of this Title 10 (Zoning Regulations) pertaining to zoning and Title 11 (Subdivision Regulations) pertaining to subdivisions and other divisions of land. These powers shall be exercised in accordance with the provisions of California law pertaining to citation authority for these purposes; provided however, the Director shall not have any other power to take persons into custody except for the purpose of exercising restraint of any person who fails or refuses to execute a written promise to appear and then only until such time as the assistance of a police officer or other peace officer can be obtained; and provided further, the provisions hereof do not create any other peace officer status or authority on the Director except as described in this Chapter. (Ord. 2024-001, 9-10-2024)

      2.   In enacting resolutions establishing and imposing such development impact fees, the City Council shall establish the specific amount of the fee, describe the benefit and impact area on which the development impact fee is imposed, list the specific public improvements to be financed, describe the estimated cost of the facilities, describe the reasonable relationship between the fees and the various types of developments, and establish the time for payment.

      3.   The City Council may further provide by resolution that specific limitations will apply to reductions, adjustments, waivers or deferrals of development impact fees, and the City Council may, in such resolution, establish such specific limitations.

      4.   Such resolutions shall be adopted in accordance with the provisions of Government Code Chapter 5, Division 1 of Title 7 (commencing with Section 66000).

      5.   With regard to storm drain facilities impact fees, no less than fifty percent (50%) of such current impact fees collected by the City shall be spent on projects that specifically result in Kings River water being recharged to the aquifer underlying the City. Recharge shall take place at location(s) no farther than three miles from the City limits, unless approved by any applicable government agency(ies). Unless otherwise required to do so by law, the City shall not decrease the amount of storm drain facilities impact fees below the amount reflected in the applicable development impact fee schedule. The City shall maintain this practice in full force and effect until the first of either of the following occurs:

         a.   The City achieves overall groundwater sustainability; or

         b.   The groundwater sustainability agency of which the City is a member has an approved plan to achieve sustainability.

      In calculating overall groundwater sustainability, the City may include offsets for recharge, including at those locations for which development impact fees or other City funds were used to create recharge facilities whether within or outside of the current City limits. (Ord. 2024-001, 9-10-2024)

   A.   Any person violating any provision of this Zoning Code shall be guilty of a misdemeanor or, at the discretion of the City Attorney, an infraction. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this Zoning Code is committed, continued, or allowed by the person.

   B.   Any structure erected, moved, altered, enlarged or maintained and any use of a parcel contrary to the provisions of this Title shall be and is hereby declared to be unlawful and a public nuisance, and the City Attorney shall immediately institute necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure or use and restrain or enjoin the person from erecting, moving, altering or enlarging the structure or using the parcel contrary to the provisions of this Title.

   C.   All remedies provided for in this Chapter shall be cumulative and not exclusive. (Ord. 2024-001, 9-10-2024)