It is the duty of the city planning commission to ensure the proper administration of this chapter, and the commission shall have the power to establish such policies, rules and regulations not in conflict with any regulations of the city as are reasonably necessary for that purpose.

(Code 1980, § 20-1.10; Ord. No. 84-08, A 1, § 110)

(a)

The director of community development shall have the primary duty to enforce the provisions of this chapter.

(b)

If the director determines that the provision of this chapter or any condition of a permit issued under this chapter is being violated, the director shall notify the property owner and the permittee in writing, describing in reasonable detail the violation alleged to have been committed. The permittee shall have 14 days from date of mailing to correct the violation.

(c)

If the property owner or the permittee does not correct the violation the director shall give notice of revocation of the permit in writing, describing in reasonable detail the violation alleged to have been committed or to exist and shall serve the notice on the property owner or the permittee in person or by certified first class mail at the address listed in the permit application.

(d)

The property owner or the permittee may appeal the determination of the director by filing a written notice of appeal with the secretary of the planning commission no later than 30 days after the date of the notice of the revocation. At the hearing, the burden of proof shall be with the director to prove the violation by a preponderance of the evidence. The commission shall confirm, reverse or modify the director's decision. The decision shall be final unless appealed. On appeal, the decision of the commission shall be final.

(Code 1980, § 20-1.11; Ord. No. 84-08, A 1, § 111; Ord. No. 91-12, § 10)

The planning director or his representative shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection, provided that the right of entry shall be exercised only at reasonable hours. In no case shall any structure be entered in the absence of the owner or tenant or without the consent of the owner or tenant or the written order of a court of competent jurisdiction. The planning director may serve notice requiring the removal of any structure or use in violation of this chapter on the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The city attorney is authorized to institute appropriate actions for the enforcement of this chapter. The planning director may call upon the chief building official, the chief of police or their authorized agents in the enforcement of this chapter.

(Code 1980, § 20-1.12; Ord. No. 84-08, A 1, § 112)

(a)

Any person, firm, corporation or organization violating any provisions of this chapter shall be guilty of an infraction.

(b)

Any structure erected, moved, altered, enlarged or maintained and any use of a site or portion of a site contrary to the provisions of this chapter shall be and is hereby declared to be unlawful and a public nuisance, and the city attorney may 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, firm, corporation or organization from erecting, moving, altering, or enlarging the structure or using the site contrary to the provisions of this chapter.

(Code 1980, § 20-1.13; Ord. No. 84-08, A 1, § 113)

The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this chapter:

(1)

Words used in the present tense include the future tense.

(2)

Words used in the singular include the plural, and words used in the plural include the singular.

(3)

The words "shall" and "must" are mandatory; the word "may" is permissive.

(4)

The masculine shall include the feminine and neuter.

(5)

In the event that there is any conflict or inconsistency between the heading of an article, section or paragraph of this chapter and the context thereof, said heading shall not be deemed to affect the scope, meaning or intent of such context.

(6)

The word "oath" shall include affirmation.

(Code 1980, § 20-1.14; Ord. No. 84-08, A 1, § 114)

(a)

The term "city" shall mean the City of Ridgecrest, California. The terms "city council" and "council" shall mean the city council of the City of Ridgecrest. The terms "planning commission" and "commission" shall mean the planning commission of the City of Ridgecrest, California, duly appointed by the city council. The terms "city clerk," "city engineer," "city manager," "chief building official" and "planning director" means the city clerk, city engineer, city manager, chief building official and director of planning and community development, respectively, of the City of Ridgecrest.

(b)

The term "secretary" shall mean the secretary to the planning commission duly appointed by the city council. The term "zone map" shall mean the officially adopted zone map in accordance with article III of this chapter.

(Code 1980, § 20-1.15; Ord. No. 84-08, A 1, § 115)

(a)

The city council shall, from time-to-time, establish fees for the cost of reviewing each application for a permit or entitlement to use as set forth in this chapter including all costs incurred by staff, the planning commission and council to review applications, and appeals and to provide legally required notices and other necessary reports and recommendations. Such fees shall also be adequate to recover the cost, if any, of conducting the environmental review associated with the permit or entitlement for use.

(b)

Director of community development may establish fees for miscellaneous services and materials not set by council action provided the director shall establish no fee in excess of the cost of providing the service or material for which the fee is levied and provided further the director shall submit a report to the council at least 20 days before the effective date of the fee. The fee shall not be effective if the city council disapproves.

(Code 1980, § 20-29; Ord. No. 87-08, § 2)

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 chapter and shall issue no permit, certificate or license which conflicts with the provisions of this chapter. Any permit, certificate or license issued in conflict with the provisions of this chapter shall be void.

(Code 1980, § 20-28.1; Ord. No. 84-08, A 28, § 2801)

(a)

It shall be the duty of the planning director or his authorized representative, and any other officers of the city charged by law with the enforcement of the provisions of this chapter to enforce this chapter and all of its provisions.

(b)

All departments, officials and public employees of the city who are vested with the duty and authority to issue licenses and permits when required by law shall conform to the provisions of this chapter.

(Code 1980, § 20-28.1; Ord. No. 84-08, A 28, § 2802)

(a)

Any person, firm, corporation or organization violating any provision of this chapter shall be guilty of an infraction.

(b)

Any structure erected, moved, altered, enlarged or maintained and any use of a site contrary to the provisions of this chapter, or as otherwise unlawfully created prior to the effective date of the ordinance from which this chapter is derived, 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, firm, corporation or organization from erecting, moving, altering, or enlarging the structure or using the site contrary to the provisions of this chapter.

(Code 1980, § 20-28.3; Ord. No. 84-08, A 28, § 2803)

Except as otherwise provided in this chapter or chapter 105 or required by state law, appeals may be taken only by:

(1)

Citizens affected by such decision;

(2)

Property owners or a group of property owners affected by such decision;

(3)

Any governmental agency or other entity owning property which may be affected by such decision; or

(4)

The city council.

(Code 1980, § 20-28.4; Ord. No. 92-09, § 7)

(a)

Whenever the provisions of this chapter or chapter 105 delegate the authority to carry out any of the provisions of this chapter to any city officer or employee, the decision of such person shall be final, subject to appeal to the planning commission. A written appeal must be filed with the community development director within ten calendar days of the date that the notice of the decision from the authorized individual was given to the applicant.

(b)

The appeal shall state why the decision appealed from is not in accord with the purposes of this chapter, and shall describe an error or an abuse of discretion. The appeal shall also set forth the requested relief.

(c)

The planning commission shall consider the appeal at a public hearing and approve, conditionally approve, or deny the appeal. Notice of the time and place of said hearing shall be given at least ten calendar days before the hearing.

(Code 1980, § 20-28.6; Ord. No. 92-09, § 8)

(a)

The decisions of the planning commission may be appealed to the city council. The appeal shall be filed with the city clerk within ten calendar days of the date of the planning commission's decision. No appeals to the city council may be taken by any person or entity not appearing either in person or in writing before the planning commission.

(b)

The appeal shall state why the decision appealed from is not in accord with the purposes of this chapter, and shall describe an error or an abuse of discretion. The appeal shall also set forth the requested relief.

(c)

Except as required by Government Code § 65856, the city council may, without public hearing, approve the action of the planning commission and deny the appeal. If the city council decides to accept the appeal and review the action taken by the planning commission, the city council shall affirm, reverse, or modify the decision of the commission at a regular meeting. Notice of the time and place of said hearing shall be given at least ten calendar days before the hearing in the same form as that required for appeals to the planning commission.

(Code 1980, § 20-28.6; Ord. No. 92-09, § 9)

In certain districts, as specified in this chapter, conditional uses may be authorized by the granting of a use permit. Because of their special characteristics, conditional uses require extraordinary consideration to minimize possible adverse impact upon surrounding properties. In order to give the district flexible use regulations that are necessary to achieve the objectives of this chapter, the planning commission is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits.

(Code 1980, § 20-21.1; Ord. No. 84-08, A 21, § 2101)

The planning commission may grant or deny use permits for conditional uses in such districts as are prescribed in the regulations for each district in this chapter with the procedures prescribed in this division.

(Code 1980, § 20-21.2; Ord. No. 84-08, A 21, § 2102)

Application for a use permit shall be made to the secretary of the planning commission on a form prescribed by the commission which shall include the following data:

(1)

Name, address and signature of the property owner.

(2)

Statement that the applicant is the owner of the property or is the authorized agent of the owner.

(3)

Address and legal description of the property.

(4)

A concise statement setting forth the precise circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right, together with all data pertinent to the findings prerequisite to the granting of a use permit.

(5)

The complete application, together with the information that may be required by the planning commission to make the necessary findings, shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application as prescribed in this division. If the application is incomplete, the application shall be returned to the applicant.

(6)

In the event that an application for a conditional use permit requires the concurrent approval of other development plans, the plans shall be processed in accordance with other requirements as set forth in this Code.

(Code 1980, § 20-21.3; Ord. No. 84-08, A 21, § 2103)

(a)

The planning commission shall hold a public hearing on each application for a conditional use permit. Notice of the public hearing shall be given by the secretary of the commission as follows:

(1)

Notice shall be mailed or delivered to the owner of the property or the owner's duly authorized agent and to the project applicant;

(2)

Notice shall be mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected;

(3)

Notice shall be mailed or delivered to all owners of real property shown on the last equalized assessment rolls within 300 feet of the subject property; and

(4)

The notice shall either be published once in a newspaper of general circulation within the city or posted in at least three public places in the city including one public place in the area directly affected by the proceeding.

a.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant.

b.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

c.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the planning commission may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection c or subsection (a)(4)a of this section is greater than 1,000, the planning commission, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least ten days prior to the hearing.

d.

If the notice is mailed or delivered pursuant to subsection (a)(4) of this section, the notice shall also either be:

1.

Published pursuant to Government Code § 6061 in at least one newspaper of general circulation within the city.

2.

Posted at least ten days prior to the hearing in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

(b)

The notice shall include the information specified in Government Code § 65094.

(c)

In addition to the notice required by this section, the planning commission may give notice of the hearing in any other manner it deems necessary or desirable.

(d)

Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit.

(Code 1980, § 20-21.4; Ord. No. 84-08, A 21, § 2104; Ord. No. 85-20, § 4)

State Law reference— Similar provisions, Government Code §§ 65091, 65905.

At the public hearing, the planning commission shall review the application and the statement and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in section 106-131.

(Code 1980, § 20-21.5; Ord. No. 84-08, A 21, § 2105)

The secretary of the planning commission shall make an investigation of the application as to its compliance with section 106-127 and shall prepare a report thereon which shall be submitted to the planning commission. Such report shall include a recommendation as to the action to be taken by the commission and a statement supporting such recommendation. The secretary of the planning commission shall give written notice to the applicant of the time when the application will be considered by the planning commission.

(Code 1980, § 20-21.6; Ord. No. 84-08, A 21, § 2106)

The planning commission may approve an application for a conditional use permit as applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes all of the following findings:

(1)

That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to or inharmonious with properties or improvements in the vicinity.

(2)

That there are circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right.

(3)

That the proposed location of the conditional use is in accordance with the objectives of this zoning chapter and the purposes of the district in which the site is located.

(Code 1980, § 20-21.7; Ord. No. 84-08, A 21, § 2107)

A use permit may either be revocable or be approved for a limited time period, or may be approved subject to such conditions as the commission may prescribe. The commission also may deny an application for a use permit.

(Code 1980, § 20-21.8; Ord. No. 84-08, A 21, § 2108)

A use permit shall be effective five working days following the date on which the use permit is granted. The approved use permit with any conditions shown thereon or attached thereto, shall be dated and signed by the secretary to the planning commission. One copy of said use permit and conditions shall be mailed to the applicant.

(Code 1980, § 20-21.9; Ord. No. 84-08, A 21, § 2109)

(a)

An applicant, the city, or any concerned property owner or resident may appeal, in writing, a decision of the planning commission if the applicant, property owner or resident is of the opinion that the commission's decision does not conform to city policies and standards. The appeal shall be accompanied by an appropriate fee as set by the city council.

(b)

Such appeal of a planning commission decision must be filed within five working days following the commission decision. The secretary of the commission shall then transmit to the city clerk the use permit application and all other data filed therewith, the minutes of the public hearing, the staff report, the findings of the commission and its decision on the application.

(c)

The council shall review the decision of the planning commission not sooner than 45 days nor later than 90 days after receipt of the written appeal. The record on appeal shall consist of the evidence presented to the planning commission and additional evidence the council deems relevant. The council shall affirm, reverse or modify the commission's decision or remand the matter to the commission for further proceedings. Findings shall be prepared if the council reverses or modifies the decision or affirms the decision on grounds other than those stated by the commission.

(Code 1980, § 20-21.10; Ord. No. 84-08, A 21, § 2110; Ord. No. 86-35, § 1)

Before a building permit may be issued for any building or structure proposed as part of the approved conditional use permit application, the building official shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions approved by the planning commission and/or city council. For this purpose, the applicant shall stake the property lines deemed necessary by the building official. Before a building may be occupied, the building official shall certify to the planning agency that the site has been developed in conformity with the site plan and conditions approved by the planning commission or the city council.

(Code 1980, § 20-21.11; Ord. No. 84-08, A 21, § 2111)

A use permit shall lapse and become void one year following the date on which the permit became effective unless, by conditions of the use permit, a lesser or greater time is prescribed in accordance with section 106-137, or unless prior to the expiration of one year, 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 use permit application. A use permit may be renewed for an additional period of up to one year provided that, prior to the expiration of the time period granted, an application for renewal of the use permit is filed with the planning commission. The commission may grant or deny an application for renewal of a use permit.

(Code 1980, § 20-21.12; Ord. No. 84-08, A 21, § 2112)

The planning commission may establish a lesser or greater time limit than that provided by section 106-136 within which the subject property and use or any stage or phase thereof shall be commenced and completed. The time limits set by the planning commission shall be reasonable, based on the size, nature and complexity of the proposed development.

(Code 1980, § 20-21.13; Ord. No. 84-08, A 21, § 2113)

(a)

A conditional use permanently and legally established prior to enactment of this chapter shall be permitted to continue and may be either a conforming use or a nonconforming use.

(b)

A conditional use permit (CUP) granted under the provisions of the county zoning ordinance and supplementary provisions thereto prior to the enactment of this chapter shall, upon the annexation of the property affected to the city, become null and void at the end of one year following the date of its original approval or extension thereof granted by the county prior to the annexation and shall thereafter be classified as a nonconforming use or be the subject of a new CUP application.

(c)

A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of this chapter if the structure is destroyed by fire or other calamity or by an Act of God or by public enemy to the extent of 75 percent of more. The extent of such partial destruction shall be determined by the building official.

(d)

An accessory structure added to a conditional use may be administratively approved by the planning director.

(Code 1980, § 20-21.14; Ord. No. 84-08, A 21, § 2114)

Upon violation of any applicable provisions of this chapter, or failure to comply with the conditions of approval, a use permit shall be suspended. Notice of such suspension shall then be sent immediately by the secretary of the planning commission to the holder of the use permit with a copy thereof to the city council. Within 30 days of the suspension, the city council shall consider the suspension. If not satisfied that the regulations, general provisions, conditions or conditions of approval are being substantively complied with, the city council shall revoke the use permit and take such appropriate action as may be necessary to ensure compliance with the regulations, general provisions and conditions of approval. The secretary of the planning commission shall notify the applicant in writing of the city council's decision. Upon notification of suspension, the holder of the use permit shall cease all activities on the property which are subject to the use permit.

(Code 1980, § 20-21.15; Ord. No. 84-08, A 21, § 2115)

A use permit shall be indicated on the appropriate zoning map by a number located on the site of the conditional use (e.g. CUP 81-5).

(Code 1980, § 20-21.16; Ord. No. 84-08, A 21, § 2116)

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same site shall be filed within one year from the date of denial or revocation of the use permit.

(Code 1980, § 20-21.17; Ord. No. 84-08, A 21, § 2117)

A use permit granted pursuant to the provisions of this section may run with the land and may continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application, or those which, by their terms, are not made permanent.

(Code 1980, § 20-21.18; Ord. No. 84-08, A 21, § 2118)

No use for which a conditional use permit has been applied for shall exceed the residential density criteria as specified in the general plan. For example, the low-density residential criteria of the general plan allows no more than six units per gross acre. The only exception to this section is when an applicant applies for and is granted a conditional use permit for a mobilehome park as regulated by section 106-322.

(Code 1980, § 20-21.19; Ord. No. 84-08, A 21, § 2119)

The purpose of a site plan review is:

(1)

To ensure that the projects listed in section 106-171 conform to the general plan and all applicable Code provisions of the city and state;

(2)

To maintain and encourage high standards of development; and

(3)

To provide the applicant with an informative review to assist in the efficient and coordinated processing of projects consistent with city standards and requirements.

(Code 1980, § 20-22.1; Ord. No. 84-08, A 22, § 2201; Ord. No. 86-29, § 1)

These projects shall not be considered for approval or permit until a site plan review has been completed:

(1)

Conceptual development plans.

(2)

Preliminary development plans required by section 106-334.

(3)

Municipal reorganizations and annexations.

(4)

Specific plans.

(5)

Tentative maps.

(6)

Parcel maps.

(7)

Precise development plans required by section 106-335.

(8)

Conditional use permit applications where new buildings or substantial alterations are proposed.

(9)

Conversion of residential structures to commercial or industrial uses.

(10)

Any proposed new development, a building, or substantial alteration within a zoning district that requires a site plan review.

(Code 1980, § 20-22.2; Ord. No. 86-29, § 2; Ord. No. 92-07, § 3)

Site plans for staff review shall be submitted to the director of community development in a number the director determines necessary to facilitate staff review. All site plans shall be on folded sheets of a minimum 8½ inches by 11 inches size to a maximum 24 inches by 36 inches size and shall be at an easily readable scale.

(1)

All submittals shall include the following information:

a.

Name, address, and telephone number of the property owner.

b.

Name, address, and telephone number of the property developer.

c.

Name, address, and telephone number of the person preparing the plan.

d.

North arrow oriented to top of plan sheet.

e.

Scale.

f.

Vicinity map showing site location.

g.

Property lines of the entire legal parcels.

h.

Delineations of any easements on the property.

i.

Names of adjacent streets and intersections.

j.

Width of adjacent streets and alleys.

k.

Legal description of the subject property.

l.

Street address of the subject property (if assigned).

m.

Zoning designation of the subject property and surrounding properties.

n.

Existing land uses of the site and surrounding properties.

o.

Area of the subject property.

(2)

Projects described in section 106-171(5) through (9) shall also include the following:

a.

Street and/or alley dedications, if applicable.

b.

All existing and proposed public improvements within adjacent streets and alley rights-of-way (curb, gutter, sidewalk, street lights, parkways, fire hydrants, power poles, water lines, gas lines, sewer lines, telephone lines, etc.).

c.

Existing and proposed public rights-of-way within the subject property.

d.

Existing or proposed easements within or immediately outside the site.

e.

Location of on-site and off-site drainage facilities.

f.

Area of each parcel (gross and net).

g.

Physical features on the property and immediately adjacent to property lines (fences, walls, power poles, buildings, slopes, etc.).

(3)

Projects described in section 106-171(8) through (10) shall also include the following:

a.

Location of all buildings (main and accessory), fences and/or walls, paved areas and landscape areas, and all shall be labeled as either existing or proposed.

b.

Percentage of area covered by buildings, landscaping and pavement on each parcel.

c.

Location of existing and proposed on-site water lines, sewer lines, septic tanks and fire hydrants.

d.

Type of construction per the state building standards code.

e.

Height and number of stories of all buildings and structures.

f.

Dimensions from buildings to property lines and to other buildings or structures on the property.

g.

Uses of all buildings (existing and proposed) and areas on the property.

h.

Exterior building materials including materials of fences, walls and accessory structures.

i.

Off-street parking including dimensions of individual parking spaces, internal circulation pattern for pedestrian and vehicular traffic, wheel stops and type of surfacing proposed.

j.

Driveway widths.

k.

Computation of total parking required per use on each parcel and identification of total number of spaces provided (covered and uncovered indicated separately) on each parcel by type (e.g.: normal stall size, compact stall, stall for persons with disabilities).

l.

Computation of landscape areas required and the square footage of areas proposed for landscaping.

m.

Location of landscaping including existing and proposed trees, shrub masses and ground cover area.

n.

Loading spaces including dimensions.

o.

Estimated quantities of earth to be moved.

p.

Direction of drainage flow with slope in percentage.

q.

Signs including area, location, height, illumination and mechanical movement.

r.

On-site lighting.

s.

Trash enclosures.

t.

Location of outdoor storage areas.

u.

Exterior architectural projections.

v.

Location of all entrances.

w.

Location of mechanical equipment and proposed screening.

x.

Proposed swimming pools, patios and/or recreation areas.

(4)

The director of community development may require additional information or materials when necessary to accurately and adequately review a specific project. The director of community development may waive any information described above upon determination that it is not relevant to the review. Any decision made by the director pursuant to this section shall include a written justification which shall become part of the project record and accompany the application before the planning commission.

(Code 1980, § 20-22.3; Ord. No. 86-29, § 3; Ord. No. 92-07, § 4)

(a)

The director of community development, directed by city staff, and such utility service representatives as may be available shall, within 21 working days after completion of filing, conduct a review of the submitted project. The applicant shall be invited to attend the review meeting.

(b)

The director of community development shall, within 15 working days after the review, prepare and mail to the applicant a site plan review letter summarizing the Code requirements and recommendations of staff.

(Code 1980, § 20-22.4; Ord. No. 86-29, § 4)

Fees, established by resolution of the city council, shall be paid by the applicant at the time of filing or appeal, to defray costs incurred by the city related to the application or appeal.

(Code 1980, § 20-22.5; Ord. No. 86-29, § 5)

The applicant may appeal any of the conditions set forth in the director's letter of determination by filing a written request for review with the planning commission within 30 calendar days of the date of the director's letter. Such appeal must be made in writing, shall stipulate the points of disagreement, shall be accompanied by a sufficient number of copies of the plan to facilitate commission review.

(Code 1980, § 20-22.6; Ord. No. 86-29, § 6)

A subsequent site plan review application shall be required prior to issuance of building permits or commission consideration if more than 18 months have lapsed since any prior site plan review for an uncompleted project or if the applicant revises the proposed project in such a way as to materially change the requirements as determined by the director.

(Code 1980, § 20-22.7; Ord. No. 86-29, § 7)

Site plan review shall not be construed to vest or grant any development right. Should legal requirement changes occur subsequent to any site plan review, the changes will be incorporated into any building permits issued on the project or any commission actions.

(Code 1980, § 20-22.8; Ord. No. 86-29, § 8)

The planning commission is hereby empowered to grant variances in order to lessen practical difficulties and unnecessary hardships inconsistent with the objectives of the zoning ordinance (this chapter) which would result from a strict or literal interpretation and enforcement of the regulations prescribed by this chapter. A practical difficulty or unnecessary physical hardship may result from the existing size, shape or dimensions of a site or the location of existing structures thereon from geographic, topographic or other physical conditions on the site or in the immediate vicinity, or from population densities, street locations or traffic conditions in the immediate vicinity. The power to grant variances shall not extend to use regulations.

(Code 1980, § 20-24.1; Ord. No. 84-08, A 24, § 2401)

The planning commission may grant variances to the regulations prescribed by this chapter with respect to fences and walls, site area, width, frontage, depth, coverage, front yard, rear yard, side yards, height of structures, distances between structures, off-street parking facilities and off-street loading facilities, in accordance with the procedure prescribed in this division.

(Code 1980, § 20-24.2; Ord. No. 84-08, A 24, § 2402)

Application for a variance shall be made to the planning commission, accompanied by a fee as set by the city council, on a form prescribed by the planning commission which shall include the following data:

(1)

Name and address of the applicant;

(2)

Signature of the owner and a statement that the applicant is the owner of the property or is the authorized agent of the owner;

(3)

Address and legal description of the property;

(4)

A concise statement of the precise nature of the variance requested, showing the practical difficulty or unnecessary physical hardship that is inconsistent with the objectives of the zoning ordinance (this chapter), together with any other data pertinent to the findings prerequisite to the granting of a variance prescribed in section 106-214;

(5)

The application shall be accompanied by a site plan which shall comply with the provisions of division 4 of this article;

(6)

The application shall be filed with the secretary of the planning commission and shall be considered by the planning commission within 60 days following the filing date. The secretary of the planning commission shall give notice to the applicant of the time when the application will be considered, and he may give notice of the time to any other interested party.

(Code 1980, § 20-24.3; Ord. No. 84-08, A 24, § 2403)

The planning commission shall hold a public hearing in accordance with the provisions of sections 106-128 and 106-129.

(Code 1980, § 20-24.4; Ord. No. 84-08, A 24, § 2404)

At a public hearing, the planning 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 section 106-214.

(Code 1980, § 20-24.5; Ord. No. 84-08, A 24, § 2405)

The secretary to the planning commission shall make an investigation and shall prepare a report thereon in accordance with the provisions of section 106-130.

(Code 1980, § 20-24.6; Ord. No. 84-08, A 24, § 2406)

(a)

The planning commission may grant a variance to a regulation prescribed by this division as applied for or in a modified form, if, on the basis of the application, investigation and evidence submitted, the commission makes all the following findings:

(1)

That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning ordinance (this chapter).

(2)

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties classified in the same zoning district.

(3)

That strict or literal interpretation and enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.

(4)

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district.

(5)

That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(b)

The planning commission may grant a variance to a regulation prescribed by this division with respect to off-street parking facilities or off-street loading facilities as the variance was applied for or in modified form, if, on the basis of the application, investigation and the evidence submitted, the commission makes the findings prescribed in subsection (a) of this section and the following additional findings:

(1)

That the granting of the variances 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.

(2)

That the granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of the zoning ordinance (this chapter).

(c)

A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the planning commission may prescribe. The planning commission may deny a variance application.

(d)

A variance shall become effective upon the expiration of five working days following the date on which the variance was granted unless an appeal has been taken to the city council in accordance with section 106-134.

(Code 1980, § 20-24.7; Ord. No. 84-85, A 24, § 2407; Ord. No. 86-06, § 38)

A variance shall lapse and shall become void one year following the date on which the variance becomes effective unless, by conditions of the variance, a greater time is allowed, or unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the site, or the permit or entitlement is executed which was the subject of the variance application.

(Code 1980, § 20-24.8; Ord. No. 84-08, A 24, § 2408)

Following the denial of a variance application, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial of the variance application or revocation of the variance.

(Code 1980, § 20-24.9; Ord. No. 84-08, A 24, § 2409)

As the general plan of the city is put into effect over the years, there will be a need for changes in district boundaries and other regulations of this chapter so as to accomplish the purpose and intent of this chapter. As the general plan is reviewed and revised periodically, other changes in the regulations of this chapter may be warranted. Such amendments shall be made in accordance with the procedure prescribed in this section.

(Code 1980, § 20-25.1; Ord. No. 84-08, A 25, § 2501)

(a)

A change in the boundaries of any district may be initiated, if consistent with the general plan, by the city, an owner of the property or a majority of the property owners within the area for which a change of district boundaries is proposed, or the authorized agent of the owner.

(b)

A change in boundaries of any district, or a change in district regulations, general provisions, exceptions, or other provisions of this chapter may also be initiated by action of the planning commission or city council.

(Code 1980, § 20-25.2; Ord. No. 84-08, A 25, § 2502)

A property owner or his authorized agent desiring to change the zoning district boundaries in which his property is located shall file an application on a form prescribed by the secretary, which shall include the following data:

(1)

Name and address of the applicant.

(2)

Signature of the owner and a 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)

Address and legal description of the property.

(4)

The application shall be accompanied by a drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site, showing the location of the streets and property lines which are the subject of the zone change request.

(5)

The application shall be accompanied by a fee set by a resolution of the city council.

(Code 1980, § 20-25.3; Ord. No. 84-08, A 25, § 2503)

The planning commission shall hold a public hearing on each application for a change of district boundaries or district regulations, general provisions, exceptions or other provisions of this chapter within 60 days of the date when the application is filed and complete. Notice of public hearing shall be given by the secretary of the planning commission as follows:

(1)

If the amendment does not affect the permitted uses of real property, notice shall be published pursuant to Government Code § 6061 in at least one newspaper of general circulation within the city at least ten days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least ten days prior to the hearing in at least three public places within the jurisdiction of the local agency. The notice shall include the information specified in Government Code § 65094. In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable. Whenever the city considers the adoption or amendment of policies or ordinances affecting drive-through facilities, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation.

(2)

If the amendment does affect the permitted uses of real property:

a.

Notice shall be mailed or delivered to the owner of the property or the owner's duly authorized agent and to the project applicant;

b.

Notice shall be mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected;

c.

Notice shall be mailed or delivered to all owners of real property shown on the last equalized assessment rolls within 300 feet of the subject property; and

d.

The notice shall either be published once in a newspaper of general circulation within the city or posted in at least three public places in the city including one public place in the area directly affected by the proceeding.

1.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant.

2.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

3.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the planning commission may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection (2) or subsection (1) of this section is greater than 1,000, the planning commission, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least ten days prior to the hearing.

4.

If the notice is mailed or delivered pursuant to subsection (2)d.3 of this section, the notice shall also either be:

(i)

Published pursuant to Government Code § 6061 in at least one newspaper of general circulation within the city at least ten days prior to the hearing.

(ii)

Posted at least ten days prior to the hearing in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

e.

The notice shall include the information specified in Government Code § 65094.

f.

In addition to the notice required by this subsection, the city may give notice of the hearing in any other manner it deems necessary or desirable.

(Code 1980, § 20-25.4; Ord. No. 84-08, A 25, § 2504; Ord. No. 85-20, § 5)

State Law reference— Similar provisions, Government Code §§ 65090, 65091, 65854.

The secretary to the planning commission shall make an investigation of an application and shall prepare a report thereon which shall be submitted to the planning commission, including a recommendation as to the action to be taken by the commission and a statement supporting such recommendation.

(Code 1980, § 20-25.5; Ord. No. 84-08, A 25, § 2505)

(a)

At the public hearing the planning commission shall review the application or the proposal and may receive pertinent evidence as to why and how the proposed change is necessary to achieve the objectives of this chapter, and how or why the proposed change is consistent with the stated purposes and goals of the general plan, and for the zone classification proposed.

(b)

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 light of the fact that, under the provisions of this division, a change in district boundaries can be made conditionally.

(Code 1980, § 20-25.6; Ord. No. 84-08, A 25, § 2506)

(a)

Within 30 days following the completion of the public hearing, the planning commission shall make a specific finding in writing as to whether the change in district boundaries is required to achieve the objectives of this chapter and whether the change would be consistent with the purposes and intended application of the zone classification proposed. The commission shall either approve and recommend the enactment of the proposed amendment, and where appropriate, require contractual commitment and surety bonding to satisfy specified conditions, disapprove it, or recommend an alternative zoning district more restrictive than that proposed. The recommendation for each alternative zoning district shall constitute a disapproval of the district amendment originally proposed.

(b)

If the zone change or text amendment is approved by the planning commission, the commission shall transmit a report to the city council recommending that the application be granted, including a written statement of the reasons for the recommendation together with one copy of the application, resolution of the commission, all other data filed therewith, the minutes of the public hearing, and the report of the secretary to the planning commission. If the commission denies and recommends against the rezone application, the city council shall not be required to take further action unless appealed by the applicant or aggrieved party. Any aggrieved party may appeal the decision of the planning commission in accordance with section 106-134.

(Code 1980, § 20-25.7; Ord. No. 84-08, A 25, § 2507)

(a)

Whenever an application is filed with the planning commission for a change in district boundaries, the planning commission or city council, in lieu of granting or denying said application, may grant to the applicant a conditional zoning exception which will permit said applicant (or his assignee) to develop or use said property in accordance with said application and the provisions of this subsection.

(b)

In filing an application, the applicant may request that the application be considered as a request for a conditional zoning exception.

(c)

If a change in zoning district boundaries is made conditional upon certain events taking place or conditions being fulfilled by the applicant, such events and conditions thus imposed upon the rezoning application must be made to fulfill public needs reasonably expected to result from the allowable uses and/or development of the property or to avoid circumstances adverse to the public health, safety, convenience or welfare. Such conditions shall relate to the special problems of the property if rezoned, such as vehicular or pedestrian access and traffic, grading or topography, drainage, water, sewer and other infrastructure utilities or the proposed physical developments affecting nearby properties.

(d)

Before a conditional zoning exception may be approved by the planning commission or granted by the city council, the commission or council may require the applicant to submit additional information relative to his proposal in the manner required in the filing of an application for a conditional use permit and site plan review.

(e)

The planning commission may approve and the city council may grant a conditional zoning exception subject to any of the conditions prescribed in division 3 or 4 of article II of this chapter.

(f)

Upon being granted a conditional zoning exception by the city, the applicant shall develop his property in accordance with applicable approved plans and conditions imposed under the provisions of this subsection and within a time fixed by the city council in granting said exception, or within one year from the date of the granting of the exception where another time is not fixed by the council, or with any extension of said period that may be granted when requested by the applicant.

(g)

Upon the development and use of property in accordance with the provisions of subsection (d) of this section, the district or part thereof for which the conditional zoning exception was granted shall thereupon the considered rezoned and established in accordance with the original application, or as set forth in the order made by city council at the time said zoning exception was granted.

(h)

In the event the applicant (or his assignee) fails to develop and use his property in accordance with the provisions of subsection (d) of this section, the application will be deemed to be in violation of the provisions of the zoning regulations.

(Code 1980, § 20-25.9; Ord. No. 84-08, A 25, § 2509)

A change in a district boundary shall be indicated on the zone plan map with a notation of the date and number of the ordinance amending the plan.

(Code 1980, § 20-25.10; Ord. No. 84-08, A 25, § 2510)

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 one year of the date of denial of the application.

(Code 1980, § 20-25.11; Ord. No. 84-08, A 25, § 2511)