San Juan Bautista, CA Zoning Ordinance

§ 11-17-010 General submittal requirements.

Any person may apply to the Planning Department, in writing, for approval of a sign permit, design review permit, use permit, variance, zoning or General Plan amendments affecting the permitted uses of real property, PUD, tentative map, temporary use of land permit or appeals, modifications or revocations thereof. Such application shall be on a form prescribed for that purpose by the City Manager or designee and, if not submitted by the owners of the relevant property, shall include the written consent of the owner of the property on which the use or structure is to be located. The application shall be accompanied by a fee or deposit, as specified by resolution as well as documentation, as specified by the City Manager or designee, indicating the details of the proposed, new, or expanded use of a site and each new or expanded structure.

§ 11-17-020 Notice of hearing.

Notice of the date, time and place of public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing of a design review permit, use permit, variance, zoning or General Plan amendments affecting the permitted uses of real property, PUD, tentative map, temporary use of land permit or appeals, modifications or revocations thereof, by the Planning Commission or by the City Council shall be given at least ten (10) calendar days before the hearing in the following manner:

(A)

By mailing the notice, postage prepaid, 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; and

(B)

By mailing the notice, postage prepaid, to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet (300') of the property which is the subject of proposed use permit or variance; and

(C)

By publishing the notice at least one (1) time in a newspaper of general circulation published and circulated in the City or where no newspaper of general circulation is published within the City, then in a newspaper of general circulation nearest to the City or by posting the notice at the following four (4) public places:

(1)

On the bulletin board of the City Hall at 311 Second Street;

(2)

On the bulletin board of the City Library at 801 Second Street;

(3)

On the bulletin board at the United States Post Office at 301 The Alameda; and

(4)

Within the area directly affected by the proceeding.

§ 11-17-030 Withdrawal of application.

An applicant may withdraw his/her application within five (5) calendar days of submittal and receive a refund of any unexpended portion of the application fee. Any refund of application fees for an application withdrawn later than five (5) calendar days after the date of submittal will be made at the discretion of the City Manager or designee, based on the costs accrued for any processing activities that occurred after the fifth day.

§ 11-17-040 Permit expiration.

All approvals granted pursuant to this Title shall expire one (1) year from the date of approval, except as otherwise established by ordinance and those kept valid by issuance and continuation of a building permit. This Section shall not apply to final subdivision maps, parcel maps or plats, in which case the original decision-making body on the tentative map may extend an approval for a period not to exceed eighteen (18) months.

§ 11-17-050 Revocation of permits.

Any permit granted in accordance with the provisions of this Chapter may be revoked by the City Council in the manner hereinafter set forth if the said permit or variance is exercised in violation of the conditions or the terms under which such permit or variance is granted, or if the following findings are made:

(A)

In connection with site plan permits, use permits, and temporary use of land permits and similar permits that the continuance of the use would be detrimental to the health, safety, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City;

(B)

In connection with exceptions and variances, that continued relief from the strict application of the terms of this Title would be detrimental to the health, safety, comfort or general welfare of persons residing or working in the neighborhood of the subject property, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City.

§ 11-17-060 Revocation hearing – Notice to owner.

Before the City Council considers the revocation of a use permit, variance or other approval, it shall hold a public hearing thereon, notice of which shall be served on the owner of the subject property at least ten (10) days prior to the date of the hearing, either personally or by registered or certified mail, with postage prepaid and return receipt requested. At the conclusion of the hearing, the City Council shall make findings of fact as to whether or not there is good cause for such revocation. If it finds that such good cause does exist, it may revoke or modify the permit approval or variance. Action taken by the City Council under the provisions of this Section shall be final.