This Chapter defines the authority and responsibility of City staff and official bodies in the administration of this Title and in compliance with Chapter 11-6-1 (Permit Processing-General Provisions). (Ord. 2024-6, 6-17-2024)

As provided by State law, the Commission is designated as the planning agency and as the advisory agency, when required or authorized. The Director or designee shall perform the functions of an advisory agency, as assigned, in compliance with State law. (Ord. 2024-6, 6-17-2024)

The Council shall perform the duties and functions prescribed in this Title, which include the following:

   (A)   Review Authority On Specified Planning Matters: Final decisions on Development Agreements, General Plan Amendments, Specific Plans, Zoning Map/Code Amendments, and other applicable environmental documents, policy, or ordinance matters related to the City's planning process; and

   (B)   Appeals: The Review of any appeal filed from a decision by the Commission. The functions listed above shall be performed in compliance with Chapter 11-6.1 (Permit Processing-General Provisions) and the California Environmental Quality Act (CEQA). (Ord. 2024-6, 6-17-2024)

   (A)   Duties And Authority: The director or designee:

      1.   Shall have the responsibility to perform all of the functions designated by State Law;

      2.   Shall perform the duties and functions prescribed in this Title, including the review of any administrative development project in compliance with Chapter 6 (Permit Processing), and the California Environmental Quality Act (CEQA);

      3.   Shall perform other responsibilities assigned by the Council and Commission; and

   (B)   Delegation and Supervision: The Director may delegate the responsibilities of the Director to assigned City staff under the supervision of the Director. When the Director designates a City staff person, the staff person shall perform the duties assigned by the Director, in addition to those listed in Subsection 11-7-4(A) (Duties and Authority), as appropriate to the personnel title of the designee. (Ord. 2024-6, 6-17-2024)

Effect Of Council Decision: Unless otherwise provided in the Code, the Council decision shall be final and effective and subject to a writ under Code of Civil Procedure Section 1094.5 or CEQA Section 1085 immediately upon final Council action. (Ord. 2024-6, 6-17-2024)

   (A)   Appointment: The Planning Commission , pursuant to Title II Chapter 1- Planning Commission, shall be appointed and serve in compliance with Subsection 11-7-6 of the City of Selma Municipal Code.

   (B)   Duties And Authority: The Commission shall perform the duties and functions prescribed by Title 2 (Commissions and Boards) of the City of Selma Municipal Code and this Title, including the following:

      1.   The review and final decision on development projects and related environmental documents; and

      2.   The recommendation, to the city council for final decisions, on development agreements, General Plan Amendments, Specific Plans, Zoning Map/Code Amendments, and other applicable environmental documents, policy, or ordinance matters related to the City's planning process.

      3.   The functions listed above shall be performed in compliance with Chapter 6 (Permit Processing) and the California Environmental Quality Act (CEQA). (Ord. 2024-6, 6-17-2024)

The purpose of this Chapter is to provide procedures by which changes may be made to the text of this title and to the Zoning Map whenever the public necessity and convenience and the general welfare require such amendment to maintain consistency with the General Plan.

   (A)   Applicability: The procedures in this Chapter shall apply to the following proposals:

      1.   Zoning Ordinance text amendment; A change the text of this title; zoning map amendment (rezone and prezone). An application to revise a Zoning District classification or Zoning District boundary line shown on the Zoning Map. The same application and process shall be applicable for the purpose of prezoning to establish the designation of land uses for unincorporated property adjoining the city, within the sphere of influence, prior to annexation.

      2.   Plan Amendment: A change in the text of the General Plan or any operative plan, or a change to the General Plan's planned land use designation for a site, including pre-zoning.

   (B)   Initiation: An Amendment to the text of the Zoning Ordinance, Zoning Map or General Plan may be initiated by:

      1.   Council: A resolution of intention directing the commission to initiate an amendment;

      2.   Planning Commission: A resolution of intention initiated by the planning commission;

      3.   Director: An amendment may be initiated by the Director;

      4.   Zoning Ordinance Text Amendment: An amendment to the text of the zoning code may be initiated by any qualified applicant identified in Chapter 6 (Permit Processing); or

      5.   Zoning Map Amendment: An amendment to the zoning map (i.e. rezone) may be initiated by a petition signed by no fewer than fifty (50) persons who are property owners or tenants within the City.

      6.   Plan Amendment: An amendment to the General Plan or operative plan may be initiated by any qualified applicant identified in Chapter 6 (Permit Processing). Plan Amendments include changes to text in said plans, maps, and planned land use designations.

   (C)   Application Requirements:

      1.   Application: A qualified applicant shall submit an application for a zoning amendment on a form prescribed by the Director or designee accompanied by the required fee. The Director or designee may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

      2.   Coordination With Other Applications: The Planning Division may allow any necessary applications for amendments to zoning regulations or for approval under the requirements of this title to be processed simultaneously with the proposed zoning amendment.

   (D)   Review Procedures And Public Notice:

      1.   Staff Report: The Director or designee shall prepare a report and recommendation to the planning commission on any application for a zoning amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Section 11-7-7(G), Criteria for Zoning Amendments, for approving a zoning amendment and an environmental document prepared in compliance with the California Environmental Quality Act.

      2.   Public Hearing Required: All zoning amendments shall be referred to the Planning Commission, which shall hold at least one public hearing on any proposed amendment.

      3.   Public Notice: At least ten (10) days before the date of the public hearing, the planning division shall provide notice consistent with Section 11-7-9, Public Notices and Hearings.

   (E)   Planning Commission Hearing And Recommendation:

      1.   Planning Commission Hearing: The Planning Commission shall conduct a public hearing in conformance with Chapter 6, Permit Processing.

      2.   Recommendation To Council: Following the public hearing, the Planning Commission shall make a recommendation on the proposed zoning amendment to the City Council. Such recommendation shall include the reasons for the recommendation, and the findings related to the criteria for zoning amendments in Section 11-7-7 and shall be transmitted to the City Council. If the matter under consideration is a proposal to reclassify a property from one zone to another and the Planning Commission has recommended against the adoption of such amendment, the City Council is not required to take any further action unless an interested party files a written request for a hearing with the City Clerk within fourteen (14) days after the Planning Commission action.

   (F)   City Council Hearing And Action:

      1.   After receiving the report from the Planning Commission or a written request from an interested party pursuant to Section 11-7-7(6)(B), the City Council shall hold a duly-noticed public hearing. At least ten (10) days before the date of the public hearing, the Planning Division shall provide notice consistent with Chapter 6, Permit Processing. The notice shall include a summary of the Planning Commission recommendation.

      2.   After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment.

   (G)   Criteria For Zoning Amendments:

      1.   The Planning Commission shall not recommend, and the City Council shall not approve a Zoning Text Amendment unless the proposed amendment meets the following criteria:

         (a)   Zoning Ordinance Text Amendment Findings:

            (1)   The Ordinance amendment is consistent in principle with the General Plan and any applicable Specific Plan; and

            (2)   The Ordinance amendment is consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare.

         (b)   Zoning District Boundary Amendment (Rezoning Map Amendments) And General Plan Amendments Findings:

            (1)   The change in district boundaries is consistent in principle with the General Plan;

            (2)   The change in district boundaries is consistent with the purpose of this title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare; and

            (3)   The change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given Zoning District.

   (H)   Interim Zoning:

      1.   The City Council, to protect the public safety, health, and welfare, may adopt an interim ordinance prohibiting or allowing any uses or establishing development standards when this Zoning Ordinance may otherwise be in conflict with a contemplated General Plan, Specific Plan, or zoning proposal which the City Council, Planning Commission or the Director or designee is considering or studying or intends to study within a reasonable time. Nothing in this Section shall limit the power of the City Council, by virtue of the City Charter, to take necessary action to protect the public health, safety, and welfare.

         (a)   Procedures:

            (1)   In adopting an interim ordinance, the City Council need not follow the procedures otherwise required prior to the adoption of an Ordinance amendment as provided for in this Chapter.

            (2)   An interim ordinance may be adopted as an emergency ordinance pursuant to the provisions of Chapter 6, Permit Processing.

            (3)   The City Council as part of any interim ordinance, may adopt procedures to modify the standards contained in the interim ordinance, and may establish procedures which differ from those contained in Chapter 6, Permit Processing.

         (b)   Required Findings:

            (1)   The City Council shall not adopt or extend any interim ordinance pursuant to this Section unless the ordinance contains a finding that there is a current and immediate threat to the public health, safety, and welfare, and that the approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, and welfare.

         (c)   Duration:

            (1)   An interim ordinance shall be of no further force and effect sixty (60) days from its effective date. After notice and public hearing pursuant to Chapter 7, the City Council may extend the interim ordinance up to sixty (60) months.

            (2)   Notwithstanding subsections (H)1(a) through (H)1(c) of this Section, if the interim zoning ordinance would operate to prohibit a use otherwise authorized by this title, the City Council shall follow the procedure specified in Government Code Section 65858, or any successor legislation thereto. (Ord. 2024-6, 6-17-2024)

   (A)   Purpose: This Chapter provides procedures (as described in Table 6-1 Permit Review Authorities) for the following:

      1.   The Council's review of a decision rendered by the Planning commission;

      2.   The Planning commission's review of a decision rendered by the Director or designee;

      3.   The simultaneous request for an appeal by both the Council and Planning commission; and

      4.   The filing of an appeal, by other than the Council or Planning commission, of a decision rendered by the Director or designee or Planning commission.

   (B)   Planning Commission Review: A member of the Planning Commission may request the opportunity to discuss any decision previously rendered by the Director or designee; however, a majority vote of the Planning commission is required to initiate an appeal of the decision. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing. The decision of the Planning Commission on the appeal is final, unless after a timely written request is made to the City Council and the City Council approves the request for appeal to the City Council.

   (C)   Council Review: A member of the Council may request the opportunity to discuss any decision previously rendered by the Director or designee or Planning Commission; however, a majority vote of the Council is required to initiate an appeal of the decision. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing. The decision of the Council on the appeal shall be final and shall become effective upon adoption of the resolution by the Council.

   (D)   Appeal By The Council And Planning Commission: If members of both the Planning Commission and Council file an appeal from the same decision, the matter shall be scheduled for Council determination. The Council shall determine whether the appeal shall be considered, and if so, by which review authority. Once the Council determines that the appeal should be heard, the appeal shall be scheduled for hearing by the review authority designated by the Council.

   (E)   Appeals Of Decisions: An appeal filed by other than the Council or Planning Commission shall be heard by the following review authorities:

      1.   Director Appeals: A decision rendered by the Director or designee may be appealed to the Planning commission;

   (F)   Planning Commission Appeals: A decision rendered by the Planning Commission may be appealed to the City Council.

      1.   Report And Scheduling Of Hearing: When an appeal has been filed, the Director or designee shall prepare a report on the matter and schedule the matter for consideration by the appropriate review authority.

      2.   Required Statement And Evidence:

         (a)   Applications for appeals shall include a general statement, specifying the basis for the appeal and the specific aspect of the decision being appealed.

         (b)   Appeals shall be based upon an error in fact, dispute of findings or inadequacy of conditions to mitigate potential impacts.

         (c)   Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal.

      3.   Action: If the matter originally required a noticed public hearing, the Planning Division or city Clerk, as applicable, shall notice the hearing in compliance with subsection (H) (Notice for Appeal Hearings). At the hearing, the review authority may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.

         (a)   By resolution, the review authority may affirm, affirm in part, or reverse the action, determination or decision that is the subject of the appeal.

         (b)   When reviewing an appeal, the review authority may amend or adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal.

         (c)   When reviewing an appeal, the review authority may disapprove the land use entitlement approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval.

         (d)   If new or different evidence is presented on appeal, the planning commission or Council may, but shall not be required to, refer the matter back to the director or designee or planning commission for further consideration.

   (G)   Time Limitations:

      1.   Timing And Form Of Appeal: Appeals shall be submitted in writing and filed with the Planning Division or city Clerk, as applicable, within fifteen (15) days after the decision date identified in the notice of decision. Appeals addressed to the Planning commission shall be filed with the Planning Division, while appeals addressed to the Council shall be filed with the City Clerk. The appeal shall specifically state the pertinent facts of the case, and the basis for the appeal as required by subsection (F)3 (Required Statement and Evidence) below. Appeals shall be accompanied by the filing fee established by the Council Fee Resolution. The number of days shall be construed as calendar days. Time limits will extend to the following City Hall working day, where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed.

   (H)   Notice For Appeal Hearings:

      1.   Appeal Of Planning Commission's Decision: Where an appeal of a Planning Commission decision made following a public hearing, noticed in compliance with Section 11-7-9 (Public Notices and Hearings), is filed with the city Clerk, and a hearing on the merits of the appeal is placed in the Council agenda, notice shall be given in compliance with Section 11-7-9 (Public Notices and Hearings), unless the council determines otherwise.

      2.   Appeal Of Director's Decision: The director or designee may require mailed notices, on a case-by-case basis, in compliance with Section 11-7-9 (Public Notices and Hearings), for the appeal of an administrative discretionary review decision to the planning commission or Council. At minimum, notice of the appeal shall be mailed to all persons who previously received notice of the director's or designee's decision, at least twenty one (21) days before the scheduled public hearing or review.

   (I)   Notice Of Final Decision- Planning Commission: Within ten (10) working days after the final decision is rendered by the planning commission, a notice of the decision, and any applicable conditions of approval, shall be mailed to the appellant at the address shown on the application. A copy of the notice shall also be sent in compliance with subsection 11-7-9(G) (Mailing of the Notice of Decision).

   (J)   Appeal Pending: While an appeal is pending, the establishment of any affected use or structure shall be held in abeyance, and all permits and licenses issued for the use or structure shall be stayed. (Ord. 2024-6, 6-17-2024)

This Chapter provides procedures for the noticing requirements and public hearings before the Commission and Council, and for administrative review by the Director or designee. When a public hearing is required by this Title, public notice shall be given, and the hearing shall be conducted as provided by this Chapter.

   (A)   Notice Of Public Hearing:

      1.   A notice of public hearing shall be mailed to the applicant or their agent, the owner of the property and owners and occupants of all property within a radius of three hundred feet (300') from the property lines of the site under consideration, using for this purpose the name and address of such owners as shown upon the latest available assessment rolls of the county assessor. The notices shall be mailed at least ten (10) days prior to the date of the public hearing.

      2.   If applicable, a notice of the hearing shall be mailed or delivered at least ten (10) 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.   At least ten (10) days prior to the date of the hearing, a public notice shall be published in a newspaper having general circulation in the city.

   (B)   Notice Of Decision - Director: The Director or designee may record the decision, refer the matter to the Commission for determination, or defer action and record the decision at a later date. The decision shall contain applicable findings, any conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and general welfare of the City.

   (C)   Notice Of Decision - Commission: The Commission may announce and record the decision at the conclusion of a scheduled hearing, or defer action, take specified items under advisement, and announce and record the decision at a later date. The decision shall contain applicable findings, any conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and general welfare of the City.

   (D)   Finality Of Decision By Director Or Commission: The decision of the Director or Commission or their designees is final unless appealed in compliance Chapter 11-7-8 (Appeals).

   (E)   Recommendation By Commission: At the conclusion of a public hearing on a Comprehensive Plan, Development Agreement, Specific Plan, prezoning, or a proposed amendment to the General Plan or Zoning Map/Code, the Commission shall forward a recommendation, including all required findings, to the Council for final action.

   (F)   Notice Of Decision - Council: For an application requiring Council approval, the Council shall announce and record its decision at the conclusion of the public hearing. The decision shall contain the findings of the Council, any conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate impacts and protect the public health, safety, and general welfare of the City.

   (G)   Mailing Of The Notice Of Decision: Within ten (10) working days after the final decision or recommendation is rendered by the appropriate review authority, a notice of the decision, recommendation, any applicable conditions of approval, and any reporting/monitoring requirements, shall be mailed to the applicant at the address shown on the application. A copy of the notice shall also be sent to the property owner, if different from the applicant, and to all other persons who have filed a written request for notice. (Ord. 2024-6, 6-17-2024)

This Section provides procedures and requirements for the review and approval of development agreements consistent with the provisions of state law.

   (A)   Applicability:

      1.   Initiation: Consideration of a development agreement may be initiated by:

         (a)   The Council; or

         (b)   Property Owner(s) or other persons having a legal or equitable interest in the property proposed to be subject to the agreement.

   (B)   Application Filing, Processing And Review:

      1.   Owner's Request: An owner of real property may request and apply through the planning division to enter into a development agreement, provided that:

         (a)   The status of the applicant as property owner or bona fide representative of the owner is established to the satisfaction of the director or designee;

         (b)   The application is accompanied by all documents, information, and materials required by the planning division.

      2.   Director Review: The director or designee shall receive, review, process, and prepare recommendations for the planning commission and Council consideration on all applications for development agreements.

      3.   Concurrent Processing And Public Hearings: All development-related applications shall be processed and scheduled for public hearing concurrently with the application for a Development Agreement. The Council shall be the review authority for the Development Agreement and all associated applications.

      4.   Fees: The application for a Development Agreement shall include the processing fee established by the Council Fee Resolution.

   (C)   Public Hearings:

      1.   Commission Hearing: Upon finding the application for a Development Agreement complete, the Director or designee shall set the date for a public hearing before the Commission, in compliance with Section 11-7-8 (Public Notices and Hearings). Following conclusion of a public hearing, the Commission shall adopt a resolution and make a written recommendation to the Council that it approve, conditionally approve, or deny the application.

      2.   Council Hearing: Upon receipt of the Commission's recommendation, the City Clerk shall set a date for a public hearing before the Council in compliance with Section 11-7-9 (Public Notices and Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application, with appropriate findings in compliance with subsection (C)5 (Required Findings). If the Council proposes to adopt a substantial modification to the Development Agreement not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation, in compliance with State law (Cal. Gov't Code § 65857). Failure of the Commission to report back to the Council within forty (40) days after the referral, or within a longer time set by the Council, shall be deemed a recommendation for approval of the proposed modification.

      3.   Notice Of The Hearings: Notice of the hearings, outlined in subsection 11-7-9 (Public Notices and Hearings above), shall be given in the form of a notice of intention to consider approval of a development agreement, in compliance with State law (Cal. Gov't Code § 65867).

      4.   Adopting Ordinance: Should the Council approve or conditionally approve the application, it shall, as a part of the action of approval, direct the preparation of a Development Agreement embodying the conditions and terms of the application as approved or conditionally approved, as well as an ordinance authorizing execution of the development agreement by the Council, in compliance with State law (Cal. Gov't Code § 65867.5).

      5.   Required Findings: The ordinance shall contain the following findings, and the facts supporting them. It is the responsibility of the applicant to establish the evidence in support of the required findings:

         (a)   The Development Agreement is in the best interests of the city, promoting the public interest and welfare;

         (b)   The Development Agreement is consistent with all applicable provisions of the General Plan, any applicable Specific Plan, and this Title;

         (c)   The Development Agreement is in compliance with the conditions, requirements, restrictions, and terms of Subsections 11-7-9 (Development Agreements) and Subsection 11-7-9(D) (Contents of a Development Agreement),

   (D)   Contents Of A Development Agreement:

      1.   Mandatory Contents: A Development Agreement entered into in compliance with this Chapter shall contain the mandatory provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (Cal. Gov't Code § 65865.2 [Agreement Contents]).

      2.   Permissive Contents: A Development Agreement entered into in compliance with this Chapter may contain the permissive provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (Cal. Gov't Code § 65865.2 [Agreement Contents]), and any other terms determined to be appropriate and necessary by the council, including provisions for the payment to the city of monetary consideration.

   (E)   Execution And Recordation:

      1.   Effective Date: The city shall not execute any development agreement until on or after the date on which the ordinance approving the agreement becomes effective, and until it has been executed by the applicant.

      2.   Conditioning Approval: The provisions of this Chapter shall not be construed to prohibit the Director or designee, Commission or Council from conditioning approval of a discretionary permit or entitlement on the execution of a Development Agreement, where the condition is otherwise authorized by law.

      3.   Recordation: A Development Agreement shall be recorded with the County Recorder no later than ten (10) days after it is executed, in compliance with State law (Cal. Gov't Code § 65868.5).

   (F)   Environmental Review:

      1.   The approval or conditional approval of a Development Agreement in compliance with this chapter shall be deemed a discretionary act for purposes of CEQA.

   (G)   Periodic Review:

      1.   Periodic Review: Every Development Agreement approved and executed in compliance with this Chapter shall be subject to periodic review by the Director or designee during the full term of the agreement.

      2.   Appropriate Fees To Purpose Of Periodic Review: Fees cover the city's costs to conduct the periodic reviews shall be collected from the contracting party, in compliance with Section 11-7-9(B) (Application Filing, Processing and Review). The purpose of the periodic review shall be to determine whether the contracting party or the successor-in-interest has complied in good faith with the terms and conditions of the Development Agreement. The burden of proof shall be on the applicant or contracting party or the successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the City.

      3.   Result Of Periodic Review: If, as a result of a periodic review in compliance with this section, the Director or designee finds and determines, on the basis of substantial evidence, that the contracting party or the successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the Director or designee shall notify the Commission, which may recommend to the Council that the agreement be terminated or modified.

      4.   The procedures for the termination or modification hearing shall comply with subsection 11-7-6(H) below.

   (H)   Amendment Or Cancellation of Development Agreement: A Development Agreement may be amended or canceled, in whole or in part, by mutual consent of all parties to the agreement, or their successor-in-interest, in compliance with State law (Cal. Gov't Code § 65868), or as set forth in the agreement. The requested amendment or cancellation shall be processed in the same manner specified by this Chapter for the adoption of a Development Agreement.

   (I)   Effect Of A Development Agreement:

      1.   Rules, Regulations And Policies: Unless otherwise provided by the Development Agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement and construction standards and specifications, and Building Code provisions applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement.

      2.   State Law: In compliance with State law (Cal. Gov't Code § 65866), unless specifically provided for in the Development Agreement, the agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies that do not conflict with those rules, regulations, and policies applicable to the property under the Development Agreement. Further, a Development Agreement does not prevent the City from conditionally approving or denying any subsequent development project application, on the basis of existing or new rules, regulations, and policies.

      3.   Approved Development Agreements: Development Agreements approved by the Council shall be on file with the City Clerk. (Ord. 2024-6, 6-17-2024)

   (A)   Purpose: The purpose of this section is to provide procedures, requirements for the annexation of property to the city.

   (B)   Process:

      1.   Property that is subject to annexation shall be pre-zoned consistent with the General Plan, any other applicable operative plan and annexation criteria. If an applicant proposes to pre-zone to different zone districts than those which are consistent with the General Plan and other operable plans, then plan amendments which achieve consistency shall be initiated and processed.

      2.   Annexation shall not be approved unless the proposed annexation meets all of the following criteria:

         a.   The proposed annexation and parcel configuration is consistent with the General Plan and any applicable operative plan

         b.   Adequate public services, facilities, and utilities meeting City standards are available to the lands proposed for annexation or will be provided within a specific period of time, with financial guarantees and performance requirements, to ensure this will occur.

         c.   Projects requiring annexation will not negatively impact City finances.

         d.   The City will partner with the community, if there is wide support for annexation, to coordinate terms to initiate and support the annexation process.

         e.   The annexation shall be approved by the Local Agency Formation Commission (LAFCO) of Fresno.

         f.   Legal Description and exhibit consistent with State Board of Equalization Standards.

         g.   Permit Modifications and Revocations.

      3.   Any request to modify a planning permit may be approved by the Decision Body by amending existing conditions or adding new conditions after following the same procedures as for applying for such permit.

Any planning permit may be revoked if any of the following apply:

         (a)   Failure to utilize any use permit granted by the City within twelve (12) months after the effective date of issuance unless a written request for extension is submitted to the Planning Commission thirty (30) days prior to the expiration of the permit. The Planning Commission shall review the request at its next regular meeting and may grant or conditionally grant an extension as it deems appropriate.

         (b)   One or more of the terms or conditions upon which a permit was granted has been violated.

         (c)   The use for which the permit was granted is conducted in a manner that is detrimental to the public health, safety, or welfare or that creates a nuisance, after the owner or other person responsible for the operation of the premises has been placed on notice by the City that such conditions exist and has failed to correct the objectional conditions.

         (d)   The Commission shall hold a hearing prior to the revocation of any use permit. Written notice shall be given at least ten (10) days prior to the hearing to the permittee at the address of the property subject to the permit; or if the property is unimproved, to the address of the owner as shown on the last equalized assessment roll in the office of the Assessor of the County.

 

 

(Ord. 2024-6, 6-17-2024)

This Chapter provides procedures intended to ensure compliance with the requirements of this Title and the conditions of land use permit approval pursuant to Title I Chapter 20 and Chapter 21 of the Municipal Code.

   (A)   Violations:

      1.   Public Nuisance: Any use, structure, or property altered, enlarged, erected, established, maintained, moved or operated contrary to the provisions of this Title, or any condition of approval, is hereby declared to be unlawful and a public nuisance, and may be abated by the City through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

      2.   Stop Work Order: Construction in violation of this Title, or any condition imposed through this Title, shall be subject to the issuance of a Stop Work Order. A violation of a Stop Work Order shall constitute a misdemeanor.

      3.   Penalty: Any violation of this Title, or failure to comply with any of its provisions, shall be deemed to be a misdemeanor, and punishable as such, notwithstanding the fact that, at the discretion of the City Attorney, violation of any section of this Title may be prosecuted as an infraction. Each day a violation of any provision of this Title continues shall be a new and separate violation.

   (B)   Inspection: Every owner and applicant seeking an approval, or any other action through this section, shall allow authorized City officials, or their designees, reasonable access to any premises or property that is the subject of the approval or other action. Once approval or other action has been granted in compliance with this Title, the owner or applicant shall allow authorized City officials, or their designees, access to the premises, where there is reasonable cause to believe the premises or property is not in compliance with the approval or other action.

   (C)   Additional Permit Processing Fees: Any person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves a structure without first obtaining a permit required by this Title, or any condition imposed through this Title, shall pay the additional permit processing fees established by the Council Fee Resolution for the correction of the violation, before being granted a permit for a use or structure on the site. (Ord. 2024-6, 6-17-2024)

   (A)   Filing Fees:

      1.   The rates and fees for the following zoning related activities, permits, and violations shall be set in the Master Fee Schedule as adopted by the Council.

         (a)   Planning Permits;

         (b)   Zoning District Confirmation Letters;

         (c)   Site Plan Reviews;

         (d)   Director Review and Approvals;

         (e)   Conditional Use Permit;

         (f)   Variance;

         (g)   Temporary Use Permit;

         (h)   Modification and Revocation;

         (i)   Rezones/Prezones;

         (j)   Zoning Ordinance Text and Zoning District Amendments;

         (k)   General Plan Amendments;

         (l)   Annexation; and

         (m)   Appeals. (Ord. 2024-6, 6-17-2024)