Stockton City Zoning Code
Division
4 Application Process
§ 16.84.010 Purpose of chapter.
This chapter is intended to provide procedures and requirements for the preparation, filing, and processing of applications for land use permits and other entitlements required by this Development Code.
(Prior code § 16-410.010)
§ 16.84.020 Review Authority for land use and zoning decisions.
Table 4-1 (Review Authority) identifies the Review Authority (Director, Commission, or Council) responsible for reviewing and making decisions on each type of application, land use permit, and other entitlements required by this Development Code. Table 4-1 identifies which Review Authority is responsible for:
A.
Decision. Making a decision;
B.
Recommendation. Making a recommendation on the application request to another Review Authority; or
C.
Appeal. Reviewing the decision of the Review Authority about an application request.
The Review Authorities for subdivision decisions are listed in Table 6-1. |
TABLE 4-1 REVIEW AUTHORITY | ||||
|---|---|---|---|---|
Type of Permit or Decision | Director | Planning Commission | City Council | Reference |
Administrative exception | Decision | Appeal | Appeal | Chapter 16.112 |
Certificates of appropriateness | Decision* | Appeal | Appeal | Section 16.220.060 |
Design review | Recommendation | Decision*** | Decision*** | Chapter 16.120 |
Design review districts | —— | Recommendation | Decision | Chapter 16.124 |
Development agreements | —— | Recommendation | Decision | Chapter 16.128 |
Development Code amendments | —— | Recommendation | Decision | Chapter 16.116 |
General Plan amendments | —— | Recommendation | Decision | Chapter 16.116 |
Home occupation permits | Decision | Appeal | Appeal | Chapter 16.132 |
Interpretations | Decision | Appeal | Appeal | Chapter 16.08 |
Land development permits | Decision | Appeal | Appeal | Chapter 16.136 |
Master development plans | —— | Recommendation | Decision | Chapter 16.140 |
Minor design review | Decision | Appeal*** | Appeal | Chapter 16.120 |
Planned development permits | —— | Decision** | Appeal | Chapter 16.144 |
Precise road plans | —— | Recommendation ** | Decision | Chapter 16.148 |
Site plan review | Issuance | —— | —— | Chapter 16.152 |
Specific plans | —— | Recommendation ** | Decision | Chapter 16.156 |
Street name changes | —— | Recommendation ** | Decision | Chapter 16.160 |
Temporary activity permits | Decision | Appeal | Appeal | Chapter 16.164 |
Tentative maps and time extension | —— | Decision | Appeal | Chapter 16.188 |
Tentative parcel maps and time extension | Decision | Appeal | Appeal | Chapter 16.188 |
Use permits— Administrative | Decision | Appeal | Appeal | Chapter 16.168 |
Use permit— Commission | —— | Decision | Appeal | Chapter 16.168 |
Variances | —— | Decision | Appeal | Chapter 16.172 |
Waiver | Decision | Appeal | Appeal | Chapter 16.176 |
Zoning Map amendments | —— | Recommendation | Decision | Chapter 16.116 |
Notes: | Decisions of the Director may be appealed to the Commission. The Director may defer action and refer the matter to the Commission. Decisions of the Commission may be appealed to the Council. |
* | Recommendation from Cultural Heritage Board |
** | Recommendation from Development Review Committee |
*** | Decision of Architectural Review Committee (ARC) |
*** | Decision varies based on application (i.e., Architectural Review Committee, Commission, Council, Redevelopment Commission) |
(Prior code § 16-410.020; Ord. 023-07 C.S. § 100; Ord. 2022-07-12-1601-02 C.S. § 28)
§ 16.84.030 Pre-application conference.
A pre-application conference shall be required for any application for new development or redevelopment which is required to go before the Planning Commission and any subdivision map for five or more lots, to ensure that the applicant is aware of issues and requirements related to the project. Additional applications may require a pre-application conference at the discretion of the Director. Other departments and public agencies may be invited to attend a pre-application conference. The fee for the pre-application conference shall be in compliance with the City Council's most recently published fee schedule.
(Prior code § 16-410.030; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11)
§ 16.84.040 Application filing.
The following provisions are intended to prescribe the filing of applications for permits, amendments, and approvals when required by this Development Code.
A.
Eligibility for Filing. Application may be made, depending on the application, by:
1.
The owner(s) of the subject property for which the permit is sought or authorized agent;
2.
An owner in escrow with written authorization of the property owner;
3.
A lessee or any other person, with written authorization of the property owner;
4.
Petition of interested parties for amendments (e.g., General Plan text and Development Code);
5.
Commission; or
6.
Council with referral to the Commission.
B.
Application Requirements. An application for a land use permit, entitlement, amendment (e.g., General Plan, Development Code, and Zoning Map) and other matters pertaining to this Development Code shall be filed with the Department. An application shall not be considered filed until:
(Prior code § 16-410.040)
§ 16.84.050 Initial application review and environmental assessment.
A.
Application. Except for City-initiated applications, all applications filed with the Department, in compliance with this Development Code, shall be initially processed as follows:
1.
Review for Completeness. The Director shall review the application material to determine if the application is complete. The application may not be processed until the application is deemed to be complete by the Director.
a.
Considerations. The following shall be considered before deeming an application complete:
i.
Review. The Director shall review all applications for completeness and accuracy before they are accepted as being complete;
ii.
Fees. An application shall not be deemed complete until all required fees have been paid in compliance with Section 16.84.080 (Fees); and
iii.
Existing Outstanding Balance. If the subject property has any outstanding financial balance owed to the City, an application may not be deemed complete until the balance has been paid to the City.
b.
c.
Expiration of Application.
i.
Deemed Withdrawn. If a pending application is not deemed complete within 90 days after the first filing with the Department because the applicant has failed to provide the necessary documentation, exhibits, forms, information, maps, or other material, the application shall be deemed withdrawn.
ii.
New Filing. If the application is withdrawn or deemed withdrawn, a new application in compliance with this Development Code, including exhibits, fees, plans, and other materials which would be required to begin processing of any project on the same property, would need to be filed.
d.
Extension of Application. If a request to extend the application, with the reason for the extension, is submitted in writing before the end of the 90-day period, the Director may grant one 90-day extension.
2.
Received for Filing. Applications shall only be officially "received for filing" when progress toward completing the environmental documentation required by CEQA is sufficient to enable the lead agency to finish the CEQA process within the short permit time limit in compliance with Section 15111(a) of the CEQA Guidelines for Implementation of the California Environmental Quality Act.
3.
Concurrent Processing. If a proposed project requires more than one application under the provisions of this Development Code, the applications may all be filed at the same time and processed concurrently. If more than one Review Authority is involved, the Director shall determine the sequence for action by the applicable review authorities.
4.
Referral of Application. At the discretion of the Director, or where otherwise required by this Development Code or State or Federal law, an application may be referred to any public agency, group, and/or individual that may be affected by, or have an interest in, the proposed land use activity.
B.
Environmental Assessment and Determination.
1.
Preliminary Environmental Review. The Director shall review all environmental information contained in an application in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000 et seq.), the Guidelines for Implementation of CEQA (CEQA Guidelines) (California Code of Regulations, Section 15000 et seq.), and the City Guidelines for the implementation of CEQA (City CEQA Guidelines), as amended, to determine, with appropriate findings, whether the proposed project/activity:
a.
Exempt. Is exempt from CEQA, in compliance with Section 15061 of the State CEQA Guidelines. If exempt, a notice of exemption shall be prepared in compliance with Section 15062, and a Notice filed with the San Joaquin County Clerk and, if applicable, with the State Office of Planning and Research. Possible CEQA exemptions include the following:
i.
The activity is not a "project" as defined in Section 15378 of the CEQA Guidelines;
ii.
The activity is exempt under the "general rule" that CEQA applies only to projects which have the potential for causing a significant effect on the environment, as specified in Section 15061 (b)(3) of the CEQA Guidelines; or
iii.
The project/activity qualifies for a "statutory" exemption (Section 15260 et seq. of the CEQA Guidelines) or a "categorical" exemption (Section 15300 et seq. of the CEQA Guidelines).
b.
Previous Environmental Documentation Applicable. Is adequately addressed based on review of a previously adopted negative declaration/initial study (ND/IS), a certified EIR for an earlier project or activity, or other agency environmental document, and on the description of the proposed project and its environmental setting. Previous environmental documents that the Director determines do not adequately address the environmental consequences of a project shall require a formal update and review process, which may require a new environmental document.
c.
Formal Environmental Review. Requires formal environmental review in the form of a negative declaration, environmental impact report, supplemental environmental impact report, subsequent environmental impact report, or an addendum to an environmental impact report.
2.
Habitat/Open Space Fee Program Compliance.
a.
Upon making a final determination that the project/activity is subject to CEQA and before deciding on the type and extent of environmental documentation which is needed for the proposed project, the Director shall determine whether the subject site is located in an area which is subject to the payment of fees to mitigate impacts on wildlife habitat and open space in compliance with the provisions of the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP).
b.
If the project is subject to these fees, the applicant:
i.
Shall indicate on the completed environmental information form that the applicant and/or all successors-in-interest agree to participate in the SJMSCP by paying the appropriate fees before the issuance of any construction permit, grading permit, or before the approval of site improvement plans, as applicable; or
ii.
May choose to submit a signed "mitigation agreement" with the completed environmental information form. The mitigation agreements shall commit the applicant to:
(A)
Retain a qualified wildlife biologist to conduct an assessment of the project's effects on biological and open space resources;
(B)
Submit the biological assessment and a related mitigation/management plan for inclusion in the draft EIR or initial study/proposed mitigated negative declaration for the project; and
(C)
Implement the required mitigation/management plan before the issuance of any building permit or the approval of site improvement plans for the project, as applicable.
3.
Supplemental Information. In addition to the information required to deem an application complete, the Director may require the applicant to submit additional information needed for the environmental review of the project.
4.
Timing. The determination as to the type of environmental documentation required shall be made within 30 days of deeming the application complete.
5.
Appeal. The Director's determination as to the type of environmental document required may be appealed to the Commission.
(Prior code § 16-410.050; Ord. 001-08 C.S. § 24)
§ 16.84.060 Application withdrawal.
The applicant may withdraw an application at any time before a decision is rendered by a Review Authority, by submitting a written request for withdrawal, signed by all persons signing the application, to the Director. Fees may be refunded, if applicable, in compliance with Section 16.84.080 (Fees).
(Prior code § 16-410.060)
§ 16.84.070 Expiration of completed application.
If a pending application has been deemed complete and the application, or its environmental document, is inactive for 180 days either because of a lack of communication from the applicant or the applicant has failed to provide the necessary information or materials, the application shall be determined to have been withdrawn.
A.
Extension of Application. If a request to extend the application, with the reason for the extension, is submitted in writing, with the applicable fee, before the end of the 180-day period, the Director may grant up to two one year time extensions.
B.
New Filing. If the application has been determined to have been withdrawn, a new application in compliance with this Development Code, including exhibits, fees, plans, environmental documentation, and other materials which would be required to begin processing of any project on the same property, would need to be filed.
(Prior code § 16-410.070; Ord. 011-11 C.S. § 1, eff. 10-27-11)
§ 16.84.080 Fees.
A.
Types of Fees.
1.
Application Fees.
a.
Council's Fee Resolution. The Council shall, by resolution, establish a schedule of fees for amendments, entitlements, permits, and other matters pertaining to this Development Code, hereafter referred to as the Council's fee resolution. The schedule of fees may be changed or modified only by resolution of the Council.
b.
Cumulative. The City's processing fees are cumulative, with a separate fee required for each individual application.
c.
Required Before Processing. Processing may not commence on an application until all required fees have been paid. Without the application fee, the application shall not be deemed complete.
2.
Impact Fees. The City may require:
a.
Specific fees to compensate for the impact caused by new development where the impacts are specifically identified by the City, including public facilities fees (Section 16.72.260).
b.
Irrevocable developer commitments to pay for the cost of public improvements, which are required to serve any new or substantially revitalized project(s).
B.
Refunds. In the case of a withdrawal, the Director may authorize a refund based upon the following:
2.
50 percent refund, if interdepartmental referrals have not been sent out.
3.
25 percent refund, if interdepartmental referrals have been sent out, but public notice (published or mailed) has not been distributed.
4.
No refund if the application has been publicly noticed, in compliance with Chapter 16.88 (Review Procedures).
5.
Pre-application fees will not be refunded if interdepartmental referrals have been sent out or the pre-application conference has taken place.
(Prior code § 16-410.080; Ord. 023-07 C.S. § 101; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11)
§ 16.88.010 Purpose of chapter.
This chapter is intended to provide processing procedures for applications submitted to the Department.
(Prior code § 16-420.010)
§ 16.88.020 General provisions.
The requirements identified in this chapter are considered a minimum and may be expanded or modified by specific application requirements.
(Prior code § 16-420.020)
§ 16.88.025 Neighborhood meetings.
A neighborhood meeting shall be required for any application requiring Council review. At the discretion of the Director, a neighborhood meeting may be required for other applications.
A.
Procedure.
2.
Noticing.
a.
The notice of the meeting shall be sent out at least 10 days prior to the meeting.
b.
Notices/invitations to the neighborhood meeting shall be sent to those names and addresses listed on the public hearing notice list (within 300 feet of the subject property, obtained from the City of Stockton). A copy of the invitation shall also be sent to Planning staff and to the member of the City Council and Planning Commission in whose district the project site is located.
c.
The applicant shall host the meeting and present the project for questions and answers.
d.
Verification that the notice was mailed consistent with this Development Code is required before the item will be scheduled for Planning Commission review.
e.
Any person attending the neighborhood meeting who did not receive an invitation may request that their name be added to the notification list for subsequent Planning Commission and/or City Council public meetings on the project. The costs associated with providing such additional notification will be borne by the project applicant.
(Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11)
§ 16.88.030 Public hearing notices.
A.
Content of Notice.
1.
Notice of a public hearing shall include: the date, time, and place of the hearing; the name of the hearing authority; a general explanation of the matter to be considered; a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing; and the phone number and street address of the Department where an interested person could call or visit in order to receive additional information.
2.
If a proposed negative declaration or environmental impact report (EIR) has been prepared for the project in compliance with the City's CEQA Guidelines, the hearing notice shall include a statement that the hearing body would also consider approval or recommendation of the proposed negative declaration or certification of the final EIR.
B.
Method of Notice Distribution. Notice shall be provided as follows:
1.
Published Notice. A legal notice shall be published at least once in a local newspaper of general circulation within the City at least 10 days before the hearing for:
a.
All actions in which the Council is the final Review Authority (e.g., development agreements, Development Code amendments, General Plan amendments, historical landmarks/sites/districts, master development plans, precise road plans, specific plans/amendments, street name changes, and Zoning Map amendments);
b.
Tentative maps;
c.
Heritage tree permits; and
d.
Proposed negative declarations or environmental impact reports.
2.
Mailed Notice.
a.
Actions. The following actions shall require a mailed notice:
i.
Council Actions. For specified actions in which the Council is the final Review Authority; and
ii.
Commission or Director Actions. For all actions in which:
iii.
Administrative Hearing Officer Actions. For all actions in which an Administrative Hearing Officer is the final Review Authority and a public hearing is required.
b.
Method. The notice shall be mailed or delivered:
i.
Timing. At least 10 days before the hearing.
ii.
Recipients.
(A)
Subject Owner(s). The owner(s) of the property being considered or the owner's agent, and the applicant, or responsible party;
(B)
Local Agencies. Each local agency expected to provide schools, water, or other essential facilities or services to the project, and whose ability to provide the facilities and services may be significantly affected;
(C)
Affected Owners. All owners of real property as shown on the County's latest equalized assessment roll within a radius of 300 feet of the exterior boundaries of the parcel involved in the application, except for:
(1)
Specific plans and master development plans, which shall be 1,000 feet, and
(2)
If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide notice by placing a display advertisement in at least one newspaper of general circulation within the City at least 10 days before the hearing in compliance with Government Code Section 65091(a)(3).
c.
Cost of Providing Notice. The applicant for a project shall pay all costs associated with providing required public hearing notices, as determined by the Director.
(Prior code § 16-420.030; Ord. 023-07 C.S. § 102; Ord. 015-09 C.S., eff. 12-3-09; Ord. 013-10 C.S. § 1, eff. 9-23-10; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 2013-07-30-1603-01 C.S. § 2; Ord. 2016-01-26-1601 C.S. § 4; Ord. 2020-06-09-1501 C.S. § 24)
§ 16.88.040 Environmental determination.
Before the Review Authority makes a decision on an application(s) for a discretionary permit, a related environmental determination is required in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA Guidelines. The Review Authority shall make one of the following determinations, as applicable:
A.
Exempt. The application is not subject to CEQA.
1.
The Review Authority has determined that the proposed activity or action is exempt in compliance with Section 15061 of the CEQA Guidelines and Section 16.84.050(B)(1)(a).
2.
Notice of exemption, in compliance with Section 15062 of the CEQA Guidelines, shall be prepared and filed with the San Joaquin County Clerk and, if applicable, with the State Office of Planning and Research.
B.
Subject to CEQA. The application is subject to CEQA. The Review Authority has independently reviewed and considered the environmental documentation for the proposed project/activity and has made the following determination, with appropriate findings, regarding its adequacy:
1.
Adequate. The Review Authority has determined that the environmental documentation for the proposed project/activity adequately addresses the environmental consequences of the proposed project/activity, as follows:
a.
Previous Environmental Document. Determine that the proposed project/activity has been adequately addressed by a previously adopted or certified environmental document, in compliance with the Section 15096 of the CEQA Guidelines and City's CEQA Guidelines. In addition, the applicable environmental document(s) shall be referenced and CEQA findings shall be adopted or recommended for any project approvals in which the City is a lead or responsible agency (as defined in CEQA) for the approvals, as applicable, or
b.
Negative Declaration. Adopt a negative declaration and related initial study, a mitigated negative declaration/initial study, or an addendum to a mitigated negative declaration/initial study, including a mitigation agreement, any related mitigation measures, and the corresponding monitoring/reporting provisions, as applicable, in compliance with Section 15074 of the CEQA Guidelines and the City's CEQA Guidelines, or
c.
Environmental Impact Report. Certify a final environmental impact report (EIR), supplemental EIR, or addendum to a final EIR, and adopt any related CEQA findings, including any required mitigation measures and corresponding mitigation monitoring/reporting provisions, in compliance with Sections 15090 through 15093 of the CEQA Guidelines and the City's CEQA Guidelines; or
2.
Not Adequate. The proposed project/activity is subject to CEQA, but the environmental consequences of the proposed project/activity have not been adequately addressed and the environmental document(s) shall be revised or augmented, and possibly recirculated for public review, before taking an action on the related application(s).
(Prior code § 16-420.040)
§ 16.88.050 Procedures for review of applications.
A.
Review Without Notice Procedure.
1.
Applicability. The review without notice procedure applies to applications, which are reviewed to determine their consistency with established policies and standards and do not require action by the Commission.
2.
Notice Not Required. Notice is not required for actions taken in compliance with this section.
3.
Review. The Director shall review the application for completeness and accuracy and refer the application to staff and applicable agencies for review and comment.
4.
Action by Director. The Director shall approve or disapprove the application based upon its consistency with established policies and standards.
B.
Administrative Review Procedure.
1.
Applicability. The review with notice procedure applies to discretionary applications which require public notice, but which do not require a public hearing before the Commission.
2.
Preliminary Action by Director. Following the initial review period, the Director shall either:
a.
Proceed with the review; or
b.
Refer the application directly to the Commission based on:
i.
The importance of the issue in carrying out the General Plan, the cumulative effect of similar applications, policy guidance previously received from the Commission or Council, and the possibility that the decision may set a precedent for future decisions. The Commission shall give notice and conduct a public hearing in compliance with subsection C of this section (Public hearing review procedure),
ii.
An EIR being required. All projects requiring the preparation of an EIR shall be automatically referred to the Commission for final action.
3.
Notification. Notification of the application and any hearing that is requested in compliance with subsection (B)(5) of this section, shall be given in compliance with Section 16.88.030(B)(2) (Mailed notice).
4.
5.
Action by Director. Following the review period, including the time required for the applicable environmental documents, the Director shall either render a decision or refer the application to the Commission. Any decision of the Director shall require a public hearing if a request for a public hearing has been filed in compliance with subsection (B)(4) of this section (Administrative review process).
a.
Decision on Application. If the Director elects to make a decision on the application, including the environmental documents:
i.
Environmental Determination. Before the Director makes a decision on the application(s), the Director shall make an environmental determination in compliance with Section 16.88.040 (Environmental determination).
ii.
Application. At the conclusion of a review or hearing, whichever is applicable, the Director shall approve, conditionally approve, or disapprove the application. The Director may take specific items under advisement and reach a decision and announce it at the later date.
b.
Refer Application. Refer the application and related environmental documentation directly to the Commission based on the response from notifications and the criteria in subsection (B)(2)(b)(i) of this section. The Commission shall give notice and conduct a public hearing in compliance with subsection C of this section (Public hearing review procedure).
6.
Finality of Decision. The decision of the Director is final unless appealed in compliance with Chapter 16.100 (Appeals).
7.
Written Decision.
a.
Contents of Decision. The decision shall contain applicable findings, any conditions of approval, and related monitoring provisions deemed necessary to mitigate any impacts and to protect the public health, safety, and welfare of the City.
b.
Notice. Following the rendering of a decision, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application, any interested party commenting on the application or requesting a public hearing, and any interested party that provided a written request for a copy of the decision.
8.
Notice of Determination. Following the hearing, any notice of determination shall be filed with the County Clerk and the State Clearinghouse, as applicable, in compliance with the City's CEQA Guidelines.
C.
Public Hearing Review Procedure.
1.
General Provisions. The applicable Review Authority (e.g., Commission or Council) shall conduct a public hearing with notification for the purpose of receiving oral and written evidence relative to the application(s). This evidence shall be reviewed to determine if the application is consistent with existing policies, standards, and required findings.
2.
Notification. Notification of the public hearing shall be given in compliance with Section 16.88.030 (Public hearing notices).
3.
Public Hearing. The applicable Review Authority shall hold a public hearing on the application(s), including review of applicable environmental documents. An applicant, an applicant's representative, or any interested party may make a presentation on the application.
a.
Applications for Which the Commission Is the Review Authority. Following the conclusion of a public hearing:
i.
Environmental Determination. Before making a decision on the applications, the Commission shall make an environmental determination in compliance with Section 16.88.040 (Environmental determination).
ii.
Application. The Commission shall approve, conditionally approve, or disapprove the application(s).
(A)
Finality of Decision. The decision of the Commission is final unless appealed in compliance with Chapter 16.100 (Appeals).
(B)
Written Decision.
(1)
Contents of Decision. The recorded decision shall contain applicable findings, any conditions of approval, and related monitoring provisions deemed necessary to mitigate any impacts and to protect the public health, safety, and welfare of the City.
(2)
Notices. Following the hearing a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application and to any interested party that provided a written request for a copy of the decision.
iii.
Notice of Determination. Following the hearing, any notice of determination shall be filed with the County Clerk and the State Clearinghouse, as applicable, in compliance with the City's CEQA Guidelines.
b.
For Actions in Which the Council Is the Review Authority. The Council shall take the final action on all development agreements, Development Code amendments, General Plan amendments, historical landmarks/sites/districts, master development plans, precise road plan, prezoning, specific plans/amendments, street name changes, and Zoning Map amendments based on recommendation by the Commission, and appeals to Commission decisions.
i.
Recommendation by Commission. The Commission shall hold a public hearing in compliance with subsection (C)(3)(a) of this section (Applications for which the Commission is the Review Authority), except that at the conclusion of the public hearing, the Commission shall forward a written recommendation to the Council.
(A)
Environmental Determination. Before the Commission makes a recommendation on the application(s), the Commission shall review and consider the environmental documentation in compliance with Section 16.88.040 (Environmental determination).
(B)
Application. The Commission shall either:
(1)
Approve the Application. Approve or conditionally approve the application. The resolution for the recommendation shall contain applicable findings, any conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City; or
(2)
Disapprove the Application. The Commission's action for disapproval shall be final and conclusive unless an appeal to the Council is filed in compliance with Chapter 16.100 (Appeals). Following the Commission's action, a notice of the recommendation shall be mailed to the applicant at the address shown on the application.
ii.
Decision by Council. Upon receipt of the Commission's recommendation and following the conclusion of the public hearing, the Council shall:
(A)
Environmental Determination. Before making a decision on the application(s), make an environmental determination in compliance with Section 16.88.040 (Environmental determination).
(B)
Application. Approve, approve in modified form, or disapprove the proposed application in compliance with Chapter 2.04 of the Municipal Code (Council Meetings) based on the applicable findings of fact.
(1)
Modification to Proposed Projects. If the Council proposes to adopt a substantial modification to the proposed project that was not previously considered by the Commission during its hearings, the proposed modification shall be referred back to the Commission for its recommendation before the Council makes a final decision.
(2)
Overrule of Commission Decision. It shall take four concurring votes of the Council to overrule a decision of the Commission.
(3)
Decision. The Council shall approve, conditionally approve, or disapprove the application(s).
(a)
Finality of Decision. The decision of the Council is final.
(b)
Written Decision.
(i)
Contents of Decision. The decision shall contain applicable findings, any conditions of approval, and related monitoring provisions deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City.
(ii)
Notice of Decision. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application and to any interested party that provided a written request for a copy of the decision.
(C)
Notice of Determination. Any notice of determination shall be filed with the County Clerk and the State Clearinghouse, as applicable, and in compliance with the City's CEQA Guidelines.
(Prior code § 16-420.050; Ord. 2018-01-23-1503 § I; Ord. 2020-06-09-1501 C.S. § 25)
§ 16.90.010 Purpose of chapter.
The purpose of this chapter is to comply with provisions of state law that require the City to make specific findings prior to approving certain projects located within a flood hazard zone.
(Ord. 2016-05-24-1605 § VI)
§ 16.90.020 Development agreements, maps, permits and entitlements.
A.
The applicable review authority shall not approve the execution of a development agreement, a tentative map or a parcel map for which a tentative map is not required or a discretionary permit or other discretionary entitlement under this chapter that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building, or issuance of a ministerial permit under Title 15 that would result in the construction of a new residence for property that is located within a flood hazard zone unless the review authority finds, based on substantial evidence in the record, one of the following:
1.
The facilities of the State Plan of Flood Control or other flood management facilities protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanized areas;
2.
The City has imposed conditions on a development agreement, map, permit, or entitlement that will protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanized areas;
3.
The local flood management agency has made adequate progress (as defined in California Government Code Section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanized areas for property located within a flood hazard zone, intended to be protected by the system;
4.
The property in an undetermined risk area has met the urban level of flood protection;
5.
The property is located in an area of potential flooding of three feet or less from a storm event that has a 1-in-200 chance of occurring in any given year, from sources other than local drainage, in urban and urbanizing areas; or
6.
The property is located within a watershed with a contributing area of 10 or fewer square miles in urban and urbanizing areas.
B.
The review authority's decisions shall be in accordance with criteria prepared by the Director that are consistent with accepted state and federal floodplain management practices.
(Ord. 2016-05-24-1605 § VI)
§ 16.92.010 Purpose of chapter.
This chapter is intended to provide the procedures to be followed, and the conditions and requirements to be applied, after the approval of a permit or entitlement identified in this Development Code in order to implement or "exercise" the permit(s) or entitlement(s).
(Prior code § 16-430.010)
§ 16.92.020 Applicability.
Unless otherwise stated by specific application requirements in Division 5, the procedures, conditions, and requirements identified in this chapter shall apply, as applicable to the type of application, following the approval of an application.
(Prior code § 16-430.020)
§ 16.92.030 Appeals.
The decision of the applicable Review Authority shall be considered final unless an appeal is filed during the review period in compliance with Chapter 16.100 (Appeals).
(Prior code § 16-430.030)
§ 16.92.040 Approval based on Section 65956.
Applications deemed approved based on State law (Government Code Section 65956), shall be subject to all applicable provisions of this Development Code, which shall be satisfied by the applicant before a building permit is issued or a land use not requiring a building permit is established.
(Prior code § 16-430.040)
§ 16.92.050 Building permit.
Building permits shall require site plan review in compliance with Chapter 16.152 (Site Plan Review) before, or concurrently with, the submittal of a building permit application except as specified by Section 16.152.040 (Site plan review—Exemptions).
(Prior code § 16-430.050)
§ 16.92.060 Business license.
A.
Business License Applications. Business license applications, reviewed for compliance with this Development Code and signed off by the Director, shall be reviewed as follows:
1.
Reuse of Existing Structure(s). A business license application that proposes the establishment of a different business in an existing structure shall be subject to the following considerations:
a.
The proposed use is allowed in the zoning district in which the use is to be located,
2.
New Structures. A business license application for the first occupancy of a new structure shall require full compliance with this Development Code. The new structure shall first require the issuance of a site plan review (Chapter 16.152) or other applicable permit(s) or entitlement(s) in compliance with Table 2-2 (Allowable Land Uses and Permit Requirements).
B.
Business License Renewals. The annual renewal of a business license does not require review for compliance with this Development Code.
C.
Not an Authorization or Granting of a Privilege. A business license is for revenue purposes only and not an authorization or granting of a privilege. Sign-off of a business license by the Director does not constitute an authorization to conduct a business in conflict with the applicable provisions, regulations, requirements, and standards identified in this Development Code, the building code, other provisions of the Municipal Code, or City, County, State, or Federal regulations and standards.
(Prior code § 16-430.060; Ord. 2020-06-09-1501 C.S. § 26)
§ 16.92.070 Certificate of occupancy.
A certificate of occupancy in compliance with Section 15.04.330 of the Municipal Code shall not be issued until the final City inspection has determined that the construction authorized by the permit or entitlement is in compliance with the approved plans on file with the Department and all terms and conditions of the approved permit or entitlement have been satisfied or a performance guarantee in compliance with 16.92.130 (Performance guarantees), is provided.
(Prior code § 16-430.070)
§ 16.92.080 Changes to an approved project.
Changes to an approved project may be approved in compliance with Chapter 16.104 (Changes to an Approved Project).
(Prior code § 16-430.080)
§ 16.92.090 Effective date.
A.
Review Authority.
1.
Director or Commission. Land development permits, planned development permits, tentative maps, use permits, and variances shall become effective on the 11th day following the date the public/final decision is rendered by the applicable Review Authority, provided that no appeal of the Review Authority's action has been filed, in compliance with Chapter 16.100 (Appeals).
2.
Council.
a.
Resolution. Master development plans, specific plans, precise road plans, and amendments to the General Plan adopted by resolution shall become effective on the 31st day following the date the public/final decision is rendered by the Council.
b.
Ordinance. Amendments to this Development Code, the Zoning Map, precise road plan, specific plans, and development agreements adopted by ordinance shall become effective on the 31st day following the date the public/final decision is rendered by the Council.
B.
Special Requirements.
1.
Planned Development Permit. If a planned development permit is approved in conjunction with a tentative map, that permit shall not become effective until the parcel map or final map is recorded.
2.
Annexation. If a permit or other application, other than a General Plan amendment or prezoning, is approved for a parcel of land located outside the jurisdiction of the City, that approval shall only become effective upon the recordation of the LAFCO certificate of completion annexing the property to the City.
3.
Street Name Changes. Street name changes shall become effective on January 1st of the year following the Council's action to approve the name change request, or four months after the date of the decision, whichever is later.
C.
Date of Issuance. Permits, certificates, or other entitlements may not be issued until the effective date.
D.
Counting of Days. The precise number of days shall be counted in compliance with Section 16.08.020(B)(3) (Number of days).
(Prior code § 16-430.090; Ord. 001-08 C.S. § 25)
§ 16.92.100 Expiration/extension.
A permit or entitlement may expire or be extended in compliance with Chapter 16.96 (Expirations and Extensions).
(Prior code § 16-430.100)
§ 16.92.110 Maintenance.
All property and landscaping shall be maintained in compliance with the approved plans, the conditions of the permit or entitlement, the requirements of this Development Code, the requirements of the Municipal Code, and Chapter 8.36 of the Municipal Code.
(Prior code § 16-430.110)
§ 16.92.120 Owner responsibility.
The owner of the property shall be responsible for the terms and/or conditions of any approved permit.
(Prior code § 16-430.120)
§ 16.92.130 Performance guarantees.
A.
Performance Security. The applicant/owner may elect to provide adequate performance security for the faithful performance of a condition(s) of approval imposed as part of the approval process if the Director determines that the condition(s) may be implemented at a later specified date.
B.
Compliance. The performance security shall comply with Section 16.72.070 (Improvements—Plans, agreements and security).
C.
Failure. Failure to implement the condition(s) by the specified date shall result in forfeiture of the entire performance guarantee.
(Prior code § 16-430.130)
§ 16.92.140 Resubmittals.
An application may not be resubmitted if denied during the immediately preceding 12-month period, except with the permission of the Review Authority.
(Prior code § 16-430.140; Ord. 023-07 C.S. § 103)
§ 16.92.150 Review of project.
A.
Requirement for Review. A review shall be conducted for an approved project if requested by the Director, Commission, or Council, either as a condition of approval of the permit or entitlement or by direct request of the Director, Commission, or Council.
B.
Review by Director. The Director shall conduct the review and may:
(Prior code § 16-430.150)
§ 16.92.160 Revocations/modifications.
A permit or entitlement may be revoked or modified in compliance with Chapter 16.108 (Revocations and Modifications).
(Prior code § 16-430.160)
§ 16.92.170 Runs with the land.
A permit or entitlement that is valid and in effect, and was granted in compliance with the provisions of this Development Code, shall run with the land and continue to be valid upon any change of ownership of the land, except for home occupation permits (Chapter 16.132). Should the Development Code be amended to be less restrictive than the previous permit or entitlement provisions, the owner can request to process a future permit or entitlement under the new standards.
(Prior code § 16-430.170; Ord. 2022-07-12-1601-02 C.S. § 29)
§ 16.92.180 Use of property.
A permit shall not be issued for any use involved in an application until the application has received final approval and has become effective.
(Prior code § 16-430.180)
§ 16.96.010 Purpose of chapter.
This chapter is intended to provide the regulations under which a permit or entitlement, either before or after it has been initiated, expires and the procedures for extending the time of the permit or entitlement.
(Prior code § 16-440.010)
§ 16.96.020 Expiration of permits or entitlements.
A.
New Permit or Entitlement.
1.
Permits and Entitlements. To ensure continued compliance with the provisions of this Development Code:
a.
Initiation. The use or construction for which a permit or entitlement was approved shall be initiated within 12 months from the effective date of the approval of the application and diligently pursued to completion, unless:
i.
Otherwise identified in the permit or entitlement;
ii.
By prior approval of the Director; or
iii.
A tentative map, in which case the expiration of the tentative map shall be in compliance with Section 16.188.100(B) (Time Limits, and expiration of approved tentative map).
b.
Expired. If a permit or entitlement has not been initiated in compliance with subsection (A)(1)(a) of this section (Initiation), and a time extension has not been filed in compliance with Section 16.96.030 (Extensions of time), the permit or entitlement shall be void without further action by the Review Authority.
c.
Annexation. If an application for a use, structure, or parcel that is located outside the jurisdiction of the City is approved by the City, all approvals, except General Plan amendments, prezonings, master development plans, specific plans, and precise road plans, shall expire if annexation does not occur within 12 months of the date of approval of the application. Permits and entitlements shall be initiated within 12 months of annexation in compliance with subsection (A)(1)(a) of this section (Initiation).
2.
Phased Development Projects.
a.
Two or More Phases.
i.
Identified Phases. Where the permit/entitlement provides for development in two or more phases or units in identified sequence, the permit/entitlement shall not be approved until the Review Authority has approved the final phasing plan for the entire project site.
ii.
Before Developing a Phase. The project applicant shall not be allowed to develop only a portion of the approved project without first obtaining City approval of a phasing plan for the entire project in compliance with this section.
iii.
Unidentified Phasing Plan. Approved projects, whose various elements would be built over a period of time without an identified phasing plan, shall comply with the following provisions:
b.
Conjunction with Tentative Map. If the application for the permit/entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit/entitlement shall be exercised before the expiration of the companion tentative map in compliance with Section 16.188.100(B) (Time limits and expiration of approved tentative map).
B.
Existing Permit or Entitlement.
1.
Time. A permit or entitlement, other than a use permit or tentative map, shall be considered to have expired if the use for which the permit or entitlement was granted has ceased for a continuous period of at least 12 months, unless a time extension has been filed in compliance with Section 16.96.030 (Extensions of time). Use permit expiration shall be in compliance with Section 16.168.080(E) (Validity). The tentative map expiration shall comply with Section 16.188.100(B) (Time limits and expiration of approved tentative map).
2.
Appeal. The decision by the Director that the use or activity has ceased for at least 12 successive months may be appealed to the Commission in compliance with Chapter 16.100 (Appeals). It shall be the responsibility of the applicant to provide information supporting the determination that the use had not ceased operation for 12 successive months.
(Prior code § 16-440.020)
§ 16.96.030 Extensions of time.
A.
Filing. Any request for an extension of time shall be filed by the applicant in writing with the Department on or before the date of the expiration of the permit or entitlement, together with the filing fee required by the Council's fee resolution. The burden of proof is on the permittee to establish, with substantial evidence, why the permit or entitlement should be extended.
B.
Review. The Director may:
C.
Time for Extensions. The maximum extension of a permit or entitlement, other than a tentative map, shall not exceed a total of two additional 12-month periods beyond the expiration of the original approval, unless otherwise identified in the permit or entitlement. Extension of tentative maps shall be in compliance with 16.188.100(C) (Extensions of time for tentative maps).
(Prior code § 16-440.030)
§ 16.100.010 Purpose of chapter.
This chapter is intended to provide procedures for filing appeals of the determinations and decisions by the Director or Commission.
(Prior code § 16-450.010)
§ 16.100.020 Appeal of action.
A.
Types of Appeals. The following determinations and decisions may be appealed:
B.
Appellants. The following may appeal a decision of the Review Authority.
1.
Applicant. The applicant, or the applicant's representative, may appeal a decision.
2.
Interested Parties. Any interested party may file an appeal.
3.
Director. The Director may file an appeal.
4.
City Manager. The City Manager may file an appeal.
5.
Commission Appeals. The Commission may appeal a decision rendered by the Director to itself (Commission), if:
a.
A member of the Commission files an appeal in compliance with Section 16.100.040(B) (Form of appeal);
b.
The member of the Commission filing the appeal requests that the Commission discuss the Director's decision to determine if the Commission should appeal the decision to itself; and
c.
A majority of the Commission members vote to consider appealing the decision.
6.
Council Appeals. The Council may appeal a decision rendered by the Director to the Commission or by the Commission to itself (Council), if:
a.
A member of the Council files an appeal in compliance with Section 16.100.040(B) (Form of appeal);
b.
The member of the Council requesting the appeal requests that the Council discuss the decision to determine if the Council should appeal the decision of the Commission to itself or the decision of the Director to the Commission; and
c.
A majority of the Council members vote to consider appealing the decision.
C.
Time for Filing.
1.
Director/Commission. An appeal of a decision of the Director or Commission shall be filed within 10 days of the decision of the Review Authority in compliance with this chapter. The decision shall be final in 11 days if not appealed.
2.
10-Day Period. An appeal may not be filed after expiration of the 10-day appeal period.
D.
Reconsideration. The Commission or Council may only reconsider a decision if there are four concurring votes of the Commission or Council, as applicable, to reconsider the decision and the reconsideration is held at the next public meeting of the Commission or Council, as applicable. A decision of the Director shall not be subject to reconsideration.
(Prior code § 16-450.020; Ord. 2018-01-23-1503 § II)
§ 16.100.030 Environmental determination.
§ 16.100.040 Filing and processing of appeals.
A.
Filing. Appeals shall be submitted in writing and filed with the Department for appeals to the Commission and with the City Clerk for appeals to the Council.
B.
Form of Appeal. At a minimum, the appeal application shall include the following:
C.
Scheduling. After an appeal has been received in compliance with the procedures identified in subsection A of this section (Filing), or the Commission or Council has voted to appeal, the appeal shall be transmitted to either:
D.
Consolidation of Hearings. The City may consolidate hearings on all timely filed appeal applications for the same project.
E.
Appellant is Not the Applicant. If the appellant is not the applicant, a copy of the appeal application shall be sent by the City to the applicant at the address listed on the application within seven days of its filing.
F.
Notice. If the matter originally required a noticed public hearing, the Director or City Clerk shall notice the hearing in compliance with Section 16.88.030 (Public hearing notices).
G.
Action. At the hearing, the appeal body may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal, and:
1.
Affirm or Reverse an Action. By resolution, the Commission or Council may affirm, affirm in part, or reverse the action, the decision, or determination that is the subject of the appeal. It shall take four concurring votes of the Commission to overrule or modify a decision of the Director or four concurring votes of the Council to overrule or modify a decision of the Commission;
2.
Adopt Additional Conditions. When reviewing an appeal, the appeal body may adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal; and
3.
Refer the Matter. If new or different evidence is presented on appeal, the Commission or Council, may, but shall not be required to, refer the matter to the Director, or Commission, as appropriate, for further consideration.
H.
Continuance. A request for a continuance of the scheduled appeal hearing may be requested by either the applicant or the appellant. The continuance may or may not be granted by the appeal body.
I.
Withdrawal. If the appellant withdraws the appeal, and there are no co-appellants who have filed an appeal in compliance with subsection A of this section (Filing), the appellant shall submit a written request for withdrawal to the Director. The Director shall withdraw the appeal and remove the request from any agenda and notify the applicant, if other than the appellant.
J.
Action Becomes Effective.
1.
Action of Director. An action of the Director appealed to the Commission shall not become effective until after the 10-day appeal period following final action by the Commission; the action of the Commission may be appealed to the Council.
2.
Action of Commission. An action of the Commission appealed to the Council shall not become effective until after final action by the Council.
(Prior code § 16-450.040; Ord. 2018-01-23-1503 § III)
§ 16.104.010 Purpose of chapter.
This chapter is intended to provide the procedure for changing a project that has been previously approved, including its conditions.
(Prior code § 16-460.010)
§ 16.104.020 Applicability.
A development or new land use authorized through a land development permit, planned development permit, site plan review, temporary activity permit, use permit, master development plan, or variance shall be established only as approved by the Review Authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this chapter.
(Prior code § 16-460.020)
§ 16.104.030 Types of changes.
A.
Minor Changes. Minor changes to an approved project are modifications to a project that meet one of the following criteria:
1.
Meet all of the following requirements:
a.
Are consistent with all applicable provisions of this Development Code;
b.
Do not involve a feature of the project that was a basis for the findings for the application approval;
c.
Do not involve an element of the project description, mitigation measure, or other feature of the project that was a basis for the findings in a negative declaration or environmental impact report for the subject project;
d.
Do not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the subject project or that was a specific consideration by the Review Authority in the approval of the application; and
e.
Do not result in more than a 10 percent expansion of the primary structure or use within the structure or increase the intensity of the use beyond that which was authorized by the Review Authority, do not adversely impact circulation or increase the required number of parking spaces by more than 10 percent, and do not include an expansion of the parcel. Accessory uses may be expanded provided the expansion meets applicable requirements and standards and do not create an increase in the number of required parking spaces.
2.
Are specifically identified by the Commission or Council as a minor change.
(Prior code § 16-460.030; Ord. 023-07 C.S. § 104)
§ 16.104.040 Procedure.
B.
Timing. A change may be requested either before or after construction or establishment and operation of the approved structure or use.
C.
Process. A change to an approved project shall be subject to the following:
1.
Minor Changes. Following submittal and review of a request:
a.
Decision.
i.
Director. The Director may approve the request for a minor change administratively, without a public hearing, or defer action and refer the request to the Commission.
b.
Findings. In order to approve the request, the Director, or the Commission on a referral or appeal, shall make the following findings of fact in a positive manner:
i.
The structure or use expansion would not result in a change of use;
ii.
The change to the structure or use would not have a substantial, adverse effect on adjoining properties;
iii.
The change to the structure or use would comply with the current requirements of this Development Code;
iv.
The change to the structure or use would not result in a change(s) to the project involving features described in Section 16.104.030(A)(1)(b), (c) and (d) (Minor Changes);
v.
The change to the use would not involve more than a total 10 percent increase in the overall site area covered by the existing use or intensify the use beyond that of the original approved project, adversely impact circulation or increase the required number of parking spaces by more than ten percent, or expand the parcel; and
vi.
The change to the structure or use would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
2.
Major Changes. Major changes to an approved project may only be granted:
a.
Original Review Authority. By the Review Authority approving the original permit or entitlement. The Review Authority shall conduct the same type of review process as that for the original permit or entitlement, including any noticing and hearing requirements in compliance with Chapter 16.88 (Review Procedures) and fee requirements.
b.
Findings. If the Review Authority can make the findings of fact required for the requested permit or entitlement.
(Prior code § 16-460.040)
§ 16.108.010 Purpose of chapter.
This chapter is intended to provide procedures for securing revocation or modification of previously approved applications, permits, and entitlements.
(Prior code § 16-470.010)
§ 16.108.020 Effect of revocation/modification.
A.
Revocations. The City's action to revoke a permit or entitlement, shall have the effect of terminating the permit or entitlement and denying the privileges granted by the original approval. A new application for the same or similar use shall not be filed within 12 months of the revocation being final.
B.
Modifications.
1.
The City's action to modify a permit or entitlement, rather than to revoke it, shall have the effect of changing the operational aspects of the permit or entitlement.
2.
The changes may include operational aspects (e.g., buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) and any other aspects that caused the permit or entitlement to be considered for revocation or modification in compliance with this chapter.
(Prior code § 16-470.020)
§ 16.108.030 Revocation and modification procedure.
A.
Hearings and Notice.
1.
Review. An application, permit, or entitlement may by revoked or modified by the applicable Review Authority utilizing the same procedure used to approve an application, permit, or entitlement granted in compliance with the provisions of this Development Code.
2.
Notice. 10 days before the revocation/modification process begins, notice shall be:
B.
Review Authority Action.
1.
Permits and Entitlements.
a.
Revocation and/or Modification. A land use permit or entitlement may be revoked or modified by the Review Authority that originally approved the permit or entitlement, or the equivalent City Review Authority, for permits or entitlements originally approved under the County's authority, if any one of the following findings of fact can be made in a positive manner:
i.
Circumstances under which the permit or entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner;
ii.
The permit or entitlement was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or entitlement;
iii.
One or more of the conditions of the permit have not been substantially fulfilled or have been violated;
iv.
The improvement authorized in compliance with the permit is in violation of a code, law, ordinance, regulation, or statute;
v.
The improvement/use allowed by the permit or entitlement has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance; or
vi.
There is a compelling public necessity.
b.
Modification Only. In addition to subsection (B)(1)(a) of this section (Revocation and modification procedure), a land use permit or entitlement may be modified by the Review Authority that originally approved the permit or entitlement, without the consent of the property owner or operator, if the Review Authority finds that the use or related development constitutes or is creating a nuisance or that there is a compelling public necessity.
2.
Variances. A variance may be revoked or modified by the Review Authority which originally approved the variance, if any one of the appropriate findings of fact can be made in a positive manner, in addition to those outlined in subsection (B)(1) of this section (Permits and entitlements):
a.
Revocation. Findings for revocation:
i.
Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the approval; or
ii.
One or more of the conditions of the variance have not been met, or have been violated.
b.
Modification. Findings for modification:
i.
Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has substantially exercised the rights granted by the approval; or
ii.
One or more of the conditions of the variance have not been met, or have been violated.
C.
Resubmittal. An application may not be resubmitted if revoked during the immediately preceding 12-month period, except with the permission of the Review Authority.
(Prior code § 16-470.030; Ord. 023-07 C.S. § 105; Ord. 2016-01-26-1601 C.S. § 5)
§ 16.108.040 Initiation.
A revocation and/or modification of a previously approved application, permit, or entitlement may be initiated in the following manner:
A.
Council. By the Council with referral to the Commission;
B.
Commission. By the Commission; or
C.
Director. By the Director.
(Prior code § 16-470.035; Ord. 023-07 C.S. § 106)