These provisions are intended to prescribe the procedure for filing applications for permits, appeals, amendments and approvals when required or permitted by this title. These provisions will provide the framework by which applications will be determined to be complete and permitted to be filed. (Ord. 802-14, 2-4-2014)

This section establishes and explains the processes and procedures that must be followed, and the application types required to be filed, before new land uses or modifications of existing land uses can be legally initiated.

   (A)   Adequate And Impartial Review: The city shall maintain appropriate processes and procedures to ensure that the proposed development projects are afforded an adequate and impartial review in accordance with city ordinances, resolutions, policies and standards.

   (B)   Inconsistent Application: Whenever an application that is inconsistent with the general plan and/or this title is filed, that inconsistency shall be noted as the part of the application. In addition, filing of a zoning ordinance amendment to make the original application consistent shall be filed concurrently.

   (C)   Denial Or Approval With Conditions: The approving authority for the original application may deny the application or approve it, conditioned upon obtaining the necessary change in zoning to eliminate the inconsistency prior to recordation of a final map in the instance of a division of land or prior to filing of any applications for construction permits if a division of land is not involved. (Ord. 802-14, 2-4-2014)

   (A)   Purpose And Intent: As conditions within the city change it may, from time to time, become necessary to amend the general plan to enhance its effectiveness. In addition, state law requires that the general plan be periodically reviewed and updated. The purpose of this section is to provide a method for amending the general plan to ensure its continued effectiveness.

   (B)   Authority: The city council may amend all or part of the general plan, or any element thereof. All zone districts, specific plans (for which a development agreement or vesting subdivision or parcel map has not been adopted) and any other plans of the city that are affected by a general plan amendment, and which by law must be consistent with the general plan, shall be reviewed and amended concurrently, to ensure consistency between the general plan and implementing zoning, specific plans, and other plans.

   (C)   Restriction On Number of Amendments: Elements of the general plan shall be amended no more frequently than permitted by state law.

TABLE 2.A
CONSISTENCY OF CITY ZONE DISTRICTS WITH
GENERAL PLAN LAND USE DESIGNATIONS

 

“C” denotes that zone district is consistent with the applicable general plan designation.

Key to table 2.A:

 

 

   (D)   Initiation Of Amendments to The General Plan: An amendment to the general plan or any element thereof may be initiated by any of the following actions:

      1.   A request made and approved by the planning commission to the city council;

      2.   A request made and approved by the city council;

      3.   An application from a property owner or his/her authorized agent; provided, that such application involves the development or modification of property located within the area affected by such amendment;

      4.   An application from any affected party; provided, that such application involves only revisions to the goals, objectives, policies and implementation programs of the general plan; or

      5.   A request made by the planning director to the planning commission subject to approval by the planning commission.

   (E)   Authority And Hearings: Authority for approval of general plan amendments shall be vested in the city council. The planning commission shall forward recommendations to the city council regarding general plan amendments.

      1.   Planning Commission Review:

         (a)   Following receipt, in proper form, of a completed amendment application or duly adopted resolution and completion of required environmental review, a public hearing before the planning commission shall be noticed and held.

         (b)   The planning commission shall make a written recommendation on the proposed amendment to the city council to approve, approve in modified form, or disapprove.

      2.   City Council Review And Action: A public hearing before the city council shall be noticed and held after a recommendation is made by the planning commission to approve a proposed general plan amendment, appeal of a decision by the planning commission to approve or disapprove a proposed general plan amendment, in accordance with the provisions of section 6-2-16 of this chapter, or a discussion by the city council or any of its members to hear the matter. The city council may approve, approve with modifications, or disapprove any such proposed amendment. Prior to city council action, any substantial modification proposed by the city council that was not previously considered by the planning commission shall first be referred to the planning commission for consideration and recommendation. Failure of the planning commission to report within forty-five (45) calendar days, or within the time period set by the city council, shall be deemed a recommendation for approval.

   (F)   Required Findings: An amendment to the general plan shall not be approved unless all of the following findings are made:

      1.   The proposed amendment is consistent with the goals, objectives, policies and programs of the general plan, or with the general plan as revised by the proposed amendment, and will not result in any internal inconsistencies within the general plan; and

      2.   The proposed amendment will not adversely affect the public health, safety or general welfare; and

      3.   The proposed amendment is consistent with the purposes and intent of this title, unless such amendment proposes to change, supplement or alter any part of this title, whereas said amendment must be consistent with all applicable sections, including these findings; and

      4.   The potential environmental impacts of the proposed amendment are insignificant, have been mitigated, or there are overriding considerations that outweigh the potential impacts. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

   (A)   Purpose And Intent: This section establishes the procedures for amending zone district regulations and boundaries, as well as other provisions of this title. The amendment process is necessary to provide and ensure consistency between this title, the general plan and state law, to increase the effectiveness of this title, and to improve clarity in implementing general plan goals, objectives and policies.

   (B)   Zoning Ordinance Amendments And Other Provisions: An amendment to zone district regulations and boundaries or other provisions of this title may be initiated by any of the following actions:

      1.   A request made and approved by the planning commission;

      2.   A request made and approved by the city council;

      3.   A request made by the planning director to the planning commission, subject to approval by the planning commission;

      4.   An application from a property owner or his/her authorized agent; provided, that such application involves the development or modification of property located within the area affected by such amendment; or

      5.   An application from any affected party; provided, that such application involves only revisions to the text of this title and does not require redistricting of properties for which the affected party is not the owner or the authorized representative of the owner.

   (C)   Authority: Authority for approval of amendments to this title, including amendments to the official zoning map, shall be vested in the city council. The planning commission shall forward recommendations to the city council regarding such amendments.

      1.   Planning Commission Review:

         (a)   A public hearing before the planning commission shall be noticed and held within the time limits specified by state law, after an initiated application is deemed complete and after required environmental documentation has been completed. A longer period of time may be prescribed by the city council in the case of a city initiated amendment.

         (b)   The planning commission shall recommend to the city council an approval, approval with modifications, or shall disapprove the proposed amendment.

         (c)   A planning commission action disapproving a proposed amendment, regardless of how such amendment was initiated, shall be final unless appealed pursuant to the appeal provisions of section 6-2-20 of this chapter.

      2.   City Council Review And Action: A public hearing before the city council shall be noticed and held within sixty (60) days after a recommendation by the planning commission to approve a proposed amendment to this title or to the official zoning map, or appeal of a decision by the planning commission to approve or deny a proposed amendment to this title or to the official zoning map. The city council may approve, approve with modifications, or disapprove any proposed amendment. Prior to city council action, any modification not previously considered by the planning commission may first be referred to the planning commission for a recommendation. The proposed modification shall be deemed approved by the planning commission should the planning commission fail to review the proposed modification within the time limits established by the city council.

   (D)   Required Findings: All of the following findings shall be made prior to the adoption of any amendment to this title, including amendments to the official zoning map:

      1.   The proposed zoning ordinance amendment is consistent with the goals, objectives, policies and programs of the general plan and is necessary and desirable to implement the provision of the general plan; and

      2.   The proposed zoning ordinance amendment will not adversely affect the public health, safety and welfare, or result in an illogical land use pattern; and

      3.   The proposed zoning ordinance amendment is consistent with the purpose and intent of the remainder of this title not under consideration; and

      4.   The proposed zoning ordinance amendment would not result in a significant effect on the environment, the environmental impacts have been mitigated, or there are overriding considerations that outweigh the potential impacts.

   (E)   Prezoning:

      1.   For the purpose of establishing zoning regulations that would become effective upon annexation, property outside the corporate boundaries of the city, but within the sphere of influence, may be classified within one or more zone districts in the same manner and subject to the same procedural requirements as prescribed herein for the properties within the city.

      2.   Upon passage of an ordinance establishing the applicable prezoning designation for property outside the city, the official zoning map shall be revised to identify the zone districts applicable to such property with the label “pre” in addition to such other map designations as may be applicable. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

   (A)   Purpose And Intent: A conditional use permit is intended to control the establishment of those uses that have some special impact or uniqueness, such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The conditional use permit application provides for the review of the location and design of the proposed use, configuration of improvements, potential impact on the surrounding area from the proposed use, and the evaluation of the use based on fixed and established standards. The review also determines whether the proposed use should be permitted by weighing the public need for and benefits to be derived from the use against any adverse impact it may cause.

   (B)   Authority: Authority for approval of conditional use permits shall be vested in the planning commission.

   (C)   Application: An application for a conditional use permit shall be filed with the planning and community development department in a manner prescribed by the planning director.

   (D)   Public Hearing: The planning commission shall consider each application for a conditional use permit at a noticed public hearing.

   (E)   Findings: Following review and consideration of an application, the planning commission, or the city council on appeal, may approve a conditional use permit application in whole or in part, with or without conditions, provided the planning commission prepares a written decision which contains the findings of fact upon which the planning commission’s decision is based. In preparing this written decision, all of the following findings of fact must be made in an affirmative manner:

      1.   The proposed use is permitted within the subject zone district pursuant to the provisions of this section, complies with all applicable provisions of this title, is consistent with the goals, policies and objectives of the general plan, and is consistent with the applicable development policies and standards of the city; and

      2.   The proposed use would not impair the integrity and character of the zone district in which it is to be established or located; and

      3.   The site is suitable for the type and intensity of use or development proposed; and

      4.   There are adequate provisions for water, sanitation, public utilities and services to ensure public health and safety; and

      5.   The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity; and

      6.   The proposed use would not result in a significant effect on the environment, unless overriding considerations outweigh the potential impacts.

   (F)   Conditions Of Approval: In granting a conditional use permit, the planning commission, or the city council on appeal, shall require that the use and development of the property conform with the site plan, architectural drawings, statements submitted in support of the application, and with such modifications thereof as may be deemed necessary to protect the public health, safety, and general welfare and to secure the objectives of the general plan. The planning commission, or the city council on appeal, may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to, the following matters:

      1.   Requirements for setbacks, yard areas and open spaces.

      2.   Fences, walls, buffers and screening.

      3.   Parking, parking areas and vehicular ingress and egress in addition to the minimum requirements of chapter 14 of this title.

      4.   Landscaping and maintenance of landscaping and grounds.

      5.   Regulations of signs.

      6.   Control of noise, vibration, odors and other potentially dangerous or objectionable elements.

      7.   Limits on hours of operation or duration of approval.

      8.   Time period within which the proposed use shall be developed.

      9.   Requirements for street improvements and dedications.

      10.   Building design and elevations.

      11.   Such other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this title.

      12.   Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the administering agency.

      13.   Requirements for periodical review by the planning commission, and such other conditions as the planning commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety and welfare, and to enable the planning commission to make the findings required by subsection (E) of this section.

   (H)   Revisions/Modifications: Requests to revise or modify an approved conditional use permit may be requested by the applicant or the planning commission.

      1.   Revisions/Modifications Requested by Applicant: A revision or modification to an approved conditional use permit, including, but not limited to, change in conditions, expansions, intensification, location, hours of operation or change of ownership, may be requested by an applicant. The applicant shall supply necessary information as determined by the planning director to indicate reasons for the requested change. The requested revision or modification shall be processed in the same manner as the original conditional use permit, unless determined by the Planning Director to be in substantial conformance per section 6-2-5 (H)(3) below, at which time the Planner Director can ministerially process the revision or modification.

      2.   Review by The Planning Commission: The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. If, after review, the planning commission deems that there is sufficient evidence to warrant a full examination, a public hearing date shall be set. At such public hearing, the planning commission may modify or revoke the conditional use permit pursuant to the provisions of this title.

      3.   Substantial Conformance: Changes to an approved conditional use permit that are determined by the planning director to be de minimis as defined below and in conformance with previously approved plans can be approved under a substantial conformance finding. This determination may be appealed to the planning commission by a stakeholder with a substantiated interest. The Director must make the following findings in order to determine substantial conformance:

         (a)   The proposed amendment will not adversely affect the public health, safety or general welfare; and

         (b)   The proposed amendment is consistent with the goals, objectives and policies of the general plan, or any applicable specific plan; and

         (c)   The proposed amendment is consistent with the purposes and intent of this title, unless such amendment proposes to change, supplement or alter any part of this title, whereas said amendment must be consistent with all applicable sections, including these findings; and

         (d)   The previously approved use will continue as the primary use and any new proposed uses will be ancillary to the primary approved use.

         (e)   The proposed amendment does not increase the square footage of the previously approved use by more than 15%.

         (f)   The potential significant environmental impacts of the proposed amendment are insignificant or considered exempt, remain covered by a previously filed environmental determination, have been mitigated, or there are overriding considerations that outweigh the potential impacts. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

   (A)   Purpose And Intent: The purpose of a variance is to provide for equity in use of property, and to prevent unnecessary hardships that might result from a strict or literal interpretation and enforcement of certain regulations prescribed by this title.

   (B)   Authority: The authority to grant a minor variance shall be vested with the planning director. The authority to grant a major variance, as defined in subsection (D) of this section, shall be vested with the planning commission.

      1.   A variance from the terms of the regulations of this title shall be granted only when it is demonstrated that the strict application of the zoning regulations deprives such property of privileges enjoyed by other properties in the general vicinity and in the same zone district due to special circumstances applicable to the property in question, including size, shape, topography, location or surroundings. Consequently,

      2.   a variance to a zoning regulation prescribed by this title may be granted with respect to development standards, including, but not limited to, walls, fences, screening and landscaping, site area, width and depth, coverage, front, side and rear yards, height of structures, usable open space, and on street and off-street parking and loading facilities.

      3.   In approving a variance, the planning director and planning commission may impose reasonable conditions of approval.

      4.   Should the planning director deny, modify or condition the variance sought pursuant to this section, the planning commission may hear the minor variance on appeal.

   (C)   Minor Variances: The planning director may approve requests for minor variances to modify the following requirements of this title:

      1.   Minor parking lot improvements.

      2.   Up to thirty percent (30%) of parking and loading space requirements, not to exceed two (2) spaces.

      3.   Up to twenty percent (20%) of front yard setback requirements.

      4.   Up to forty percent (40%) of side yard setback requirements, but no closer than three feet (3') from the side property lines.

      5.   Up to twenty five percent (25%) of rear yard setback requirements, but not closer than five feet (5') from the rear property line.

      6.   Up to ten percent (10%) of lot area requirements, excluding lot area and dimension requirements.

      7.   Up to ten percent (10%) of the maximum building coverage requirements.

      8.   Up to ten percent (10%) of maximum gross floor area requirements.

   (D)   Major Variances: Any request for a variance other than a minor variance shall be termed a major variance, and shall be reviewed and acted upon by the planning commission.

   (E)   Required Findings: The planning commission and/or the planning director shall make all the following findings in a decision to grant a variance request:

      1.   Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship, excepting financial hardships, not otherwise shared by others within the surrounding area or vicinity; and

      2.   There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the vicinity and under the same zoning classification; and

      3.   The strict interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and under the same zoning classification; and

      4.   The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and under the same zoning classification; and

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

      6.   The granting of the variance is consistent with the objectives and policies of the general plan and the intent of this title.

   (F)   Conditions: In granting a variance the planning commission, or the city council on appeal, shall require that the use and development of the property conform with the site plan, architectural drawings, statements submitted in support of the application, and with such modifications thereof as may be deemed necessary to protect the public health, safety, and general welfare, and to secure the objectives of the general plan. The planning commission, or the city council on appeal, may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to, the following matters:

      1.   Requirements for open spaces, fences, walls, landscaping, screening buffers, erosion control measures and flood control measures, including maintenance thereof;

      2.   Requirements for dedications and street improvements;

      3.   Regulation of vehicular ingress and egress and traffic circulation;

      4.   Regulation of hours of operation and such other conditions deemed necessary to ensure compatibility with surrounding land uses to preserve the public health, safety and welfare. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

   (A)   Purpose And Intent: A temporary land use permit is intended to function in much the same manner as a conditional use permit, but shall be subject to time limitations regarding the length of time said temporary land use permit remains effective. The temporary land use permit is intended to control the establishment of those uses that have some special impact or uniqueness, such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The temporary land use permit application provides for the review of the location, length of time, and design of the proposed use, configuration of improvement, potential impact on the surrounding area from the proposed use, and the evaluation of the use based on fixed and established standards. The review also determines whether the proposed use should be permitted by weighing the public need for and the benefits to be derived from the use against any adverse impact it may cause.

   (B)   Authority: Authority for approval of temporary land use permits shall be vested in the planning commission.

   (C)   Application: An application for a temporary land use permit shall be filed with the planning and community development department in a manner prescribed by the planning director.

   (D)   Public Hearing: The planning commission shall consider each application for a temporary land use permit at a noticed public hearing.

   (E)   Findings: Following review and consideration of an application, the planning commission, or the city council on appeal, may approve a temporary land use permit application in whole or in part, with or without conditions, provided the planning commission prepares a written decision which contains the findings of fact upon which the planning commission’s decision is based. In preparing this written decision, all of the following findings of fact must be made in an affirmative manner:

      1.   The proposed use is permitted within the subject zone district pursuant to the provisions of this section, complies with all applicable provisions of this title, is consistent with the goals, policies and objectives of the general plan, and is consistent with the applicable development policies and standards of the city; and

      2.   The proposed use would not impair the integrity and character of the zone district in which it is to be established or located for the length of time that the land use permit is effective; and

      3.   The site is suitable for the type, intensity of use or development, and length of time; and

      4.   There are adequate provisions for water, sanitation, public utilities and services to ensure public health and safety; and

      5.   The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity; and

      6.   The proposed use would not result in a significant effect on the environment, unless overriding considerations outweigh the potential impacts.

   (F)   Conditions Of Approval: In granting a temporary land use permit, the planning commission, or the city council on appeal, shall require that the use and development of the property conform with the site plan, architectural drawings, statements submitted in support of the application, and with such modifications thereof as may be deemed necessary to protect the public health, safety and general welfare, and to secure the objectives of the general plan. The planning commission, or the city council on appeal, may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to, the following matters:

      1.   Requirements for setbacks, yard areas and open spaces.

      2.   Fences, walls, buffers and screening.

      3.   Parking, parking areas, and vehicular ingress and egress in addition to the minimum requirements of chapter 14 of this title.

      4.   Landscaping and maintenance of landscaping and grounds.

      5.   Regulations of signs.

      6.   Control of noise, vibration, odors and other potentially dangerous or objectionable elements.

      7.   Limits on hours of operation or duration of approval.

      8.   Time period within which the proposed use shall be developed.

      9.   Requirements for street improvements and dedications.

      10.   Use of land, building design and elevations.

      11.   Such other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this title.

      12.   Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the administering agency.

      13.   Requirements for periodical review by the planning commission, and such other conditions as the planning commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety and welfare, and to enable the planning commission to make the findings required by subsection (E) of this section.

   (G)   Revisions/Modifications: Requests to revise or modify an approved temporary land use permit may be requested by the applicant or the planning commission.

      1.   Revisions/Modifications Requested By Applicant: A revision or modification to an approved temporary land use permit including, but not limited to, change in conditions, expansions, intensification, location, hours of operation, change of ownership, or length of time permitted may be requested by an applicant. The applicant shall supply necessary information as determined by the planning director to indicate reasons for the requested change. The requested revision or modification shall be processed in the same manner as the original land use permit.

      2.   Review By The Planning Commission: The planning commission may periodically review any temporary land use permit to ensure that it is being operated in a manner consistent with conditions of approval or in an manner not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. If, after review, the planning commission deems that there is sufficient evidence to warrant a full examination, a public hearing date shall be set. At such public hearing, the planning commission may modify or revoke the temporary land use permit pursuant to the provisions of this title. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

Development agreements may be entered into and implemented by the city pursuant to the following procedures:

   (A)   Purpose:

      1.   The legislature of the state of California adopted Government Code section 65864 et seq., authorizing local governments to enter into development agreements with applicants for development projects. Under appropriate circumstances, development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services and the allocation of costs, therefor, in order to achieve the maximum utilization of public and private resources in the development process, and assure, to the extent feasible, that appropriate measures to enhance and protect the environment of the city are achieved.

      2.   The objective of such an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in accord with existing policies, rules and regulations, subject to the conditions of approval, thus vesting certain development rights in the property. Development agreements will also ensure that all conditions of approval, including the construction of off site improvements made necessary by such land developments, will proceed in an orderly and economical fashion to the benefit of the city. The purpose of this section is to establish procedures and requirements for consideration of development agreements by the city consistent with state law.

   (B)   Application Requirements And Forms:

      1.   Form Of Application: An applicant may propose that the city consider entering into a development agreement pursuant to California Government Code article 2.5, title 7, commencing with section 65864, by filing an application with the planning and community development department and demonstrate that the project satisfies the eligibility requirements of this section. The form of said application shall be provided by the planning director.

      2.   Applicant: An application may be filed only by the property owner or other person having a legal or equitable interest in the property that is the subject of the development agreement or by that person’s authorized agent. The term “applicant” shall also include any successor in interest to the property owner, or successor in interest to any other person having a legal or equitable interest in the property.

      3.   Eligibility Requirements: The city council finds that it may be in the city’s best interest to enter into a development agreement when construction of the project will be phased over a several year period, is a large scale development, shall occupy substantial acreage, or in some other way requires long term certainty on the part of the developer and the city. The city council reserves the sole right to determine whether a development agreement is appropriate and in the best interest of the city for a specific development project.

   (C)   Proposed Development Agreement:

      1.   Each application shall be accompanied by a proposed development agreement, which shall specify the duration of the agreement, the permitted uses of the property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes.

      2.   A proposed development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not unreasonably prevent development of the land for the uses and to the density or intensity of the development set forth in the agreement. A proposed development agreement may also provide that construction shall be commenced within a specified time, and that the project or any phases thereof be completed within a specified time.

      3.   A program and standards for periodic review of the development agreement shall be included.

      4.   Appropriate provisions, acceptable to the city attorney, providing security for the performance of the developer under the development agreement shall be included.

      5.   A development agreement shall include all conditions imposed by the city with respect to the development project, including those conditions required as a result of any environmental review prepared under the California environmental quality act. Agreements for special purposes may be adopted covering only certain aspects of the project. Any such special purpose development agreement shall be identified as such.

      6.   All development agreements shall contain an indemnity and insurance clause, in form and substance acceptable to the city attorney, requiring the developer to indemnify the city against claims arising out of the development process; provided, that such a provision does not violate applicable law or constitute a joint venture, partnership or other participation in the business affairs of the developer by the city.

      7.   All development agreements, or any part of such development agreements, may be subject to subsequent condemnation proceedings by the city.

      8.   A proposed agreement may include such additional conditions, terms, restrictions or requirements as determined by the planning commission or city council to be in the public interest.

   (D)   Parties To The Development Agreement:

      1.   Only a qualified applicant may file an application to enter into a development agreement with the city. The planning director may require an applicant to submit proof of this interest in the real property and of the authority of the agent to act for the applicant. Such proof may include a preliminary title report issued by a title company licensed to do business in the state of California evidencing the requisite interest of the applicant in the real property. Before processing an application, the planning director may obtain the opinion of the city attorney as to the sufficiency of the applicant’s interest in the real property to enter into a development agreement as a qualified applicant.

      2.   In addition to the city and the qualified applicant, any federal, state or local government agency or body may be included as a party to any development agreement. Any such additional party may be made a party to a development agreement pursuant to the provisions of the joint exercise of powers act, Government Code section 6500 et seq., providing for joint powers agreements, or provisions of other applicable federal, state or local law, in order to create a legally binding agreement among such parties.

   (E)   Review Of Application:

      1.   Endorsement: The planning director shall endorse the application on the date it is received. The application shall be reviewed and may be rejected if it is incomplete or inaccurate. If the application is complete, it will be accepted for filing. The planning director shall review the application and determine any additional requirements necessary to complete the agreement form. After receiving the required information, a staff report and recommendation shall be prepared which will state whether the development agreement, as proposed or in an amended form (specifying the nature of the amendments), would be consistent with the general plan and any applicable specific plan, and with the provisions contained herein, and whether it meets the needs and requirements of the city.

      2.   Review and Recommendations: The planning director shall, as part of his review of the application, circulate copies of a proposed development agreement to those city departments and other agencies having jurisdiction over the development project to be undertaken pursuant to the development agreement, for review and comment by such city agencies. The proposed development agreement shall be reviewed for legal sufficiency and a proposed ordinance authorizing the city to enter into the development agreement, for action by the city council upon hearing thereof, as specified herein, shall be prepared. The staff report and recommendation of the planning director shall include any appropriate recommendations received by other agencies.

      3.   Environment Review: The planning director shall, at the applicant’s expense and in accord with the city procedures for implementation of the California environmental quality act, undertake environmental review and, upon completion of such review, transmit the application, together with a recommendation thereon, to the planning commission.

      4.   Public Hearing: Upon receipt of the application, the results of the environmental review, and the recommendations of the planning director, the planning commission shall schedule a public hearing. Notice of intention to consider the application shall be given as provided in California Government Code sections 65090 and 65091, and as provided for in section 6-2-16 of this chapter. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project.

      5.   Review Standard: The planning commission may recommend use of a development agreement as a method of implementing or providing standards and criteria for any development approval, including, but not limited to:

         (a)   A development approval pursuant to this title;

         (b)   An amendment to the general plan;

         (c)   The formation of an assessment district, benefit district, maintenance district, special benefit district or any other mechanism for the installation of required on site and/or off-site improvements; and/or

         (d)   Mitigation measures imposed upon a development project after approval of an environmental impact report or mitigated negative declaration in which such mitigated measures have been proposed as a mechanism for eliminating or reducing environmental impacts.

      6.   Recommendation of The Planning Commission: Following the public hearing, the planning commission shall recommend to the city council to approve, approve with modifications, or disapprove the proposed development agreement. The recommendation shall include the planning commission’s determination as to whether the proposed development agreement meets the following criteria:

         (a)   It is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan;

         (b)   It is compatible with the uses authorized in, and the regulations prescribed for, the zone district in which the real property is or will be located;

         (c)   It is in conformity with and will promote public convenience, general welfare and good land use practice;

         (d)   It will not be detrimental to the health, safety and general welfare, or materially injurious to properties and improvements in the vicinity;

         (e)   It will not adversely affect the orderly development of property or the preservation of property values; and

         (f)   It will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.

   (F)   Hearing By City Council:

      1.   Adoption By Ordinance: A development agreement is a legislative act, and shall be enacted by ordinance only after a public hearing before the city council is held pursuant to the procedures described herein. The ordinance shall refer to and incorporate by reference the text of the development agreement.

      2.   Conduct Of Hearing: At the hearing, the city council shall consider the planning commission’s recommendation, together with any additional public testimony, and may approve, disapprove, or modify any recommendation of the planning commission. If public testimony is presented on an issue that was not considered by the planning commission, the city council may refer the issue back to the planning commission for further hearings and recommendations.

      3.   Consistency With The General Plan And Any Specific Or Policy Plans: Before the city council may approve a development agreement, it must find that its provisions are consistent with the general plan and any applicable specific plans or policy plans of the city. If the city council approves a development agreement in the form recommended by the planning commission, without further findings, it shall be deemed to have also adopted the findings of the planning commission.

      4.   Execution Of Development Agreement: If the city council adopts an ordinance approving a development agreement, the parties thereto shall execute the development agreement within thirty (30) calendar days after adoption of the ordinance; provided, however, that the development agreement shall not become effective until the ordinance authorizing the development agreement also becomes effective. The time for executing the agreement may be extended by the mutual consent of the city council and the applicant.

      5.   Recordation: Within ten (10) calendar days after the city enters into a development agreement, the city clerk shall have the agreement recorded with the Kern County recorder as required in Government Code section 65868.5. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code section 65868, or if the city determines or modifies the agreement as provided in Government Code section 65865.1 for failure of the applicant to materially comply in good faith with the terms or conditions in the agreement, the city clerk shall have notice of such recorded with the Kern County recorder.

   (G)   Periodic Review:

      1.   Review: The city shall periodically review a development agreement at least once every twelve (12) months after the city enters into a development agreement.

      2.   Good Faith Compliance: Not less than forty-five (45) nor more than sixty (60) calendar days prior to the yearly anniversary of the date a development agreement was entered into, the applicant shall submit evidence to the planning director of the applicant’s good faith compliance with the development agreement. Said notification shall be accompanied by a processing fee in such amount as may hereinafter be established by resolution of the city council.

      3.   Finding of Compliance: If the planning director finds good faith compliance by the developer with the terms of a development agreement, a certificate of compliance shall be issued, which shall be in recordable form and may be recorded by the developer in the official records. The issuance of a certificate of compliance by the planning director and the expiration of the appeal period hereinafter specified without appeal, or the confirmation by the city council of the issuance of the certificate on such appeal, shall conclude the review for the applicable period and such determination shall be final.

      4.   Finding of Noncompliance: If, based on substantial evidence, the planning director finds the developer has not complied in good faith with the terms of a development agreement, the respects in which the developer has failed to comply shall be specified in writing. The planning director shall also specify a reasonable time for the developer to meet the terms of compliance. If such areas of noncompliance are not corrected within the reasonable time limits as prescribed by the planning director, the development agreement shall be subject to cancellation pursuant to provisions herein.

      5.   Appeal of Determination: Any interested person may file an appeal of the issuance of a certificate of compliance to the city council within ten (10) days after the certificate’s issuance. The developer may also file an appeal to the city council of a finding of noncompliance by the planning director within ten (10) days after giving notice of such determination. All appeals before the city council shall be conducted pursuant to the provisions of section 6-2-20 of this chapter, at which time evidence shall be taken and findings thereon made.

      6.   Referral to The Planning Commission: The planning director may refer any review to be conducted hereunder to the planning commission. Such referral shall be made, together with a staff report of the planning director’s preliminary findings. Upon such referral, the planning commission shall conduct a noticed public hearing to determine the good faith compliance by the developer with the terms of the development agreement in accordance with the provisions contained herein, and shall direct the issuance of a certificate of compliance upon a finding of good faith compliance, or make the determination of noncompliance based on substantial evidence.

   (H)   Cancellation Or Modification:

      1.   Any development agreement may be canceled or modified by mutual consent of the parties, but only in the manner provided in California Government Code section 65868. Any proposal to cancel or modify a development agreement shall be heard and determined in accordance with the same procedures specified by this section for approval of a development agreement.

      2.   If, at any time during the term of a development agreement, the planning commission or the planning director finds, on the basis of substantial evidence, that the developer has not complied in good faith with the terms and conditions of the development agreement, and such noncompliance has not been corrected, the planning commission or the planning director shall, pursuant to the notice provisions of this chapter, request that the city council conduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the development agreement. The burden of proof of substantial evidence of compliance by the developer is upon the developer. If such compliance cannot be shown, the city council shall either commence proceedings to cancel the development agreement or recommend new terms and conditions intended to remedy the noncompliance.

      3.   The city council shall conduct a noticed hearing, upon the recommendations of the planning commission or the planning director, at which time the developer and any other interested persons shall be entitled to submit such evidence and testimony as may be germane to the issue of the developer’s good faith compliance with the terms of the development agreement. If the city council finds, based on substantial evidence, noncompliance with the terms and conditions of the development agreement, it may either cancel the development agreement upon giving sixty (60) days’ notice to the developer or, in its discretion, may allow the development agreement to be continued by imposition of new terms and conditions intended to remedy such noncompliance. The city council may impose such conditions to the action it takes as it considers necessary to protect the interest of the city. The decision of the city council shall be final.

      4.   In the event that a development agreement should be canceled or otherwise terminated, unless otherwise agreed, all rights of the developer, property owner or successors in interest under the development agreement shall terminate. Any and all benefits, including money or land, received by the city shall be retained by the city. Notwithstanding the above provision, any termination of the development agreement shall not prevent the developer from completing and occupying a building or other improvements authorized pursuant to a valid building permit previously approved by the city or under construction at the time of termination, but the city may take any action permitted by law to prevent, stop or correct any violation of law occurring during and after construction, and the developer or any tenant shall not occupy any portion of the project or any building not authorized by a previously issued building permit. As used herein, “construction” means work under a valid building permit, and “completing” means completion for beneficial occupancy for developer’s use, or if a portion of the project is intended for use by a lessee or tenant, then for such portion. “Completion” means completion, except for interior improvements such as partitions, duct and electrical run outs, floor coverings, wall coverings, lighting, furniture, trade fixtures, finished ceilings and other improvements typically constructed by or for tenants of similar buildings. At such time uses shall, to the extent possible, be deemed nonconforming uses, and shall be subject to the nonconforming use provisions of this title.

   (I)   Miscellaneous Provisions:

      1.   All development agreements shall be subject to the regulation and requirements of the laws of the state of California; the constitution of the United States; any codes, statutes or executive mandates; and any court decision, state or federal, thereunder. In the event that any such law, code, statute, mandate or decision made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, such provisions of the development agreement shall be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such law, code, statute, mandate or decision.

      2.   A development agreement entails and consists of a separate procedure from other land use planning procedures and shall not take the place of this title, the general plan, a conditional use permit, subdivision approval, building permit, or any other city development procedures. If so specified in a development agreement, it shall constitute an approval pursuant to such planning procedures as if separately enacted under other provisions of this title or other city ordinances; to the extent practicable, public hearings on a proposed development agreement shall be held concurrent with the public hearings on all related land use approvals, and all such approvals shall be made concurrent with the approval of the development agreement.

      3.   When approved, a development agreement and any development control maps and all notations, references and regulations that are a part of the development agreement shall be part of the development agreement ordinance. Development control maps include, but are not limited to, regulations intended to carry out any plan respecting location or type of activities; height, bulk, siding or design of structures; location or design of open areas; and landscaping and other comparable regulations.

      4.   This section and any subsequent development agreement with respect to any development agreement enacted under this chapter, any provision of such a development agreement that is in conflict with this title shall be void. Unless otherwise provided by the development agreement, the city’s rules, regulations and official policies governing permitted uses of land, governing density and governing design, improvement and construction standards and specifications applicable to development of the property subject to a development agreement shall be those city rules, regulations and official policies in force at the time of the approval of the development agreement by the city council; provided, however, the developer is subject to all increases in city imposed fees, dedication requirements and charges with respect to subsequent applications for development and construction within the property subject to a development agreement. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

   (A)   Purpose And Intent:

      1.   Reasonably ensure that construction of new buildings or structures and additions, renovations and restorations to existing buildings or structures, including residential, institutional, commercial and industrial development (referred hereinafter in this section as “development”) does not have an adverse aesthetic, health, safety or architecturally related negative impact upon existing adjoining properties, or the city in general.

      2.   Ensure appropriate site planning techniques in order to promote future development of adjacent properties by providing for such techniques as reciprocal access, integrated parking, building and siting.

      3.   Minimize the effects of grading by discouraging mass grading to ensure that the natural character of terrain is retained.

      4.   Encourage improved drainage from lots directly to a street storm drain, or through public or privately maintained easements.

      5.   Encourage the use of a variety of housing styles, split level grading techniques, varied lot sizes, site design densities, varied setbacks, maintenance of views and arrangement, and spacing to reduce impacts on adjacent developed properties.

      6.   Encourage the use of energy conservation techniques in all new development.

      7.   Assist private and public developments to be more cognizant of public concerns for the aesthetics of development.

   (B)   Authority: Authority for approval of site plan review/design review shall be vested in the planning commission. In the case of residential development, if findings can be made that the project complies with the design and land use objectives and standards set forth in Chapter 4 of this Title or an approved specific plan, the authority for preliminary approval shall be vested in the planning director.

   (C)   Director’s Site Plan Approval: Per Section 6-2-9(B), where a site plan is found to comply with the design and land use objectives of Chapter 4 or an approved specific plan, authority for preliminary approval of site plan review/design review shall be vested in the planning director. The following shall apply:

      1.   Notice of its preliminary approval shall be sent to all property within 300' and to other interested parties to the project.

      2.   A request for review and hearing by the Planning Commission of the Director’s preliminary decision can be requested by those parties in writing within 14 days of the Director’s decision. The hearing before the planning commission must be scheduled within 30 days of receipt of the review request.

      3.   The hearing date can be extended upon approval of the project applicant.

      4.   The Director’s decision can only occur when CEQA review has been completed and it has been determined that the site plan is consistent with the applicable adopted CEQA document.

   (D)   Application: An application for a site plan review/design review shall be filed with the planning and community development department in a manner prescribed by the planning director.

   (E)   Public Hearing: The planning commission shall consider each application for a site plan review/design review at a noticed public hearing unless the project meets the requirements for directors’ approval per Section 6-2-9(B) of this title.

   (F)   Findings: Following review and consideration of an application, the planning director, planning commission, the city council on appeal, may approve a site plan review/design review application in whole or in part, with or without conditions, provided the planning commission prepares a written decision which contains the findings of fact upon which the planning commission’s decision is based. In preparing this written decision, all the following findings of fact must be made in an affirmative manner:

      1.   The proposed use is permitted within the subject zone district pursuant to the provisions of this section, complies with all applicable provisions of this title, is consistent with the goals, policies and objectives of the general plan, and is consistent with the applicable development policies and standards of the city; and

      2.   The proposed use would not impair the integrity and character of the zone district in which it is to be established or located; and

      3.   The site is suitable for the type and intensity of use or development proposed; and

      4.   There are adequate provisions for water, sanitation, public utilities and services to ensure public health and safety; and

      5.   The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity; and

      6.   The proposed use would not result in a significant effect on the environment, unless overriding considerations outweigh the potential impacts.

      7.   For projects that fall under Director’s Site Plan Approval per Section 6-2-9(C), the Director finds with certainty the project is consistent with the land use and design criteria outlined in Chapter 4 or within an approved specific plan.

   (G)   Objective Design Criteria: Development that seeks to utilize the Director’s Site Plan Approval shall comply with all applicable Objective Design Standards contained within Chapter 4 (Residential) or Chapter 5 (Commercial). All other approvals should seek to comply with the Objective Design Standards in the above referenced Chapters.

      1.   Exceptions to some design criteria may be allowed on condition that the Director identifies an appropriate alternative providing an equal or better design result.

   (H)   Design Criteria (Nonresidential):

      1.   The design and layout of a proposed development shall be consistent with the general plan, the provisions of this title and any adopted architectural criteria for specialized areas, such as designated historic districts, theme areas, specific plans or planned developments.

      2.   New, renovated or remodeled developments shall demonstrate that the following general design criteria have been integrated into the design and layout of the proposed development:

         (a)   Establish an architectural and siting design theme that is compatible with surrounding existing and planned development that includes the following elements:

            (1)   A relationship to prominent design features existing in the immediate area (i.e., trees, landform, key elements of adjacent development, etc.);

            (2)   A relationship to existing structures and neighborhood character. This includes prohibiting any device being or resembling security bars, gates or other similar security devices from being placed over or on windows or doors on the exterior of any building, or the interior of any building if visible from a public street or public right of way; excepting doors and windows on the ground level portion of the rear of a building facing an alley;

            (3)   A relationship to the natural environment (i.e., washes, native vegetation and community landscaping).

         (b)   Design the development to create pleasing transitions to and from surrounding development by incorporating the following elements:

            (1)   The bulk of new structures relates to the prevailing or planned scale of adjacent development;

            (2)   Setbacks from streets and adjacent properties relate to the scale of the structure and the function of the street and encourage pedestrian scale and uses; and

            (3)   Tall structures are made less imposing by physically stepping them back from the street.

         (c)   Respect the identified views and view corridors of existing developments to the greatest extent possible. Where applicable, view corridors oriented toward such existing or proposed community amenities, such as parks, open space or natural features, are to be enhanced.

         (d)   Create subtle variations in architectural and landscape components that provide visual interest, but do not create abrupt changes or cause discord in the overall character of the neighborhood.

         (e)   Provide appropriate transitions between different projects by providing buffer areas, landscaping and other similar treatments (e.g., hedges, walls, fences, berms or landscaped open space).

         (f)   Provide a harmonious appearance of the development with the surrounding environment and existing developments based on the compatibility of individual structures rather than one specific style of architecture.

         (g)   Avoid uninterrupted fences and walls, unless they are needed for specific screening, safety or sound attenuation purpose. Where needed, fences or walls shall be required to:

            (1)   Relate to the site being developed as well as surrounding developments, open spaces, streets and pedestrianways;

            (2)   Respect existing view corridors to the greatest extent possible; and

            (3)   Incorporate landscape elements or changes in materials, color or texture in order to discourage graffiti, and prevent undue glare, heat, reflection or aesthetic inconsistencies.

         (h)   Incorporate the following lighting concerns into development proposals:

            (1)   Lighting fixtures are to be attractively designed to complement the overall design theme of the project;

            (2)   Lighting shall create a festive atmosphere within commercial areas by outlining buildings, trees or other architectural features to encourage nighttime use of those areas by pedestrians; and

            (3)   On site lighting shall create a safe environment, adhering to established crime prevention standards, but shall not result in nuisance levels of light or glare on adjacent properties.

         (i)   Architectural plans for development shall be required to incorporate the following building elevation and screening criteria:

            (1)   All exterior wall elevations of buildings and screen walls shall have architectural treatments that enhance the appearance of the building or wall;

            (2)   Compatible materials and consistent style shall be evident within a development in all exterior elevations; and

            (3)   Within multi-family, commercial, office and mixed use business park developments, trash enclosures, loading areas, mechanical equipment and outdoor storage areas shall be screened from public streets, and from other public views, as appropriate.

   (I)   Residential Subdivision Land Use Design Criteria: It is the intent of the general plan and the provisions of this section to encourage a variety of residential development types that are innovative in design and compatible with surrounding neighborhoods while being conducive to creating a balanced housing market in the city. The following represents components of design requirements for all residential subdivisions, unless otherwise exempted in this section:

      1.   Variations: Housing within new residential subdivisions should, where possible, be situated with recognizable variations in front and side yard building setbacks.

      2.   Road Access: Residential developments should, where possible, maximize a feeling of openness by orienting road access to open space areas and areas of visual interest.

      3.   Roofs: The use of roof forms, including shed, gable and hip roofs, alone or in combination, shall be used to achieve a variety of rooflines for houses adjacent to public streets. All such roofs shall be of a concrete tile, approved shake, or an architectural style composition shingle with dimensional variations. All other proposed roofing materials shall be subject to review and approval by the building official.

      4.   Congruity: To reduce architectural massing at street corners and to create congruity where a two-story structure is next to a one-story structure, the incorporation of a one-story element into the two-story structure should be required when feasible.

      5.   Area: The minimum size for the livable area within a new single- family residence in the city shall be one thousand (1,000) square feet.

      6.   Landscaping: All subdividers/developers shall be required to provide landscaping and an irrigation system for each lot of a residential subdivision prior to receiving a final inspection for any house constructed in that subdivision, as follows:

         (a)   Landscaping and an irrigation system for both the front yard and the street side yard, provided the street side yard is not obscured from sight from an adjacent street by fencing, of each lot shall be provided. Said landscaping shall consist of the following:

            (1)   No less than one 15-gallon size tree;

            (2)   Ten percent (10%) of said yard area shall consist of a landscaped planter; and

            (3)   The remaining portion of said yard area not occupied by a driveway, shall be improved with sod, including one six-station clock and two (2) 1-inch valves.

         (b)   Any proposal for an alternative landscaping plan shall be subject to review and approval by the planning director.

      7.   Design: Architectural styles and themes should be compatible with the surrounding environment. However, to assure individuality among projects, each development shall vary its architectural design to avoid monotony and create visual interest, while remaining compatible with surrounding development.

      8.   Floor Plans: If custom homes are not proposed, subdevelopers of residential subdivisions shall provide a variety of floor plans and building elevations as depicted in table 2.B of this section:

TABLE 2.B
RESIDENTIAL FLOOR PLANS AND
ELEVATIONS GUIDELINES

 

      9.   Elevations: Elevations, for the purpose of meeting the requirements of this section, shall mean the treatment of materials, trim, roofs or other architectural features which are considerably different than the elevations of any other house in the same subdivision as seen from the street upon which it faces. No two (2) identical elevations shall be placed side by side within a subdivision.

      10.   Color:

         (a)   The use of monochromatic and complementary accent and trim colors is considered to meet the intent of this chapter.

         (b)   The use of bright or garish colors (i.e., fluorescent “hot” or “day glow” colors) shall not be permitted.

         (c)   Using building materials in their natural state, such as brick or stone, is strongly recommended.

         (d)   The use of colors to express individuality and identity within a cohesive and attractive framework is encouraged. Such colors should be in harmony with other colors used in the immediate area.

      11.   Agricultural Land Uses: Where portions of a proposed development share a common boundary with existing agricultural properties, the following concepts for transitions and buffers shall be incorporated into the development proposal where feasible:

         (a)   The incorporation of existing orchards, vineyards and groves into new development as landscaping, or as passive open space, is encouraged, however, the following provisions shall be met:

            (1)   All such trees located in a public right of way shall be approved for that purpose by the public works director.

            (2)   All trees within common areas shall be provided with the assurance of a continued maintenance mechanism, homeowners’ association or a special landscape district. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

   (A)   Purpose and Intent: The purpose of this section is to establish the application, review, and decision procedures for a Director’s Permit (DP). The DP enables the Planning Director to administratively review the location, site development, and/or conduct of certain land uses. DPs are not the automatic right of any applicant. An approved DP goes with the land and is non-transferrable to another location.

   (B)   Applicability: DPs are required for some land uses, subject to the permit requirements of the applicable zone district. A DP may only be issued in accordance with zone district requirements and with this section. Projects that seek ministerial approval shall comply with applicable Objective Design Standards contained in Chapter 4 (Residential) or Chapter 5 (Commercial).

   (C)   Applications:

      1.   Responsibility: The Director shall have the responsibility to approve, conditionally approve, or disapprove an DP. The Director may also decline to take action and forward the application for action to the Planning Commission at a public hearing.

      2.   Initiation of Application: DP applications may be initiated by the owner, owners, or their authorized agents of property in the City. The applicant shall submit an application in accordance with section 6-2-15, or the format specified by the Director. Fees shall be paid at the time of application in accordance with the fee schedule. An application for a DP shall be accompanied by the following:

         (a)   Submittal of all information and materials deemed necessary to render the requested land use decision before the application is deemed complete.

         (b)   Complete plans, scope of work, and description of the property involved and the proposed use.

         (c)   Evidence, satisfactory to the Director, of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six (6) months after issuance of the DP.

      3.   Project Review and Noticing: Applications for a DP shall be processed if the Director finds the application to be complete at the time of filing. The applicant shall be notified in writing within thirty (30) days if the application is complete.

         (a)   If the application is found to be incomplete, the Director shall notify the applicant in writing within thirty (30) days, indicating the additional information required to complete the application. The application will not be processed until the information is received by the Director.

         (b)   Each application shall be analyzed by the Director to ensure the application is consistent with the purpose and intent of this Section.

         (c)   The Director shall issue a Notice of Intended Decision, including the scheduled decision date, and shall be publicly noticed, consistent with Section 6-2-16 (Public Hearing and Notification Procedures) and state law.

         (d)   Public noticing shall be conducted in compliance with Section 6-2-16 (Public Hearing and Notification Procedures).

   (D)   Hearing and Decision:

      1.   Director’s Permit Decision/Hearing: DPs are reviewed and approved administratively by the Director and require no public hearing unless an appeal is filed. The Director may approve, conditionally approve, or deny a DP application after making the following findings.

      2.   Required Findings: The approval of a DP shall be accompanied by all the following findings:

         (a)   Approval of the DP would not result in detrimental impacts to adjacent properties or the character and function of the neighborhood.

         (b)   The design, development, and conditions associated with the DP are consistent with the goals, policies, and intent of the General Plan, the purpose and intent of the applicable Zone, the Objective Design Standards contained in Chapter 4 or 5, and the character of any applicable Specific Plan.

         (c)   The land use allowed in conjunction with the DP is compatible with the existing and future land uses of the applicable Zone, and the general area in which the proposed use is to be located.

      3.   Conditions and Limitations: DPs may be granted upon such conditions and limitations as the Director shall deem to be reasonable and necessary or advisable under the circumstances so that the objectives of this Zoning Ordinance in entirety are achieved.

   (E)   Appeals and Revocations:

      1.   If the planning director determines that any conditions of approval of a director’s permit, have been violated, or that the permittee is operating in a manner that is inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder. The notice shall provide sufficient information to inform the permit holder of the reasons why the planning director is recommending that the permit be revoked and shall specifically identify the findings for revocation.

      2.   All appeals or use revocations related to a DP approval or denial shall be consistent with the standards and process of Sections 6-2-20 (Appeals) and 6-2-21 (Revocations). (Ord. 849-22, 12-6-2022)

   (A)   Review, Decision: The project assistance team (PAT), as defined in section 6-1-14, shall review and act upon all requests for temporary use permits (TUP), or extensions thereof. The PAT shall approve, conditionally approve or deny any such applications subject to the findings and standard conditions set forth in this section.

   (B)   Uses Included: Those uses subject to a temporary land use permit include the following:

      1.   Temporary real estate offices on the site of an approved subdivision where lots, or lots and houses, are being offered for sale.

      2.   Model homes on any lot within a tentatively approved subdivision consistent with the provisions of the city subdivision ordinance.

      3.   Construction trailers, commercial cargo/storage containers, temporary office buildings and security personnel offices on construction sites for which a project has been approved and a building permit or grading permit has been issued by the city, subject to the provisions of this chapter.

      4.   On site contractor’s yard during the construction phase of an approved project for which a building permit or grading permit has been issued.

      5.   Mobilehome or trailer occupied for security purposes during the construction phase of a project.

      6.   Commercial cargo/storage containers (“containers”) may be placed by a temporary use permit only in commercial or industrial zone districts, subject to the following conditions in a manner consistent with the provisions of this section:

         (a)   Said containers shall be adequately screened from view from any street, highway or adjacent property in a manner consistent with the provisions of this title.

         (b)    In commercially zoned districts or community facilities zoned districts, one such container shall be permitted for each seven thousand five hundred (7,500) square feet of property up to a maximum of four (4) such containers; in the industrial zone district, one such container shall be permitted for each twenty thousand (20,000) square feet of property up to a maximum of four (4) such containers.

         (c)   Said containers shall not be placed in a manner that will interfere with any required vehicular parking or maneuvering areas designated for the property.

         (d)   In no instance may said containers be placed on a parcel of land other than as an accessory/subordinate use to an existing and permitted primary land use.

         (e)   Any container that has been located on a parcel of land for a period of ten (10) years or more, upon the effective date hereof, may so remain and shall not be required to comply with the requirements of this section unless a change of occupancy occurs or permits are issued by the city to expand, renovate or improve the property or any structures on the property. In this instance, the requirements listed in subsections (B)6(a) through (B)6(d) of this section shall apply.

   (C)   Additional Uses In Specified Districts: Those uses subject to a temporary use permit include the following:

In the GC, I or CF zone districts, excepting the provisions of subsection (B)6 of this section, temporary buildings, commercial cargo/storage containers, trailers, coaches and similar items may be permitted subject to an approved temporary use permit.

   (D)   Term, Extensions; Compliance: Temporary use permits shall first be issued for a period of time not to exceed twelve (12) months. Extensions to such permits may be granted for additional periods of time, each of which shall not exceed twelve (12) months. Temporary use permits shall comply with the procedures, findings and conditions specified by this title:

      1.   A temporary use permit shall not be extended for a period of time that exceeds five (5) years from the date the temporary use permit was first issued.

      2.   The PAT, or the planning commission upon appeal, may approve such permits or extensions for shorter periods of time and shall approve such permits subject to conditions where required by this title, or where it is determined reasonable and necessary to do so.

      3.   Prior to issuing a temporary use permit for an extension or renewal for the last allowed period of time, the permittee shall submit to and obtain approval by the PAT, or the planning commission, as applicable, of a plan to replace the subject temporary use with a legally established permanent use.

      4.   A temporary use or structure that does not have a valid and current permit is hereby declared to be a public nuisance, subject to the enforcement provisions of this title and other applicable laws.

      5.   A change of ownership or operator of a use or structure, subject to a temporary use permit, or a change of structure or modification of the structure or use allowed on a parcel subject to a temporary use permit shall not affect the time periods established by this chapter to allow such temporary uses or structures.

      6.   When the last period of time allowed for a temporary use permit by this chapter has lapsed, the temporary use permit, and any extension thereof, shall be considered void and no new or additional temporary land use permits may be issued or reinstated for the temporary use or structure that was previously permitted.

   (E)   Cancellation Of Temporary Use Permit:

      1.   Noncompliance with the conditions set forth in the approved temporary use permit shall be grounds for the PAT to cancel and void any such temporary use permit.

      2.   The planning director shall give notice of such an action by the PAT to the permittee. The permittee may appeal such a decision to the planning commission by filing an appeal as specified in section 6-2-20 of this chapter. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

   (A)   Purpose And Intent: A special event permit is intended to allow for the short term placement of activities on privately or publicly owned property with appropriate regulations so that such activities will be compatible with the surrounding areas.

   (B)   Authority:

      1.   Authority for approval of special event permits shall be vested with the project assistance team. However, city council approval shall be required for issuance of a special event permit or any event anticipated to accommodate fifty (50) or more persons at any given time.

      2.   A special event permit shall not be required for events that occur in theaters, meeting halls or other permanent public assembly facilities. A special event may be subject to additional permits, other city department approvals, licenses and inspections as required by this title or any other applicable laws and regulations.

   (C)   Permitted Special Events: Table 2.C of this section identifies those special events permitted subject to the issuance of a special event permit.

TABLE 2.C
SPECIAL EVENT CRITERIA

 

 

   (D)   Criteria For Special Event Permit Issuance: The project assistance team, or city council as set forth in subsection (B)1 of this section, shall consider the following criteria in rendering its decision relative to a special event permit application:

      1.   The operation of the requested special event at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;

      2.   The proposed site is adequate in size and shape to accommodate the special event without being materially detrimental to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;

      3.   The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the special event will or could reasonably be expected to generate; and

      4.   Adequate temporary parking to accommodate vehicular traffic to be generated by the special event will be available either on site or at alternate locations acceptable to the planning and community development department.

   (E)   Conditions Of Approval: In approving an application for a special event permit, the planning and community development department may impose conditions that are deemed necessary to ensure that the permit will be applied in accordance with the criteria outlined above. These conditions may involve any factors affecting the operation of the special event, and may include, but are not limited to:

      1.   Provision of temporary parking facilities, including vehicular ingress and egress;

      2.   Regulation of nuisance factors, such as, but not limited to, prevention of glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat;

      3.   Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

      4.   Provision of sanitary and medical facilities;

      5.   Provision of solid waste collection and disposal;

      6.   Police and fire concerns;

      7.   Provision of security and safety measures;

      8.   Regulation of signs;

      9.   Regulation of operating hours and days, including limitation of the duration of the special event to a shorter time period than that requested;

      10.   Submission of a performance bond or other surety device to assure that any temporary facilities or structures used for the proposed special event will be removed from the site within a reasonable time following the event and that the property will be restored to its prior existing condition;

      11.   Submission of a site plan indicating any information required by this section;

      12.   A requirement that the approval of the requested special event permit is contingent upon compliance with this title and with other applicable provisions of other ordinances;

      13.   Other conditions that will ensure the operation of the proposed special event in an orderly and efficient manner, and in accordance with the intent and purpose of this section; and

      14.   Liability insurance of the type and in the amount required by the city risk management authority. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

   (A)   Purpose And Intent: The purpose of this section is to provide guidelines for the processing and review of tenant improvements to structures. Any proposed tenant improvement, which in its initial review indicates an increase in land use intensity, such as an increase in parking demand, may be subject to additional review as determined by the planning director and building official.

   (B)   Authority: The planning director and building official may approve tenant improvements that comply with the requirements, provisions and intentions of this title.

   (C)   Findings: The planning director and building official may approve a tenant improvement if all of the following findings can be made:

      1.   The improvement is permitted within the applicable district, pursuant to the provisions of this title, and complies with all of the applicable provisions of this title;

      2.   The site for the proposed use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use and development in a manner compatible with existing and proposed surrounding land uses; and

      3.   The improvement will not be detrimental to the public health, safety or welfare, or adversely affect properties and improvements in the vicinity. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

   (A)   Purpose And Intent: This section is intended to limit the number and extent of nonconforming uses by regulating their enlargement, reestablishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. In addition, this section is intended to limit the number and extent of nonconforming structures by prohibiting the relocation, alteration or additions in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this title.

   (B)   Applicability: This section shall apply to any site, structure or use that was legally established, but does not conform to the provisions of this title as originally adopted or as may be amended from time to time. “Nonconforming” refers to a legally established site that does not meet the minimum dimensional requirements of the applicable zone, or a legally established use that is not permitted by the applicable zone, a legally established structure, by its size, architecture or location does not meet the standards of the applicable zone, or any combination thereof.

   (C)   Discontinuation Of Nonconforming Use: Whenever a nonconforming use has been discontinued for a continuous period of one hundred eighty (180) days or more, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone district in which it is located. Discontinuation shall include termination of a use regardless of intent to resume the use.

   (D)   Conforming Use within Nonconforming Structure: Should a structure be non-conforming, and a conforming use is proposed, the conforming use shall be allowed in the nonconforming structure, providing health and safety issues do not exist, as determined by the planning director.

   (E)   Exempt Nonconforming Use: This section shall not apply to the use of a nonconforming single-family dwelling located in a zone district that permits single-family dwellings or the adaptive reuse of buildings within the Downtown Taft Specific Plan area.

   (F)   Continuation And Maintenance:

      1.   Any nonconforming structure or use may be continued and maintained for the periods of time hereinafter set forth; provided the only structural alterations permitted are those required to resolve building code non-compliances, except as hereinafter provided:

         (a)   Agricultural crops shall not be subject to the provisions of this section;

         (b)   Agricultural uses that involve permanent structures shall be subject to the provisions of this section; however, such uses shall be permitted to make any changes or improvements that are required by any state law or city ordinances, including structural alterations that are necessary as a part thereof.

      2.   A structure or use may be maintained for the following periods of time after the effective date of the regulation or ordinance that established it as nonconforming:

         (a)   Commercial and office uses, such as those primarily permitted in commercial districts, thirty (30) years;

         (b)   Industrial uses, such as those primarily permitted within industrial districts, forty (40) years;

      3.   Any structure for which a building permit has been legally issued, and on which substantial construction has been performed in reliance thereon on the site before an amendment to the regulation or ordinance making the use or structure nonconforming, may be continued in accordance with the plans and specifications upon which the permit was issued, subject to the limitations of this section.

      4.   A property containing a legally established structure that does not conform with applicable development standards for front yards, side yards, rear yards, height, floor area of structures, or open space for the district in which the property is located, shall be deemed to be a nonconforming structure, and may be used and maintained as provided herein.

      5.   A legally established sign as provided in chapter 15 of this title.

      6.   Routine maintenance and repairs may be performed on a nonconforming use, structure or sign.

   (G)   Alterations And Enlargements of Nonconforming Uses and Structures:

      1.   A nonconforming use shall not be moved, altered or enlarged unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconformity.

      2.   A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site that it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.

      3.   A nonconforming structure shall not be altered or reconstructed to increase the discrepancy between existing conditions and the standards for front yard, side yard, rear yard, height of structures, distances between structures, or usable open space prescribed in the regulations for the zone district in which the structure is located except within the Downtown Taft Specific zone.

      4.   In the Downtown Taft Specific Zone area, a nonconforming structure may be altered or reconstructed to increase the discrepancy between existing conditions and the standards as listed in (3) above up to 10% of the existing standard.

      5.   Existing Single Family Residential developments within a commercial, mixed use or multi-family residential zone may be altered or enlarged so long as the additional square footage is exclusively for the establishment of an ADU or JADU, as defined in this title.

   (H)   Restoration Of Damaged Structure:

      1.   Whenever a nonconforming structure is destroyed to the extent of fifty percent (50%) or less by fire, calamity or act of God, the structure may be restored and the nonconforming use may be resumed; provided, that restoration is started within three hundred and sixty-five (365) calendar days and diligently pursued to completion. When the destruction exceeds fifty percent (50%), or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone district in which it is located, and any prior nonconforming uses shall not be resumed.

      2.   The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be reviewed and approved by the building official and shall be based on the minimum cost of construction in compliance with the most currently adopted city building code.

      3.   Legal nonconforming single-family residential structures destroyed by fire, calamity or act of God may be restored and the single-family use may be resumed in all zone districts that permit residential uses. The restoration of single-family residential structures in the High Density Residential (R-3), Mixed Use (MU), or other similar multi-family residential zone district shall include the development of an accessory dwelling unit or other second unit on the same property. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

   (A)   Purpose And Intent: These provisions are intended to prescribe the procedure for filing applications for permits, appeals, amendments and approvals when required or permitted by this title.

   (B)   Application Forms: Requests for permits, appeals, amendments, approvals and other actions required or permitted by this title shall require that a completed application on a form provided by and submitted to the planning and community development department, in addition to any other materials, reports, dimensions, plans or other information required to take an action on the application.

   (C)   Determination Of Completeness:

      1.   No application shall be processed pursuant to this title prior to the determination by the planning and community development department staff that the application is complete. A completed application shall consist of:

         (a)   The application form with all applicable information included on, or attached to the form;

         (b)   Additional information, reports, dimensions, drawings and other material specified on the application form;

         (c)   A description of how the proposed project to requested action is consistent with the goals, objectives, policies, programs and other provisions of the adopted general plan;

         (d)   Any other information or forms required for implementation of the California environmental quality act pursuant to state guidelines in accordance with subsection (I) of this section;

         (e)   Will serve letters from local water, sewer and other utility purveyors confirming that infrastructure is in place and eligible for service.

         (f)   Payment in full of the required fees for processing the application.

      2.   The planning director shall determine in writing the completeness of the application, and shall transmit this determination to the applicant within the time limits and in such form and content and with respect to such types of project applications as established by applicable state law and city regulation.

      3.   The statutory time periods for processing any applications pursuant to this title, which are subject by state law to such time limits, shall commence upon the date the application is received by the city, as provided in the state law relative to review and approval of development projects.

   (D)   Additional Information: Notwithstanding procedures established in this chapter for determination of completeness, the planning director may request the applicant to submit additional information in the course of processing the application if such information could not have been anticipated as part of the original application. Such a request to clarify, amplify, correct or otherwise supplement submitted information shall not invalidate the original determination that the application was complete at the time the determination was originally made. The planning director may request any additional information needed to prepare adequate environmental documentation pursuant to state guidelines implementing the California environmental quality act.

   (E)   Fees: The city council may by resolution or ordinance establish, and from time to time amend, a schedule of fees for permits, appeals, amendments and approvals required or permitted by this title to reimburse the city for costs incurred as the result of this administration of the provisions of this title.

   (F)   Who May File An Application: Unless otherwise specified in this title, applications for permits and approvals pursuant to this chapter may be made only by the affected property owner or the property owner’s authorized agent or representative.

   (G)   Applicant Notification: At the time of filing an application, the planning director shall inform the applicant that he or she may make a written request to receive notice from the city of any proposal to adopt or amend the general plan, a specific plan, zoning ordinance, or an ordinance affecting building permits that may affect the application being filed. The applicant shall specify, in writing, the proposed action for which notice is requested. Prior to taking any of those actions, the planning director shall give notice to any applicant who has requested notice of the type of action proposed and whose development proposal is pending before the city if the planning director determines that the proposal is reasonably related to the applicant’s pending development request.

   (H)   Consideration Of Concurrent Applications: An application which is dependent on approval of a change of zone or other enabling applications shall be processed concurrently with such enabling applications. The approval authority for such dependent application shall be vested with the body authorized to approve the enabling applications.

   (I)   Environmental Review: No permit or approval shall be granted pursuant to this title prior to the completion of applicable environmental review as required by state guidelines implementing the California environmental quality act (CEQA).

   (J)   Time Limit For Approving Applications:

      1.   When required by state law, action shall be taken on projects requiring the preparation and certification of an environmental impact report, within one year of the date the application was accepted as completed.

      2.   When required by state law, final action shall be taken on projects that are exempt from the provisions of California environmental quality act or that require the adoption of a negative declaration within one hundred five (105) days of the date that the application was accepted as complete.

      3.   Extension of the time limit for action on an application, as specified in the above subsections, may be granted if mutually agreed upon by the applicant and planning director. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

   (A)   Purpose: This section defines procedures for conducting public hearings for applications pursuant to this title unless otherwise specified in this title. The purpose of this section is to ensure public awareness and full open public discussion and debate regarding proposed actions pursuant to this title.

   (B)   Public Hearing Date: Where required by state law, and unless otherwise specified in this title, a public hearing on any application shall be scheduled before the planning commission and/or city council a minimum of forty-five (45) calendar days following notice of a complete application or by an alternative mutual agreement.

   (C)   Notice Of Hearings:

      1.   Notice of public hearings shall be given as required by law by all of the following methods:

         (a)   Publication in a newspaper of general circulation within the city at least ten (10) calendar days prior to the public hearing;

         (b)   Mailing at least ten (10) calendar days prior to the public hearing, to all owners of property within a distance of three hundred feet (300') from the exterior boundaries of the property involved in the application. For this purpose, the last known name and address of each property owner as contained in the records of the latest equalized Kern County assessor rolls shall be used;

         (c)   Mailing at least ten (10) calendar days prior to the public hearing, or delivering at least ten (10) calendar days prior to the public hearing, to each local agency expected to provide essential services or facilities to the project whose ability to provide those facilities and services may be significantly affected;

         (d)   Mailing at least ten (10) calendar days prior to the public hearing, or delivering at least ten (10) calendar days prior to the public hearing, to the owner of the subject real property or to the owner’s duly authorized agent, and to the project applicant and the applicant’s authorized representative, if any;

         (e)   Mailing at least ten (10) calendar days prior to the public hearing, to any person who has filed a written request with the planning director and has provided the planning director with a self-addressed stamped envelope for that purpose;

         (f)   Any other means prescribed by law, or desired by the city.

      2.   Exceptions:

         (a)   If the number of owners to whom notice is to be mailed or delivered pursuant to this subsection (C), is greater than one thousand (1,000), in lieu of mailed or delivered, notice may be provided by placing a display advertisement of at least one-eighth (1/8) page in at least one newspaper of general circulation in the city at least ten (10) days prior to the hearing.

         (b)   For a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, such notice shall also be given, as required by law, by mail to each tenant of the subject property and, in addition to notice of the time and place of the public hearing, shall include notification of the tenant’s right to appear and the right to be heard.

      3.   The planning director may require that additional notice of the hearing be given in any other manner deemed necessary or desirable to ensure that all notice requirements provided by law for the proposal are complied with.

      4.   All notices of public hearings shall include a description of the project and the identity of the hearing body or officers, shall describe the property, date, time and place of the scheduled hearing, a statement that application and associated documents and environmental review are available for public inspection at a specified location, and the manner in which additional information and/or testimony may be received.

   (D)   Conduct Of Public Hearings:

      1.   Public hearings held pursuant to the provisions of this title shall be held according to such public hearing rules as the planning commission and city council may, from time to time, adopt by resolution.

      2.   The chairperson of the planning commission and mayor may require that witnesses be sworn, prior to providing testimony at the planning commission or city council public hearing, respectively. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

Unless otherwise specified, all permits and approvals granted pursuant to this title shall run with the land, and shall continue to be valid upon change of ownership of the site or structure to which it applies. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

A decision that is subject to appeal shall not become effective for ten (10) calendar days following the action by the appropriate decision making body in order to allow time for the filing of an appeal of the decision. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

   (A)   Projects Not Subject To Subdivision Map Act And/Or Not Involving City Building Permits: Approvals for projects not subject to the subdivision map act and/or not involving city building permits shall lapse and become void twelve (12) months from the approval date, unless otherwise specified in this title, unless a different expiration date is specifically established as a condition of approval to the extent permitted by law, unless a valid building permit is in effect in reliance upon the approved entitlement and substantial construction has commenced and is diligently pursued toward completion, or unless the property has been occupied and the approved use fully commenced.

   (B)   Extension Of Time:

      1.   Authority: An extension of time may be granted for projects approved under this title, where substantial construction has not yet commenced or has not yet been completed or where the property has not yet been occupied and the approved use not fully commenced. Approvals for extension of time may only be granted by the original approving authority.

      2.   Submittal of Extension Requests:

         (a)   Extension requests for projects not subject to the subdivision map act and/or not involving city building permits shall only be considered if filed with the planning and community development department no less than thirty (30) calendar days and no more than ninety (90) calendar days prior to the expiration date of the permit or approval.

         (b)   A subdivider may request an extension for projects subject to the subdivision map act by written application to the planning director in accordance with the provisions of the subdivision map act, title X of this code, and this title.

      3.   Time Limits on Extensions: Extensions may not exceed a total of four (4) years from the original date of expiration, unless otherwise provided by law, and may be for shorter periods of time. The planning director and approving authority may choose to grant multiple extensions in shorter increments, but the total of such extensions shall not exceed the total four (4) year limit, except that extensions for TMs may be provided the maximum amount of time in accordance with the Subdivision Map Act (six years).

      4.   Circumstances Under Which Extensions May Be Granted: An extension of the approval of a project may be granted only if it is found that granting of an extension will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

   (A)   Appeal Of Action:

      1.   Any person may appeal a decision of the planning director to the planning commission where the planning director’s decision would otherwise be final.

      2.   Any person established as an interested party may appeal a decision of the planning commission to the city council where the planning commission’s decision would otherwise be final.

   (B)   Filing Of Appeals: Appeal application forms shall be made available at the office of the planning and community development department to all persons wishing to appeal an action included in this title. Appeal applications shall be filed with the planning and community development department within ten (10) calendar days following the date of action. If the last day to file falls on a holiday or on a Saturday or Sunday, the following business day shall be deemed the last day to act. Appeals requiring city council consideration will be forwarded to the city clerk by the planning director.

   (C)   Appeal Hearings: Public notice of an appeal hearing shall be given in the same manner as the original notice was given. In the case of an appeal of a planning commission decision, notice shall be given pursuant to section 6-2-16 of this chapter.

   (D)   Effective Date Of Appealed Actions: Except as otherwise provided for in this title, an action that has been appealed shall not become effective until a final determination is made by the appellate body. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)

   (A)   Purpose And Intent: In order to protect the public health, safety and welfare, and in order to enforce the provisions of this title, it may, from time to time, become necessary to revoke a previously authorized approval or approved permit. The purpose of this section is to provide a process for revoking approvals or permits to protect the public health, safety and welfare, as well as the rights to due process of permit holders within the city.

   (B)   Authority:

      1.   Authority to revoke permits or approvals shall be vested with the planning commission where the planning commission was the final approving authority in granting the permit or approval, or with the city council where the city council was the final approving authority in granting the permit or approval. A public hearing pursuant to section 6-2-16 of this chapter shall be required for revocation of permits or approvals.

      2.   Notwithstanding the above, the building official shall have the authority to revoke building permits pursuant to the provisions of the California building code.

   (C)   Required Findings: A permit or approval subject to revocation pursuant to the provisions of this section may be revoked by the planning commission or the city council if any one of the following findings is made:

      1.   The permit or approval was obtained by misrepresentation or fraud; or

      2.   The use for which the permit or approval was granted has ceased, and was suspended for six (6) or more consecutive calendar months; or

      3.   The conditions of the permit or approval have not been met, or the permit or approval granted is being or has been exercised contrary to the terms of the permit or approval, or in violation of any statue, ordinance, law or regulation; or

      4.   The public health, safety and welfare can be served only by revocation.

   (D)   Notification And Time Limits for Correction:

      1.   The planning director shall notify the holder of the permit or approval in writing of a decision to initiate a pending revocation, shall state specifically the reasons for the proposed revocation, and shall provide a period of thirty (30) calendar days for the holder to correct or show substantial progress toward correcting the defects that serves as the basis for the proposed revocation. In the event said defects are not corrected within thirty (30) calendar days from the date the notice is mailed, or substantial progress is not made during said thirty (30) day period, a public hearing shall be held before the planning commission, or city council where applicable, which shall be set pursuant to the provisions of section 6-2-16 of this chapter.

      2.   In taking action to revoke a permit, the planning commission or city council shall have the discretion to set the effective date of the revocation in order to allow the permit holder adequate and appropriate time in which to make necessary corrections. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)