Zoning Code Administration
A. Planning Agency Defined. In compliance with Government Code Section 65100, the city council has established a planning agency and by adoption of this zoning code assigned the functions of the planning agency to the planning department, planning commission, and the city council, as more particularly described below.
B. City Council. The city council shall perform the duties assigned by the provisions of this zoning code including final decisions on development agreements, zoning code amendments, general plan amendments, zoning map amendments, and other applicable policy and regulatory matters. The council shall also review appeals filed from planning commission decisions.
A. The city council may approve the proposed amendment by ordinance or deny by order following the close of the public hearing. Notice of the council decision shall be made within thirty-five days thereafter by ordinance. The decision shall be final.
B. Where the amendment was initiated by an interested person pursuant to Section 17.76.030, written notice of the decision shall be given by mail within seven days after the date of the decision to the applicant and any person filing a written request for notice of the decision.
The city may seek injunctive relief in superior court to abate any violation of this title. Injunctive relief may be sought at any time, including prior to the issuance of compliance with the notice of violation if, in the opinion of the responsible official, an alleged violation of this title may be injurious to the public health or safety.
The purpose of this chapter is to establish general rules and responsibilities for the administration of this zoning code. (Ord. 706 § 3 (Exh. A), 2019).
A. Planning Agency Defined. In compliance with Government Code Section 65100, the city council has established a planning agency and by adoption of this zoning code assigned the functions of the planning agency to the planning department, planning commission, and the city council, as more particularly described below.
B. City Council. The city council shall perform the duties assigned by the provisions of this zoning code including final decisions on development agreements, zoning code amendments, general plan amendments, zoning map amendments, and other applicable policy and regulatory matters. The council shall also review appeals filed from planning commission decisions.
C. Planning Commission. The planning commission shall perform the duties assigned by the provisions of this zoning code including the review of development projects, review of appeals from the director’s decisions, and make recommendations to the council on development agreements, zoning code amendments, general plan amendments, zoning map amendments, and other applicable policy and regulatory matters.
D. Planning Director. The planning director serves as the department head and manages the day-to-day and long-range functions of the planning department. The director has the responsibility and authority to approve and/or deny applications for various planning reviews including site plan and design review permits, sign permits, temporary use permits, home occupation permits, landscape plan approvals, administrative zoning modifications, and determination of similar use. The director also serves in a support role for the planning commission and city manager. (Ord. 706 § 3 (Exh. A), 2019).
The purpose of this chapter is to establish procedures for the appeal and review of determinations and decisions of the planning director or planning commission. (Ord. 706 § 3 (Exh. A), 2019).
A. Director Decision. A determination or decision by the director may be appealed to the planning commission.
B. Commission Decision. Any decision of the commission may be appealed to the city council. (Ord. 706 § 3 (Exh. A), 2019).
A. Eligibility. An appeal may be filed by:
1. Any person affected by an administrative determination or action by the planning director.
2. In the case of a planning permit and/or hearing decision, by anyone who, in person or through a representative, presented testimony at a hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns before the hearing or decision.
B. Timing of Appeal. Appeals shall be filed with the planning director on a city application form within ten calendar days after the date of the decision or action being appealed. The appeal shall include the required filing fee and a written statement presenting the pertinent facts of the case and the basis for the appeal.
C. Suspension of Action. Once an appeal of a decision is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the applicable review authority. (Ord. 706 § 3 (Exh. A), 2019).
A. Scheduling of Hearing. When an appeal has been filed the planning director shall schedule the matter for a planning commission agenda, or the city clerk shall schedule the matter for a council agenda, as applicable to the appeal.
B. Appeal Report. After the appeal hearing has been scheduled, the director shall prepare a report on the matter, and forward the report to the appropriate appeal body.
C. Notice of Hearing. Notice of the appeal hearing shall be provided in the same manner as the notice given for the original action that is being appealed.
D. Decision on Appeal. During the appeal hearing the review authority may:
1. Consider any issue associated with the project for which a decision is being appealed, in addition to the specific grounds for the appeal;
2. Affirm, affirm in part, modify, or reverse the action, determination or decision that is the subject of the appeal, based on findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal;
3. Adopt additional or different conditions of approval that may address issues or concerns other than the subject of the appeal;
4. Deny the permit or action approved by the previous review authority, even where the appellant only requested a modification or elimination of one or more project aspects or conditions of approval; or
5. If new or different evidence is presented on appeal the review authority may refer the matter back to the planning director or planning commission, as applicable, for further consideration.
E. Finality of Decision. The findings, decision, and action of the council on an appeal shall be final.
F. Effective Date of Appeal Decision. A decision by the planning commission on an appeal is final and effective on the eleventh day after the decision, when no appeal to the decision has been filed with the council. A decision by the city council is effective as of the date of the decision. (Ord. 706 § 3 (Exh. A), 2019).
This chapter provides procedures for public hearings required by this zoning code. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted in compliance with this chapter. (Ord. 706 § 3 (Exh. A), 2019).
The public shall be provided advance notice of any public hearing required by this zoning code, in compliance with Government Code Sections 65090, 65091, and/or any other state law requirements applicable, as follows:
A. Contents of Notice. The notice for a public hearing shall include the following information, and any additional information determined by the planning director to be appropriate:
1. Hearing Information. The date, time, place of the hearing, name of the hearing body, and the phone number and street address of the department where an interested person may call or visit to obtain additional information.
2. Project Information. A general explanation of the matter to be considered, and a general description, in text and/or diagram, of the location of the property that is the subject of the hearing.
3. Statement on Environmental Document. If a draft negative declaration, mitigated negative declaration, environmental impact report, or statement of exemption from the requirements of CEQA has been prepared for the project, the hearing notice shall include a statement that the review authority will consider approval or acceptance of those CEQA documents.
B. Method of Distribution. Notice of a public hearing required by this zoning code for a planning permit, amendment, or appeal shall be given as follows, as required by Government Code Sections 65090 and 65901:
1. Publication. Notice shall be published at least once in a newspaper of general circulation in the city at least ten days before the date of the hearing.
2. Mailing. Notice shall be mailed or delivered at least ten days before the date of the hearing to the following:
a. Project site owners and applicant for the property being considered in the application;
b. All owners of real property as shown on the latest county equalized assessment roll within a radius of three hundred feet from the exterior boundaries of the parcel that is subject to the hearing; and
c. Persons requesting notice who have filed a written request for notice with the planning director and has paid the required fee for the notice.
3. Alternative to Mailing. If the number of property owners to whom notice would be mailed is more than one thousand, the planning director may choose to provide alternative notice by placing a display advertisement of at least one-eighth page in a newspaper of general circulation within the city at least ten days prior to the date of the hearing, in compliance with Government Code Section 65091(a)(3). (Ord. 706 § 3 (Exh. A), 2019).
After the completion of any environmental documents required by CEQA and the preparation of a department staff report, a matter requiring a hearing shall be scheduled on the next available agenda of the applicable review authority (planning commission or council) reserved for public hearings, but no sooner than any minimum time period established by state law. (Ord. 706 § 3 (Exh. A), 2019).
A. Time and Place of Hearing. A hearing shall be held at the date, time, and place from which notice was given. Each hearing shall be conducted in compliance with rules of procedure adopted by the city council for the applicable review authority.
B. Continued Hearing. Any hearing may be continued from time to time without further notice; provided, that the chair of the hearing body announces the date, time, and place to which the hearing will be continued, prior to the adjournment or recess of the hearing.
C. Decision of Review Authority.
1. The review authority may announce and record its decision on the matter being considered at the end of the conclusion of the scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with subsection (B) of this section.
2. Unless otherwise required by law, a majority vote shall be required for any formal action by the applicable review authority.
3. On a matter before the planning commission that requires final consideration and action by the council, the planning commission action shall be to recommend approval, conditional approval, or denial to the city council.
4. All decisions shall be in writing and if required by law shall contain the written findings upon which the decision is based.
5. The decision of the city council on any matter shall be final and conclusive. (Ord. 706 § 3 (Exh. A), 2019).
A. Provision of Notice. Within ten days following the decision on an application for a permit or other approval required by this zoning code, the city shall provide written notice of the applicable review authority action to the applicant.
B. Contents of Notice. The notice of decision shall contain applicable findings, conditions of approval, and notification of timing and procedure for appeal.
C. Effective Date of Decision.
1. A planning director or planning commission decision is final and effective on the eleventh day following the date of decision is rendered if no appeal of that decision has been filed.
2. A council decision adopted by ordinance is final and shall become effective on the thirty-first day following the date the ordinance is actually adopted by the council (following second reading of ordinance), unless otherwise provided in the adopting ordinance.
3. A council decision adopted by resolution is final and shall become effective on the date the decision is rendered. (Ord. 706 § 3 (Exh. A), 2019).
The purpose of this chapter is to establish procedures for the amendment of this zoning ordinance and zoning maps. Amendments to this ordinance may be initiated by the city council on its own motion, the planning director or by the application of any interested person. (Ord. 706 § 3 (Exh. A), 2019).
The city council or planning director may at any time and in any form deemed appropriate by the council initiate an amendment to any portion of this chapter. An amendment may be any of the following types:
A. An amendment to the text of this chapter not changing regulations or standards affecting the use of any property.
B. An amendment to the text of this chapter changing regulations or standards affecting the use of property.
C. Amendment to the official zoning maps reclassifying property from one district to another, including applying a combining district to, or removing a combining (overlay) district from, property. (Ord. 706 § 3 (Exh. A), 2019).
A. A property owner, his/her authorized representative, or any other interested person may initiate an amendment to the official zoning map to reclassify property from one district to another by submitting an application to the planning director.
B. An application for a reclassification of property shall include all information deemed necessary by the director.
C. The application shall be accompanied by the fee established by the city council. (Ord. 706 § 3 (Exh. A), 2019).
Notice of public hearing shall follow the requirements of Section 17.74.020. (Ord. 706 § 3 (Exh. A), 2019).
An amendment to the text of this zoning code changing regulations or standards affecting the use of any property or on an amendment to the official zoning maps reclassifying property from one district to another shall require a public hearing before the planning commission and then before the city council at a time and place in accordance with the public notice.
Hearing procedure shall follow Section 17.74.040(A) and (B); however, the city council may establish additional rules for the conduct of such hearings. The name and address of each witness shall be recorded and made a part of the permanent files. (Ord. 706 § 3 (Exh. A), 2019).
A. The city council may approve the proposed amendment by ordinance or deny by order following the close of the public hearing. Notice of the council decision shall be made within thirty-five days thereafter by ordinance. The decision shall be final.
B. Where the amendment was initiated by an interested person pursuant to Section 17.76.030, written notice of the decision shall be given by mail within seven days after the date of the decision to the applicant and any person filing a written request for notice of the decision. (Ord. 706 § 3 (Exh. A), 2019).
Any action or proceeding to attack, review, set aside, void, or annul any decisions made pursuant to this chapter, or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, or to determine the reasonableness, legality, or validity or any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within thirty days after the date of decision, and the legislative body is served within sixty days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of that decision or of these proceedings, acts, or determinations. (Ord. 706 § 3 (Exh. A), 2019).
The purpose of this chapter is to establish provisions for enforcement of this title. The steps in the process are outlined as well as the penalties involved. This section puts all persons on notice as to the proceedings and penalties involved if any provision of this chapter is violated. (Ord. 706 § 3 (Exh. A), 2019).
Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint with the planning department stating fully the causes and basis thereof. In a timely manner the complaint shall be recorded, investigated, and such action thereon as provided by this chapter taken as deemed appropriate.
After a complaint has been filed, a violation reported or observed, the building official, planning director or code officer may initiate an inspection. (Ord. 706 § 3 (Exh. A), 2019).
The building official, code officer or responsible official may upon the presentation of proper credentials to the occupant or owner enter any premises, building, or structure at any reasonable time for the purpose of investigating and inspecting such premises, building, or structure to determine if the same is being used in compliance with the provisions of this title. If admission or entry is refused, the code officer, building official or responsible officer may apply to obtain an inspection warrant. (Ord. 706 § 3 (Exh. A), 2019).
If, as a result of an inspection, the code officer, building official, planning director or responsible official determines there is a violation of this chapter, the responsible official shall give a ten-day written notice to the party violating this title. The notice of violation may be served by certified mail, registered mail, or by any method approved for service process, as set forth and described by the code of civil procedure for the service of process. The notice shall specify that the violation set forth shall be corrected within said period. The responsible official may for good cause extend the time for compliance if the cited party has submitted a plan for correcting the noticed deficiencies. (Ord. 706 § 3 (Exh. A), 2019).
Any person, firm, or corporation that fails to comply with the notice of violation described in Section 17.78.040 shall be guilty of a misdemeanor and upon conviction thereof be fined not more than five hundred dollars or imprisoned for not more than six months in the county jail, or both. Each day the violation of this chapter continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. (Ord. 706 § 3 (Exh. A), 2019).
The city may seek injunctive relief in superior court to abate any violation of this title. Injunctive relief may be sought at any time, including prior to the issuance of compliance with the notice of violation if, in the opinion of the responsible official, an alleged violation of this title may be injurious to the public health or safety. (Ord. 706 § 3 (Exh. A), 2019).
Any building or structure, set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter or any use of land, building, or premises conducted, operated, or maintained contrary to the provisions of this chapter or contrary to a permit or variance or the terms and conditions imposed therein shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the district attorney shall commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant relief as will abate and remove such buildings, structure or use and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building, structure, or vehicle or using any property contrary to the provisions of this title. (Ord. 706 § 3 (Exh. A), 2019).
Whenever a complaint has been received or any city official believes that the conditions of a permit, variance, or other entitlement granted under the provisions of this title have been violated, the responsible official shall investigate such allegations. If such a violation, in the opinion of the planning department, has occurred, a notice of violation shall be given in accordance with Section 17.78.040. If correction of the violation does not occur within the specified ten-day period, the responsible official shall notify the planning director. The planning director may, upon receipt of such notice, initiate revocation proceedings in accordance with the provisions of Section 17.52.110. (Ord. 706 § 3 (Exh. A), 2019).
All departments, officials, and public employees of the city of Wasco and where applicable the county of Kern, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and may withhold permits or licenses for uses, buildings, or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title may be deemed null and void. Further, permits or licenses issued for any use permitted by the provisions of this title, may be withheld on a parcel of land, wherein it is known by the departments, officials, or employees of the city of Wasco that a violation of this title exists. (Ord. 706 § 3 (Exh. A), 2019).
Zoning Code Administration
A. Planning Agency Defined. In compliance with Government Code Section 65100, the city council has established a planning agency and by adoption of this zoning code assigned the functions of the planning agency to the planning department, planning commission, and the city council, as more particularly described below.
B. City Council. The city council shall perform the duties assigned by the provisions of this zoning code including final decisions on development agreements, zoning code amendments, general plan amendments, zoning map amendments, and other applicable policy and regulatory matters. The council shall also review appeals filed from planning commission decisions.
A. The city council may approve the proposed amendment by ordinance or deny by order following the close of the public hearing. Notice of the council decision shall be made within thirty-five days thereafter by ordinance. The decision shall be final.
B. Where the amendment was initiated by an interested person pursuant to Section 17.76.030, written notice of the decision shall be given by mail within seven days after the date of the decision to the applicant and any person filing a written request for notice of the decision.
The city may seek injunctive relief in superior court to abate any violation of this title. Injunctive relief may be sought at any time, including prior to the issuance of compliance with the notice of violation if, in the opinion of the responsible official, an alleged violation of this title may be injurious to the public health or safety.
The purpose of this chapter is to establish general rules and responsibilities for the administration of this zoning code. (Ord. 706 § 3 (Exh. A), 2019).
A. Planning Agency Defined. In compliance with Government Code Section 65100, the city council has established a planning agency and by adoption of this zoning code assigned the functions of the planning agency to the planning department, planning commission, and the city council, as more particularly described below.
B. City Council. The city council shall perform the duties assigned by the provisions of this zoning code including final decisions on development agreements, zoning code amendments, general plan amendments, zoning map amendments, and other applicable policy and regulatory matters. The council shall also review appeals filed from planning commission decisions.
C. Planning Commission. The planning commission shall perform the duties assigned by the provisions of this zoning code including the review of development projects, review of appeals from the director’s decisions, and make recommendations to the council on development agreements, zoning code amendments, general plan amendments, zoning map amendments, and other applicable policy and regulatory matters.
D. Planning Director. The planning director serves as the department head and manages the day-to-day and long-range functions of the planning department. The director has the responsibility and authority to approve and/or deny applications for various planning reviews including site plan and design review permits, sign permits, temporary use permits, home occupation permits, landscape plan approvals, administrative zoning modifications, and determination of similar use. The director also serves in a support role for the planning commission and city manager. (Ord. 706 § 3 (Exh. A), 2019).
The purpose of this chapter is to establish procedures for the appeal and review of determinations and decisions of the planning director or planning commission. (Ord. 706 § 3 (Exh. A), 2019).
A. Director Decision. A determination or decision by the director may be appealed to the planning commission.
B. Commission Decision. Any decision of the commission may be appealed to the city council. (Ord. 706 § 3 (Exh. A), 2019).
A. Eligibility. An appeal may be filed by:
1. Any person affected by an administrative determination or action by the planning director.
2. In the case of a planning permit and/or hearing decision, by anyone who, in person or through a representative, presented testimony at a hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns before the hearing or decision.
B. Timing of Appeal. Appeals shall be filed with the planning director on a city application form within ten calendar days after the date of the decision or action being appealed. The appeal shall include the required filing fee and a written statement presenting the pertinent facts of the case and the basis for the appeal.
C. Suspension of Action. Once an appeal of a decision is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the applicable review authority. (Ord. 706 § 3 (Exh. A), 2019).
A. Scheduling of Hearing. When an appeal has been filed the planning director shall schedule the matter for a planning commission agenda, or the city clerk shall schedule the matter for a council agenda, as applicable to the appeal.
B. Appeal Report. After the appeal hearing has been scheduled, the director shall prepare a report on the matter, and forward the report to the appropriate appeal body.
C. Notice of Hearing. Notice of the appeal hearing shall be provided in the same manner as the notice given for the original action that is being appealed.
D. Decision on Appeal. During the appeal hearing the review authority may:
1. Consider any issue associated with the project for which a decision is being appealed, in addition to the specific grounds for the appeal;
2. Affirm, affirm in part, modify, or reverse the action, determination or decision that is the subject of the appeal, based on findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal;
3. Adopt additional or different conditions of approval that may address issues or concerns other than the subject of the appeal;
4. Deny the permit or action approved by the previous review authority, even where the appellant only requested a modification or elimination of one or more project aspects or conditions of approval; or
5. If new or different evidence is presented on appeal the review authority may refer the matter back to the planning director or planning commission, as applicable, for further consideration.
E. Finality of Decision. The findings, decision, and action of the council on an appeal shall be final.
F. Effective Date of Appeal Decision. A decision by the planning commission on an appeal is final and effective on the eleventh day after the decision, when no appeal to the decision has been filed with the council. A decision by the city council is effective as of the date of the decision. (Ord. 706 § 3 (Exh. A), 2019).
This chapter provides procedures for public hearings required by this zoning code. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted in compliance with this chapter. (Ord. 706 § 3 (Exh. A), 2019).
The public shall be provided advance notice of any public hearing required by this zoning code, in compliance with Government Code Sections 65090, 65091, and/or any other state law requirements applicable, as follows:
A. Contents of Notice. The notice for a public hearing shall include the following information, and any additional information determined by the planning director to be appropriate:
1. Hearing Information. The date, time, place of the hearing, name of the hearing body, and the phone number and street address of the department where an interested person may call or visit to obtain additional information.
2. Project Information. A general explanation of the matter to be considered, and a general description, in text and/or diagram, of the location of the property that is the subject of the hearing.
3. Statement on Environmental Document. If a draft negative declaration, mitigated negative declaration, environmental impact report, or statement of exemption from the requirements of CEQA has been prepared for the project, the hearing notice shall include a statement that the review authority will consider approval or acceptance of those CEQA documents.
B. Method of Distribution. Notice of a public hearing required by this zoning code for a planning permit, amendment, or appeal shall be given as follows, as required by Government Code Sections 65090 and 65901:
1. Publication. Notice shall be published at least once in a newspaper of general circulation in the city at least ten days before the date of the hearing.
2. Mailing. Notice shall be mailed or delivered at least ten days before the date of the hearing to the following:
a. Project site owners and applicant for the property being considered in the application;
b. All owners of real property as shown on the latest county equalized assessment roll within a radius of three hundred feet from the exterior boundaries of the parcel that is subject to the hearing; and
c. Persons requesting notice who have filed a written request for notice with the planning director and has paid the required fee for the notice.
3. Alternative to Mailing. If the number of property owners to whom notice would be mailed is more than one thousand, the planning director may choose to provide alternative notice by placing a display advertisement of at least one-eighth page in a newspaper of general circulation within the city at least ten days prior to the date of the hearing, in compliance with Government Code Section 65091(a)(3). (Ord. 706 § 3 (Exh. A), 2019).
After the completion of any environmental documents required by CEQA and the preparation of a department staff report, a matter requiring a hearing shall be scheduled on the next available agenda of the applicable review authority (planning commission or council) reserved for public hearings, but no sooner than any minimum time period established by state law. (Ord. 706 § 3 (Exh. A), 2019).
A. Time and Place of Hearing. A hearing shall be held at the date, time, and place from which notice was given. Each hearing shall be conducted in compliance with rules of procedure adopted by the city council for the applicable review authority.
B. Continued Hearing. Any hearing may be continued from time to time without further notice; provided, that the chair of the hearing body announces the date, time, and place to which the hearing will be continued, prior to the adjournment or recess of the hearing.
C. Decision of Review Authority.
1. The review authority may announce and record its decision on the matter being considered at the end of the conclusion of the scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with subsection (B) of this section.
2. Unless otherwise required by law, a majority vote shall be required for any formal action by the applicable review authority.
3. On a matter before the planning commission that requires final consideration and action by the council, the planning commission action shall be to recommend approval, conditional approval, or denial to the city council.
4. All decisions shall be in writing and if required by law shall contain the written findings upon which the decision is based.
5. The decision of the city council on any matter shall be final and conclusive. (Ord. 706 § 3 (Exh. A), 2019).
A. Provision of Notice. Within ten days following the decision on an application for a permit or other approval required by this zoning code, the city shall provide written notice of the applicable review authority action to the applicant.
B. Contents of Notice. The notice of decision shall contain applicable findings, conditions of approval, and notification of timing and procedure for appeal.
C. Effective Date of Decision.
1. A planning director or planning commission decision is final and effective on the eleventh day following the date of decision is rendered if no appeal of that decision has been filed.
2. A council decision adopted by ordinance is final and shall become effective on the thirty-first day following the date the ordinance is actually adopted by the council (following second reading of ordinance), unless otherwise provided in the adopting ordinance.
3. A council decision adopted by resolution is final and shall become effective on the date the decision is rendered. (Ord. 706 § 3 (Exh. A), 2019).
The purpose of this chapter is to establish procedures for the amendment of this zoning ordinance and zoning maps. Amendments to this ordinance may be initiated by the city council on its own motion, the planning director or by the application of any interested person. (Ord. 706 § 3 (Exh. A), 2019).
The city council or planning director may at any time and in any form deemed appropriate by the council initiate an amendment to any portion of this chapter. An amendment may be any of the following types:
A. An amendment to the text of this chapter not changing regulations or standards affecting the use of any property.
B. An amendment to the text of this chapter changing regulations or standards affecting the use of property.
C. Amendment to the official zoning maps reclassifying property from one district to another, including applying a combining district to, or removing a combining (overlay) district from, property. (Ord. 706 § 3 (Exh. A), 2019).
A. A property owner, his/her authorized representative, or any other interested person may initiate an amendment to the official zoning map to reclassify property from one district to another by submitting an application to the planning director.
B. An application for a reclassification of property shall include all information deemed necessary by the director.
C. The application shall be accompanied by the fee established by the city council. (Ord. 706 § 3 (Exh. A), 2019).
Notice of public hearing shall follow the requirements of Section 17.74.020. (Ord. 706 § 3 (Exh. A), 2019).
An amendment to the text of this zoning code changing regulations or standards affecting the use of any property or on an amendment to the official zoning maps reclassifying property from one district to another shall require a public hearing before the planning commission and then before the city council at a time and place in accordance with the public notice.
Hearing procedure shall follow Section 17.74.040(A) and (B); however, the city council may establish additional rules for the conduct of such hearings. The name and address of each witness shall be recorded and made a part of the permanent files. (Ord. 706 § 3 (Exh. A), 2019).
A. The city council may approve the proposed amendment by ordinance or deny by order following the close of the public hearing. Notice of the council decision shall be made within thirty-five days thereafter by ordinance. The decision shall be final.
B. Where the amendment was initiated by an interested person pursuant to Section 17.76.030, written notice of the decision shall be given by mail within seven days after the date of the decision to the applicant and any person filing a written request for notice of the decision. (Ord. 706 § 3 (Exh. A), 2019).
Any action or proceeding to attack, review, set aside, void, or annul any decisions made pursuant to this chapter, or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, or to determine the reasonableness, legality, or validity or any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within thirty days after the date of decision, and the legislative body is served within sixty days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of that decision or of these proceedings, acts, or determinations. (Ord. 706 § 3 (Exh. A), 2019).
The purpose of this chapter is to establish provisions for enforcement of this title. The steps in the process are outlined as well as the penalties involved. This section puts all persons on notice as to the proceedings and penalties involved if any provision of this chapter is violated. (Ord. 706 § 3 (Exh. A), 2019).
Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint with the planning department stating fully the causes and basis thereof. In a timely manner the complaint shall be recorded, investigated, and such action thereon as provided by this chapter taken as deemed appropriate.
After a complaint has been filed, a violation reported or observed, the building official, planning director or code officer may initiate an inspection. (Ord. 706 § 3 (Exh. A), 2019).
The building official, code officer or responsible official may upon the presentation of proper credentials to the occupant or owner enter any premises, building, or structure at any reasonable time for the purpose of investigating and inspecting such premises, building, or structure to determine if the same is being used in compliance with the provisions of this title. If admission or entry is refused, the code officer, building official or responsible officer may apply to obtain an inspection warrant. (Ord. 706 § 3 (Exh. A), 2019).
If, as a result of an inspection, the code officer, building official, planning director or responsible official determines there is a violation of this chapter, the responsible official shall give a ten-day written notice to the party violating this title. The notice of violation may be served by certified mail, registered mail, or by any method approved for service process, as set forth and described by the code of civil procedure for the service of process. The notice shall specify that the violation set forth shall be corrected within said period. The responsible official may for good cause extend the time for compliance if the cited party has submitted a plan for correcting the noticed deficiencies. (Ord. 706 § 3 (Exh. A), 2019).
Any person, firm, or corporation that fails to comply with the notice of violation described in Section 17.78.040 shall be guilty of a misdemeanor and upon conviction thereof be fined not more than five hundred dollars or imprisoned for not more than six months in the county jail, or both. Each day the violation of this chapter continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. (Ord. 706 § 3 (Exh. A), 2019).
The city may seek injunctive relief in superior court to abate any violation of this title. Injunctive relief may be sought at any time, including prior to the issuance of compliance with the notice of violation if, in the opinion of the responsible official, an alleged violation of this title may be injurious to the public health or safety. (Ord. 706 § 3 (Exh. A), 2019).
Any building or structure, set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter or any use of land, building, or premises conducted, operated, or maintained contrary to the provisions of this chapter or contrary to a permit or variance or the terms and conditions imposed therein shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the district attorney shall commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant relief as will abate and remove such buildings, structure or use and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building, structure, or vehicle or using any property contrary to the provisions of this title. (Ord. 706 § 3 (Exh. A), 2019).
Whenever a complaint has been received or any city official believes that the conditions of a permit, variance, or other entitlement granted under the provisions of this title have been violated, the responsible official shall investigate such allegations. If such a violation, in the opinion of the planning department, has occurred, a notice of violation shall be given in accordance with Section 17.78.040. If correction of the violation does not occur within the specified ten-day period, the responsible official shall notify the planning director. The planning director may, upon receipt of such notice, initiate revocation proceedings in accordance with the provisions of Section 17.52.110. (Ord. 706 § 3 (Exh. A), 2019).
All departments, officials, and public employees of the city of Wasco and where applicable the county of Kern, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and may withhold permits or licenses for uses, buildings, or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title may be deemed null and void. Further, permits or licenses issued for any use permitted by the provisions of this title, may be withheld on a parcel of land, wherein it is known by the departments, officials, or employees of the city of Wasco that a violation of this title exists. (Ord. 706 § 3 (Exh. A), 2019).