Waterford City Zoning Code
CHAPTER 17
70 GENERAL ADMINISTRATION OF ZONING
§ 17.70.010 Interpretation.
The purposes of an interpretation are to:
A.
Determine if the nature of a use not specifically listed in this title is, in fact, similar to a use which is specifically listed as a permitted or conditionally permitted use within a particular zoning district.
B.
Interpret the provisions of this title whenever any ambiguity arises.
(Ord. 2011-02 §1)
§ 17.70.020 Administration.
A.
The planning director shall have the authority to make only determinations as to the similarity of one use which is not listed in this title to another use which is listed.
B.
The planning commission shall resolve all matters related to ambiguity.
1.
Such resolution shall occur at a regularly scheduled meeting of the commission and shall be in response to a written request which clearly identifies the ambiguity.
2.
The planning commission, in making its interpretations, shall seek the advice of the city attorney and the planning director.
3.
No public hearing shall be required of the city planning commission in making an interpretation of this title.
(Ord. 2011-02 §1)
§ 17.70.030 Types of zoning applications.
A.
There are two main types of applications:
1.
Ministerial applications, which must be approved by city departments if they meet all city code requirements. Plot plans for land uses permitted by right in a zoning district (permitted uses, administrative use permits and temporary use permits) are an example of ministerial applications although certain exceptions may apply.
2.
Discretionary permits, where the planning director or planning commission must make the following findings before permits for projects can be approved (conditional use permits are examples of "discretionary" application):
a.
There is no substantial evidence that the project will have a significant effect on the environment with the implementation of the proposed mitigation measures and/or conditions of approval;
b.
The proposed project is consistent with the city of Waterford general plan and this code;
c.
The proposed project is compatible with adjacent uses, properties, and neighborhoods; and
d.
The proposed project will not be a nuisance or detrimental to the public health, safety and general welfare.
B.
Processing procedures for these applications are as follows:
1.
Plot Plans.
a.
Plot plan review and approval by the planning department is required for all uses, with a few exceptions, to determine if they comply with city code requirements, the city general plan, and applicable zoning regulations.
b.
Processing. If a building permit is required for the proposed use, the city building department will route the plot plan with the building permit to other city departments for their comments. If a building permit is not required, the planning department will route the plot plan to other city departments for comments, prior to approval.
2.
Administrative Permits.
a.
Administrative permits are permits for uses of land that require special review to ensure they are compatible with the neighborhood and surrounding residences. They are considered more likely to have greater impacts than uses permitted by right in the zone, but lesser impacts than uses permitted under conditional use permits. The processing of an administrative permit is completed at one of two levels: (i) planning department staff approval where conditions are limited to compliance with city code and standards; (ii) planning director approval where additional conditions may be applied that lessen the impact or conflict of the project on neighboring uses and promote neighborhood compatibility of a use. The level of review is determined by the project proposal, its location, potential for controversy or opposition and potential environmental impacts. The planning director can refer an application to the planning commission if there are significant unresolved issues or neighborhood issues or concerns.
b.
Processing.
i.
Planning Department Staff Approval. Staff approval may be given for an administrative permit that complies with all applicable standards of this title.
ii.
Planning Director Administrative Approval. If a project is not controversial and there are no unresolved issues after referral to affected agencies, city departments, adjacent property owners for review and comment, and the conclusion of environmental review, if necessary, the application may be reviewed and acted on by the planning director. If the project has unresolved issues, it is referred to the planning commission for a public hearing and decision. On a designated date, the director shall make a decision on the application. If approved, and no appeal is filed within five days, the administrative permit is mailed to the applicant and building permits may be processed and/or the use may be established.
iii.
Administrative permit approval or denial actions shall be reported to the planning commission at their next regular meeting following the planning director's action.
3.
Conditional Use Permits. The standards for processing a conditional use permit are contained in Chapter 17.75.
a.
Conditional use permits (CUP) are discretionary permits for uses of land that require special review to insure they are compatible with the neighborhood and surrounding residences or other uses. They are considered more likely to have greater impacts than uses permitted by right or by administrative permit. CUPs shall be reviewed and approved, denied or conditionally approved by the planning commission after review and recommendation by the planning director.
b.
The applicant submits the proper forms, plot plans, and processing fees to the planning department. The planning department shall send out referrals to affected agencies and city departments and adjacent property owners for their review and comment. After the referral period and the conclusion of environmental review, if necessary, the project is then scheduled for a public hearing before the planning commission. At the conclusion of the public hearing, the planning commission will make a decision on the application. If approved, and no appeal is filed within five days, the conditional use permit is mailed to the applicant. Building permits may then be processed and/or the use may be established.
4.
Modifications to Administrative Permits, Temporary Permits and Conditional Use Permits. Applications may be processed by the planning department for two types of modifications or changes to administrative permits and conditional use permits: major modifications and minor modifications.
a.
Major modifications must be approved by the body which originally approved the permit and minor modifications may be approved by the planning director without a public hearing. For major modifications, all processing, referral notification and hearing procedures apply as previously described in subsections (A)(2) and (B) of this section.
b.
A modification to a permit may be considered minor if the planning director can make the following findings:
i.
The modification will not have a significant effect on the environment (i.e., it is exempt from CEQA);
ii.
The modification is a minor, less than ten percent change to the approved permit from the standpoint of:
iii.
The modification will not be materially detrimental to other properties or land uses in the area.
c.
All minor permit modifications shall be reported to the planning commission for review and are subject to reversal at the next regular commission meeting upon majority vote of the commission.
(Ord. 2011-02 §1)
§ 17.70.040 Zone changes and relief from zoning standards.
Procedures for processing a zone change or amendment are contained in Chapter 17.77.
A.
Zone Code Text Amendments. A zone code text amendment (ZCTA) begins with an application to add to, delete, or modify any part of the text of the zoning code. If approved by the city council, it is effective city wide.
1.
Processing. An applicant submits an application for a ZCTA to the planning department, indicating what code text is being proposed for revision and the justification for the revision, together with initial processing fees. When the application materials are deemed complete and it is determined if environmental review will be necessary, referrals are sent to appropriate affected agencies and city departments for review and comment.
2.
Public Hearings. After the referral period and the conclusion of the environmental review, if necessary, the project is scheduled for a public hearing before the planning commission. At the conclusion of the public hearing, the planning commission will make a written recommendation to the city council. The council will also hold a public hearing and make a final decision on the application. If approved, the ZCTA will be adopted by ordinance.
B.
Zone Changes. All land in the city of Waterford is classified into various zoning districts. These zones are outlined on one or more of the city zoning district maps. Chapters 17.08 through 17.26 of this title describe the uses of land that are allowed in each zone and the development standards for those uses.
C.
Zone Variances—Minor Deviations. Procedures for processing a variance are contained in Chapter 17.76.
1.
Purpose and Application.
a.
Variances are exceptions to the zoning requirements for a property to enjoy the same privilege enjoyed by property in the vicinity based on a physical hardship such as parcel shape or topography. An example is a lot with a steep ravine where a home site can only be constructed in a required building setback area. A variance can be granted to legally allow the home to be constructed within the normal setback area. It is very difficult to meet the state's legal requirements for granting zone variances. Variances are also not permitted for uses of property not authorized in a particular zone.
b.
Minor deviations are minor adjustments from setback standards and may be considered with more leniency than variances based on criteria in subsection (C)(3) of this section. Application for and action on zone variances from development standards are considered at a public hearing by the planning commission with notice as provided in Chapter 17.77, similar to conditional use applications. Applications for minor deviations are acted on by the planning director after notice is given to adjacent property owners.
2.
Minor Deviation Criteria. The planning director may grant a minor deviation from zone code setback requirements for property subject to the finding: the deviation does not grant such property privileges not enjoyed by other properties in the vicinity under identical zoning classification and, further, that the minor deviation is not materially detrimental to surrounding property. The following deviations may be considered:
a.
Up to twenty-five percent of front yard setback requirements but no closer than fifteen feet from the property line.
b.
Up to forty percent of the side yard setback requirements but no closer than three feet from the property line.
c.
Up to forty percent of the rear yard setback requirements but no closer than fifteen feet from the property line.
d.
Up to ten percent increase in height allowed for buildings and structures. Conditions or performance standards to achieve objectives of this title may be attached to minor deviations.
3.
Expiration. Approval of a minor deviation shall expire within one year unless exercised or extended by the planning director.
(Ord. 2011-02 §1)
§ 17.70.050 Application submittal.
A.
Pre-Application Review by Staff. Applicants are encouraged to talk to planning department staff about their project in a pre-application review prior to the filing of an application. The planning department will formalize the application submittal requirements as set forth in subsection C below. The planning department will coordinate this review with other concerned city departments. This review will examine issues that may include technical or design criteria of a development project, general plan criteria, or sensitive environmental issues. The pre-application review allows staff to resolve these issues and prevent delays before a project has been accepted as complete and processing has begun.
B.
Who May Apply. A property owner, lessee with a five-year lease, or a person with written authorization to act on behalf of the property owner may apply for a ministerial approval, discretionary permit, zone variance/minor deviation, or zone change. Any interested party may apply for a zone code text amendment since they apply city-wide.
C.
Required Plans and Materials. The following plans and materials shall be submitted; provided, that the planning director may waive submission of items deemed unnecessary to determine compliance with applicable requirements of this title:
1.
A fully dimensioned site plan showing:
a.
The architect's or designer's name, address, and telephone number,
b.
Scale of plan and north arrow,
c.
Street address of site and vicinity map showing the relationship of the site to the surrounding area,
d.
Existing and proposed property lines, right-of-way lines, dedications, and easements,
e.
Locations of existing and proposed structures, driveways, walks and open spaces, and
f.
Locations, heights, and materials of existing and proposed walls and fences;
2.
A statement describing the proposed use and calculations in tabular form showing compliance with applicable density, coverage, parking, and open space regulations;
3.
A fully dimensioned landscape plan if required;
4.
A grading plan, when required, showing proposed changes in grade and the total volume of land to be cut or filled, with proposed drainage patterns indicated by arrows;
5.
A fully dimensioned parking and loading plan, when required, showing:
a.
Locations and dimensions of all parking and loading spaces, driveways and vehicular entrances, with proposed traffic circulation patterns indicated by arrows, and
b.
Calculations showing the number of parking and loading spaces required by size and the number proposed including shared parking or parking off-set proposals,
c.
Proposal for in-lieu parking fee payment and proposed public transportation improvements;
6.
Elevations of proposed structures, showing exterior wall openings and describing exterior materials;
7.
Floor plans showing the proposed use and exterior wall openings;
8.
Locations, dimensions, and heights of all signs.
D.
Application Filing and Determination. The application shall be prepared by the applicant and submitted to the planning department where staff will make the following determinations, if applicable:
1.
Is the proposal consistent with the city of Waterford general plan?
2.
Is the proposed use allowed within the zone for which it is intended?
3.
Type of permit required.
4.
Legal status of property.
5.
Are there any outstanding violations on the property which need to be cleared prior to application acceptance?
E.
Parcels with Code Violations. No building permits, administrative permits, conditional use permits, zone changes, or other entitlements shall be processed for parcels in violation of the city code unless the proposed entitlement corrects the violation.
F.
Required Application Contents. Applications for review of any permit or change of zone or zoning standards shall include all information prescribed on lists available from the planning department (State Government Code Section 65940).
(Ord. 2011-02 §1)
§ 17.70.060 Initial review and acceptance of applications.
A.
Determination of Completeness. Within the timelines prescribed by law, the planning department shall determine whether the required application materials are complete and what level of environmental review is necessary (State Government Code Section 65943).
1.
The environmental determination will assess whether the project is exempt from environmental review or requires either a negative declaration or environmental impact report.
2.
The applicant shall be informed by a letter that the application is complete and any remaining fees that are necessary in order for processing to begin; or that the application is incomplete and that additional information must be provided within fourteen days.
3.
Upon receipt of the fees and/or additional information, processing shall begin and the applicant shall be sent a processing schedule with tentative dates for referrals, environmental review and decision on the application.
B.
Withdrawal or Return of Application. The application may be withdrawn and returned to the applicant if requested by the applicant. The planning department may also terminate an application if the applicant fails to supply requested information necessary to formulate a recommendation within a reasonable period of time after notification.
C.
Referral of Application. At the discretion of the planning director and where required by city, state and federal law, any land use application may be referred to any responsible public agency that may be affected by or have an interest in the proposed land use.
(Ord. 2011-02 §1)
§ 17.70.070 Environmental review.
A.
All agencies that have a regulatory function, such as Waterford public works department, are required by the California Environmental Quality Act (CEQA) to consider the effects of their decisions on the environment. Through CEQA, the state has established guidelines for assessing and mitigating potential impacts from land uses and activities, such as those commonly authorized by city of Waterford. When the planning department receives an application, an initial determination of whether the project is subject to CEQA is made in accordance with the city of Waterford CEQA policy and procedures guidelines and state law.
B.
The purpose of the city of Waterford's CEQA policies and procedures is to fully disclose to the public the extent of impact that can be anticipated from a project's implementation, and recommend adequate steps to avoid or mitigate the impact. However, projects with impacts that cannot be fully mitigated are not necessarily denied issuance of permits in accordance with the requirements of the California Environmental Quality Act and CEQA Guidelines.
(Ord. 2011-02 §1)
§ 17.70.080 Staff report and recommendations.
A.
Staff Report Preparation. Except for approvals by the planning department staff, a staff report shall be prepared by the planning department that describes the conclusions of the staff about the proposed land use and any accompanying development. The report will identify the project compliance and consistency with the zoning code, other applicable city provisions, applicable community specific plans, and the general plan. The staff report shall include a recommendation for approval or denial of the application, based on the evaluation and consideration of information provided on the application and the initial environmental study or environmental impact report. The staff report shall include a list of recommended findings and conditions, as necessary.
B.
Report Distribution.
1.
Planning Director. Any reports, findings, or conditions for matters reviewed by the planning director shall be made available to the applicant and public prior to the director's decision.
2.
Planning Commission. Staff reports for matters reviewed by the planning commission shall be distributed to individual commissioners and the applicant five days prior to the hearing date.
3.
City Council. Staff reports for matters reviewed by the city council shall be distributed to council members and the applicant five days prior to the hearing date.
4.
Affected City Departments, Outside Agencies and Interested Parties. Staff reports for matters reviewed by any decision body shall be distributed to any concerned department, agency or other party upon request.
(Ord. 2011-02 §1)
§ 17.70.090 Plot plan/permit time limits.
A.
Initiation of Plot Plan Permit. Nondiscretionary approvals by the planning director, such as for a plot plan, are effective immediately. Decisions of the planning director or planning commission for a discretionary permit, such as for a conditional use permit, shall become final and effective on the tenth calendar day after approval, unless prior to the tenth day an appeal of the decision is filed under Chapter 17.78 (Appeals). Thereafter, the applicant shall proceed to carry out the conditions of approval and establish the approved use within one year.
B.
Expiration of Plot Plan/Permit. An approved plot plan or discretionary permit is valid for one year from its effective date. At the end of one year, the plot plan or permit shall expire and become void unless:
1.
The plot plan or permit has been implemented because of one or more of the following: conditions of approval prerequisite to construction have been satisfied, significant sums for engineering or construction design have been expended, any required building permits have been issued, or construction has progressed beyond site preparation and the completion of structural foundations; or
2.
The plot plan or permit has been implemented because a use not requiring construction permits has been established on the site and is in operation as approved, and all conditions of approval prerequisite to establishment of the use have been satisfied; or
C.
Abandonment or Discontinuance. Where a previously initiated use under a city discretionary permit has been abandoned or discontinued for over one year, the planning department may initiate revocation proceedings at a public hearing before the body that originally approved the permit (see also Section 17.78.020). However, a nonconforming use or building that has been abandoned or discontinued for over one year is precluded from re-use without first obtaining a discretionary permit from the city of Waterford and/or meeting all existing code requirements.
D.
Extensions of Time. Prior to the expiration of the plot plan approval or discretionary permit, the applicant may request an extension of time. The request shall be in writing, and be accompanied by a nonrefundable filing fee established by the most current planning department fee schedule. After review, the planning director may extend the plot plan or permit for a period of one year provided that:
E.
Re-Application. If the one year time limit for implementation of an approved use expires, the plot plan approval or permit shall be terminated, as under subsection B of this section. After expiration, a new permit may be applied for at any time subject to the processing procedure of this code. No denial of an application by the planning director, planning commission, or city council shall be reconsidered within less than two years, unless the surrounding area has been rezoned or a major change in the area has taken place.
(Ord. 2011-02 §1)
§ 17.70.100 Appeals.
Decisions of the planning director and the planning commission may be appealed as provided by the processes set forth in Chapter 17.78 and State Government Code Sections 65903, 65904.
A.
Appeal Subjects and Appeal Bodies. Actions and decisions that may be appealed, and the authority to act upon an appeal shall be as follows:
1.
Decisions of the Planning Director and Staff. The following actions of the planning director and staff may be appealed to the planning commission:
a.
Determinations on the meaning or applicability of the provisions of this code that are believed to be in error, and cannot be resolved with staff;
b.
Any determination that a permit application or information submitted with the application cannot be accepted or is incomplete, under State Government Code Section 65943;
d.
Actions by the planning director or hearing officer to approve or deny a project.
2.
Decisions of the planning commission may be appealed to the city council.
B.
Who May Appeal. An appeal may be filed by any person or agency affected by a decision, administrative action, or interpretation of the planning commission or planning director as described in subsections (A)(1) and (2) of this section.
(Ord. 2011-02 §1)