17.05.210.1 Purpose of chapter. The purpose of this chapter is to set out all of the city's land planning and development approval procedures in one place, and to standardize them to the maximum practicable degree.

17.05.210.2 Application of chapter.

A.

Generally. All procedures for city land use planning, obtaining approvals pursuant to this Zoning Code, and for appealing decisions of the city staff or planning commission, are set out in this chapter.

B.

Land use planning. Section 17.05.230, General and specific plans, sets out the process for general and specific plan revisions and amendments.

C.

Required permits and approvals. Section 17.05.240, Permits and approvals, sets out all permits that are included in this Zoning Code, and which bodies are responsible for issuing each.

D.

Standards for administrative permits. Section 17.05.250, Standards for administrative permits, establishes the criteria for issuance of administrative permits.

E.

Standards for public hearing permits. Section 17.05.260, Standards for public hearing permits, establishes the criteria for issuance of public hearing permits.

F.

Standards for design review. Section 17.05.270, Design review, establishes the standards, guidelines, and review procedure for design review approval.

G.

Standardized development approval procedures. Section 17.05.280, Standardized development approval procedures, sets out a standard procedural framework for considering and deciding applications for development approval.

(Ord. No. 244-21, § 1, 7-21-2021)

17.05.220.1 Bodies established and authorized by the City of Williams Code of Ordinances.

A.

City council.

1.

Generally. The city council has all powers conferred upon it by the City of Williams and the Constitution and laws of the State of California. With respect to decision-making pursuant to this Zoning Code, the city council will exercise the powers set out in this chapter.

2.

Approvals. The city council shall hear and decide the following:

a.

General plan for the City of Williams and amendments thereto;

b.

Specific plans for the City of Williams and amendments thereto;

c.

Text amendments to this Zoning Code;

d.

Amendments to the official zoning map;

e.

Adoption and then periodical review of the design review manual;

f.

Pattern book approval; and

g.

Conditional use permits.

3.

Appeals. The city council, within thirty days shall hear and decide appeals from decisions of the planning and zoning commission after a public hearing.

B.

Planning commission.

1.

Generally. The planning commission is created and authorized by Chapter 2.24 of the City of Williams Code of Ordinances and pursuant to the laws of the State of California. This section is adopted pursuant to the statutory authorization (Government Code Section 65101). Consequently, amendment of the statute after the effective date may modify, delete, or supplement the provisions of this section.

2.

Function. The planning commission shall undertake a continuing planning program for the physical, social and economic growth, development and redevelopment of the area within its jurisdiction. The plans and programs must be designed to promote public health, safety, morals, convenience, prosperity, or the general welfare as well as the efficiency and economy of its area of jurisdiction.

3.

Powers and duties. In the discharge of its responsibilities, the planning commission has the power and duty to:

a.

Prepare, revise periodically, and recommend the general plan for adoption the City of Williams to the city council;

b.

Prepare, revise and recommend for adoption specific plans as necessary to the city council;

c.

Prepare and recommend for adoption as a means for implementing the plans and programs in its area zoning ordinances to include zoning district maps and appropriate revisions thereof to the city council;

d.

Make determinations regarding conditional use permits;

e.

Annually review the city's general plan housing element in accordance with California Government Code Section 65400;

f.

Make recommendations regarding the annual capital improvements program to the city council in accordance with California Government Code Section 65103;

g.

Perform design review and make final decisions regarding site plan and building design approvals;

h.

Periodically review the design review manual, taking any design review committee recommendations into consideration, and forward its own recommendation to the city council;

i.

Hear and decide appeals of the director's interpretation of provisions of this Zoning Code;

j.

Hear and decide variance requests to the terms of this Zoning Code; and

k.

Adopt policies or procedures to facilitate implementation of planning elements.

4.

Referral of matters to commission and reports. The city council may refer any matters or class of matters to the planning commission, with the provision that final action on it may not be taken until the planning commission has submitted a report on it or has had a reasonable period of time, as determined by the city council, to submit a report.

5.

Meetings, procedural rules and records.

a.

The planning commission shall meet at the call of the chair and at such times as the chair or planning commission may determine.

b.

The planning commission shall adopt rules of organizational procedure.

c.

The planning commission shall keep a record of its resolutions, findings and determinations.

17.05.220.2 City staff.

A.

Public works director. The public works director shall be responsible for reviewing site permits. Upon completion of review, the public works director shall:

1.

Issue the site permit; or

2.

Deny the site permit, citing specific reasons for denial.

B.

Director of planning. The director of planning ("director") shall be responsible for:

1.

Reviewing and then either issuing or denying zoning clearance permits. If the zoning clearance permit application is for a limited use, then the director shall issue the permit only if the application demonstrates that all limited use standards are met or will be met when the use is established;

2.

Reviewing and then either issuing a temporary use certificate, or denying the certificate, citing specific reasons for denial;

3.

Ensure compatibility of minor development and/or building projects with the design review manual;

4.

Maintain the city's design review manual and ensure its periodic update where necessary in the opinion of the director;

5.

Processing the following through the design review committee, planning commission and city council (as applicable):

a.

Conditional use permit requests;

b.

Rezoning requests (map amendments);

c.

General plans and amendments;

d.

Specific plans and amendments;

e.

Variance requests;

f.

Appeals;

g.

Pattern book approvals;

h.

Design review; and

i.

Text amendments.

6.

Report to the city council actions and any recommendations of the planning commission.

C.

Building official. Prior to issuing a certificate of occupancy, the building official shall ensure that all review agencies that had been involved in processing plans have confirmed that buildings and sites comply with all applicable provisions of this Code and any applicable conditions that had been previously placed on the project through the review process.

17.05.220.3 Design review committee. A design review committee is hereby established.

A.

Membership. The design review committee shall consist of two planning commissioners and one at-large citizen member, who shall have some demonstrated design expertise or background in architecture, building design, and/or landscape architecture.

B.

Terms of office.

1.

The at-large member shall serve for a term of two years, and a maximum of three terms.

2.

The two planning commissioners shall serve for a term of one year, with no maximum number of terms as long as the commissioner remains on the planning commission.

C.

Appointment.

1.

One at-large member shall be appointed by the city council.

2.

Two planning commissioners shall be appointed annually by the planning commission.

D.

Duties. The committee shall apply the design review manual as established in the city's design review procedures.

(Ord. No. 244-21, § 1, 7-21-2021)

17.05.230.1 General plans.

A.

Purpose. The city council or the planning commission, with the assistance of the director, may prepare for adoption by the city council a comprehensive, long-term general plan, and any amendment thereto, for the physical development of the city and of any land outside the city's boundaries which in the council's or commission's judgment bears relation to the physical development of the city. The general plan shall include the mandatory elements specified in the California Government Code and may include such other elements as the commission or council deems necessary or convenient to further the interest of the city.

B.

Timing of process.

1.

Finding of public necessity. Whenever the public necessity, convenience, general welfare, or good land use planning practice may require, the city council may by resolution, subject to the procedure provided in this section, adopt, amend or change the general plan.

2.

Annual limit. There shall be no more than a total of four general plan amendments processed in any calendar year.

C.

Adoption process.

1.

Initiation. Adoption, amendment or change to the general plan may be initiated by:

a.

The city council;

b.

The planning commission; or

c.

By petition of one or more property owners. Petitions shall be filed with the director on prescribed forms and accompanied by such data and information as may be required for that purpose by the director, planning commission, or city council. The petitioner shall also deposit a fee in an amount established by resolution, no part of which is refundable.

2.

Planning commission recommendation. The planning commission shall hold at least one public hearing on the adoption of the general plan or any amendment thereto and make a recommendation to the city council.

3.

City council action. Upon receipt of a recommendation on the adoption of a general plan or amendments thereto from the planning commission, the city council shall hold at least one public hearing on the proposal and approve, modify and approve, or disapprove the proposal. However, any substantial modification proposed by the city council not previously considered by the planning commission during its hearings shall first be referred to the planning commission for its recommendation. Failure of the planning commission to report within forty-five days after the referral, or within a time specified by the city council, shall be deemed a recommendation for approval.

17.05.230.2 Specific plans.

A.

Purpose. The city council or the planning commission, with the assistance of the director, may prepare for adoption by the city council specific plans and any amendment thereto, based on the general plan which, in the council's or commission's judgment, are necessary or convenient for the systematic implementation of the general plan. The specific plan shall include the mandatory elements specified in the California Government Code and may include such other elements as the commission or council deems necessary or convenient to further the interest of the city.

B.

Timing of process. Whenever the public necessity, convenience, general welfare, or good land use planning practice may require, the city council may by resolution, subject to the procedure provided in this section, adopt, amend or change the specific plan.

C.

Adoption process.

1.

Initiation and planning commission recommendation. A request to adopt or initiate a specific plan shall be made in the same manner as the general plan.

2.

City council action. A specific plan shall be adopted or amended in the same manner as the general plan.

D.

Building permits. Upon adoption of a specific plan by the city council, no building permit shall be issued for properties subject to the specific plan unless the work authorized by the building permit is consistent with the specific plan.

(Ord. No. 244-21, § 1, 7-21-2021)

17.05.240.1 Permits required. Permits as provided in this section are required for development in the City of Williams.

17.05.240.2 Administrative permits.

A.

Generally. Administrative permits are permits that are issued by the city staff without the requirement for a public hearing.

B.

Administrative permits established. The administrative permits required by this Zoning Code are set out in Table 17.05.220.2, Administrative Permits. Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Zoning Code.

17.05.240.3 Public hearing permits.

A.

Generally. Public hearing permits are permits that are issued by the city after compliance with the requirements of this Zoning Code is determined at a public hearing.

B.

Public hearing permits established. The public hearing permits required by this Zoning Code are set out in Table 17.05.230.3 Public Hearing Permits. Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Zoning Code.

(Ord. No. 244-21, § 1, 7-21-2021)

17.05.250.1 Site permit.

A.

Generally. A site permit is required as set out in Subsection 17.05.240.2, Administrative permits. Development activities that require a site permit include, but are not limited to:

1.

Any excavation, fill or earthmoving involving an earthwork quantity greater than ten cubic yards.

2.

Construction, paving or repaving of any driveway, private street, parking lot, sidewalk or path.

3.

Construction of any paved surface larger than one hundred square feet in area.

4.

Construction or installation of any sewer, pipe, swale, or ditch for drainage purposes, except footing tiles or roof drainage interior to a structure.

5.

Installation of any exterior lighting for any site or use except single-family, duplex, individual townhouse, twin home, or three-plex units.

6.

Pending site work of any type on any site located in an area of known subsidence.

B.

Application. Applications for approval of a site permit shall be on a form approved by the public works director. The application shall include an erosion control plan.

C.

Decision criteria. A site permit shall be issued if the public works director finds that:

1.

All applicable requirements of this Zoning Code have been met;

2.

The plans adhere to the City of Williams Storm Drainage Master Plan; and

3.

If any state or federal approvals are required, said approvals have been granted.

D.

Permit conditions. All site permits are issued upon the following conditions:

1.

The applicant shall notify the public works department at least twenty-four hours before beginning any land disturbing activity.

2.

The applicant shall obtain the permission of the public works director before modifying the erosion control plan.

3.

The applicant shall install and maintain all erosion control measures as identified in the erosion control plan.

4.

The applicant shall maintain all road drainage systems, stormwater drainage systems and other facilities as identified in the erosion control plan.

5.

The applicant shall remove sediment resulting from land-disturbing activities from adjacent surfaces and/or drainage courses.

6.

The applicant shall allow the public works director or designee to enter the site to verify compliance with the erosion control plan or to perform any work necessary to bring the site into compliance with the erosion control plan.

7.

The applicant shall submit a revised plan for approval if the nature of the project changes from that proposed under the permit.

17.05.250.2 Site plan permit.

A.

Generally. A site plan permit is required as set out in Subsection 17.05.240.2, Administrative permits. Prior to development of any use or structure other than single-family (excluding manufactured home parks), duplex, or individual townhouse residential development, a site plan shall be approved by the director in accordance with this subsection. No development of any other type shall be lawful or permitted to proceed without final site plan approval. All improvements reflected on approved site plans must be constructed at the time of development. All terms and conditions of site plan approval must be met at the time of development.

B.

Director review of specific developments. A site plan process whereby the director has authority to approve the site plan based on objective standards of this Code and the Design Review Manual shall be the only process required of the following types of projects:

1.

A housing project for multifamily housing on sites zoned R-U HD (including those referenced in Section 17.05.250.2 B 5);

2.

Accessory and Junior Accessory Dwellings;

3.

Priority Residential Infill Development (refer to Section 17.01.050.16 and

4.

An emergency shelter and low barrier navigation centers.

5.

For certain housing development (see Section 17.01.050.13) that requires ministerial review of objective standards that are applicable to affordable and streamline housing developments in accordance with California Government Code Sections 65940 thru 65950 and 65913.4.

C.

Application requirements. A complete application for site plan approval shall be submitted to the director as set forth in Section 17.05.280, Standardized development approval procedures, and shall be accompanied by information as provided for in the application checklist maintained by the director.

D.

Decision criteria. A site plan permit shall be issued if the director finds that:

1.

All applicable objective requirements of this Zoning Code have been met;

2.

The project is consistent with the general plan;

3.

The project is consistent with the design review manual for ministerial reviews; and

4.

That the planning commission has approved the architecture of the building and site that are shown on the site plan; or that the structure is exempt from discretionary or design review.

17.05.250.3 Design review. For projects that require design review, project applications shall be accompanied by information as provided for in the application checklist maintained by the director and at a minimum include the following documentation:

A.

A completed maximum applied water allowance for the conceptual landscape design.

B.

A conceptual landscape design plan which demonstrates that the landscape will meet the landscape design specifications of the city engineering standards uniform design criteria for landscaping and irrigation.

C.

A conceptual irrigation design plan which notes the irrigation methods and design actions that will be employed to meet the irrigation specifications of the city engineering standards uniform design criteria for landscaping and irrigation.

D.

A grading plan which demonstrates the landscape will meet the specifications of the city engineering standards uniform design criteria for landscaping and irrigation.

(Ord. No. 244-21, § 1, 7-21-2021)

17.05.260.1 Conditional use approval.

A.

General. The standards of this section are applicable to all conditional uses. Individual conditional uses shall also comply with the applicable standards of Section 17.01.040, Standards for limited and conditional uses.

B.

Application. Applications for approval of a conditional use permit shall be on a form approved by the director.

C.

Standards for all conditional uses. All conditional uses shall comply with the following standards:

1.

The conditional use will not materially detract from the character of the immediate area or negatively affect the anticipated development or redevelopment trajectory;

2.

There is no practicable alternative location where the use is permitted as-of-right within one-quarter mile of the parcel proposed for development, or, if such a location exists, the proposed location is more favorable in terms of providing a needed community service to a population that has limited mobility;

3.

The approval of the conditional use will not create a critical mass of similar conditional uses that is likely to tend to discourage permitted uses by making the vicinity less desirable for them; and

4.

The conditional use is conducted in a manner that is not materially more disruptive to adjacent properties than other permitted uses in the district unless the conditional use is temporary and the duration of the use is limited to minimize the impact. Conditions of approval may be attached to the conditional use to ensure that this requirement is satisfied.

D.

Revocation of conditional use permit. If the conditions of approval of a conditional use permit are not complied with, then the planning and zoning commission may revoke the permit pursuant to a public hearing and shall notify the property owner in writing of such hearing.

17.05.260.2 Pattern book approval.

A.

Generally. This subsection applies to any of the following proposed developments:

1.

Residential development, where some or all of the lots will be less than the minimum lot standards of Section 17.02.090, Residential lot, yard and height standards;

2.

Traditional neighborhood development;

3.

Mixed housing cluster development; or

4.

Mixed use development, where residential and commercial uses are vertically or horizontally mixed.

B.

Contents of a pattern book. The pattern book is a design guide for a specific development. It is submitted by the applicant to address the design of individual buildings or dwellings. The pattern book ensures that the development will be attractive, creative, and harmonious within it and with the surrounding existing uses. In general, the pattern book shall address the following topics:

1.

A palette of development styles and materials;

2.

A concept of the public/civic spaces;

3.

A concept of streetscape design and landscaping;

4.

A concept landscaping plan for each building lot that shows intended compliance with Subsection 17.02.120.11, Water efficiency landscape standards; and

5.

Specific modifications of the requirements of this Zoning Code.

C.

Application.

1.

An application for pattern book approval shall accompany all applications for approval of the types of developments listed in Subsection A., above, and shall be accompanied by information as provided for in the application checklist maintained by the director.

D.

Decision criteria. Upon recommendation by the planning commission, the city council shall review the pattern book to ensure that it will accomplish the following objectives:

1.

Harmony. The project is designed in harmony with the neighborhood.

2.

Connectivity. The project is designed to be connected with the overall transportation network, and the street pattern is characterized by:

a.

A dense system of parallel routes, both east-west and north-south, with many streets providing through connections;

b.

Minimal use of culs-de-sac;

c.

Frequent intersections; and

d.

Frequent points of access.

3.

Quality. In order to ensure visual interest, the pattern book shall demonstrate the following:

a.

Single-family homes (attached or detached) are designed to provide a unit that has a unified appearance from the street with any street facade (front facade and street side facade), having comparable treatment in materials, color and trim.

b.

If masonry is used on a front facade, it is also applied to side facades in one or more of the following ways:

i.

Masonry returns to a break in the side facade, such as a chimney, room projection, or projecting window area;

ii.

An architectural return is applied to all corners so that the greater of ten percent of the length of the side building wall or three feet is finished with masonry to the same height as the front facade;

iii.

An architectural detail with a minimum width of sixteen inches is applied, such as a pilaster that caps the masonry and the other material that completes the corner; or

iv.

A wing wall screens the view of the side of the building from the street.

c.

Detached single-family homes will be articulated and detailed, and shall avoid undue imposition of building mass on the street.

d.

There shall be some detailing of doors, windows and their trim that carries around the buildings sides so that they show a relationship to the general style and character of the front.

e.

Front porches will be provided on all detached housing types within one thousand three hundred twenty feet along street centerlines from the center subdistrict, and may be provided elsewhere and on other housing types.

f.

Balconies will be provided on all multi-story townhomes and multi-story multifamily buildings.

g.

Utility meters shall not be on front or side elevations unless screened by vegetation or other approved screening.

4.

Diversity. The pattern book shall demonstrate one or more of the techniques below:

a.

Varied housing types at a fine-grained scale. Mixing types on a smaller scale, even having differing dwelling unit types in a block face, is a technique to reduce monotony and add interest.

b.

Varied architectural styles. Different architectural styles (e.g., Colonial Revival and Neoclassical) can be used to vary the appearance of buildings with comparable floor plans. A number of elements, including roof type and orientation, roof pitch, eve overhangs, windows, doors, or decorative elements shall be specified for each architectural style that will be used in the development.

c.

Varied floor plans. The differences in floor plans must significantly alter the width and shape in order to present a building volume or mass that is different. Such differences include, but are not limited to:

i.

Minimum of ten percent difference in front facade width; or

ii.

Different forms (rectangle, L, or X shapes), if the differences affect the front facade; or

iii.

Different numbers of stories; or

iv.

Different symmetry (symmetrical or asymmetrical).

d.

Varied gable orientation. Front or side gable roofs shall be varied over the same floor plan.

e.

Varied elements. Such details may include trims, materials, color, window arrangement (grouping), window fenestration, doors, door lights, window and garage doors, porches, chimneys, bay windows, towers, and balconies, as necessary to create the required variation. The pattern book must include detailed elevations, lists of specific elements to be used, and an explanation of how the elements will be mixed to differentiate nearby buildings.

f.

Averaged lot width. A pattern book may show that block faces will include lots of varying widths.

5.

Light and air. The pattern of development, and the open space available on each lot and for the community are such that adequate light and air are provided for residents.

6.

Pedestrian-orientation. The pattern book shall demonstrate that the residential areas of the development are designed for the comfort and convenience of the pedestrian, with continuous sidewalks; tree-lined, traffic-calmed streets; and architecture that provides street-level interest and accessibility.

E.

Conditions of approval. The city council may place conditions of approval on the pattern book as necessary to ensure compliance with the decision criteria of Subsection D., above.

17.05.260.3 Text amendment.

A.

City initiated text amendments. The mayor, any member of the city council, or the city administrator may initiate an amendment to the text of this Zoning Code.

B.

Public hearings and notification. Text amendments to this Zoning Code shall follow the same process as a zoning case as provided in Subsection 17.05.260.6, Rezoning and prezoning.

C.

Planning commission recommendation required. No amendment to this Zoning Code shall be effective unless the city council has received a final report from the planning commission on the merits of the amendment.

17.05.260.4 Appeal of interpretation.

A.

Generally. The purpose of administrative appeals is to provide an opportunity for affected parties to seek appellate review of a decision of a responsible official or the planning commission in a timely and inexpensive way. Administrative appeals are decided by the planning commission.

B.

Standards of review. The planning commission shall decide appeals according to the same standards that the decision-maker was to apply to the application.

C.

Scope of review. The planning commission shall review the application in the same manner as the decision-maker. However:

1.

No evidence shall be presented to the appellate body that was not considered by the decision-maker; and

2.

No issues shall be reviewed by the appellate body that were not described or obviously implied by the petition for appeal.

D.

Parties to appeal.

1.

A person or entity may appeal an interpretation made by the director if it demonstrates:

a.

That final action of the city caused it injury;

b.

The injury is different in kind or degree from injury to members of the general public; and

c.

The injury can be remedied if the appeal is granted.

2.

Any person or entity that owns property within three hundred feet of any parcel line of the parcel that is the subject of the appeal shall not be required to demonstrate injury.

E.

Appeal application. An administrative appeal is initiated by filing a written application, addressed to the planning commission, along with the required fee, which has been set by the city council by resolution. The notice of appeal shall include the following information:

1.

The name, address and telephone number of the petitioner;

2.

A reference to the specific Zoning Code provision in question;

3.

A statement indicating how the petitioner qualifies as a party, pursuant to either Subsections D.3., D.4., or D.5. above; and

4.

A specific statement regarding the director's interpretation and the different interpretation that the applicant seeks.

F.

Timing of appeal. Appeal petitions shall be filed within ten days of the date of the director's interpretation. Failure to file within ten days shall render the application null and void.

G.

Notice. Notice of the public hearing on an appeal shall be mailed to all property owners within three hundred feet of the boundaries of the parcel that is the subject of the appeal, and shall be published in a newspaper of general circulation in the city not less than fifteen days before the hearing.

H.

Public hearing and decision. The planning commission shall hold a public hearing on the appeal at the next available regular meeting, after having received the facts in the case from the director and hearing the appeal from the applicant. Decisions regarding appeals shall be reduced to writing, executed by the chair of the planning commission. Such written decisions shall include the factual basis for the decision and a record of the vote on the decision by the planning commission.

17.05.260.5 Variance.

A.

Generally. Variances are variations from the strict application of this Zoning Code. Variances shall be granted only in the exceptional circumstances that are set out in Subsection C. An applicant for a variance is not required to have an application denied by the planning director before seeking the variance.

B.

Application. Applications for variances to the terms of this Zoning Code shall be submitted on a form approved by the director.

C.

De minimus variances. The director may, but is not required to, grant a variance without review by the planning commission if:

1.

The variance request is to a setback or height regulation; and

2.

The variance would result in substantial compliance, achieving ninety percent or more compliance with the minimum setback or maximum height requirement.

D.

Decision criteria. The planning commission may authorize a variance in height, lot area, and/or yard regulations only in cases where strict compliance with the terms of this Zoning Code would result in unreasonable hardship and only in a manner so as to grant relief without substantial injury to the public health, safety and general welfare. The planning commission shall not grant a variance unless and until the following conditions are satisfied:

1.

There are extraordinary and exceptional conditions pertaining to the subject property because of its size, shape, or topography that are not applicable to other lands or structures in the same district;

2.

The need for a variance or the extraordinary and exceptional conditions do not result from the actions of the applicant;

3.

Granting the variance will not confer on the applicant any special privilege that is denied to other lands or structures in the same district;

4.

A literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located;

5.

Granting of the variance will be in harmony with the general purpose and intent of this Zoning Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare;

6.

The variance requested is the minimum variance that will make possible a permitted use of the land, building or structure;

7.

The variance will not permit a use of land, building or structure that is not otherwise permitted in the applicable district;

8.

The variance will not permit an intensity of use of land that is not permitted in the applicable district;

9.

The variance is consistent with the city's general plan; and

10.

No other relief is available through the application of alternative development standards or an alternative development configuration that is allowed by this Zoning Code.

E.

Conditions of approval. The planning commission may condition approval of the variance as necessary to protect the public health, safety and welfare.

F.

Expiration and extension. If the permit that is approved subject to a variance expires, then the variance shall become null and void without further action or notice. The planning commission may, at its discretion, grant one extension of the variance for up to twelve months.

G.

Revocation of variance. If the conditions of the approved variance are not complied with, then the director may revoke the variance and shall notify the property owner in writing of such revocation.

H.

Parties to appeal.

1.

A person or entity may appeal a determination made by the director if it demonstrates:

a.

That final action of the city caused it injury;

b.

The injury is different in kind or degree from injury to members of the general public; and

c.

The injury can be remedied if the appeal is granted.

2.

Any person or entity that owns property within three hundred feet of any parcel line of the parcel that is the subject of the appeal shall not be required to demonstrate injury.

I.

Appeal application. An administrative appeal is initiated by filing a written application, addressed to the planning commission, along with the required fee, which has been set by the city council by resolution. The notice of appeal shall include the following information:

1.

The name, address and telephone number of the petitioner;

2.

A reference to the specific variance in question;

3.

A statement indicating how the petitioner qualifies as a party, pursuant to either Subsections H.1., or H.2. above; and

4.

A specific statement regarding the director's interpretation and the different interpretation that the applicant seeks.

J.

Timing of appeal. Appeal petitions shall be filed within ten days of the date of the director's decision on the variance. Failure to file within ten days shall render the application null and void.

17.05.260.6 Rezoning and prezoning.

A.

Generally. Rezoning is the change of the zoning classification that applies to a lot or parcel.

B.

Application. Applications for approval of a rezoning shall be on a form approved by the director.

C.

Public hearings and legal notification required. The planning commission shall hold at least one public hearing prior to making its recommendation to the city council. The city council shall also hold at least one public hearing on the rezoning request prior to making its decision. Legal notifications for the public hearings shall follow the requirements listed in Appendix B.

D.

Decision criteria. The city council may approve an application for rezoning after recommendation by the planning commission if:

1.

The request is consistent with the policies in the general plan;

2.

The request is consistent with the future land use map of the general plan;

3.

Public facilities are in place or committed that will provide an acceptable and appropriate level of service for development under the requested zoning classification;

4.

The rezoning would not cause untimely urban sprawl; and

5.

The rezoning would not cause material degradation of the quality of life of residential neighborhoods; including but not limited to such factors as:

a.

The creation of material of new demand for heavy truck traffic through the neighborhoods;

b.

The functional failure (degradation to level of service F) of any intersections within one thousand three hundred twenty feet of the entrances to the parcel for which rezoning is requested; or

c.

The introduction of uses that are prone to be nuisances when located near residential areas if insufficient spacing or room for buffering is available.

(Ord. No. 244-21, § 1, 7-21-2021)

17.05.270.1 Creation of design review process and procedures.

A.

Design review process.

1.

The city council hereby agrees to establish appropriate standards and guidelines herein referred to as the design review manual, for the use of persons planning developments and signage after the effective date that are subject to design review approval and paint colors.

2.

The design review manual will set forth in pictorial and/or narrative form to illustrate undesirable as well as desirable examples of design and appropriate paint colors.

3.

The design review manual shall include design standards and guidelines that apply to both discretionary and ministerial review. Those standards and guidelines identified for housing development (see Section 17.01.050.13) shall include variations for review of ministerial (objective) standards that are applicable to affordable and streamline housing developments in accordance with California Government Code Sections 65940 thru 65950 and 65913.4.

4.

The design review manual shall be available for public reference in the planning department.

B.

Design review procedures.

1.

The city council shall adopt a procedures document that sets forth the rules, procedures and criteria for conducting design review and approval of paint colors.

2.

A record copy of the current procedures document shall be maintained in the office of the city clerk and in the planning department. Copies shall be available to the general public.

17.05.270.2 Standards for design review permit.

A.

General. The standards of this section are applicable to all buildings and structures that require design review.

B.

Application. Applications for approval of design review shall be on a form approved by the director.

C.

Standards of approval. All projects subject to design review shall demonstrate consistency with the design review manual or certain housing projects that require ministerial review as referenced in Section 17.01.050.13, shall demonstrate compliance with objective design standards in accordance California Government Code Sections 65940 thru 65950 and 65913.4..

(Ord. No. 244-21, § 1, 7-21-2021)

17.05.280.1 Application of standardized development approval procedures.

A.

Generally. The standardized approval procedures of this section apply to all applications for development approval that are set out in Section 17.05.240.2, Administrative permits and Subsection 17.05.240.3, Public hearing permits.

B.

Development approval process. In general, the approval procedures set out in this section are intended to be undertaken in sequence until the application is considered and decided by the approving body as identified in Subsection 17.05.240.2, Administrative permits or Susbection 17.05.240.3, Public hearing permits.

17.05.280.2 Pre-application conference.

A.

Generally.

1.

A pre-application conference may be held for all applications for development approval. At the pre-application conference, the responsible official and other members of city staff, as appropriate, will meet with the applicant to review preliminary materials, identify issues, and advise the applicant regarding which applications and approvals will be required from the city and what information will have to be provided.

2.

Informal meetings may be scheduled prior to a pre-application conference, at the discretion of the applicant and the city staff.

B.

Meeting materials. Meeting materials submittal requirements shall be in accordance with the submittal requirements maintained by the director.

17.05.280.3 Filing of application.

A.

Generally. Every application for development approval required by this Zoning Code shall be submitted on a form approved by the director, along with the corresponding application fee.

B.

Forms.

1.

The director may promulgate and periodically revise forms for each type of application required by this Zoning Code.

2.

Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the responsible official, and have the purpose of facilitating:

a.

The evaluation of applications for compliance with the standards of this Zoning Code; and

b.

The administration of this Zoning Code.

C.

Schedule. The responsible official is authorized, but not required, to establish regular intake days for any or all classifications of applications for development approval, provided that:

1.

The schedule is posted at city hall and on the city's worldwide web site; and

2.

The schedule provides for applications to be submitted:

a.

At least once per week for applications listed in Subsection 17.05.240.2, Administrative permits, except site permits and building permits, which shall not be limited to certain days.

b.

At least twice per month for applications listed in Subsection 17.05.240.3, Public hearing permits.

3.

The schedule does not restrict the timing of notices of appeal.

17.05.280.4 Application completeness review.

A.

Generally. Within thirty business days after an application is submitted, the director shall review the application to verify that it is complete.

B.

Incomplete applications.

1.

Incomplete applications shall be returned to the applicant with a written explanation that describes in general terms the materials that must be submitted in order to complete the application.

2.

An application that does not include the applicable processing fee shall be deemed incomplete.

C.

Complete applications. Complete applications shall be processed according to the applicable procedures of this chapter.

17.05.280.5 Administrative review.

A.

Administrative review. When the director determines that an application is complete, then he or she shall cause the application to be reviewed for technical compliance with all applicable requirements of this Zoning Code.

B.

Administrative recommendation or decision.

1.

If the application is for an administrative permit the director shall approve, approve with conditions, or deny the application, as appropriate; or

2.

If the application is for an administrative permit that requires ministerial review the director shall approve it when it complies with ojective standards of this code, and when applicable, objective design standards of the Design Review Manual; or

3.

If the application is for a public hearing permit, the director shall make a recommendation regarding the application and forward it to the next body that will consider it for further recommendation or approval.

17.05.280.6 Design review committee permit.

A.

Generally. All projects that are subject to review by the design review committee, as determined by the procedures section of the design review manual, shall be considered by the committee.

B.

Decision or recommendation. The design review committee shall:

1.

Approve the application;

2.

Approve the application with conditions;

3.

Deny the application with direction to the director to return to the committee with a written document describing the findings for this action; or

4.

Continue the application.

5.

If the application is subject to ministerial review and is referred to the Design Review Committee by the director, the Committee's comments shall be limited to compliance objective standards of this Zoning Ordinance and with objective standards of the Design Review Manual in accordance California Government Code Sections 65940 thru 65950 and 65913.4.

In the case of required commission determination, the committee shall make a recommendation to the commission.

C.

Appeal of denied application.

1.

If the committee or commission denies an application and is otherwise the final decision body over the design of the project, then the applicant may appeal the decision to the city council.

2.

Appeal petitions shall be filed with the city clerk within fourteen days of the date of the committee's or commission's determination. Failure to file within fourteen days shall render the application null and void.

17.05.280.7 Planning commission public hearing.

A.

Generally. All public hearing approvals require a public hearing before the planning commission, as may be required by Subsection 17.05.240.3, Public hearing permits.

B.

Hearing procedures. The planning commission shall adopt rules of procedure for the conduct of public hearings. The following general procedures shall be reflected in the adopted rules of procedure:

1.

Any person may appear at a public hearing, submit evidence, and be heard.

2.

If a speaker represents an organization, the body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration.

3.

Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.

4.

Citizens, applicants, and the city shall have the right to present expert witnesses.

5.

No action may be taken on items that are not on the planning commission agenda.

C.

Decision or recommendation. The planning commission shall:

1.

Approve the application;

2.

Approve the application with conditions;

3.

Deny the application with direction to the director to return to the commission with a written document describing the findings for this action;

4.

Continue the application.

5.

In the case of a rezoning, the commission shall make a recommendation to the city council.

D.

Appeal of planning commission decision. Any interested person may appeal a decision of the planning commission if it is otherwise the final decision making body over the application, to the city council.

1.

Grounds for an appeal. The applicant shall demonstrate grounds for appeal:

a.

That final action of the planning commission caused it injury;

b.

The injury is different in kind or degree from injury to members of the general public; and

c.

The injury can be remedied if the appeal is granted.

2.

Timing of appeal. Appeal petitions shall be filed with the city clerk within ten days of the date of the decision being appealed. Failure to file within ten days shall cut off the right of appeal.

3.

Standards to be reviewed. The city council will decide appeals according to the same standards that the planning commission was to apply to the application.

4.

Decision. The city council, after holding a public hearing, notice for which followed the same standards as for a rezoning, and in accordance with Subsection B., above, shall:

a.

Reverse the decision of the planning commission;

b.

Uphold the decision of the planning commission;

c.

Remand the case to the planning commission for consideration of specific points that were not previously considered in the case.

17.05.280.8 City council public hearing.

A.

Generally. Public hearing approvals that require a decision by the city council according to Subsection 17.05.240.3, Public hearing permits shall be heard at public hearing by the city council pursuant to this section.

B.

Hearing procedures. The city council shall adopt rules of procedure that are consistent with the following objectives:

1.

Any person may appear at a public hearing, submit evidence, and be heard.

2.

If a speaker represents an organization, the city council may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration.

3.

Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.

4.

Citizens, applicants, and the city shall have the right to present expert witnesses.

C.

Decision. After the public hearing on the application, and after having received a recommendation from the planning commission, the city council shall:

1.

Approve the application;

2.

Approve the application with conditions;

3.

Deny the application;

4.

Continue the hearing on the application; or

5.

Refer the application back to the planning commission for further review and recommendation.

17.05.280.9 Continuances and withdrawals of application.

A.

Continuances. Requests for continuance of any proceeding called for herein may be granted at the discretion of the body holding the public hearing. If granted, the applicant shall pay all additional costs associated with the rescheduling of the proceeding.

B.

Withdrawal. Any applicant may withdraw an application, either in writing or on the record during the proceeding before the recommendation or decision is made.

C.

Automatic withdrawal. An application will be considered automatically withdrawn if there is no activity made on the application by the applicant during any thirty-day period. The director may issue a letter providing the applicant an opportunity to activate the application.

17.05.280.10 Approval; effect of approval.

A.

Generally. Approval of an application authorizes only the particular use, plan, or other specific activity for which the approval was granted. Supplemental materials that are provided in support of an approval become part of the approval (e.g., elevations, lists of building materials, etc.) unless otherwise noted in the approval itself.

B.

Continuity of approvals. Approvals run with the land that is the subject of the approval. Text amendments and use interpretations generally impact more than one parcel of land, and therefore are effective city-wide until repealed or modified in due course.

C.

Writing and findings required. Approvals shall be reduced to writing and shall include findings that support the decision. For administrative approvals, the approval and findings shall be signed by the responsible official. For discretionary approvals and appeals, the approval and findings shall be signed by the person who presided over the meeting in which the decision was made.

D.

Expiration of approvals.

1.

Permitted time frames for an approval do not change with changes in ownership and shall expire as indicated in Table 17.05.280.10, Time Limitations and Extensions, if either of the following occur:

a.

A building permit or site permit has not been issued to establish the use authorized in the approval; or

b.

The use does not require a building permit and is not established, ongoing, and in operation.

2.

Although a permit may expire, nothing in Subsection D.1., above, abrogates the right to seek a new permit. However, the new permit application will be decided based on its compliance with the standards that are in place at the time it is filed.

3.

Any approval not listed in Table 17.05.280.10, Time Limitations and Extensions, shall not expire. Such approvals shall continue in force until superseded by an amendment to this Zoning Ordinance, a subsequent, inconsistent application, or other similar specific action that would alter the approval.

4.

In any case wherein demolition or removal of any existing structure is a part of design review approval, the demolition or removal shall be completed, and all debris removed from the site, within the specific period of days designated in the design review approval, or the entire design review approval shall be deemed to have expired for cause.

E.

Extensions of approvals.

1.

Upon written request and good cause shown, one extension may be granted by the decision-making body for a period not to exceed the original approval period. No request for an extension shall be considered unless a written application requesting the extension is submitted to the responsible official no later than one month prior to the expiration of the approval. Failure to submit an application for an extension within the time limits established by this subsection shall result in the approval's expiration as provided above.

2.

This subsection does not apply to building permits if evidence of good-faith effort toward completion is provided to the responsible official.

F.

Effect of appeals and litigation. If there is an appeal or litigation during the time period that limits the applicant's ability to proceed, the appeal or litigation shall suspend the expiration date of the approval, and the date shall be recalculated when the appeal or litigation, including appeals, is complete. The new expiration date shall be established by adding the number of days that the approval remained valid before the appeal or litigation commenced to the date the appeal or litigation was completed by a final, nonappealable order. This subsection does not apply if the litigation is related to enforcement of a violation of this Zoning Code.

17.05.280.11 Successive applications.

A.

Generally. It is the policy of the City of Williams not to hear successive applications for the same approval after an application is denied. The limitations of this section prevent the consideration of successive applications for the same project.

B.

Time required between substantially similar applications. The city shall not accept any application that is substantially similar to an application that was denied within the period set out below:

1.

Generally. Six months shall elapse between the date an application is denied and the date a substantially similar application is filed.

2.

Rezonings. Rezonings follow the general rule of Subsection B.1., above, except that if substantially similar rezoning applications are denied twice, two years shall elapse from the last date of denial before a new substantially similar application is accepted for processing.

C.

Appeal and waiver of restrictions.

1.

The responsible official's determination that an application is substantially similar to a denied application is subject to administrative appeal.

2.

In the alternative to an appeal, the applicant may seek a waiver of the successive application rules from the city council, which may grant the waiver for good cause shown.

17.05.280.12 Certificate of occupancy.

A.

Certificate of occupancy required. All building permits issued by the city after the effective date shall be completed with the applicant's request for a certificate of occupancy.

B.

New construction. No newly constructed building or premises shall be occupied until a certificate of occupancy is issued.

C.

Change of use. No existing building that has been issued a building permit for a change of its use shall be occupied until a certificate of occupancy is issued.

D.

Final inspection.

1.

Site inspection. In addition to other inspections required by the city, the applicant shall request a final inspection, and allow access to the property, to confirm compliance with all requirements of this Zoning Code and conditions of plan and use approval.

2.

Landscaping inspection. Prior to issuing a final certificate of occupancy the applicant shall submit a letter, signed by the landscape designer or landscape architect, certifying that the required landscaping and irrigation has been installed in accordance with the approved project design.

3.

Design review. A certificate of occupancy shall not be issued in part or whole for any building or group of buildings subject to design review unless and until the work specified in the design review approval has been completed.

E.

Decision criteria. The building official shall only issue the certificate of occupancy upon a finding that all requirements of this Zoning Code, conditions of approval, and other applicable code requirements are met.

17.05.280.13 Deferred installation of landscaping.

A.

Grounds for deferral. In the event of a declared drought or during the winter season, or if the landscaping installation would otherwise have reduced probability of survival, the director may defer the installation of landscaping to a specified date.

B.

Surety required. A good and sufficient surety bond, case deposit or a letter of credit shall be filed with the director prior to the issuance of a certificate of occupancy. The surety bond shall be written by a surety company authorized to do business in this state. The letter of credit shall be issued by a bank which is authorized to do business in this state.

C.

Amount of surety. The bond, case deposit or letter of credit, shall be in an amount fixed by the director to insure that all landscape materials are provided and installed in accordance with the landscape plan plus twenty percent contingency to defray administrative costs.

17.05.280.14 Certificate of completion.

A.

A certificate of completion is required for landscaping and irrigation work upon with completion of improvements.

B.

The certificate of completion shall include the following elements:

1.

Project information sheet that contains:

a.

Date;

b.

Project name;

c.

Project applicant name, telephone and mailing address;

d.

Project address and location; and

e.

Property owner name, telephone and mailing address.

2.

Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape plan package;

3.

Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certificate;

4.

A regular maintenance schedule that includes:

a.

Routine inspection;

b.

Adjustment and repair of the irrigation system and its components;

c.

Aerating and dethatching turf areas;

d.

Replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices.

5.

An irrigation schedule that includes:

a.

Parameters used to set the automatic controller shall be developed and submitted for each of the following:

i.

The plant establishment period;

ii.

The established landscape; and

iii.

Temporarily irrigated areas.

b.

Information for each station for all of the following that apply:

i.

Irrigation interval (days between irrigation);

ii.

Irrigation run times (hours or minutes per irrigation event to avoid runoff);

iii.

Number of cycle starts required for each irrigation event to avoid runoff;

iv.

Amount of applied water scheduled to be applied on a monthly basis;

v.

Application rate setting;

vi.

Root depth setting;

vii.

Plant type setting;

viii.

Soil type;

ix.

Slope factor setting;

x.

Shade factor setting; and

xi.

Irrigation uniformity or efficiency setting.

6.

An irrigation audit report, that includes:

a.

Inspection;

b.

System tune-up;

c.

System test with distribution uniformity;

d.

Reporting overspray or runoff that causes overland flow; and

e.

Preparation of an irrigation schedule.

7.

Soil analysis report, if not submitted with the landscape plan package, and documentation verifying implementation of report recommendations. Irrigation audit report.

C.

The project applicant shall:

1.

Submit the signed certificate of completion to the city for review;

2.

Ensure that copies of the approved certificate of completion are submitted to the local water purveyor and property owner or his or her designee.

D.

The director shall:

1.

Receive the signed certificate of completion from the project applicant;

2.

Approve or deny the certificate of completion. If the certificate of completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance.

(Ord. No. 244-21, § 1, 7-21-2021)