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MOORPARK CITY COUNCIL„^�.� E A
AGENDA REPORT
TO: Honorable City Council
FROM:
Deborah
S. Traffenstedt,
ATOM /City Clerk
DATE:
May 11,
2001 (CC Meeting
of 6/6/01)
SUBJECT: Consider Re- Introduction of Ordinance No. 271
for First Reading - -An Ordinance Adopting Zoning
Ordinance Amendment ZOA 2001 -02 to Title 17,
Zoning, of the Municipal Code of the City of
Moorpark, by Amending Chapter 17.44
"Entitlement Process And Procedure" and Chapter
17.60 "Amendments to this Title"
BACKGROUND AND DISCUSSION
Ordinance No. 271 was introduced for first reading on May 2, 2001.
The City Attorney has advised that staff proposed edits to Ordinance
No. 271 (see attached ordinance with legislative format included)
require the re- introduction of the ordinance for first reading.
STAFF RECOMMENDATION
Introduce ordinance No. 271 for first reading.
Attachment: Ordinance No. 271
00343,
ORDINANCE NO. 271
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, ADOPTING ZONING
ORDINANCE AMENDMENT ZOA 2001 -02 TO TITLE 17,
ZONING, OF THE MUNICIPAL CODE OF THE CITY OF
MOORPARK, BY AMENDING CHAPTER 17.44
"ENTITLEMENT PROCESS AND PROCEDURE" AND
CHAPTER 17.60 "AMENDMENTS TO THIS TITLE"
WHEREAS, at a duly noticed public hearing on April 18, and
May 2, 2001, the City Council considered the recommendations of
the Planning Commission concerning certain Zoning Ordinance
Amendments which include: a) modifications and clarification to
entitlements procedures and processes; and, b) a — sidbstantial
i �eenstr:aetin— modifications and clarification of the methods
and process for acquiring amendments to the General Plan,
Specific Plans, Zoning Map and Zoning text; and
WHEREAS, the Planning Commission of the City of Moorpark
considered the referenced amendments at duly noticed public
hearing as indicated herein and took the actions indicated
herein: a) Zoning Ordinance Amendment 2001 -02 was considered by
the Planning Commission on February 12, and 26, 2001, and
Resolution PC- 2001 -402 was adopted recommending City Council
approval of said amendments; and
WHEREAS, the Planning Commission considered the referenced
amendments in response to City Council direction as contained in
Resolutions 97 -1312 and 97 -1367;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 17.44, "Entitlement Process and
Procedures" of Title 17, Zoning, of the Municipal Code of the
City of Moorpark is hereby replaced in its entirety as shown in
Exhibit A, attached hereto and incorporated herein by this
reference;
SECTION 2. Chapter 17.60, "Amendments to this Title" of
Title 17, Zoning, of the Municipal Code of the City of Moorpark
is hereby replaced in its entirety as shown in Exhibit B,
attached hereto and incorporated herein by this reference;
SECTION 3. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held
CO 0- 3 4
Ordinance No. 271
Page 2
to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION S. The City Clerk shall certify to the passage and
adoption of this Ordinance; shall enter the same in the book of
original ordinances of said city; shall make a minute of the
passage and adoption thereof in the records of the proceedings
of the City Council at which same is passed and adopted; and
shall within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark
Star, a newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and which
is hereby designated for that purpose.
PASSED AND ADOPTED this 6th day of June 2001.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment:
Exhibit A: Amended Chapter 17.44
Exhibit B: Amended Chapter 17.60
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Ordinance No. 271
Page 3
Chapter 17.44
ENTITLEMENT -- PROCESS AND PROCEDURES
Sections:
17.44.010 Purpose.
17.44.020 Legal lot requirement.
17.44.030 Entitlement.
17.44.040 Filing and processing of application requests.
17.44.050 Notice and hearing procedures.
17.44.060 Decisions.
17.44.070 Reapplication.
17.44.080 Modification, suspension and revocation.
17.44.090 Appeals.
17.44.100 Effect of change of zoning regulations.
17.44.010 Purpose.
The purpose of this chapter is to establish procedures for the
processing of land use entitlement, including permits and
variances. (Ord. 189 § 3 (8111 -0), 1994)
17.44.020 Legal lot requirement.
No permit shall be issued for construction on a lot, which is
not a legal lot, as defined by this title. (Ord. 189 § 3 (8111 -
1), 1994)
17.44.030 Entitlement.
A. Discretionary Permits. Entitlement authorized by this title
include the following:
1. Types of Discretionary Permits.
a. Planned Development (PD) Permit.
A planned development permit is a permit based on a
discretionary decision required prior to initiation of specified
uses and structures, which are allewed
-r�permitted within the zone district (as opposed to a
conditional use), but which are subject to site plan review and
which may be conditioned in order to assure compliance with the
requirements of this title and with the purposes of the
applicable zone.
Ordinance No. 271
Page 4
Planned development permits may be granted by the
administrative hearing process or by the planning commission or
city council through a public hearing process. This includes
industrial planned development (IPD), residential planned
development (RPD) and commercial planned development (CPD).
b. Conditional Use Permit (CUP).
A conditional use permit is a permit based on a discretionary
decision required prior to initiation of particular uses not
allowed as a matter of right. Such permits are subject to site
plan review and may be conditioned at the time of approval. The
application for such a use shall be approved, conditionally
approved, or denied through a public hearing process before the
decision - making authority specified in Table 17.20.060. The
procedures for notice of the public hearing, conduct of the
hearing and receipt of testimony shall be as specified in
Section 17.44.0450. The application may be denied on the basis
that the applicant has not met the applicable burden of proof
required by 17.44.030.A.2.a through f.
Prior to approving, conditionally approving, or denying an
application, the decision - making authority shall make written
findings based upon substantial evidence in view of the whole
record to justify the decision. With the exception of projects
initiated by a city agency or department and for conditional use
permits for alcoholic beverages, when the city council is the
decision - making authority, the application shall first be
reviewed by the planning commission. When the planning
commission is the decision - making authority, its decision to
approve, conditionally approve, or deny the application may be
appealed to the city council pursuant to Section 17.44.090.
c. Temporary Special Use Permit. (TUP)
The director of community development may authorize, by
zoning clearance, a use or structure for a temporary period of
time (not to exceed ninety (90) days). Where a delay incident to
the normal processing of an application would be detrimental to
the applicant or the public, the director of community
development may grant additional ninety (90) day extensions to
the temporary special use permit. Temporary use permits shall be
considered discretionary permits and as such may be conditioned
so as to not be physically detrimental to the health, safety,
life or property of the applicant or the public.
Examples of temporary use permits include but are not limited
to; special events such as Christmas tree sales, promotional
parking lot sales, church carnivals, country days and sidewalk
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Ordinance No. 271
Page 5
sales, provisions for uses for a limited period of time
consistent with the zoning district where located —a '�
These permits may be reviewed by other affected agencies
prior to approval. The purpose of the review is to determine if
such a requested use is in any way a problem as it relates to
the adjacent uses. A temporary use permit may be revoked by the
approving authority prior to the expiration date based upon
information that the conditions have not been complied with, or
other justifiable reason as determined by the approving
authority.
d. Administrative Permit (AP).
An administrative permit is a director of community
development approved permit based on a discretionary decision
required prior to initiation of a use or structure requiring the
permit. Administrative permits are subject to site plan review
and may be conditioned in order to assure compliance with the
requirements of this title and with the purposes of the
applicable zone. At least ten (10) days prior to approval or
denial of the permit, the director of community development
shall provide a notice by U.S. mail to surrounding property
owners within three hundred (300) feet of the property, as
identified by the latest equalized assessment role of Ventura
County, of the director's intention to approve or deny the
permit. All notices shall include the identity of the director
of community development as the approving authority; a general
explanation of the matter to be considered; a general
description, in text or by diagram, of the subject property; and
a final date by which comments must be received by the director
of community development for the hearing date. Prior to
approval, conditional approval, or denial of the administrative
permit, a hearing date shall be set by the director of community
development. The public may attend the hearing and give
testimony. The director's decision is subject to an appeal
period which shall end ten (10) calendar days after the
director's decision is rendered pursuant to Section 17.44.060,
or on the following workday if the tenth (10th) day falls on a
weekend or holiday.
e. Administrative Permits within the Downtown Specific Plan.
Discretionary permits within the boundaries of the Downtown
Specific Plan that may be required by this code for the
conversion of a residential building or use to a commercial use
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Ordinance No. 271
Page 6
or to a commercial office use, or, to provide entitlements where
a previous planned development permit has not been issued, shall
be subject to the review and approval of the director of
community development. Notice and hearing shall be given in the
same manner, as that required for an administrative permit as
set forth in Section 17.44.030.A.1.d. The director's decision
is subject to an appeal period which shall end ten (10) days
after the director's determination letter is rendered pursuant
to Section 17.44.060.
Plans similar in content and information to those typically
required for a commercial planned development permit (CPD) shall
be prepared and submitted as a portion of the application for
all discretionary permits within the Downtown Specific Plan area
as established by this section.
2. Discretionary Permit Standards.
Planned development, conditional use permits, administrative
permits and temporary use permits may only be granted if all
billed fees and charges for processing the application request
that are due for payment have been paid. All of the standards of
sub - paragraphs a. through f. must be met. The decision- making
authority may impose such conditions and limitations, including
time limits, it deems necessary to allow the standards to be
met. The applicant shall have the burden of proving to the
satisfaction of the appropriate decision - making authority that
the proposed development:
a. Is consistent with the intent and provisions of the city's
general plan, and any applicable specific plan and this title;
b. Is compatible with the character of surrounding
development;
c. Would not be obnoxious or harmful, or impair the utility
of neighboring property or uses;
d. Would not be detrimental to the public interest, health,
safety, convenience or welfare;
e. If a conditionally permitted use, is compatible with
existing and planned land uses in the general area where the
development is to be located; and
f. Is compatible with the scale, visual character and design
of the surrounding properties, designed so as to enhance the
physical and visual quality of the community, and the
structure(s) have design features which provide visual relief
and separation between land uses of conflicting character.
Ordinance No. 271
Page 7
3. Additional Standards for A -E Zone.
In addition to the provisions of subsection A(2) of this
section, before any permit is issued for any land use which
requires a conditional use permit in the A -E zone, the following
standards shall be met or be capable of being met with
appropriate conditions and limitations being placed on the user
a. That the establishment or maintenance of this use will not
significantly reduce, restrict or adversely affect agricultural
resources or the viability of agricultural operations in the
area;
b. That structures will be sited to minimize conflicts with
agriculture and that other uses will not significantly reduce,
restrict or adversely affect agricultural activities on -site or
in the area, where applicable; and
c. That the use will be sited to remove as little land from
agricultural production (or potential agricultural production)
as possible.
4. Compliance with Other Documents.
When necessary to ensure consistency with other city planning
documents such as, but not limited to, Specific plans,
conditions which are more restrictive than the standards of this
title may be imposed on discretionary permits.
5. Additional Standards for Overlay Zone.
In addition to the provisions of subsection A(2) of this
section, development within any overlay zone having specific
development standards, pursuant to Chapter 17.36, must comply
with such standards.
6. Additional Standard for Hazardous Waste Facilities.
For any proposed development of a hazardous waste facility,
the following additional standard must be made or be capable of
being made with conditions and limitations being placed on the
use:
a. That the proposed hazardous waste facility is consistent
with the portions of the county hazardous waste management plan
which identifies specific sites or siting criteria for hazardous
waste facilities.
7. Additional Standards for Establishments Selling Alcoholic
Beverages.
If the proposed development is an establishment selling
alcoholic beverages, the applicant shall have the burden of
proving, in addition to the provisions of subsection A(2) of
this section, that:
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Ordinance No. 271
Page 8
a. The use will not result in an over concentration in the
area of establishments selling alcoholic beverages;
b. The use will serve a public convenience;
c. The use will not create the need for increased police
services;
d. The requested use at the proposed location will not
adversely affect the economic welfare of the community; and;
e. The exterior appearance of the structure will not be
inconsistent with the external appearance of commercial
structures already constructed or under construction on
surrounding properties, or within the immediate neighborhood so
as to cause blight, deterioration or substantially diminish or
impair property values within the neighborhood.
B. Other Entitlement.
1. Zoning Clearance.
A zoning clearance is a permit which is granted on the basis
of a ministerial decision by the director of community
development or designee without a hearing. A zoning clearance
certifies that a proposed use of land or structures meets all
requirements of this title and the applicable conditions of any
previously approved permit.
a. Applicability of Zoning Clearance. Except as provided in
Section 17.20.030, a zoning clearance is required prior to the
implementation of uses of land or structures, construction
requiring building permits, and the commencement of any activity
authorized by a permit or subdivision granted in accordance with
the zoning and subdivision ordinances of the city. A zoning
clearance shall be issued if the proposed use of land or
structures:
i. Is permissible under the present zoning on the land and
the city's zoning and subdivision ordinances;
ii. Is compatible with the policies and land use
designations specified in the general plan, and any applicable
specific plan;
iii. Complies with the applicable terms and conditions of
any applicable permit or other entitlement;
iv. Is not located on the same lot where a violation of
this title exists or of the terms of an existing permit covering
the lot, unless the zoning clearance is necessary to the
abatement of the existing violation;
V. Is not being requested by or on a site or for the same
party that owes the city fees for charges under Section
17.44.040�.H;
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Ordinance No. 271
Page 9
vi. Is not located on the same lot where a violation
exists of any city ordinance regulating land use, such as the
city building code or any grading ordinance; and
vii. Is consistent with the portions of the county
hazardous waste management plan which identifies specific sites
or siting criteria for hazardous waste facilities.
b. Expiration. Zoning clearances shall expire one hundred
eighty (180) days after issuance, unless otherwise indicated on
the clearance or unless the use of land or structures or
building construction has commenced and is being diligently
pursued, as evidenced by current inspections and /or valid
building permits.
C. Variances.
Variances are adjustments in the regulations contained in this
title. Variances are based on discretionary decisions and may be
granted to allow deviations from ordinance regulations governing
such development factors as setbacks, height, lot coverage, lot
area and width, signs, off- street parking, landscaping and wall,
fencing and screening standards. Variances shall be processed in
accordance with the provisions of this chapter. Variances may
not be granted to authorize a use or activity which is not
otherwise expressly authorized by the zone regulations governing
the property. Except as provided in subsection G(S) D of this
section, variance requests shall be heard by the planning
commission through a public hearing process.
1. Purpose. The sole purpose of any variance shall be to
enable a property owner to make reasonable use of his or her
property in the manner in which other property of like character
in the same vicinity and zone can be used.
2. Standards for Variances. Before any variance may be
granted, the applicant must establish, and the decision - making
authority must determine, that all of the following standards
are met:
a. That there are special circumstances applicable to the
subject property with regard to size, shape, topography,
location or surroundings, such that the strict application of
the zoning regulations denies the property owner privileges
enjoyed by other property owners in the vicinity and under
identical zoning districts; and
b. That granting the requested variance will not confer a
special privilege inconsistent with the limitations upon other
properties in the same vicinity and zone; and
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Ordinance No. 271
Page 10
c. That strict application of the zoning regulations as they
apply to the subject property will result in practical
difficulties or unnecessary hardships inconsistent with the
general purpose of such regulations; and
d. That the granting of such variance will not be
detrimental to the public health, safety or general welfare, nor
to the use, enjoyment or valuation of neighboring properties;
and
e. That the granting of a variance in conjunction with a
hazardous waste facility will be consistent with the portions of
the county's hazardous waste management plan (CHWMP) which
identifies specific sites or siting criteria for hazardous waste
facilities.
3. Burden of Proof. The applicant shall have the burden of
proving to the satisfaction of the appropriate decision - making
authority that the above standards are met.
4. Duration. Any variance remains valid for so long as the
use or structure which requires the variance(s) continues.
D. Administrative Exception.
1. A request for a minor exception from standards of zoning
regulations may be approved by the director of community
development as an administrative exception, upon making the
following findings:
a. That the granting of the exception will not create impacts
to abutting properties; and
b. That the strict application of the zoning regulations as
they apply to the subject property will result in practical
difficulties or unnecessary hardships inconsistent with the
general purpose of such regulations; and
c. That the granting of the exception is consistent with the
General Plan and /or any applicable specific plan.
2. The director of community development shall provide a
notice of the request, the date when the action is to be taken
and a request for written comments for or against the request.
The notice shall be mailed to all surrounding property owners,
within three hundred (300) feet of the property, whose names
appear on the latest — equalized assessment roll of Ventura
County. A copy of the notice shall be provided to the city
council, planning commission and the city manager. An
administrative exception may be granted only in the following
situations:
a. To allow a decrease not to exceed twenty percent (20 %) in
any required minimum setback, provided that such exception may
Ordinance No. 271
Page 11
be granted only once-from the minimum standard adopted by this
code or any planned development permit approved consistent with
this code;
b. To allow a decrease not to exceed ten percent (10 %) in
required parking aisle width or similar dimensional
requirements;
c. To allow walls, fences or hedges to exceed the height
limit regulations by a maximum of one (1) foot in setback areas,
except in a required sight triangle;
d. To allow an increase not to exceed ten percent (10 %) for
maximum building coverage, or sign area or sign height.
e. To allow a five - percent (5 %) decrease in the required lot
area for second units.
(Ord. 265 § 1 (pant), 1999; (Ord. 234 §§ 3, 4, 1997; Ord. 196
3 (part), 1994; Ord. 189 § 3 (8111 -2), 1994)
17.44.040 Filing and processing of application requests.
A. Submission of Applications.
An application for a permit or variance may be filed by the
owner of the property or his /her authorized agent, a lessee who
holds a lease whose terms permit the use applied for, or by any
duly constituted government authority or agent thereof. Such
application requests shall be filed with the department of
community development. No application request shall be accepted
for filing and processing unless it conforms to the requirements
of this title, contains in a full, true and correct form the
required materials and information prescribed by the forms
supplied by the department of community development and is
accompanied by the appropriate processing fees.
B. Existing Violations.
No application request for an entitlement shall be accepted if
a violation of the zoning ordinance, subdivision ordinance or
municipal code exists on the lot, provided that the violation
was a result of the actions or inaction's of the applicant or
his predecessor(s) in interest, until the violation is abated,
unless the acceptance of the application is necessary to the
abatement of the existing violation.
C. Content of Applications.
The content of applications shall be determined by the city.
Site plans and elevations (in color, with building materials
identified), sample floor plans and samples of exterior
finishing materials may be required as part of the permit
Ordinance No. 271
Page 12
procedure. If the project is proposed to be developed in phases,
the sequence of such phases shall also be shown.
D. Completeness of application.
The applicant shall be notified in writing as to whether the
application is complete or incomplete, no later than thirty
calendar days after the city has accepted an application under
this title, except in the case of zone changes and General Plan
Amendments, which are legislative acts and thus are not subject
to the thirty (30) day limit. If the application is determined
to be incomplete, the applicant shall be notified in writing of
the reasons for such determination and of the information needed
to make the application complete.
1. Review of Supplemental Information. If an application is
deemed incomplete and the applicant subsequently submits the
required information, a new thirty (30) day review period begins
on the day that the supplemental information is submitted.
2. Termination of Incomplete Application. Upon written
notification to the applicant, processing of an incomplete
application may be terminated if no reasonable effort has been
made by the applicant to complete the application for a period
of ninety (90) days from the date of notification of
incompleteness. All unused fees shall be refunded to the
applicant. An extension to this ninety (90) day period may be
granted by the director of community development upon written
request by the applicant showing good cause.
E. Review and Conditioning of Applications.
Applications and proposed uses shall be reviewed to determine
the appropriate environmental document, and, by various city
departments as well as interested parties such as cities and
special districts which are involved in the review and
conditioning of projects.
1. Consultant Review. City staff may refer any application
request to an independent, qualified consultant for review and
evaluation of issues beyond the expertise or staffing
capabilities of the city. The costs for all such consultant work
combined with the administrative charge in effect at the time
for management of the consultant contract shall be borne by the
applicant and are independent of the fees paid to the city for
the processing of the application request.
2. Securities. Except as otherwise specified in this title,
the decision- making authority may impose a penal and /or
performance security on any discretionary entitlement as a
condition of such entitlement. The security(s) shall be filed in
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Ordinance No. 271
Page 13
a form acceptable to the city attorney and certified by the city
clerk.
a. The required amount of the security(s) may be increased
periodically by the director of community development in order
to compensate for inflation (based on the applicable regional
Consumer Price Index) or other factors, so that the same
relative value of the security is maintained over the life of
the permit, and to assure that performance securities continue
to reflect the actual anticipated costs for completing a
required task. No security shall be released until after all of
the applicable conditions of the permit have been met.
b. In the event of any failure by the permittee to perform
or comply with any term or condition of a discretionary
entitlement, the decision- making authority may, after notice to
the permittee and after a public hearing, determine by
resolution the amount of the penalty, and declare all or part of
the security forfeited. The sureties and principal will be
jointly and severally obligated to pay forthwith the full amount
of the forfeiture to the city. The forfeiture of any security
shall not insulate the permittee from liability in excess of the
sum of the security for damages or injury, nor from expense or
liability suffered by the city from any breach by the permittee
of any term or condition of the permit or of any applicable
ordinance or of the security.
c. The permittee shall maintain the minimum specified amount
of a penal security throughout the life of the entitlement.
Within thirty (30) days of any forfeiture of a penal security,
the permittee shall restore the security to the required level.
3. Abandoned Oil /Gas Wells. All projects will be reviewed for
location over or near any abandoned or idle - deserted oil or gas
well, based on maps provided by the State of California Division
of Oil and Gas (D.O.G.). In addition, project applicants shall
notify the city and D.O.G. immediately when such wells are
encountered in site preparation or construction. Applicants
shall bear the cost of re- abandonment if required prior to
project approval. The city will notify D.O.G. of the location of
any proposed project that is found to be over or near any such
well(s).
F. Vesting of Rights.
No person obtains any right or privilege to use land or
structures for any purpose or in any manner described in an
application merely by virtue of the city's acceptance of an
application.
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Ordinance No. 271
Page 14
G. Amendments to this Title.
An application to amend this title shall be proposed in
accordance with Chapter 17.60.
H.1. Fees.
Each application request for any purpose subject to the
regulations of this title, except appeals, shall be accompanied
by payment of all outstanding fees and charges billed by and
owed to the city by the applicant or by persons, partnerships,
corporations or other entities owned or controlled by the
applicant. Each application request for any purpose, including
appeals and requests for presubmittal review, shall be
accompanied by the fee specified by resolution of the city
council, before it is accepted for filing and processing.
2. Exemptions. No filing fee shall be charged or collected for
any application or appeal filed and signed by two planning
commissioners or any individual city councilmember in their
official capacity.
3. Penalty Fees. Where a use actually commences, or
construction to that end is commenced, prior to the granting of
the required permit or variance, the fee for said permit or
variance shall be doubled, provided that the city has notified
the property owner of the violation. Payment of such double fee
shall not relieve persons from fully complying with the
requirements of this code, nor from any other penalties
prescribed herein.
4. Failure to Pay. The city may include as a condition of
approval the requirement to pay all outstanding fees and charges
consistent with the adopted city Fee Resolution.
I. Continuance of Permit During Application Renewal Process.
1. Unless otherwise provided in the conditions of the permit,
permits being processed for renewal shall remain in full force
and effect until the renewal request is acted on and all
administrative appeals have been exhausted, provided that the
renewal application was accepted as complete by the city prior
to the expiration of the permit.
2. All the terms and conditions of the original permit must be
followed at all times. (Ord. 189 § 3 (8111 -3), 1994)
17.44.050 Notice and hearing procedures.
A. Notice.
1. Hearing notices prepared pursuant to this chapter for
subdivision matters, Planned Development Permits, General Plan
Amendments and Zone Changes, shall include the date, time and
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Ordinance No. 271
Page 15
place of the hearing, the identity of the hearing body or
officer, a general explanation of the matter to be considered,
and a general description, in text or by diagram, of the subject
property.
2. Whenever a hearing is required under this chapter before an
application can be acted upon, the city shall set a date, time
and place for the matter to be heard, and shall give public
notice of the hearing by publication in a newspaper of general
circulation within the jurisdiction of the city at least ten
(10) days prior to the hearing. The property shall be posted
with a sign as required by applicable provisions of this
Chapter.
3. In addition, if the hearing involves a discretionary permit
(other than an emergency use authorization) or modification
thereto, a variance or modification or revocation thereof, an
appeal regarding any variance or discretionary permit, or a
zoning ordinance amendment which affects the permitted uses of
property, then a written notice, postage prepaid, shall be
mailed to all of the following, pursuant to Government Code
Section 65091, as the same may be amended from time to time:
a. The owner of the subject property or the owner's duly
authorized agent;
b. The applicant, if different from the owner;
c. Each local agency whose ability to provide essential
services or facilities to the project may be significantly
affected by the project; and
d. The owners of real property situated within a radius of
one- thousand (1,0001) feet, with the exception of discretionary
permits identified by Section 17.44.030.A.1.e within the
Downtown Specific Plan area, or a variance request associated
with one (1) single- family residential dwelling unit, each of
which shall have a distance requirement of three hundred (300)
feet of the exterior boundaries of the assessor's parcel(s)
which is the subject of the application. Names and addresses
shall be obtained by the applicant from the latest equalized
assessment roll. If the number of owners exceeds one thousand
(1,000), a one - eighth (1/8) page display advertisement published
at least ten (10) days prior to the hearing in a newspaper of
general circulation within the jurisdiction of the city may be
substituted for the direct mailing.
e. All parts of this code relating to public hearing notices
shall be adhered to.
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Ordinance No. 271
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4. Notification shall also be mailed or delivered, at least
ten (10) days prior to the hearing, to any person who has filed
a written request for such notice with the director of community
development.
S. In the case of appeal hearings, notice shall also be
provided to the appellant and, if applicable, to the city
official, city councilmember, department, board or commission
whose order, requirement, permit, decision or determination is
the subject of the appeal.
6. At least eleven (11) days prior to the date of the hearing,
the applicant shall post on the property a notice of public
hearing. The notice shall be posted in accordance with the
provisions contained within this Chapter.
B. Hearing Procedures.
The decision - making authority(s) shall hold at least one (1)
public hearing on any duly filed application that requires a
discretionary decision. Such hearings shall be conducted in such
a manner as to allow the applicant and all other interested
parties to be heard and present their positions on the case in
question, and shall have a record of the decision kept, along
with the findings made which supported the decision.
Administrative hearings shall be conducted by the director of
community development or designee as specified in Section
17.44.030.A.1.d. and are subject to the notice provisions of
that section.
C. Referrals.
A decision - making authority may refer a matter back to the
preceding hearing body for further report, information or study.
D. Continued Matters.
If it is necessary to continue the hearing or decision on any
matter before the decision - making authority, the person
presiding at the hearing shall publicly announce the date, time
and place certain to which the matter will be continued. Except
for the posting of a notice of continued public hearing in a
public place, no further notice need be given. (Ord. 189 § 3
(8111 -4), 1994)
17.44.060 Decisions.
The applicant shall receive notice of the final decision - making
authority's decision either by the adoption of a resolution (for
applications decided in a public hearing) or by the issuance of
a determination letter (for applications decided
administratively by the director of community development or
Ordinance No. 271
Page 17
designee). A resolution or determination letter rendering a
decision on an application request shall recite such conditions
and limitations deemed necessary by the decision - making
authority.
A. Referral of Applications.
1. The director of community development may refer any
applications or modifications to applications over which the
director of community development has authority to the planning
commission at any time within thirty (30) days after the close
of the administrative hearing if the project:
a. May result in significant adverse environmental impacts
which cannot be mitigated to insignificant levels; or
b. Involves significant public controversy; or
c. Is in conflict with city policies, or would necessitate
the establishment of new policies; or
d. May be precedent- setting; or
e. Should be referred for any other cause deemed justifiable
by the director of community development.
2. The planning commission may refer a decision on an
entitlement to the city council in cases where two (2)
entitlements regarding the same property or site are being
processed concurrently, and the city council is the decision -
making authority for one (1) of the entitlements.
3. Additional applications or modifications to an application
that has been referred to and approved by a decision making body
shall also be referred to that decision making body.
B. Decision Options.
The decision - making authority hearing a discretionary matter
may approve, conditionally approve, deny or modify, wholly or
partly, the request being reviewed. The authority may impose
such conditions and limitations as it deems necessary to assure
that the general purpose and intent of this title and its
various chapters will be observed, and that the public interest,
health, safety, convenience and welfare will be served. In the
absence of any provision to the contrary in a decision granting
a request, said request is granted as set forth in the
application. All conditions and restrictions applied to a
decision on an application request not appealed shall
automatically continue to govern and limit the subject use or
structure unless the action of the decision - making authority
clearly indicates otherwise.
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Ordinance No. 271
Page 18
C. Notice of Decision.
Not later than thirty (30) calendar days following the
effective date of a decision, the city shall provide by U.S.
mail a copy of the decision to the applicant or appellant in
resolution or letter form, in care of the address appearing on
the application or such other address designated in writing by
the applicant or appellant. In addition, the authority and /or
agency whose decision is the subject of an appeal shall also be
notified of the decision.
D. Effective Date of Decisions.
1. An administrative decision or a decision of the planning
commission is effective at the expiration of the decision's
appeal period unless an appeal, in proper form and addressed to
the appropriate decision - making authority, is filed with the
director of community development prior to the expiration of the
appeal period.
2. A decision of the city council is effective on the date it
is rendered.
E. Effect of an Appeal.
Neither the applicant nor any enforcement agency may rely on
an authority's decision until the expiration of the decision's
appeal period or until the appeal has been resolved, whichever
occurs later. See also Section 17.44.090. Actions by the
decision making authority are stayed pending the consideration
of the appeal.
F. Implementation.
The director of community development shall be responsible for
preparing the resolutions or letters mentioned in this chapter
and any other paper or document required by the planning
commission or the city council in order to discharge their
duties and responsibilities under this chapter and title. It
shall be the responsibility of the permittee to ensure that all
conditions placed on a permit are met. No permits or Zoning
Clearances may be approved or issued until all conditions
required to be completed prior to their issuance are satisfied.
G. Expiration.
Unless otherwise specified in this title or in the permit
conditions, any permit hereafter granted that requires a zoning
clearance becomes null and void if a zoning clearance is not
obtained by the permittee within the time specified in such
permit. If no date is specified, the permit and zoning clearance
shall expire one (1) year from the date of issuance unless
inaugurated. After expiration of a zoning clearance and /or
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Ordinance No. 271
Page 19
permit, the property affected thereby shall be subject to the
regulations of the applicable zone classification and all other
provisions of this title. The permittee is solely responsible
for the timely renewal of any permit. The city has no obligation
to notify the permittee of the imminent expiration of the
permit. (Ord. 189 § 3 (8111 -5), 1994)
17.44.070 Reapplication.
An application request may be denied with prejudice on the
grounds that two (2) or more similar application requests have
been denied in the past two (2) years. If such denial becomes
effective, no further application for the request shall be filed
in whole or in part for the ensuing eighteen (18) months except
as otherwise specified at the time of the denial, or unless
there is a substantial change in the application. (Ord. 189 § 3
(8111 -6), 1994)
17.44.080 Modification, suspension and revocation.
A. Modification of Permits.
An application for modification of a permit or variance
pursuant to this section may be filed by any person or entity
listed in Section 17.44.040.A. Any change of an approved
discretionary permit is also a discretionary decision and is
considered to fall into one (1) of the following three (3)
categories:
1. Reserved.
2. Minor Modification.
Any proposed change that exceeds the criteria of a site plan
adjustment, but is not extensive enough to be considered a
substantial or fundamental change in land use relative to the
permit, would not have a substantial adverse impact on
surrounding properties, and would not change any findings
contained in the environmental document prepared for the permit,
shall be deemed a minor modification and may be acted upon by
the director of community development or designee through an
administrative hearing process as provided for in Section
17.44.030.A.1.d.
3. Major Modification.
Any proposed modification which is considered to be a
substantial change in land use relative to the original permit,
and /or would alter the findings contained in the environmental
document prepared for the permit, shall be deemed a major
19 € 362
Ordinance No. 271
Page 20
modification and be acted upon by the decision - making authority
which approved the original permit.
4. Permit Adjustment.
Any change which would not alter any of the findings
pursuant to this title, nor any findings contained in the
environmental document prepared for the permit, and would not
have any adverse impact on surrounding properties, may be deemed
a permit adjustment and acted upon by the director of community
development or designee without a hearing. There shall be no
more than one (1) approved permit adjustment per calendar year.
Such changes include, but are not limited to, the following:
a. An increase or decrease of not more than ten percent
(100) in floor or permit area and an expansion of less than five
thousand (5,000) square feet, whichever is less, or in the area
of walls, fences or similar structures used as screening, or in
height, provision for landscaping or similar standards or
dimensions, provided that any increase in parking space
requirements can be accommodated on -site;
b. Internal remodeling or minor architectural changes or
embellishments involving no change in basic architectural style
or any change in use where the new use requires the same or a
lesser permit than the existing use; or the establishment of a
new use in an unoccupied building that has been granted a
permit; provided, in both cases, that any increase in parking
space requirements can be accommodated on -site.
B. Modification, Suspension and Revocation for Cause.
Any permit or variance heretofore or hereafter granted may be
modified or revoked, or its use suspended, by the same decision -
making authority and procedure which would approve the permit or
variance under this title provided that in all instances the
permittee shall be given notice by U.S. Mail at least ten (10)
days prior to the date of the proposed revocation, modification,
or suspension and have an opportunity to be heard by the issuing
body prior to any such revocation, modification or suspension.
An application for such modification, suspension or revocation
may be filed, along with applicable fees, by any person or
entity listed in this Chapter, or by any other affected person.
The applicant for such modification, suspension or revocation
shall have the burden of proving one (1) or more of the
following causes:
1. The application request, which was submitted, was not in
full, true and correct form.
C4301363
Ordinance No. 271
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2. The entitlement, clearance, permit or license issued does
not comply with the terms and conditions of the permit
originally granting the use under this title.
3. The entitlement clearance, permit or— license was issued
erroneously.
4. That any term or condition of the permit or variance has
not been complied with;
5. That the property subject to the permit or variance, or
any portion thereof, is or has been used or maintained in
violation of any statute, ordinance, law or regulation;
6. That the use for which the variance or permit was granted
has not been exercised for at least twelve (12) consecutive
months, has ceased to exist, or has been abandoned;
7. That the use for which the permit or variance was granted
has been so exercised as to be detrimental to the public health,
safety or general welfare or as to constitute a nuisance;
8. That changes in technology, or in the type or amount of
development in the vicinity of the use, or other good cause
warrants modification of conditions of operation or imposition
of additional conditions of operation to assure that the use
remains compatible with existing and potential uses of other
property within the general area in which the use is located.
C. Nonwaiver.
The failure of the director of community development, planning
commission or city council to revoke a variance or permit, or to
suspend its use, whenever cause therefor exists or occurs, does
not constitute a waiver of such right with respect to any
subsequent cause for revocation or suspension of the use.
D. Prohibition.
No person shall carry on any of the operations authorized to
be performed under the terms of any permit during any period of
suspension thereof, or after the revocation thereof, or pending
a judgment of court upon any application for writ taken to
review the decision or order of the final appeal body in the
city in suspending or revoking such permit; provided, however,
that nothing herein contained shall be construed to prevent the
performance of such operations as may be necessary in connection
with a diligent and bona fide effort to cure and remedy the
default, noncompliance or violation, for which a suspension of
the permit was ordered by the applicable city entity, or such
operations as may be required by other laws and regulations for
the safety of persons and the protection and preservation of
property. (Ord. 189 § 3 (8111 -7), 1994)
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Ordinance No. 271
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17.44.090 Appeals
A. Authority to Appeal
1. All actions and decisions of the director of community
development, authorized by this Chapter, may be appealed to the
planning commission or may be appealed by any two planning
commissioners unless otherwise specified. All such appeals shall
be filed in writing with the planning commission secretary.
2. All actions of the planning commission authorized by this
Chapter may be appealed to the city council. All such appeals
shall be filed in writing with the city clerk.
3. Any person may appeal a decision of the director of
community development or planning commission in accordance with
the terms of this Chapter.
4. The city council shall be the final approval authority for
all actions.
B. Time Limit to File an Appeal or Request for City Council
Review.
All requests for appeals must be received by the city no later
than the close of business ten (10) business days after the date
of the final action by the director of community development or
planning commission.
C. Fees.
Persons filing appeals shall pay all applicable fees in effect
at the time of the appeal as established by Resolution of the
city council.
D. City Council Review of Planning Commission Actions and
Decisions by the Director of Community Development.
The city council is specifically empowered to review all
actions of the planning commission and the director of community
development. The city council review of the planning commission
and the director of community development actions are subject to
the following requirements:
1. A request for the city council to review the action(s)
taken by the planning commission or the director of community
development pursuant to this section shall be valid if filed
with the city clerk by any individual city councilmember within
ten (10) business days of the date of the action(s) of the
commission or the director of community development.
2. The city council shall review the project in the same form
as reviewed by the planning commission and the review shall be
conducted de novo.
3. A request for the city council to review the action(s) of
the planning commission shall be subject to the same type of
C .3 GI S
Ordinance No. 271
Page 23
public action (i.e., action item without public hearing or
public hearing item) and public noticing at the city council as
at the planning commission or as required for decisions made by
the director of community development.
4. An item or item(s), which are called for review, shall be
scheduled for the next available city council meeting following
completion of the required legal notice provisions as determined
by the city clerk.
5. No fee shall be required when an item is called for review
by members of the city council or the planning commission in
conformance with the requirements of this Chapter.
17.44.100 Effect of change of zoning regulations.
See Section 17.52.110. (Ord. 189 § 3 (8111 -9), 1994)
"?
Ordinance No. 271
Page 24
Chapter 17.60
AMENDMENTS TO THE GENERAL PLAN, SPECIFIC PLANS, ZONING MAP AND
ZONING CODE
Sections:
17.60.010
Purpose.
17.60.020
Amendments
17.60.030
Amendment initiation
17.60.040
Applications required
17.60.050
Hearing and notice requirements.
17.60.060
Approving body
17.60.070
Commission action on amendments.
17.60.080
Council action on amendments.
17.60.090
Reapplication.
17.60.100
Findings.
17.60.010 Purpose.
The purpose of this chapter is to establish procedures for
amending the General Plan, Specific Plans, the Zoning Map or
Zoning Ordinance whenever required by public necessity and
general welfare.
Adoption and amendment of a General Plan, Specific Plan, Zoning
Map or Zoning Ordinance is a legislative act.
17.60.020 Amendments.
Amendments to the General Plan, Specific Plan, and Zoning
Map /Code may be either textual or map. Textual and mapping
changes may be of three types:
A. Major Amendments.
Major amendments are those which affect changes to goals,
policies, or strategies or would alter basic policy directions
of the existing general plan or an adopted specific plan. Any
amendment that would create significant and substantial impact
to levels of public service must be considered as major.
B. Minor Amendments.
Minor amendments are those which do not create any need for
the extension of public services. Some adjustment to service
levels may be needed to meet other policy directives, but no new
service levels are created.
Ordinance No. 271
Page 25
C. Technical Amendments.
Technical amendments are changes to data base information,
statistical materials, corrections to textual errors and changes
which clarify meanings of policy or strategies but do not alter
the intent and purpose of the material.
With the exception of those amendments necessary to meet
housing goals, no mandatory element of the General Plan may be
amended more than four times in any one calendar year.
17.60.030 Amendment initiation.
A. Initiation.
Proposals to amend the General Plan, any specific plan, the
zoning map or this zoning ordinance may be initiated by any of
the following methods:
1. Request by the owner(s) or the authorized agent of the
owner(s) of the property by filing an application as provided by
the community development department, planning division.
2. A change in the General Plan, a specific plan, zoning map
or zoning ordinance may be recommended by a resolution of intent
from the planning commission to the city council; or may be
initiated directly by the city council by resolution of intent.
3. A change in the General Plan, a specific plan, zoning map
or zoning ordinance may be initiated by request to the city
council by the director of community development.
17.60.040 Applications required.
A. All applications to amend the General Plan, an adopted
Specific Plan, the zoning map or zoning code must be filed with
the city on forms and in substantial compliance with
administrative procedures provided by the community development
department. A fee, as prescribed by city council resolution,
shall accompany the application.
Formal applications for General Plan amendments may only be
accepted and considered following successful pre- screening
application reviews as established by resolution of the city
council.
Zoning map amendments have the effect of rezoning property from
one zoning district to another. Textual Amendments to this
zoning ordinance may modify any of the regulations enumerated in
Section 65850 of the Government Code of the State of California.
Amendments to the provisions of this title may be adopted
similar to other ordinances adopted by the city. (Ord. 189 § 3
(8115 -0), 1994)
Ordinance No. 271
Page 26
B. Study of Additional Area.
The director of community development, upon review of an
application or resolution of intention for an amendment to the
General Plan, any specific plan or zoning map may elect to
include a larger area or additional land in the study of the
amendment request. (Ord. 189 § 3 (8115 -1), 1994)
17.60.050 Hearing and notice requirements.
The planning commission and city council shall each hold at
least one (1) public hearing on any General Plan, Specific Plan
or zoning amendment request. The notice and hearing requirements
shall be the same as those prescribed in Section 17.44.050.
(Ord. 189 § 3 (8115 -2), 1994)
17.60.060 Decision authority.
The city council shall be the Decision Authority for all major
and minor general plan amendments and specific plan amendments.
17.60.070 Planning Commission action on amendments.
Following a public hearing, the planning commission shall make
a written recommendation to the city council whether to approve,
approve in modified form, or disapprove any proposed amendment,
based upon the findings contained in Section 17.60.100. Such
recommendation shall include the. reasons for the recommendation
and the relationship of the proposed ordinance or amendment to
applicable general and specific plans.
17.60.080 City Council action on amendments.
Following a public hearing, the city council may approve,
modify or disapprove any planning commission recommendation
regarding an amendment request based upon the findings in
section 17.60.100.
A modification shall be deemed "previously considered" if the
modification of the proposed ordinance or amendment by the city
council is based upon the issues and evidence initially heard by
the planning commission.
17.60.090 Reapplication.
A General Plan amendment, specific plan amendment or—zoning map
change may be denied with prejudice as defined herein, in which
event no further application shall be filed affecting all or
part of the property for the ensuing eighteen (18) months except
as otherwise specified at the time of denial. A zoning ordinance
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Ordinance No. 271
Page 27
amendment may be denied with prejudice as defined herein, on the
grounds that two (2) or more similar applications for
substantially the same _changes have been denied in the past two
(2) years, or that other good cause exists for limiting the
filing of applications with respect to the subject property. The
city council, upon being presented with good cause, may permit
an applicant to apply for a change on the same property within
eighteen (18) months. (Ord. 189 § 3 (8115 -3), 1994)
17.60.100 Findings.
A. Findings for Amendments.
An amendment may be approved only if all the following
findings are made, as applicable to the type of development.
1. Findings required for all amendments.
a. The proposed amendment is consistent with the goals,
Policies, and implementation strategies of the general plan.
b. The proposed amendment would not be detrimental to the
public, health, safety, or welfare of the city; and
c. The proposed amendment will not adversely affect
surrounding properties.
2. Additional Finding for Zoning Map Amendments.
The site is physically suitable (including, but not limited
to access, provision of utilities, compatibility with adjoining
land uses, and absence of physical constraints) for the
requested zoning designations and anticipated land
use /developments.
C 9 G s;, 1-0 ` iLi