Chapter 17.48 — REVOCATION OF USE PERMIT OR VARIANCE

Any use permit or variance shall be null and void if not used within one year from the date of the approval thereof or within any different period of time, if so designated by the planning commission or city council. In addition, any use permit or variance shall be null and void if a subsequent use permit or variance is approved for the same property and dealing with the same subject.

(Ord. 298 § 14.1, 1984).

Any use permit or variance may be revoked by the city council in the manner hereinafter set forth, if any one of the conditions of terms of such permits are violated or if the following findings are made:

A.

In Connection with Use Permits. The continuance of the use would be detrimental to health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to the property and improvements in the neighborhood or to the general welfare of the city; or conditions of the permit are violated.

B.

In Connection with Variances. Continued relief from the strict application of the terms of this title will be contrary to the public interest, safety, health and welfare; or conditions of the variance are violated.

(Ord. 298 § 14.2, 1984).

Before the council considers revocation of any variance or permit, the planning commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten (10) days in advance of such hearing. Within five (5) days thereafter, the commission shall transmit a report of its findings and its recommendations on the revocation to the city council.

(Ord. 298 § 14.3, 1984).

Within thirty (30) days of receiving the commission report the council shall consider their recommendation and may revoke, modify or leave in place the use permit or variance. No public hearing need be held on the matter.

(Ord. 298 § 14.4, 1984).

Chapter 17.50 - AMENDMENTS

A.

Except as otherwise provided in this chapter, any amendment to this title shall be adopted as other ordinances are adopted.

B.

Any amendment to this title which changes any property from one district to another district or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation, shall be initiated as follows:

1.

The filing with the city planning commission of a resolution of intention of the city council;

2.

Passage of a resolution of intention by the planning commission; or

3.

Filing with the planning commission of a petition of one or more record owners of property, which is the subject of a proposed amendment, or their authorized agents. A petition for amendment shall be on a form designated by the planning commission and shall be accompanied by a fee, as set by the city council.

(Ord. 298 § 18.1, 1984).

17.50.020 - Public hearing requirement.

A.

A public hearing shall be scheduled within sixty (60) days of receipt of a petition or resolution of intention of amendment to this title.

B.

Notice of the time and place of such hearing, and the purpose thereof, shall be given in the manner designated in Chapter 17.54.

(Ord. 298 § 18.2, 1984).

(Ord. No. 612, § 22, 12-8-16)

After the close of the public hearing or continuations thereof, the planning commission shall make a report of its findings and its recommendations with respect to the proposed amendment. The commission report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, the findings of the commission, and copies of any maps or other data or documentary evidence submitted in connection with the proposed amendment. A copy of such report and recommendation shall be transmitted to the city council within ninety (90) days after the first notice of hearing thereon; provided, however, that such time may be extended with the consent of the city council or the petitioner for such amendment. In the event the planning commission fails to report to the city council within the aforesaid ninety (90) days or within the agreed extension of time, the amendment shall be deemed approved by the planning commission. The recommendations of the planning commission on proposed amendments shall be adopted by a majority vote of the voting members of the planning commission.

(Ord. 298 § 18.3, 1984).

Upon receipt of the recommendation of the planning commission on the expiration of the aforesaid ninety (90) days or agreed upon extended period, the city council shall hold a public hearing thereon, giving notice thereof as provided in Chapter 17.54; provided, however, that if the matter under consideration is an amendment that would change property from one district to another, and the planning commission has recommended against the adoption of such amendment, the city council shall not be required to take further action unless the planning commission action is appealed. After the conclusion of such hearing, the city council may, within one year, adopt by ordinance the proposed amendment or any part thereof set forth in the petition or resolution of intention in such form as the council deems desirable; provided, that any modification of the proposed ordinance or amendment by the legislative body not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after the reference, or such longer period as may be designated by the council, shall be deemed to be approval of the proposed modification.

(Ord. 298 § 18.4, 1984).

Chapter 17.52 - APPEALS

Any person may appeal to the planning commission any order, requirement, decision, determination or other action of the planning director with regard to any matter arising under this title, including any determination concerning the contents, subject matter or completeness of any application, any determination concerning which permit or other approval is required, and any determination pursuant to Sections 17.02.080 or 17.02.090. Any such appeal shall be in writing and shall be filed with the planning department within fifteen (15) days after the action complained of. The appeal shall be accompanied by a fee, as set by the city council, and shall clearly state the reason for appeal. Upon receipt of such an appeal, the planning department, acting under the direction of the planning director, shall bring the appeal before the planning commission within thirty (30) days and shall notify the appellant and (if different) the applicant of the date and time of the planning commission meeting at which the appeal will be heard. No other notice need be given, except such additional notice as may be required by state or other law. The planning commission shall proceed to hear and determine the appeal at the same meeting or at such later meeting as it shall determine, and in connection therewith may continue the same from time to time.

(Ord. 307 § 4, 1985).

Any person may appeal to the city council any order, requirement, decision, determination or other action of the planning commission in the manner provided in this title, including any planning commission decision of an appeal from an order, requirement, decision, determination or other action of the planning director.

(Ord. 307 § 5, 1985: Ord. 298 § 16.1, 1984).

A.

An appeal of a planning commission action shall be in writing and filed with the city clerk within fifteen (15) days after the final action of the planning commission. The appeal shall be accompanied by a fee, as set by the city council, and shall clearly state the reason for appeal. Upon receipt of such appeal, the city clerk shall notify the planning department and the applicant and shall set a time as soon as practical but within sixty (60) days after the receipt of such appeal (unless the applicant agrees otherwise) for a public hearing by the city council on such appeal. Notice of such hearing shall be given as set forth in Chapter 17.54.

B.

In addition to the above, within fifteen (15) days after final action of the planning commission any two (2) members of the city council may appeal the decision of the planning commission by filling the appeal in writing with the city clerk. The clerk shall notify the planning department and the applicant and shall place the matter for public hearing as soon as practical but within sixty (60) days after receipt of the appeal unless the applicant agrees otherwise or the city council determines that additional time is needed in order for it reach an informed decision. The mere fact that two (2) members of the city council have filed an appeal does not of itself require disqualification of either such councilmember from hearing and/or deciding the item.

(Ord. 307 § 6, 1985: Ord. 298 § 16.2, 1984).

(Ord. No. 606, § 7, 4-21-16)

The planning department, upon receipt of the notice of appeal, shall prepare a report of the facts pertaining to the decision of the planning commission and shall submit such report to the city council along with the department's recommendation and the reasons for the commission's action.

(Ord. 298 § 16.3, 1984).

(Ord. No. 606, § 8, 4-21-16)

The city council shall conduct a de novo hearing on the appeal. At the close of the public hearing, the city council may affirm, reverse or modify the decision of the planning commission, either at the same meeting or at such later meeting as the council may determine, for any basis permitted by law. If the council does not take action on the appeal within sixty (60) days after the clerk's receipt of the appeal, unless the applicant otherwise agrees or the city council has determined that additional time was needed in order for it to make an informed decision, the planning commission action shall be deemed affirmed. To reverse or modify the planning commission decision shall require three (3) affirmative votes.

(Ord. 307 § 7, 1985; Ord. 298 § 16.4, 1984).

(Ord. No. 606, § 9, 4-21-16)

Chapter 17.54 - PUBLIC HEARINGS

A.

The planning commission shall develop and publish procedural rules for conduct of its hearings so that all interested parties shall have advance knowledge of procedures to be followed.

B.

When a matter is contested and a request is made in writing prior to the date of the hearing, the planning commission shall insure that a record of the hearing shall be made and duly preserved, a copy of which shall be available at cost. The city may require a deposit from the person making the request.

C.

A planning staff report, with background and recommendations, shall be made public prior to or at the beginning of all hearings and shall be a matter of public record.

D.

When any hearing is held on an application for a change of zone for parcels of at least ten (10) acres, a staff report with recommendations and the basis for such recommendations shall be included in the record of the hearing.

(Ord. 298 § 17.1, 1984).

When a public hearing is held by the planning commission or the city council to consider the adoption of a zoning ordinance or an amendment to a zoning ordinance, which amendment changes any property from one zone to another or imposes any regulation listed in California Government Code Section 65860 not theretofore imposed or removes or modifies any such regulation theretofore imposed, notice of the time and place of the hearing including a general explanation of the matter to be considered and including a general description of the area affected shall be given at least ten (10) calendar days before the hearing in the following manner:

A.

The notice shall be posted in at least three (3) public places in the city as designated by the city council in Chapter 1.12.

B.

In prezoning, the notice shall be posted in at least three (3) public places in the area to be prezoned.

C.

If the proposed zoning ordinance or amendment affects the permitted uses of real property, in addition to notice by posting, the city shall refer to the latest assessor's roll and give notice of the hearing by mail or delivery to all persons, including businesses, corporations or other public or private entities, owning real property within three hundred (300) feet of the proposed zoning change.

D.

The city shall give notice by first class mail to any person who has filed a written request therefore with the planning director. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. A reasonable fee, as set by the city council, shall be imposed on persons requesting such notice.

E.

If mailed notice is required pursuant to subsection (c) of this section, and the proposed zoning change has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, mailed notice shall also be given to the owner of the property as shown on the last equalized assessment roll.

F.

The city may give additional notice of the hearing in such other manner as it may deem necessary or desirable.

G.

Any hearing may be continued from time to time.

(Ord. 298 § 17.2, 1984).

(Ord. No. 612, § 23, 12-8-16)

17.54.030 - Use permits, variances, design permits planned development permits, and appeals—Notice requirements.

A.

Whenever an application for a variance, use permit, design permit, or planned development permit, or revocation or modification of same or an appeal from the action taken thereon, is submitted to the body or person charged with conducting a public hearing thereon, notice of hearing shall be given by notice through the United States mails, with postage prepaid using addresses from the last equalized assessment roll, or alternatively, from such other records of the assessor or tax collector as contain more recent addresses in the opinion of the body, and by posting the notice in the posting locations designated by the city council in Chapter 1.12.

B.

Notice shall be given to all owners of property within three hundred (300) feet of the exterior boundaries of the property for which an application is being heard. The notices shall be mailed not less than ten (10) or more than thirty (30) days before the scheduled hearing.

C.

Notices shall specify the type and magnitude of the application to be considered, the place where copies of the application may be reviewed, the time, date and place of the hearing and the right to appear and be

heard.

(Ord. 298 § 17.3, 1984).

(Ord. No. 612, § 24, 12-8-16)

Chapter 17.56 - ADMINISTRATION

There is created the function of zoning administrator which shall be carried out by the planning director.

(Ord. 253 § 15.1(A), 1984).

The zoning administrator shall have all the powers and duties of a board of zoning adjustment as set forth in Section 65900 through 65909 of Article 3 of Chapter 4 of Title 7 of the Government Code of the state.

(Ord. 253 § 15.1(B), 1984).

17.56.030 - Zoning administrator—Action on applications.

A.

Except as otherwise provided in this chapter, the zoning administrator shall hear and decide the following:

1.

Applications for zoning conformance;

2.

Applications for variances;

3.

Applications for minor modifications;

4.

Applications for certain sign permits, in accordance with the provisions of Chapter 17.36 of this title;

5.

Applications for administrative permits for wireless telecommunication facilities, in accordance with the provisions of Section 17.32.032 of this title;

6.

Applications for administrative permits for solar energy systems, in accordance with the provisions of Section 17.32.060.C;

7.

Applications for accessibility improvement permits, in accordance with the provisions of Sections 17.32.060.D, 17.32.070.A.1.f and 17.32.080;

8.

Applications for large family day care homes, per State Health and Welfare Code Sections 1597.46(a)(3) and 1597.465; and

9.

Applications for amendments or modifications to a design permit, per Section 17.42.070.

10.

Applications for housing development permits, per Chapter 17.45.

B.

In connection with the applications provided for in this section, the zoning administrator shall have all the duties and responsibilities set forth in this title for the planning commission.

(Ord. 508 § 3, 2005; Ord. 417 § 8, 1997: Ord. 401 § 2, 1995: Ord. 253 § 15.1(C), 1984).

(Ord. No. 564, § 4, 10-3-11; Ord. No. 669, § 8, 5-19-22)

All decisions of the zoning administrator, except decisions relating to the granting or denial of a sign permit pursuant to Chapter 17.36, shall be reported to the planning commission prior to the expiration of the appeal period. If any member of the planning commission desires to appeal the decision it shall be considered appealed and placed on the next commission agenda.

(Ord. 401 § 3, 1995: Ord. 298 § 15.1(F), 1984).

A.

The zoning administrator shall be governed by the provisions of this title in the granting of variances and shall grant the same only when making the findings required by the pertinent provisions of this title.

B.

The zoning administrator may refer any applications for a variance directly to the planning commission without holding a hearing or without making a decision thereon, and the planning commission shall then proceed to hear such applications as provided in this title.

(Ord. 417 § 9, 1997: Ord. 298 § 15.1(D), (E), 1984).

The zoning administrator shall use the procedure and make findings required by the provisions of Chapter 17.46 prior to granting a variance.

(Ord. 298 § 15.4, 1984).

Zoning conformance shall be determined in conjunction with and as a part of, building permits and shall be so indicated by the zoning administrator if it has been determined that any proposed construction is in conformity with the regulations for the district in which the construction is to be located. No building permit shall be issued until the zoning conformance portion thereof has been completed by the zoning administrator or his authorized representative.

(Ord. 298 § 15.2, 1984).

A.

Defined. For the purpose of this section, "minor modifications" means:

1.

A maximum of twenty percent (20%) reduction in lot area, building coverage and yard requirements;

2.

A maximum of twenty percent (20%) increase in the height limit in fence, wall and hedge requirements.

B.

Granting. The zoning administrator shall use the procedure and make the findings required by the provisions of Chapter 17.46 prior to granting a minor modification; provided, however, a public hearing shall not be required.

C.

Notices. Notice of approval of minor modifications approved by the zoning administrator shall be mailed to owners of property within seventy-five (75) feet of the exterior boundaries of the subject property. The property owners shall be informed of their right of appeal.

D.

Fees. Filing fees for minor modifications shall be as set by the city council.

(Ord. 298 § 15.5, 1984).

A.

Appeals from the decision of the zoning administrator, except decisions related to housing development permits per Chapter 17.45 of this title, may be made to the planning commission within seven (7) days after the action of the zoning administrator. Upon receipt of an appeal, the zoning administrator shall forward the same, together with the records on the matter, to the planning commission. The secretary to the planning commission shall set the matter for hearing before the planning commission at the earliest available date and cause notice of such hearing to be given as set forth in Chapter 17.54. The planning commission shall consider the matter in the same manner as an application for a variance.

B.

Appeals from decisions of the zoning administrator related to housing development permits per Chapter 17.45 of this title shall be made to the city council within seven (7) days after the action of the zoning administrator and shall follow the procedure set forth in Chapter 17.52.

(Ord. 298 § 15.6, 1984).

(Ord. No. 669, § 8, 5-19-22)

No variance granted by the zoning administrator shall have any force or effect until the applicant thereof actually receives such variance signed by the zoning administrator and designating thereon any conditions of its issuance that may have been imposed by the zoning administrator. No variance shall be issued until the time for filing an appeal from the decision of the zoning administrator has expired or, in the event of such appeal, until after a final decision has been rendered on the appeal by the planning commission, or by the city council in the event of a further appeal from the decision of the planning commission.

(Ord. 417 § 11, 1997: Ord. 298 § 15.7, 1984).

Chapter 17.58 - ENFORCEMENT AND PENALTY

The violation of any of the provisions of this title shall constitute an infraction, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code. Such fines, penalties and enforcement provisions are cumulative and shall be in addition to any other enforcement remedies specified in this title.

(Ord. 298 § 19.1, 1984).

(Ord. No. 554, § 62, 1-18-11)

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title and any use of land or buildings operated or maintained contrary to the provisions of this title, are declared to be public nuisances. The city attorney may commence the necessary

proceedings for the abatement, removal and enjoining thereof in the manner prescribed by law in the courts which may have jurisdiction to grant such relief as will accomplish such abatement and restraint. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this title, or elsewhere in this code, or any other law or ordinance.

(Ord. 298 § 19.2, 1984).

(Ord. No. 554, § 63, 1-18-11)

17.58.030 - Reserved.

Editor's note— Ord. No. 554, § 64, adopted January 18, 2011, repealed § 17.58.030, which pertained to violation—penalty and derived from Ord. No. 298, 1984; Ord. No. 403, 1996 and Ord. No. 446, 2000.