Coalinga Municipal Code § 9-6.105 Authority for acting on applications

All regulations in this title which pertain to the Zoning Districts established in Chapter 2 are subject to the general provisions, conditions and exceptions contained in this chapter.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Whenever there is a question regarding the interpretation of the provisions of this title or their application to any specific case or situation, the Community Development Director shall interpret the intent of this title by written decision, and such interpretation thereafter shall be followed in applying the provisions, subject to appeal to the Planning Commission by any interested person.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

No person shall commence or continue the alteration or construction of a building or land improvement on vacant property, or commence a use or activity on any site, until the appropriate permit has been issued by the Community Development Director, Planning Commission, or City Council, per the provisions of this title (see below), and the appropriate permits from the Community Development Department and any other applicable City Departments have been secured. All conditions of approval in the planning and building permits must be adhered to and maintained for the applicable permit durations. Whenever the use of a building or land shall change from an existing use that was approved through an existing permit, a new permit shall be secured through the Community Development Department.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

The administration of this ordinance is subject to the requirements of the planning and zoning laws of the State of California, the California Environmental Quality Act, applicable State of California rules and regulations, and procedures established by resolution of the City Council.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Table 6.1 provides a summary of the persons or bodies with appropriate authority for recommendations, referrals, and approvals, for planning applications.

Table 6.1: PERMIT APPROVAL MATRIX

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Applicants. The following persons may file applications:

(1) The owner of the subject property; and

(2) An agent representing the owner, duly authorized to do so in writing by the owner. A person with a duly executed written contract or exclusive option to purchase the subject property or a lessee in possession of the subject property may also make an application, with written authorization by the property owner.

(b) Application forms and supporting materials.

(1) The Community Development Department shall prepare, issue, and update application forms that specify the information required from applicants for different types of project approvals, subject to the provisions of this Zoning Ordinance, and as required by the California Permit Streamlining Act. The forms shall be made available at the planning counter and on the City's website.

(2) The Community Development Director may require the submission of supporting materials as part of the application, including but not limited to: statements, plans, drawings, renderings, material samples, photographs, documentation of property ownership, and other items as necessary to describe existing conditions, the proposed project, and to determine the level of environmental review required pursuant to the California Environmental Quality Act (CEQA).

(3) All materials submitted become the property of the City. Submission materials will be made available to the public for inspection in accordance with the Public Records Act Government Code 6250 et. seq. Some or all of the submitted materials may be appended as attachments to public hearing staff reports, which will be made available on the City's website.

(c) Indemnification and cost recovery agreement. applicants shall submit an executed indemnification agreement which indemnifies and holds the City harmless from any action in connection with the project being reviewed, and commits to cost recovery relating to an appeal as well as all court costs relating to legal challenges. Costs associated with implementing mitigation monitoring shall be included in the agreement. Failure or refusal by the applicant(s) to enter into an Indemnification and Cost Recovery Agreement will constitute an abandonment of the application and application approval. All rights accrued to the applicant(s) to proceed under the City's action in such regard shall be immediately revoked, and the City will be entitled to seek all remedies available to it under law, including but not limited to breach of contract and enforcement of any code violations.

(d) Application filing fees. A schedule of application filing fees, as approved by Council resolution, shall be made available to the public. Per the fee schedule, either the entire application fee or a deposit shall be paid by the Applicant to the City at the time of application, for staff resources required to review and process the application, and for the costs of publicly noticing the project. There are no application fees for City-initiated projects.

(e) Reduced application filing fees. To encourage the development of affordable and special needs housing, and also to reduce the burden on lower income homeowners, qualifying projects shall receive a forty (40) percent reduction from all required Planning fees, and a forty (40) percent reduction from all required Building Permit fees. Such projects include:

(1) Housing developments with at least five (5) percent low and/or moderate income housing units;

(2) Housing developments with senior housing units;

(3) Emergency shelters;

(4) Transitional and supportive housing projects;

(5) Single-Room Occupancy facilities;

(6) Group home or residential care facility for the disabled, developmentally disabled, or elderly;

(7) Housing projects with child care facilities;

(8) Farmworker housing;

(9) Student dormitories or housing;

(10) New or modifications to single-family homes where homeowners are in the extremely low, very low, and low income categories, as demonstrated through tax returns from the most recent tax year.

(f) Development impact fees. Depending on the scope of the project, the City may charge development impact fees, as approved by the City Council, to pay for all or a portion of the costs of additional public services to the proposed development, including but not limited to water and sewer infrastructure, police and fire services, and school district impact fees.

(g) Appeal fee. The appellant shall pay the appropriate appeal fee as established per resolution.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Simultaneous review. Certain development proposals may require multiple discretionary approvals. The simultaneous review of several permits as part of the entitlement process is intended to expedite workflow, reduce the time and cost of processing applications, and assure comprehensive consideration of such projects.

(b) Procedure and appropriate authority. Any application for development, which under the terms of the municipal code, requires more than one discretionary approval, or for which an applicant seeks more than one discretionary approval, shall be processed as a single combined application. If any one application requires City Council approval, the Planning Commission shall be the recommending body to the City Council for all approvals within the combined application, and shall make its recommendation following a public hearing. The City Council shall be the approving body for all approvals within the combined application, and shall not act without the prior review and recommendation of the Planning Commission.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

See Figure 6.1 below.

[Figure]

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

A pre-application review is encouraged, but not required, for applicants to discuss preliminary proposals with the Community Development Director. Pre-applications enable applicants to gather early feedback from The Community Development Director. They reduce the risk of filing an incomplete application, and can avoid unnecessary costs and additional time spent during the application process. A pre-application shall never constitute or be considered as a pre-approval.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Completeness of application. The Community Development Director shall first determine within thirty (30) days of the date of application, whether the application is complete, the Community Development Director will provide written notification to the applicant listing the outstanding information necessary to complete the application. The City will not process incomplete applications. If elements are missing, the applicant shall provide the City with the missing elements within the required time, or will have to file another application and pay the required fees for this new application. When an application is deemed to be complete, the Community Development Director will route the application to all appropriate departments for review and comment, and schedule the project for internal review, as well as the next available public hearing date by the appropriate decision-making body.

(b) Changes to the application. Based on the feedback provided by the Community Development Director, the applicant may make modifications to the application. Any changes or supplemental information shall be submitted two (2) weeks before the scheduled hearing date. Otherwise, the project may be scheduled for a later hearing date to accommodate proposed changes. The project may require additional review by the Community Development Director and other City departments, and therefore be rescheduled for a later public hearing.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Whenever a public notice is required for a project, notification shall be provided in compliance with the requirements of State law and as follows:

(1) When mailed notice is required. At least ten (10) days before the date of the public hearing, the Community Development Director shall provide notice by First Class mail delivery to:

a. The applicant, the owner, and any occupant of the subject property;

b. All property owners of record within a 300-foot radius of the subject property, as shown on the latest available assessment role; and

c. Any person or group who has filed a written request for notice regarding the specific application with the Community Development Director, or City Clerk or his/her designee.

(2) When newspaper notice is required. At least ten (10) days before the date of the public hearing, the Community Development Director shall provide notice by at least one publication in a newspaper of general circulation, or by posting the notice at three (3) public locations within the City.

(3) Contents of notice. The notice shall contain the following information:

a. General description of the proposed project or action, and the location of the subject property;

b. The names of the applicant and the owner of the property that is the subject of the application;

c. The date, time, location, and purpose of the public hearing;

d. The identity of the hearing body;

e. A statement that any interested person or authorized agent may appear and be heard; and

f. The location at which the complete application and project file may be viewed by the public;

g. A statement describing where and how to submit written comments.

(4) Failure to notify individual properties or failure to receive notice. The validity of the proceedings shall not be affected by the failure of any property owner, resident or neighborhood or organization to receive notice of a public hearing.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Public hearings shall be held consistent with State law and as follows:

(1) The Community Development Director shall present to the Planning Commission or City Council a written report prepared by the administrative staff, in connection with any application requiring Planning Commission or City Council approval.

(2) The Planning Commission or City Council shall conduct at least one public hearing on any application brought to its attention by the Community Development Director. Notice of the hearing shall be given by the Community Development Director at least ten (10) calendar days prior to the day of the hearing.

(3) The notice of public hearing shall include the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a general explanation, in text or by diagram, of the location of the real property that is the subject of the hearing.

(4) Continuance of public hearings. The Planning Commission or City Council, for any reason when it deems such action necessary or desirable, may continue any hearing to a certain date, time, and place, and the public announcement of such date, time, and place of a hearing to be continued, for all purposes, shall be sufficient notice to all persons.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Scope of approvals. An approved permit allows only the uses and activities proposed in the application, and excludes other uses and activities. The approved use and construction are subject to, and shall comply with, all applicable municipal ordinances and laws and regulations of other governmental agencies.

(b) Conditions of approval. Any approval may be subject to conditions of approval determined by the decision-making body, which shall be maintained for the duration of the permit. Typical conditions of approval may include but are not limited to the following:

(1) All mitigation measures resulting from environmental analysis are automatically included as conditions of approval and shall be monitored for compliance;

(2) In the event that archaeological remains are encountered during grading, work shall be halted temporarily and a qualified archaeologist shall be consulted for evaluation of the artifacts and to recommend future action. The local Native American community shall also be notified and consulted in the event any archaeological remains are uncovered;

(3) Construction hours, as specified by the Community Development Director;

(4) Construction activities shall comply with applicable Municipal Code and Zoning Ordinance sections, including Chapter 4, Article 4, Performance Standards;

(5) Plans submitted for Building Permit shall be in substantial conformance with plans approved by Planning;

(6) Disposal of hazardous materials as part of construction and operations shall be in compliance with applicable Federal and State regulations;

(7) Payment of development impact fees is required at the time of filing of Building Permits;

(8) The applicants/developers shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action, or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul the approval of the project when such claim or action is brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the applicants/developers of any such claim, action, or proceeding. The City shall coordinate in the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney's fees and costs, and the City defends the action in good faith.

(9) Applicants shall obtain all necessary stormwater permits from the California Regional Water Quality Control Board, Central Valley Region.

(10) Upon issuance of a building permit by the City, all existing uses at the subjection location are terminated.

(11) All other required local, County, State, or Federal permits shall be obtained prior to the start of operations.

(c) Actions voiding approval. If the construction of a building or structure, or the use established in the building or structure is contrary to the project approval, therefore violating any provision of the Zoning Ordinance, or would require additional permits, then the original approval shall be deemed null and void.

(d) Periodic review or monitoring of conditions. All approvals may be subject to periodic review to determine compliance with the permit and its conditions of approval. If a condition of approval specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the permit holder, property owner, or successor property owners to comply with such conditions.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Effective date of approval. A final decision on an application by the Community Development Director or his or her designee, the Planning Commission, or the City Council, will not become effective until the expiration of the appeal period following the date of action. No building permit or business license shall be issued until the appeal period is over, and no appeal has been filed, or an appeal has been given a final determination.

(b) Expiration of approval. The decision-making body may specify the time within which the proposed use must be undertaken and actively and continuously pursued. The decision-making body may also specify a period of time for the approval, as is found to be consistent with the purposes of the use and necessary to safeguard public health, safety, and welfare. If no time period is specified, any permit granted under this Zoning Ordinance may be declared lapsed and of no further force and effect if not exercised within one year of its issuance. Any expired permit requires a reapplication with the full required fee.

(c) Extension of approval. The Community Development Director may approve a one-year extension of a permit originally granted by the Community Development Director, Planning Commission or City Council, upon receipt of a written application with the required fee, before the permit expires. The extension may be granted if there has been no substantial change to the originally approved project, and all required findings required for the original permit can be made, as stated in the relevant Articles of this chapter. At the end of the one-year extension period, a new permit shall be required.

(d) Modifications of approvals. The Community Development Director may approve requested minor modifications to approved plans and conditions of approval that are consistent with the original findings and conditions of approval, and would not intensify any potentially detrimental effects of the project. All other requested changes to approved plans and conditions of approval shall be treated as a new application.

(e) Revocation of approvals. Any permit granted may be revoked or modified if any of the terms or conditions of approval are violated, or if any law or City Ordinance is violated in connection. The City Council and Planning Commission, by their own action, or following a recommendation from the Community Development Director, may initiate revocation or modification proceedings. A public hearing shall be held pursuant to Section 9-6.111, Public Notification, and Section 9-6.112, Public Hearings, of this chapter. The permit may be revoked by the decision-making body if it makes any of the following findings:

(1) The approval was obtained by means of fraud or misrepresentation of a material fact;

(2) The use in question has ceased to exist or has been suspended for one year or more;

(3) There is or has been a violation of, or failure to, observe the terms or conditions of the permit or variance, or the use has been conducted in violation of the provisions of this Ordinance, law or regulation; or

(4) The use to which the permit or variance applies is a nuisance, or has been conducted in a manner detrimental to the public health, safety and welfare.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Rights of appeal. Appeals may be filed by the applicant, property owner, or by any other person aggrieved by the decision of the Community Development Director or Planning Commission, subject to the provisions of this Ordinance. A decision by the Community Development Director may be appealed to the Planning Commission. A decision by the Planning Commission may be appealed to the City Council. City Council decisions are final.

(b) Time limits and procedures. Unless otherwise specified in this Zoning Ordinance or by State or Federal law, all appeals must be filed with the appropriate appeal fee with the City Clerk and Deputy City Clerk within ten (10) calendar days of the date of action, and the decision-making body that the decision is appealed to shall hear such an appeal within ten (10) to forty (40) days of filing.

(c) Required elements. The appeal shall show the name, organization, and address of the appellant, the name of the project concerned by the appeal, the decision they are appealing, and the reason for appeal.

(d) Notice of consideration. The City Manager or his or her designee shall give notice to the project proponent and the appellant within ten (10) days of the filing of the appeal, of when the appeal will be considered by the appropriate decision-making body.

(e) Standards of review. The decision-making body shall use the same standards and criteria required for the original decision to review the appeal. The decision-making body may adopt the same decision and findings that were originally approved, or make a decision based on different findings.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Objectives. The objectives of a development agreement are to strengthen the public planning process, encourage private participation in comprehensive planning, reduce the economic costs of development caused by the lack of certainty in the approval of development projects, and promote the construction of public improvements by the private sector, by providing for provisions in a development agreement. The applicant may receive reimbursement over time for the financing of such public improvements. This policy is established pursuant to Government Code section 65865. The provisions of Government Code section 65864-65864 are incorporated herein by reference.

(b) Requirements. To enter into a development agreement, the City shall find that:

(1) A person has a legal or equitable interest in real property for the development of such property; and

(2) The development project is consistent with the General Plan and any applicable specific plan.

(3) A development agreement should clearly outline the benefits provided to the city from entering into the development agreement. Such benefits may include, but are not limited to:

a. Construction of public facilities beyond those required as a condition of approval;

b. Covenants to operate and maintain the private project at higher levels than would otherwise be required;

c. Proposals to achieve general plan goals not directly associated with the private project;

d. Other proposals which, in the judgment of the Planning Commission and City Council, provide public benefits sufficient to justify a development agreement.

(4) A development agreement should include requirements for construction and maintenance of onsite and off-site improvements or payment of fees in lieu of such dedications or improvements.

(c) Application and processing. If the City and the applicant agree to enter into a development agreement, the applicant shall make an application for a development agreement per the requirements for a Zoning Ordinance Map Amendment. The City Manager shall negotiate the specific components and provisions of the draft development agreement on behalf of the City. A filing fee shall be established by City Council resolution. In absence of such a resolution, the fee shall be the same as that for a Zoning Ordinance Map Amendment. No project approval shall be effective prior to a development agreement being approved by the City Council. A development agreement may be processed concurrently with other associated discretionary permits.

(d) Notice and hearing. Upon the application to enter into a development agreement, the Community Development Department shall initiate and notice the public hearing, pursuant to Section 9-6.111, Public Notification, and Section 9-6.112, Public Hearings, of this chapter.

(e) Findings. The following standard findings must be made for each development agreement. Specific findings may also be required by the decision-making body on a case-by-case basis.

(1) The proposed development agreement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

(2) The proposed development agreement is consistent and compatible with the goals, policies, and actions of the General Plan, and the other applicable provisions of the Zoning Ordinance.

(3) If applicable, 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 uses/developments.

(4) The proposed development will not adversely affect the orderly development of property or the preservation of property values.

(5) The proposed development agreement has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

(f) Nature of agreement. Development agreements may be used in any zoning district authorized by this Zoning Ordinance. The approval of a development agreement shall be a legislative act, subject to referendum. The provisions of the approved development agreement shall also become part of the conditions of approval of a permit, enforceable by the City.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)