Hesperia Municipal Code § 16.12.055 Appeal procedures

A. Land use applications will be reviewed and approved in accordance with four basic procedures:

1. Noticed public hearing by the city council and/or planning commission, in which the reviewing authority hears public testimony for and against the land use proposal, reviews evidence and renders its decision;

2. Administrative review with notice, in which a posted and/or published notice is given to affected and interested parties, followed by a decision by the reviewing authority. The notice shall be designed to ensure that all interested parties are aware of the pending decision and are given a chance to comment before the reviewing authority renders its decision. The reviewing authority shall be the development review committee;

3. Administrative review without notice, used when land use decisions made by the reviewing authority are based upon standards that have been adopted by the city as law or policy, and the reviewing authority is allowed to render a decision without giving notice to surrounding property owners and other parties. The reviewing authority shall be the development review committee;

4. Ministerial or tenant improvement review, used when a proposed land use is to be located within a facility that meets the city's development standards, or when the existing facility has been previously approved for the same or similar use. The reviewing authority is not required to give notice prior to rendering a decision. The reviewing authority shall be the building official, or his or her designee, with concurrence with other city agencies.

B. Review procedures for each application type are specified in Articles II through XII of this chapter.

(Ord. 192 Exh. A (§ 83.01.010), 1994)

(Ord. No. 2009-08, § 3(Exh. A), 10-20-09; Ord. No. 2012-14, § 3(Exh. A), 8-7-12; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

A. Notice of Land Use Decisions.

1. General Provisions.

a. Notice shall be given by first class mail or delivery to all surrounding property owners for land use decisions using the public hearing or administrative review with notice procedures.

b. Notice shall be given by first class mail to any person who has filed a written request for such notice.

c. When the discretionary power of the reviewing authority permits decisions with limited notice, notice shall be given by first class mail or delivery to all contiguous property owners.

d. Notice shall be given in the case of a conversion of residential real property to a condominium project, community apartment project or stock cooperative, pursuant to Section 66427.1 of state law.

e. Notice may be given in such other manner as is deemed necessary or desirable by the reviewing authority.

f. The notice shall include all necessary information to give those receiving the notice a reasonable opportunity to evaluate the implications of the proposal and to participate in the decision-making process. The information shall include, but not be limited to, date, time, and place of the public hearing as well as a general description and location of the proposal.

g. "Surrounding property," for the purposes of this section, shall be defined as those properties which fall within a radius drawn from the nearest limits of the property that is the subject of the land use application, as follows:

i. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing.

ii. If the subject property is thirty-five (35) acres or less, all properties within a three hundred (300) foot radius shall be notified. For projects requiring a density transfer, density bonus, legislative act or an environmental impact report, all properties within a six hundred (600) foot radius shall be notified.

iii. If the subject property is greater than thirty-five (35) acres, all properties within a six hundred (600) foot radius shall be notified. For projects requiring a density transfer, density bonus, legislative act or an environmental impact report, all properties within a nine hundred (900) foot radius shall be notified.

iv. The reviewing authority may expand the surrounding property notice requirement if deemed necessary to include all properties potentially affected by the application.

v. "Contiguous property," for the purpose of this section, shall be defined as those properties which touch property lines of any parcel that is the subject of a land use decision, including those properties which touch said property lines of the subject parcel when projected across public or private rights-of-way or easements.

A one-eighth page display advertisement in a newspaper of general circulation may be substituted for individual property owner noticing, whenever the individual notice would require notification of one thousand (1,000) or more property owners.

vi. An ownership of surrounding and contiguous properties shall be determined from the latest equalized tax assessment role.

2. Public Hearing Notification. At least ten days before the meeting date of a project requiring a public hearing, the reviewing authority shall cause notice of the time and place of the public hearing on the project to be given in the following manner:

a. Notice shall be published once in a newspaper of general circulation for land use approvals requiring a public hearing, if such a newspaper has been legally adjudicated for this purpose; or,

b. Notice shall be posted at least ten days prior to the public hearing in at least three public places pursuant to state law.

c. Supplemental Notice Requirements. Additional public notification beyond the boundaries specified in Section 16.12.010(A)(1)(g) may be required for a development application as determined by the reviewing authority in any one of the following circumstances:

i. The proposed development is a residential infill project with a higher intensity land use than that of the existing neighborhood; or,

ii. The proposed infill project requires a general plan land use amendment; or,

iii. The proposed infill project requires an EIR; or,

As deemed to be necessary and desirable by the reviewing authority, based on the nature of the proposed project. For large projects, the reviewing authority may determine that additional noticing is necessary.

iv. In determining the boundaries of an expanded notification area, the following criteria shall be used:

(A) The expanded area may be directly affected by the proposed project due to proposed or established circulation and drainage pattern, access, view, grading, or other similar considerations, or

(B) The expanded area is an integral part of the affected neighborhood or subdivision.

v. If it is determined upon initial submittal that supplemental notification is necessary, the applicant shall be notified within thirty (30) days as part of the city's notice of complete application, of the expanded notification area to be included in the mailings.

d. Other Notice Requirements. Notices required by this section shall be in addition to any other or different notice required by other provisions of this code or by state law, provided, however, that nothing therein shall require separate notices to be given if the same notice will satisfy the requirements of this section and any other applicable section of this code or state law.

e. Any public hearing may be continued to a specific date from time to time by the reviewing authority, subject to limitations provided by law; and in such case no further notice need be given.

(Ord. 213 Exh. A (part), 1995; Ord. 192 Exh. A (§ 83.01.020), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. The planning department may require that the applicant submit materials for and attend a preapplication conference to review the development proposal prior to acceptance of the application. The purpose of this conference is to acquaint the city with the intentions of the applicant, to acquaint the applicant with any applicable policies and procedures, to identify city ordinances and improvement standards applicable to the proposal, and to identify any significant development opportunities and/or constraints on the site.

B. The preapplication conference shall include an exchange of information concerning the whole of the area intended by the applicant to be developed, even if such development is intended to proceed by stages, whether or not applications for review of the entire project area are made at the time of the initial application.

C. Application for a preapplication conference shall be made at planning department, and shall be accompanied by the appropriate fee as adopted by the city council. The applicant shall submit the required number of copies of a conceptual plan, showing proposed land use types, areas and locations. The conceptual plan shall include sufficient information about the proposal to permit evaluation of the development issues identified in this section.

D. The preapplication conference shall address, but not be limited to, the following subject matter:

1. Subject Parcel. Its size, location, dimensions and area; any existing improvements or development on-site; existing general plan land use designations;

2. Proposed Development Project. Uses proposed for the site; type and placement of buildings and other improvements;

3. Characteristics of the Project Site and Vicinity. Existing and proposed land use designations and development on adjacent parcels; any identified natural or man-made hazards on-site or in vicinity;

4. Proposed Circulation Improvements, Both On and Off-site. Access points and vehicular access ways, parking, loading, and pedestrian circulation;

5. Public Improvements. Type, location and sizes of public facilities likely to be required to support the proposal, including utilities, sewer, water and drainage, along with a plan for providing and maintaining improvements;

6. Location, amount, type and method of maintenance for proposed open space and landscaped areas;

7. Community Service Impacts. Estimated impacts on public services, including schools, parks, fire and police protection, and solid waste disposal.

(Ord. 192 Exh. A (§ 83.01.030), 1994)

A. Application forms for all land use decisions shall be filed with the planning division. Each application for a land use decision shall be accompanied by such information and materials deemed necessary by the reviewing authority to render the requested land use decision. A uniform fee, as established by the city council, shall be paid to the city upon filing of each application. Any application made under the provisions of the development code may be initiated by the city council or by any interested party unless otherwise indicated in this chapter.

B. All land use decisions subject to the California Environmental Quality Act shall be reviewed by the planning division in accordance with Article XIII of this chapter.

C. When more than one land use decision is required for a single project, all applications shall be filed concurrently, unless separate filings are authorized by the reviewing authority.

D. The planning division shall prepare written guidelines that set forth detailed procedures for the review of each application type and which outline the information and materials required for each application. Any application for a land use decision that does not meet the requirements set forth in the applicable guidelines may be rejected by the reviewing authority.

(Ord. 192 Exh. A (§ 83.01.040), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

The following time limits are established for reviewing land use applications as complete.

A. Pursuant to Government Code Section 65943, not later than thirty (30) days after the city has received an application for a development project, it shall determine whether the submitted application materials are complete, and shall transmit such determination to the applicant. Upon receipt of any resubmittal, a new thirty-day time period shall begin during which the city shall determine the completeness of the application. If the application together with submitted materials are determined not to be complete, the applicant may appeal the decision to require additional information to the planning commission, as provided for in Section 16.12.055(A)(2) of this article. If the final written determination on the appeal is not made within sixty (60) days, the application as well as the submitted materials shall be deemed complete.

B. The reviewing authority and the applicant may mutually agree to a reasonable extension of these time limits.

(Ord. 192 Exh. A (§ 83.01.050), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. In the event that the application is lacking as shown below and it is not provided by the applicant within the time limits specified by Section 16.12.025 of this article, the city may continue or deny a permit or entitlement for a development project to allow time to obtain the needed information. Information whose absence would constitute a reason for such a denial includes:

1. Information which is necessary to prepare a legally adequate environmental document;

2. Information without which the city's decision to approve a project would not be supported by substantial evidence.

B. The city may deny an application for the above reasons. The reviewing authority may choose to deny the project without prejudice, allowing the applicant the right to reapply for the same permit within a year.

(Ord. 192 Exh. A (§ 83.01.060), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

The following time limits are established for rendering land use decisions:

A. Except for legislative acts of the city council, the reviewing authority shall render its decision on a land use application within the following time limits, or the application shall be deemed approved:

1. If a negative declaration is prepared, or if the project is exempt pursuant to the Public Resources Code, the project shall be approved or disapproved within six months from the date on which an application requesting approval of the project has been received and accepted as complete by the reviewing authority, except as provided in Section 16.12.025 of this article.

2. If an environmental impact report (EIR) is prepared, the project shall be approved or disapproved within one year from the date that the project has been accepted as complete by the reviewing authority, except as provided in Section 16.12.025.

3. Should compelling circumstances justify additional time beyond one hundred five (105) days to complete a negative declaration or beyond one year to complete and certify an environmental impact report, then a reasonable extension of time may be granted by the reviewing authority if the project applicant requests or consents to such an extension, subject to the following provisions:

a. In the case of an environmental impact report, the planning agency shall approve or disapprove the project within forty-five (45) days after certification of the environmental impact report for a tentative map or parcel map; and ninety (90) days after the certification of the environmental impact report for all other types of development projects.

b. In the case of a negative declaration, a reasonable extension of time shall not exceed six months and an additional ninety (90) days for all development projects; provided however, subdivisions shall be subject to the time limits specified in the development code, or other applicable adopted codes or ordinances, unless a waiver has been obtained in accordance with this section to allow for such an extension of time.

4. Pursuant to Section 66452.1 of the Subdivision Map Act, the planning agency shall approve, conditionally approve, extend or disapprove a tentative map or minor subdivision plot plan or a proposed subdivision within fifty (50) days from completion of the negative declaration or completion and certification of an environmental impact report except as otherwise provided by such Act. These time limits or any other time limits for reporting and acting on maps as specified in the development code or any other applicable adopted code, policy or ordinance, may be extended by mutual consent of the subdivider and the reviewing authority. Upon consent of the subdivider, a waiver of any of these time limits may be obtained for the purpose of permitting concurrent processing of related land use applications, or an environmental review on the same development project or subdivision.

B. When a land use application decision is contingent on approval of another application or ordinance which requires legislative action, such as a general plan amendment, zone change, or ordinance, the time limits specified by this section for acting on such a land use application shall commence on the effective date of the last such legislative action on which that land use application is contingent

(Ord. 192 Exh. A (§ 83.01.070), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. A reviewing authority may refer a request for a land use decision to the reviewing authority designated as the appeal body for that type of land use application. In such cases, a statement containing the reasons for referring the land use decision shall be prepared by the referring authority.

B. All land use decisions which require a legislative act prior to their approval or denial shall be referred to the city council for final action.

C. Prior to rendering a land use decision; the reviewing authority shall address each of the findings that apply to the application type as described in Articles II through XII of this chapter. Evidence or testimony shall be given to substantiate each of the required findings for the decision, and shall be specifically cited in the action taken by the reviewing authority.

D. A land use application which has been denied by the development review committee (DRC), planning commission and/or city council cannot be resubmitted to the city within one year from the decision date.

E. The DRC, planning commission and/or city council may take an action of denial without prejudice on a land use application. Such action allows the applicant to reapply for the same permit within one year of the decision date. The city council shall have the authority to waive reapplication fees when such action is taken; however, if reapplication is not accomplished within one year of the decision date, the application will be subject to full application fees.

(Ord. 192 Exh. A (§ 83.01.080), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

Unless appealed, land use application decisions become effective as follows:

A. Unless adopted on an urgency basis, land use ordinances shall become effective thirty (30) days after the second reading of the ordinance.

B. Land use decisions made at a public hearing shall be effective on the eleventh day after the decision date, except when the tenth such day is not a city business day. In such instances, the land use decision shall become effective on the second consecutive city business day following such tenth day.

C. Land use decisions not made at a public hearing by a reviewing authority become effective on the eleventh day after the written notice of the land use decision has been deposited in the U.S. mail, except when the tenth such day is not a city business day. In such instances, the land use decision shall become effective on the second consecutive city business day following such tenth day.

D. Notwithstanding the provisions of this section, land use application decisions which are made contingent on the approval of another application or ordinance requiring legislative action, such as a general plan amendment, zone change, or ordinance, shall become effective on the date when the approval of the last such application on which they are subject becomes effective.

(Ord. 192 Exh. A (§ 83.01.090), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. In approving an application for a land use decision, the reviewing authority may establish reasonable conditions to its approval necessary to protect the public health, safety and general welfare.

B. Minor modifications of the conditions of approval for a development project may be approved by the reviewing authority through the administrative review without notice procedure pursuant to Section 16.12.005. However, should the reviewing authority determine that the modification(s) may have significant impacts on the project site or surrounding properties, then the requested modification(s) may be referred back to the reviewing authority who required the condition(s). The review procedures for the requested modification(s) shall be those which were applicable to the project when originally reviewed.

(Ord. 192 Exh. A (§ 83.01.100), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. Prior to its effective date, any land use decision made by a reviewing authority other than the city council may be appealed by the applicant or other affected party, as follows:

1. "Affected party" includes any resident or business interest, the city, including its elected or appointed officials, and responsible or trustee agencies as defined in the California Environmental Quality Act.

2. The planning commission shall consider appeals regarding land use decisions made by the DRC, including the decision to require preparation of an environmental impact report (EIR).

3. The planning commission may refer consideration of an appeal to the city council, except for those decisions involving only a minor exception, a determination as to the completeness of an application, or the requirement for preparation of an environmental impact report. In these instances, the planning commission decision shall be the final and conclusive decision.

4. The city council shall consider appeals regarding land use decisions made by the planning commission, except as specified above.

B. Application for an appeal of a land use decision shall be made upon forms supplied by the reviewing authority to which the appeal is being made. Applications for appeals shall be accompanied by a written statement of the grounds upon which the appeal is based. A uniform fee, as established by the city council, shall be paid to the city upon the filing of each appeal.

C. An appeal of a land use decision must be filed prior to the date on which such land use decision becomes effective, as specified in Section 16.12.045. A properly filed application for appeal stays proceedings in the matter appealed until a decision is rendered on the appeal.

D. Within thirty (30) days of the acceptance of an application for an appeal of a land use decision, the reviewing authority shall set the matter for hearing and shall give notice of the date, time and place of the hearing to the appellant, the applicant, and to any other party who has requested in writing to be so notified. In addition, notice shall also be given in the same manner as notice was given for the land use decision being appealed.

E. Upon hearing the appeal, the appeal body shall consider the record and such additional evidence as may be offered, and may affirm, reverse or modify, in whole or in part, the order, requirements, decision, determination, interpretation or ruling appealed from, or make and substitute such other or additional decision or determination as it may find warranted under the provisions of the development code, or other applicable adopted city code, ordinance, resolution or standards. The appeal body is subject to all of the criteria and findings requirements imposed upon the original decision maker. The appropriate authority shall forthwith transmit a copy of the decision to the applicant, and the appellant.

(Ord. 2003-05 § 4 (part), 2003; Ord. 192 Exh. A (§ 83.01.110), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. Any land use decision made in accordance with the provisions of this title shall be subject to the following time limitations:

B. Unless a land use is established or plans have been submitted and accepted by the building division for building permit processing the land use decision shall become null and void.

C. For non-residential projects, where circumstances warrant, the development review committee may grant extensions of time for a period of time not to exceed twelve (12) months each. The development review committee shall consider each extension of time on its own merits and may amend the conditions as necessary to bring the project into compliance with the development standards in effect at the time of review of the extension. The development review committee may refer such request for extension to the planning commission for action.

D. Public projects shall not be subject to a time limitation unless specific time limits are included within conditions placed upon the project's approval. When time limits are placed within the conditional approval of a public project, extensions of time may be granted whenever warranted; provided, no single action is taken to grant an extension greater than twelve (12) months.

(Ord. 192 Exh. A (§ 83.01.120), 1994)

(Ord. No. 2009-08, § 3(Exh. A), 10-20-09; Ord. No. 2012-14, § 3(Exh. A), 8-7-12; Ord. No. 2020-10, § 2, 11-3-20; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

A. General Provisions.

1. Except as specified in the California Administrative Code and the Building Code, it is unlawful to construct, erect, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, unless a building permit for each building or structure has first been obtained from the department of building and safety for such work.

2. Each application for a building permit shall be made on a printed form to be obtained at the building division, and shall be accompanied by accurate information and dimensions as to the size and location of the lot; the size and location of the buildings on the lot, the dimensions of all yards and open spaces; and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the building division may require the applicant to furnish a survey of the lot prepared by a licensed surveyor. The original of such application shall be retained by the building division.

3. A building permit shall not be issued for the construction or use of any structure or part thereof, or for the use of any land which is not in accordance with the provisions of the development code, or other applicable governmental entities adopted codes, ordinances, resolutions or standards. The use shall also be in conformity with the approved entitlement, where required by this chapter. Any permit issued contrary to the provisions of this chapter, or other applicable governmental adopted codes, ordinances, resolutions or standards, or not in conformity with approved land use action shall be void and of no effect.

4. A building permit shall not be issued where the structure or structures to be erected will have the effect of depriving other persons of the use of their property, or will have the effect of invalidating the general plan.

5. A building permit shall not be issued for a residential building or structure on a lot which does not have a minimum frontage of forty (40) feet unless otherwise approved in a planned development or equivalent development plan, with access on a dedicated street or way acceptable to the city engineer.

a. Acceptable access shall include a public thoroughfare or right-of-way which is dedicated, deeded or condemned for use as a principal means of access to abutting property, and which is constructed to acceptable standards for the purpose of carrying through traffic; any exceptions to these requirements must be approved by the city engineer.

b. Where substandard alleys are located at the rear or sides of property, such alleys shall be used primarily for service functions, including but not limited to trash collection, utility service and fire access; alleys shall not be intended or used for conveyance of through traffic, required parking, or for primary access.

c. Alleys which conform to city standards may be allowed for secondary access.

d. Any existing alleys must conform to standards contained herein in order to be approved for public use of access.

e. Paving for alleyways shall meet specifications of the public works department.

f. Minimum alley right-of-way width shall be twenty (20) feet, and dedication to the city shall be required.

B. Flood Hazard. The reviewing authority is authorized and shall have the duty to refuse the issuance of a building permit or permits to any applicant whose lot is geographically located in such a manner as to constitute a flood hazard either to the proposed structure of the applicant or to any other property. Such a decision by the reviewing authority may be appealed to the planning commission, pursuant to Section 16.12.055.

(Ord. 192 Exh. A (§ 83.01.130), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

A. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure, or portion thereof, shall be made until the reviewing authority has issued a certificate of occupancy thereof as provided for under the development code and other applicable codes and ordinances adopted or amended by the city and its subsidiary districts.

B. New Buildings. The reviewing authority may refer any application for a certificate of occupancy to the planning commission for their review and approval.

(Ord. 192 Exh. A (§ 83.01.140), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. A land use decision may be modified or revoked by the planning commission for the following reasons:

1. Violation of applicable provisions of the development code, or other applicable city codes, resolutions, ordinances or standards;

2. Failure to comply with the conditions of approval placed upon the project;

3. Approval obtained by fraud.

B. Procedure.

1. After setting a date for public hearing, the reviewing authority shall notify the applicant and owners of the project in question. Such notice shall be sent by mail and shall state that the commission will be reviewing the project for possible modification or revocation. It shall also state the date, time and place of hearing. The public hearing shall be conducted and notice given in accordance with Section 16.12.005(A).

2. The reviewing authority shall fully investigate the evidence and prepare a report for the commission's consideration. Upon conclusion of the public hearing, the commission shall render a decision to do one of the following measures:

a. Find that the use is being conducted in an appropriate manner and that no action to modify or revoke is necessary; or

b. Find that the use is not being conducted in an appropriate manner and that modifications to conditions are necessary; or,

c. Find that the use is not being conducted in an appropriate manner and that modifications are not available to mitigate the impacts and therefore revokes the permit which requires the operation to cease and desist in the time allotted by the commission.

3. If the planning commission either modifies or revokes a use, then it shall state specific reasons for such action within the resolution.

C. New Applications Following Denial or Revocation. Following the denial or revocation of a land use application, an application for the same or substantially the same use of the same or substantially the same site shall not be filed within one year of the date of denial or revocation.

D. Any building permits issued for a project on which the approved land use decision has been revoked shall be null and void.

(Ord. 192 Exh. A (§ 83.01.150), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

In accordance with Government Code Section 66018, the city council shall establish development impact fees and connection charges by resolution at a regularly scheduled meeting where a public hearing is held for the consideration of said fees/charges.

(Ord. 2001-11 § 3, 2001)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)