Sec. 44-466. - Precise plan required.

A precise plan or precise plan amendment shall be obtained for all proposed construction or other development in the City, including the placement of manufactured homes, so that it may be determined whether such construction or other development is within a flood-prone area.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-467. - Designation of the floodplain administrator.

The Community Development Director is hereby appointed to administer, implement, and enforce this division by processing precise plan permits for development in accord with this chapter.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-468. - Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:

(1)

Permit review. Review all development permit applications to determine whether:

a.

Permit requirements of this division have been satisfied;

b.

All other required state and federal permits have been obtained; and

c.

The site is reasonably safe from flooding.

(2)

Review and use of any other base flood data. The Floodplain Administrator shall obtain, review, and reasonably utilize any base flood data available from other Federal or state agency or other source.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-469. - Standards of construction.

If a proposed building site is in a flood-prone area, all new construction and substantial improvements, including manufactured homes, shall:

(1)

Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2)

Be constructed:

a.

With materials and utility equipment resistant to flood damage;

b.

Using methods and practices that minimize flood damage;

c.

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-470. - Standards for subdivisions or other new development.

If a subdivision proposal or other proposed new development, including manufactured home parks or subdivisions, is in a flood-prone area, any such proposals shall be reviewed to assure that:

(1)

All such proposals are consistent with the need to minimize flood damage within the flood prone area;

(2)

All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

(3)

Adequate drainage is provided to reduce exposure to flood hazards.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-471. - Standards for utilities.

(a)

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

(1)

Infiltration of flood waters into the systems, and

(2)

Discharge from the systems into flood waters.

(b)

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(Ord. No. 2016-01, § 5, 5-5-2015)

Secs. 44-472—44-474. - Reserved. ARTICLE IV. - ADMINISTRATIVE PROCEDURES DIVISION 1. - ADMINISTRATIVE RESPONSIBILITY

Sec. 44-475. - Purpose.

The purpose of this division is to describe the authority and responsibilities of the City staff and officials in the administration of this chapter.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-476. - Planning agency defined.

As provided by State law (Government Code § 65100), the City Council, Development Committee, and the Community Development Director shall perform the functions of the planning agency.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 18, 5-3-2016)

State Law reference— Local planning agencies, Government Code § 65100 et seq.

Sec. 44-477. - Review authorities.

The following review authorities shall make decisions on the procedures authorized by this Development Code, and as identified in Table IV-1:

(1)

City Council.

(2)

Development Committee.

(3)

Special Permit Committee.

(4)

Special Permit Subcommittee.

(5)

City Manager.

(6)

Community Development Director.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 19, 5-3-2016)

Sec. 44-478. - City council duties and authority.

The City Council shall perform the duties and functions prescribed in this chapter, including reviewing, or making determinations on applications for development projects in compliance with Table IV-1.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-479. - Reserved.

Editor's note— Ord. No. 2016-06, § 20, adopted May 3, 2016, repealed § 44-479 in its entirety. Former § 44-479 pertained to "Planning commission," and was derived from Ord. No. 2015-01, § 3, adopted May 5, 2015.

Sec. 44-480. - Development and circulation committee.

The Development and Circulation Committee is an advisory committee consisting of citizens-at-large appointed by the City Council. It shall be the duty of the Development and Circulation Committee:

(1)

To review proposed projects for consistency with the Circulation and Infrastructure Element of the General Plan; and

(2)

To recommend to the City Council ways and means for improving transportation, transit, and circulation conditions and matters in Chapter 40 "Vehicles and Traffic"; and

(3)

To advise the City Council on matters affecting the review, study, evaluation, design, and installation of traffic control devices in compliance with the Guidelines and Warrants of the CAMUTCD.

(4)

To advise the City Council on matters affecting accessibility, parking, and transportation modes, including pedestrian, bicycle, and automobiles on all public rights-of-way and paths within the City limits; and

(5)

To perform the duties and functions prescribed in Chapter 44, including reviewing, making recommendations, or making determinations on applications for development projects in compliance with Table IV-1;

(6)

To advise the City Council and perform such advisory duties and functions relating to planning, land use, transportation and circulation issues as the City Council may direct; and

(7)

The Development and Circulation Committee shall also serve as the board of appeals related to disputes concerning the building standards code.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2017-01, § 4, 3-7-2017)

Editor's note— Ord. No. 2017-01, § 4, adopted March 7, 2017, amended § 44-480 to read as set out herein. Previously § 44-480 was titled "Development committee."

Sec. 44-481. - Special permit committee.

(a)

Membership. A representative of each City department shall comprise a Special Permit Committee to investigate, conduct meetings to issue certain special permits, and consider the revocation or extension of special permits.

(b)

Duties and authority. The Special Permit Committee shall perform the duties and functions prescribed in this chapter, including making determinations on applications for special permits in compliance with Table IV-1.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-482. - Special permit subcommittee.

(a)

Membership. The Special Permit Committee Subcommittee shall be composed of three members. The members shall include the City Manager, the Community Development Director, and a representative from the Police Department.

(b)

Duties and authority. The Special Permit Subcommittee shall perform the duties and functions prescribed in this chapter, including making determinations on applications for special permits in compliance with Table IV-1.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-483. - City manager.

The City Manager shall perform the duties and functions prescribed in this chapter, including reviewing, making recommendations, or making determinations on applications for development projects in compliance with Table IV-1.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-484. - Community development director.

The Community Development Director shall perform the duties and functions prescribed in this chapter, including reviewing, making recommendations, or making determinations on applications for development projects in compliance with Table IV-1.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-485. - Authority for land use and zoning decisions.

Table IV-1 identifies the City official or authority responsible for reviewing and making decisions on each type of application or land use entitlement required by this chapter.

TABLE IV-1. REVIEW AUTHORITY

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 21, 5-3-2016; Ord. No. 2022-01, § 18, 5-3-2022; Ord. No. 2023-02, § 8, 2-7-2023; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-486. - Special permit review authority.

Table IV-2 identifies the City official or authority responsible for reviewing and making decisions on each type of special permit application as required by this chapter.

TABLE IV-2. SPECIAL PERMIT REVIEW AUTHORITY

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-06, § 10, 8-2-2022)

Sec. 44-487. - Sign review authority.

Table IV-3 identifies the City official or authority responsible for reviewing and making decisions on each type of sign application as required by this chapter.

TABLE IV-3. SIGN REVIEW AUTHORITY

* N/A—Not applicable

(1)

Electronic monument signs are allowed in the public/institutional zoning district only and are subject to a precise plan permit. The bodies with decision making and appeal authority for a precise plan permit are identified in table IV-1 in section 44-485, and the decision-making body will consider applications based upon recommendations of both the Community Development Department and the Development and Circulation Committee.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 22, 5-3-2016; Ord. No. 2021-03, § 6, 12-7-2021; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-488. - Public hearings required.

(a)

The Development Committee and City Council, where identified as having review or appeal authority in Table IV-1, shall hold a public hearing prior to considering, reviewing, and/or taking action on any of the following entitlements:

(1)

Conditional use permits.

(2)

Precise plans and precise plan amendments.

(3)

Variances.

(4)

Specific plans.

(b)

All public hearings shall comply with the notification and procedural requirements in Section 44-518.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 23, 5-3-2016)

Sec. 44-489. - Specific plan initiation.

Adoption of a new specific plan or an amendment to an existing specific plan may be initiated in the following manner:

(1)

Council. The City Council may initiate the preparation of a specific plan.

(2)

Property owner. The property owner or the authorized agent, or an affected party, may file an application for a specific plan. If the property for which a specific plan or specific plan amendment is proposed has more than one owner, all of the owners or their authorized agents shall join in filing the application.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-490—44-516. - Reserved. DIVISION 2. - HEARINGS[[4]]

Footnotes:

--- ( 4 ) ---

State Law reference— Public notice of public hearings for planning and zoning matters, Government Code §§ 65090, 65091; planning commission public hearing on proposed zoning ordinance or amendment to zoning ordinance, Government Code § 65854.

Sec. 44-517. - Purpose.

This division provides procedures for scheduling and conducting public hearings before the Development Committee and City Council. When a public hearing is required by this Development Code, public notice shall be given and the hearing shall be conducted in compliance with this division.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 24, 5-3-2016)

Sec. 44-518. - Notice of public hearing.

Notice of the time and place of public hearings shall be given in accordance with State law.

(1)

Notice of a public hearing shall be posted at City hall, the public library, Community Center, and when applicable in front of the subject property.

(2)

Additional requirements for drive-through facilities. In accordance with Government Code § 65090, whenever a local agency considers the adoption or amendment of policies or ordinances affecting drivethrough facilities, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation. Access restrictions to commercial establishments affecting the blind, aged, and disabled is a critical statewide problem.

(3)

Additional requirements for subdivision approvals. In accordance with Government Code § 65091, any notice relating to an approval governed by the Subdivision Map Act, Government Code § 66410 et seq., or Article VI of this chapter shall also be given to any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Civil Code § 883.230.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-519. - Content of notice.

Notices shall contain the following information:

(1)

The required description of the property under consideration, which shall use either a street address, a legal description, or other method that substantially identifies the property.

(2)

The purpose or nature of the application or public hearing.

(3)

The time, place, and the review body for the public hearing.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-520. - Continuance.

If for any reason the public hearing is to be continued beyond the day set, the public hearing may be continued; such continuance shall not be subject to the notice requirements set forth in Section 44-518.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-521. - Summary of testimony.

A summary of all pertinent testimony offered at a public hearing and the names of persons testifying shall be condensed in writing and made a part of the permanent files of the case.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-522. - Notice of decision.

Following the rendering of a decision on an application, a copy of the decision shall be mailed to the applicant and any other person who has made a written request for a copy of the decision.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-523—44-552. - Reserved. DIVISION 3. - APPEALS[[5]]

Footnotes:

--- ( 5 ) ---

State Law reference— Authority of local government to provide by ordinance procedures for appeals from zoning decisions, Government Code § 65903.

Sec. 44-553. - Authority.

Any decision made by an approval authority designated in Section 44-485, Table IV-1, Section 44-486, Table IV-2, or Section 44-487, Table IV-3 may be appealed pursuant to the procedures established in this division. The appeal authority shall be that person or body designated in the appropriate review authority table referenced herein.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-554. - Form and content.

The appellant shall state in writing the specific reasons for the basis of the appeal. Only those items raised in the written appeal shall be considered by the appeal authority. Appeal applications shall include the required fee.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-555. - Status of original decision.

From the time that the appeal is filed until such time that the appeal is decided upon by the appeal authority, the entire original decision shall be suspended and no action on the application or permit shall be taken by the applicant or the City until such time that the appeal is resolved. Once the appeal is resolved, all elements of the original decision, excluding those items raised in the appeal, shall be in effect.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-556. - Time period for appeal.

The appeal shall be filed with the City Clerk within 15 calendar days following the date of the decision by the appropriate review authority.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-557. - Progression of appeals.

(a)

When more than one body is designated as having appeal authority in a subject review authority table, the appeal shall be presented to the bodies in the following order:

(1)

Community Development Director.

(2)

Development Committee.

(3)

City Council.

(b)

The appeal process may continue until the matter is resolved or is abandoned by the appellant or until all appeal options have been exhausted. Only those appeal bodies listed in a subject review authority table for a given action shall be included in the appeal progression for that action.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 25, 5-3-2016)

Secs. 44-558—44-577. - Reserved.

DIVISION 4. - EXPIRATION AND EXTENSION

Sec. 44-578. - Purpose.

This division provides requirements for the implementation of the permits and entitlements specified by this chapter, including time limits and procedures for granting extensions of time.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-579. - Expiration of permit/entitlement.

Unless otherwise specified, permits and entitlements not subject to the Subdivision Map Act shall comply with the following provisions:

(1)

The applicant for a permit shall file a written acceptance of the terms and conditions imposed by the permit with the Community Development Director within 15 days of the issuance of the permit.

(2)

The applicant must agree to indemnify the City for all costs, including any legal fees and court costs, which may result from a challenge to the issuance of the permit/entitlement.

(3)

The permit/entitlement shall expire and be of no further force or effect if:

a.

The permit is not established within 180 days of the permit's effective date or such other time period designated by the permit's approval, by State law or by this Code.

b.

After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year.

(4)

If the application for the permit/entitlement also involves the approval of a tentative map, the date of construction shall be consistent with the tentative map and the permit/entitlement shall be exercised before the expiration of the companion tentative map.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-580. - Time extensions.

An extension of a permit or entitlement shall be subject to the following provisions:

(1)

Written request. The applicant shall file a written request for an extension of time prior to the expiration of the permit/entitlement, together with the filing fee required.

(2)

Decision on request for extension. Upon showing good cause, the request for a time extension may be approved, approved with modifications, or disapproved by the original approval authority. This decision may be appealed to the City Council.

(3)

Limits on extensions. The maximum number of years that a permit/entitlement may be extended may not exceed a total of three additional years beyond the expiration date of the original approval. Extensions shall be limited to one-year increments.

(4)

Criteria for granting an extension. An extension of the approval of a permit/entitlement may be granted only if it is found that there have been no significant changes in the general plan, applicable specific plans, this chapter, this Code, or the character of the area surrounding the subject property that would cause the approved permit/entitlement to be injurious to the public convenience, health, safety, or general welfare.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-581—44-608. - Reserved.

DIVISION 5. - REVOCATION AND MODIFICATION