Chapter 10.96 — AMENDMENTS

This title may be amended by changing the zoning map or the zoning regulations.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.96.020 - Initiation of amendments.

A.

Zoning Regulations. Amendments to the zoning regulations shall be initiated by motion of the City Council or the Planning Commission.

B.

Zoning Map. Amendments to the zoning map shall be initiated by motion of the City Council or Planning Commission, or by application of the owner or authorized agent of property for which the change is sought. If property that is the subject of an application is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A property owner shall initiate a request for a zoning map amendment by filing the following with the Community Development Director:

A.

A completed application form;

B.

A completed Initial Study form;

C.

A map showing the location and street address of the property that is the subject of the amendment and of all lots of record within 500 feet of the boundaries of the property;

D.

A list, drawn from the last equalized property tax assessment roll or the records of the County Assessor or Tax Collector, showing the names and addresses of the owner of record of each lot within 500 feet of the boundaries of the property. This list shall be keyed to the map required by subsection (C) above and shall be accompanied by mailing labels.

E.

The required fee.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A.

Scope. The Community Development Director shall set a date, time, and place for the public hearing and prepare a report to the Planning Commission on an application of a property owner for a zoning map amendment describing the area to be considered for change and, if warranted, proposing alternative amendments. The hearings will be held within a reasonable time after the City's acceptance of a complete application.

B.

Notice of Hearing.

1.

Normal Procedure. Notice shall be given in accord with Government Code Sections 65090 and 65091, except that a mailed notice for a zoning map amendment shall be provided in accord with Section 10.84.040(B)(1) of this Title (which requires 500′ radius mailing notice), in addition to published and posted notices.

2.

Zoning Map Amendments: 1000 or More Lots. If a proposed zoning map amendment includes 1,000 or more lots, notice may be given in accord with Government Code Section 65091(a)(3).

C.

Contents of Notice. Notices required by this section shall contain:

1.

A description of the amendment;

2.

A statement of the date, time, and place of the hearing;

3.

Reference to the Council or Commission motion or application and other materials on file with the Community Development Director for detailed information; and

4.

A statement that any interested party or agent may appear and be heard.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94)

10.96.050 - Duties of Planning Commission.

A.

Public Hearing. At the time and place set for the public hearing, the Planning Commission shall consider a report of the Community Development Director and shall hear evidence for and against the proposed amendment. The Planning Commission may continue a public hearing to a definite date and time without additional notice.

B.

Recommendation to City Council. Following the public hearing, the Commission shall make specific findings as to whether the proposed zoning regulation or zoning map amendment is consistent with the policies of the General Plan and the purposes of this title, and shall recommend approval, conditional approval, or disapproval of the proposal as submitted or in modified form.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A Planning Commission recommendation of denial of an application for a zoning map amendment or zoning regulation amendment submitted by petition shall terminate proceedings, unless appealed. Notice of such action shall be mailed to the applicant within 7 days of the Commission's decision.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.96.070 - Duties of City Council.

A.

Hearing Date and Notice. Upon receipt of a Planning Commission recommendation for approval or conditional approval of an amendment, the Council shall set a date and time for a public hearing on the proposed amendment. The hearing shall be held within a reasonable time of the date of filing of the Commission recommendation. The City Clerk shall give notice of such hearing in the manner prescribed as required by Section 10.96.040.

B.

Public Hearing. At the time and place set for the public hearing, the Council shall hear evidence for and against the proposed amendment. The Council may continue a public hearing to a definite date and time without additional notice.

C.

Council Decision. Within 21 days after the public hearing, the Council shall approve, modify, or reject the Commission recommendation, provided that a modification not previously considered by the Commission shall be referred to the Commission for a report prior to adoption of an ordinance amending the zoning regulations or map. Failure of the Planning Commission to report within 40 days after referral or such longer period as may be designated by the Council shall be deemed approval of the proposed modification. Prior

to adoption of an ordinance, the Council shall make findings that the proposed regulation or map amendment is consistent with the policies of the General Plan and the notice and hearing provisions of this title.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A.

Revisions. At or after a public hearing, the Commission or the Council may determine that the public interest would be served by:

1.

Revising the boundaries of an area proposed for a zoning map amendment;

2.

Considering zoning map designations not originally presented in a motion, application, or Commission recommendation; or

3.

Considering zoning regulation amendments not originally presented in a motion, petition, or Commission recommendation.

B.

Supplemental Notice. Notice shall be given prior to a hearing on a revised amendment, unless the Commission or Council finds that the revised amendment will not have impacts greater than those that would result from the amendment in its original form.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Following denial of an application for an amendment to the zoning map by the Commission or Council, no new application or petition for the same, or substantially the same, amendment shall be accepted within 2 years of the date of denial, unless denial is made without prejudice.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Chapter 10.100 - APPEALS AND COUNCIL REVIEW[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 15-0015, § 3, adopted June 16, 2015, amended Chapter 10.100 in its entirety to read as herein set out. Former Chapter 10.100, §§ 10.100.010—10.100.060, pertained to appeals, and

derived from Ord. No. 1832, amended January 17, 1991; Ord. No. 1838, renumbered July 5, 1991; Ord. No. 1951, effective July 4, 1996 and Ord. No. 2118, effective November 21, 2008.

A.

Decisions of the Community Development Director may be appealed to the Planning Commission, and decisions of the Planning Commission may be appealed to the City Council. The decisions of the Planning Commission will be placed on a City Council agenda within the time period specified below for Council review.

B.

Anyone wishing to appeal pursuant to this chapter must timely file with the Community Development Department a written notice of appeal, on a form provided by the Community Development Department, and with the applicable required appeal fee set by City Council resolution. The notice of appeal shall specify the basis for the appeal.

C.

The appeal period ends at the close of the business day for City Hall on the 15[th ] day following the decision. If the 15[th ] day falls on a day when City Hall is closed, the appeal period ends at the close of business on the next working day.

D.

The appeal shall be heard within 60 days of the City Clerk's receipt of the appeal, unless the applicant and appellant consent to a later date. An appeal shall be heard at a public hearing de novo if the decision being appealed required a public hearing. Notice of such a public hearing shall be given in the same manner required for the decision being appealed.

E.

The decision subject to appeal shall be stayed pending a final decision on the appeal or withdrawal of the appeal.

(§ 3, Ord. 15-0015, adopted June 16, 2015 and § 1, Ord. 17-0008, eff. July 5, 2017)

A.

The City Council shall review a Planning Commission decision if two Councilmembers file a Council review form with the City Clerk on or before the 15[th ] day following the decision. For all requests for review, it shall be presumed that the reason for the request is that the decision may have significant and material effects on the quality of life within the City, or that the subject matter of the decision may have City-wide

importance warranting review and determination by City's elected officials. Bias shall not be presumed or inferred due to a request for review.

The City Clerk shall prescribe a review form, which shall be available free of charge. The City Clerk shall schedule the review hearing for commencement within 60 days of the request for review. The review shall otherwise follow the same procedures as appeals in this Chapter.

B.

Public notice of the hearing shall be provided in the same manner, if any, as was provided in connection with the consideration by the Planning Commission.

C.

The Council review hearing shall be conducted as a hearing de novo.

D.

The effectiveness of a decision subject to Council review shall be stayed pending completion of the Council review proceedings.

(§ 3, Ord. 15-0015, adopted June 16, 2015 and § 2, Ord. 17-0008, eff. July 5, 2017)

The appellate or reviewing body may uphold, overturn, or modify the decision of the inferior body. Any such action shall be made by resolution and supported by findings. Alternatively, the appellate or reviewing body may remand the matter for further consideration by the inferior body. In the event of a tie vote by the Planning Commission, the decision of the Community Development Director is effective. In the event of a tie vote by the City Council, the decision of the Planning Commission is final.

(§ 3, Ord. 15-0015, adopted June 16, 2015)

A decision by the City Council regarding an appeal or Council review shall become final on the date of the decision. A decision by the Planning Commission regarding an appeal shall become final on the date of the decision, unless appealed to the City Council, or called up for review pursuant to Section 10.100.020.

(§ 3, Ord. 15-0015, adopted June 16, 2015)

In the event the Commission or City Council takes final action to deny an application or request, such application or request cannot be resubmitted within one year, unless the denial is made without prejudice.

(§ 3, Ord. 15-0015, adopted June 16, 2015)

Chapter 10.104 - ENFORCEMENT

All persons empowered by the City Code to grant permits, licenses, certificates, or other approvals shall comply with the provisions of this title and grant no permit, license, certificate, nor approval in conflict with said provisions. Any permit, license, certificate, or approval granted in conflict with any provision of this title shall be void.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.104.020 - Enforcement responsibilities.

The Community Development Director shall enforce all provisions of this title related to discretionary permits, zoning permits, building permits, and certificates of occupancy. All other officers of the City shall enforce provisions related to their areas of responsibility.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2, Ord. 1951, eff. July 14, 1996)

10.104.030 - Revocation and modification of discretionary permits.

A.

Duties of Community Development Director, Planning Commission, and City Council. Upon determination that there are reasonable grounds for revocation or modification of a use permit, variance, development plan approval, or other discretionary approval authorized by this title, a hearing shall be set by the Community Development Director, Planning Commission, or the City Council.

B.

Notice and Public Hearing. Notice shall be given in the same required for a public hearing to consider approval. If no notice is required for the permit, none shall be required for the revocation and/or modification hearing, provided that notice shall be mailed to the owner of the use or structure for which the permit was granted at least ten (10) days prior to the hearing. Contents of any notice shall be as prescribed by Section 10.96.040(C).

C.

Hearing. The person or body conducting the hearing shall hear testimony of City staff and the owner of the use or structure for which the permit was granted, if present. At a public hearing, the testimony of any other interested person shall also be heard. A public hearing may be continued without additional public notice.

D.

Required Findings. The person or body conducting the hearing shall revoke or modify the conditions of permit upon making one or more of the following findings:

1.

That the permit was issued on the basis of erroneous or misleading information or misrepresentation;

2.

That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated;

3.

That there has been a discontinuance of the exercise of the entitlement granted by the permit for twelve (12) consecutive months.

E.

Decision and Notice. Within ten (10) working days of the conclusion of the hearing, the person or body that conducted the hearing shall render a decision, and shall mail notice of the decision to the owner of the use or structure for which the permit was revoked, or conditions modified, and to any other person who has filed a written request for such notice.

F.

Effective Date—Appeals. A decision to revoke, or modify, the conditions of a discretionary permit shall become final ten (10) days after the date of the decision, unless appealed.

G.

Right Cumulative. The City's right to revoke, or modify, a discretionary permit, as provided in this section, shall be cumulative to any other remedy allowed by law.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2, Ord. 1951, eff. July 4, 1996)

Unless otherwise provided, any person, firm or corporation violating any provision of this title shall be guilty of a misdemeanor; provided, however, that any violation of this chapter may be charged as an infraction at the discretion of the City Prosecutor. Each day or portion thereof that such violation continues or reoccurs shall be a new and separate violation. For purposes of this title, both the owner of record of a specific property and any tenant in possession shall be liable for compliance with all of the provisions of this title. Nothing in this section shall preclude the City from bringing a civil action to enforce the provisions of this title.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2, Ord. 1951, eff. July 4, 1996; § 2, Ord. 2052, eff. February 19, 2004)

Any person who violates any provision of this title and is convicted of an infraction shall be punished by fines as prescribed in Government Code Section 36900. Any person who violates any provision of this title and who is convicted of a misdemeanor shall be punishable by fines as prescribed by Government Code

36900 or six (6) months in jail, or both. Payment of any fine or penalty shall not relieve a person, firm or corporation from the responsibility of correcting the condition consisting of the violation.

(Ord. No. 1838, Renumbered, 07/05/91)