Article IV — SITE PLAN REVIEW

The procedures and standards of this article shall apply to all the following listing of proposed new or expanded multiple-family, commercial, industrial and public/quasi-public land uses, unless exempted pursuant to Section 17.45.410 of this chapter or identified as either a permitted land use or a land use subject to only an administrative permit within the applicable zoning district in effect.

A.

All new construction of multiple-family, commercial, industrial or public/quasi-public buildings or structures requiring a building permit;

B.

Projects involving the expansion of an existing legal land use by a minimum of seventy (70) percent of the building or structure;

C.

A change in the character of the occupancy or use of a building, as defined in the Uniform Building Code in effect for the town, and which creates a greater impact on traffic, sewage disposal or drainage in the general area, or imposes a greater potential fire danger than the occupancy or use immediately preceding the subject use;

D.

Any multiple-family, commercial, industrial or public/quasi-public use proposed on a vacant lot which does not require a building permit, and does not require a use permit or an administrative permit by the provisions of this title (e.g., a parking lot);

E.

Structures and devices, including water tanks and radio towers, exceeding thirty-five (35) feet or higher above grade;

F.

The establishment of all billboards;

G.

Modifications to site plan reviews previously approved by the town.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

This article shall not apply to the following uses:

A.

Expansions of land uses enumerated as either being permitted or subject only to an administrative permit within the applicable zoning district in effect on the site;

B.

Interior building remodels not resulting in changes in the character of the occupancy or use nor creating a greater impact on traffic, sewage disposal or drainage in the general area, nor imposing a greater potential fire danger than the occupancy or use immediately preceding the subject use, as determined by the planning director;

C.

Minor alterations on building exteriors, as determined by the planning director;

D.

Repair and maintenance of structures or parking areas, but not including nonconforming buildings, and structures or facilities destroyed in excess of fifty (50) percent of their value as shown on the latest tax assessment roll;

E.

Expansions of less than seventy (70) percent of buildings or structures and which do not result in a change in the character of the occupancy or use as defined by the latest adopted Uniform Building Code, or which do not create a greater impact on traffic, sewage disposal, or drainage in the general area, nor impose greater potential fire danger than the use immediately preceding the subject use, as determined by the planning director.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

All applications for site plan review shall be considered and acted upon by either the planning director, the planning commission or, upon appeal, by the town council in accordance to the following regulations:

A.

The planning director shall review and decide upon all applications for site plan review that are subject to the requirements of Section 17.45.400 of this chapter.

B.

At the discretion of the planning director, any site plan review application may be directed to the planning commission for consideration and decision-making action.

C.

For all site plan reviews, the planning director shall follow the notification procedures for variances as set forth in this chapter. (See Section 17.45.300(C)).

D.

The planning commission shall review all site plan review applications which:

1.

Are directed to them by the planning director;

2.

Are appealed to them after approval or denial by the planning director.

E.

The notification requirements and procedures of a variance application as set forth in this chapter shall be followed for any site plan review application formally considered and acted upon by the planning commission.

F.

Any site plan which is reviewed by the planning director or the planning commission may be approved, conditionally approved or denied.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

17.45.430 - Right to appeal.

A.

Any person adversely affected by the decision of the approving body may appeal the decision within seven (7) days of the decision.

B.

All appeals of a decision must be made within seven (7) days of the decision. The appeal shall be forwarded to the next higher reviewing body. Appeals to the town council must be made after review of the project by the planning commission. The town council shall have the authority to approve, conditionally approve, or deny a site plan based on findings of fact, except for denials based on sewage disposal requirements, which shall follow the requirements of appropriate ordinances.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The planning director, the planning commission, or the town council may impose any of the following standards or conditions on a project subject to site plan review as set forth in this article:

A.

Landscaping, including signing and lighting review;

B.

Parking requirements, including type of surface material;

C.

On-site and off-site drainage improvements or fees;

D.

Fencing requirements;

E.

Hours of operation;

F.

Location and position of uses on property;

G.

Noise level limitations;

H.

Access location and encroachment standards;

I.

Building design (exterior);

J.

Grading requirements;

K.

Health department requirements;

L.

On-site or off-site road improvements or fees;

M.

Other department or agency requirements;

N.

Other requirements as deemed necessary and proper to protect the health, safety and welfare of the residents of the town.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The approving body for any site plan review may approve the project only if it finds that the use, as conditioned, is consistent with the provisions of this title, the policies of the general plan, is compatible with the surrounding uses, and does not impair the health, safety and welfare of the residents of the town.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The site plan review permit shall be deemed legally in effect and force when the site plan review permit approval's appeal period has lapsed and the site plan review permit is signed by the planning director. This date shall be so noted in the official site plan review application file and shall also be noted upon the issued site plan review permit.

(Ord. 375 § 7, 2002)

A.

If any land use for which a site plan review approval and permit has been granted is not established within three (3) years of the site plan review permit's effective date, the site plan review permit shall become subject to revocation proceeding as set forth in Section 17.45.490 of this chapter.

B.

A site plan review permit shall be deemed revoked if the established land use for which the permit was granted has ceased or been suspended for twelve (12) consecutive months.

C.

Upon application, and for good cause shown by the permittee at a public hearing, the planning director or the planning commission may extend the time limit of an unexpired site plan review permit up to one additional year.

(Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992; Ord. 436, § 9, 6-14-2005)

The planning commission and/or the planning director is vested with the authority to officially revoke a town approved and issued site plan review permit. Whenever evidence exists and a determination is rendered, upon completion of a public hearing conducted by the planning commission and/or the planning director pertaining thereto, verifying that a specific land use is not being performed in a manner that complies with the provisions of this title or its town adopted and assigned conditions of approval, the planning commission and/or the planning director may officially revoke the affected site plan review permit.

(Ord. No. 496, § 7, 3-9-2010; Ord. 310 § 5(part), 1998; Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

Article V. - TEXT AMENDMENTS, REZONES AND PREZONES

The provisions of this title may be amended by changing the boundaries of the zoning districts or by changing any text provisions of this title whenever the public necessity, convenience or general welfare require such amendment. Amendments may be initiated by:

A.

The town council;

B.

The planning commission;

C.

The planning director;

D.

By a petition filed with the community development department signed by the property owner(s) representing the area to be rezoned or supporting the text amendment(s) proposed.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

The planning commission shall hold a public hearing on any such proposed amendment. Notice of the time, date and place of the hearing, including a general explanation of the subject to be considered and including, as appropriate, a general description of the area affected shall be given at least ten (10) calendar days before the hearing.

In addition, for town-initiated district amendments, notices shall be mailed to the owner(s) of the property which is the subject of the proposed amendment as shown on the latest equalized assessment roll.

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

Within thirty (30) days of the conclusion of the public hearing, or continuations thereof, the planning commission shall make and transmit to the town council a report of its findings and its recommendations with respect to the proposed amendment. The report shall include a list of persons who testified at the hearing, a summary of the facts presented at the hearing, the findings of the planning commission, and copies of any maps or other data and/or documentary evidence submitted in connection with the proposed amendment. The town council may take action upon the proposed amendment within ninety (90) days from the date of receipt of the planning commission's recommendation. (Government Code Section 65853 et seq.).

(Ord. 264 § 2(part), 1995; Ord. 214 § 2(part), 1992)

A.

Upon receipt of the recommendation of the planning commission to change land from one zone to another, the town council shall hold a public hearing; provided, however, that if the planning commission has recommended against the adoption of the amendment, the town council shall not be required to take further action unless an interested party requests such a hearing by filing a written appeal with the town clerk and paying any required appeal fee, within seven calendar days after the planning commission files its

recommendation with the town council by filing the recommendation with the town clerk. (Government Code Sections 65354.5 and 65856)

B.

Upon receipt of the recommendation of the planning commission to amend the zoning ordinance text to add or to delete a zone or regulations pertaining thereto, the town council shall hold a public hearing regardless of the recommendation of the planning commission.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

The town council may approve, modify or disapprove the recommendation of the planning commission with-in ninety days of receipt of the planning commission's recommendation; provided, that any modification of the pro-posed ordinance or amendment by the town council shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to conduct a public hearing thereon. Failure of the planning commission to report within forty days after the referral shall be deemed to be approval of the proposed modification. (Government Code Section 65857)

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

17.45.550 - Prezoning of unincorporated territory.

The town may prezone unincorporated territory adjoining the town for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the town. The method of accomplishing such prezoning shall be as provided by Section 17.45.500 et seq. as set forth in this article for zoning within the town. Action to prezone may be initiated by the planning director, planning commission or the town council. Such zoning shall become effective at the same time that the annexation becomes effective. (Government Code Section 65859)

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

Article VI. - EFFECT OF DENIAL OF APPLICATION

When an application for zoning amendment, a use permit, site plan review, or variance is denied, the application shall not be eligible for reconsideration for one year subsequent to such denial unless a new application affecting or including all or part of the same property is substantially different, in the opinion of the planning director, from the application that was denied.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

Notwithstanding the regulations as set forth in Section 17.45.560 of this title, the planning commission or the town council may deny any project "without prejudice" when the application requires only minor modifications to satisfy the planning commission or the town council. The applicant may reapply for the use

with the stated modification within one year of the denial action. At the time the project is denied without prejudice, the town council or planning commission shall determine whether or not a reapplication fee shall be charged. Any reapplication fee imposed shall be in conformance with the master fee schedule in effect at the time reapplication is made.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

Article VII. - APPEALS

All determinations of the planning director or the planning commission shall be final unless a written appeal and any required appeal fee are filed with the planning commission secretary or town clerk, as appropriate. The planning commission or the town council, as appropriate, shall conduct a public hearing on the appeal in accordance to the applicable procedures as set forth in this chapter.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

Notices of public hearings on applications for use permits, appeals and amendments to this title changing the boundaries of any district or text of this title shall be given by the body conducting such hearings at least ten days prior thereto, by publication in a newspaper of general circulation in the town. In addition, the town shall give additional notice by mail, using addresses from the latest equalized assessment roll, to all owners of property within a three-hundred-foot distance of any boundary of the subject property. The town shall also mail or deliver such notice at least ten days prior to the hearing to the owner(s) of the subject property, or his agent, and to the project applicant. Notice shall also be mailed or delivered at least ten days prior to the hearing to each local agency expected to pro-vide water, schools or other essential facilities and services which may be significantly affected. The town shall follow the notice procedures of California Government Code Section 65091. Failure of any person to receive mailed notice or failure to post notice shall not invalidate any proceedings conducted by the decision-making body.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

Except as otherwise provided in this title, all appeals of planning director or planning commission decisions shall be administered as per the following applicable provisions:

A.

All decisions of the planning director or the planning commission affecting but not limited to home occupation permits, large family day care permits, site plan reviews, variances, etc., may be appealed in writing to the planning commission or the town council, respectively.

B.

All appeals shall be initiated by filing a written notice of appeal along with an appeal fee with the secretary of the planning commission or the town clerk for the town council within seven days after the final decision

action of the planning director or the planning commission.

C.

The secretary of the planning commission shall set the time and date for a public hearing before the planning commission concerning an appeal of the planning director decision. The town clerk shall set the time and date for a public hearing before the town council concerning an appeal of a planning commission decision.

D.

Public hearings concerning appeals before the planning commission or the town council, respectively, shall be conducted within forty days after the receipt of a written appeal and related appeal fee.

E.

Upon receipt of the notice of appeal of a planning commission decision, the planning director shall prepare a report of the facts pertaining to the decision of the planning commission and shall submit such report to the town council.

F.

The town council may refer any matter subject to appeal back to the planning commission for further consideration if, in the opinion of the town council, any new and substantial evidence is presented to the town council that was not previously presented to the planning commission.

G.

At the close of the public hearing, the planning commission or the town council, respectively, may affirm, reverse, revise or modify the appealed decision of the planning director or planning commission.

H.

If the town council does not finalize its action on an appeal within ninety days after the filing thereof, the decision action of the planning commission shall be deemed affirmed.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

Except as otherwise provided in Section 17.45.800 of this chapter, all appeals of other planning commission decisions affecting but not limited to amendments to this title shall be administered as per the following provisions:

A.

All decisions of the planning commission concerning rezones, general plan amendments, or prezones may be appealed in writing to the town council.

B.

An appeal shall be initiated by filing a written notice of appeal along with an appeal fee with the town clerk for the town council within five (5) days after the final decision action of the planning commission. (Government Code Sections 65354.5 and 65856)

C.

The town clerk shall set the time and date for a public hearing before the town council concerning the appeal. The public hearing shall be conducted before the town council within forty days after receipt of a written appeal and related appeal fee.

D.

If the town council does not finalize its action on the appeal within ninety days after the filing of the appeal, the decision action of the planning commission shall be deemed affirmed.

(Ord. No. 476, § 3, 1-22-2008; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Article VIII. - ENFORCEMENT

All departments and employees of the town vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this title, and any such permit or license issued in conflict with the provisions of this title shall be null and void.

(Ord. 264, § 2(part), 1995: Ord. 214, § 2(part), 1992)

17.45.1100 - Investigations—Penalties—Abatement—Enforcement.

A.

Investigations, penalties, abatement and enforcement of the provisions of this title shall be conducted or applied as specified and regulated in this code. In addition, all violations of this title shall be investigated by the planning director or his designee within seven days of the written request for such investigations. The site shall be inspected and the planning director shall determine if the site was and is being used in concurrence with the zoning regulations governing the site.

B.

The planning director shall provide mailed notice to the owner and occupant of the site within seven days of the site investigation as to the results of the investigation. All requests for investigation and enforcement of zoning violations shall be on a form provided by the community development department and shall require the name, address and phone number of the complainant and the location of the alleged violation.

C.

All zoning violations shall be abated within thirty days of the mailing of the notice of violation to the owner and occupant of the subject property, unless the planning director determines that a different amount of

time will be applied to prevent harm. If the violation continues beyond the thirty-day period, or other established period, or if the violation is reestablished, then the procedures set forth in this code shall apply.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Any violation of the provisions of this title by any person shall be unlawful.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

17.45.1300 - Nuisance—Designated—Abatement.

A.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title shall be and is declared to be unlawful and a public nuisance.

B.

The town attorney shall, upon order of the town council or town manager, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such action and shall apply to such courts of competent jurisdiction to grant such relief as will abate and remove such building or structure or use, and restrain and enjoin any person from setting up, erecting, building, maintaining, or using of such building, structure, or use contrary to this title.

(Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)

Any person violating any of the provisions of this title shall be guilty of an infraction with fines pursuant to Government Code Section 36900. Any additional violation of this title within one year of the first violation shall be prosecuted by the town attorney as a misdemeanor with a fine not to exceed one thousand dollars ($1,000.00) and/or six (6) months in the county jail; and provided, however, the town attorney shall have the discretion to reduce the misdemeanor to an infraction. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.

(Ord. 332, § 15, 1999; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)