Porterville Municipal Code Art. 601 Common Procedures

This article establishes procedures that are common to the application and processing of all permits and approvals provided for in this chapter unless superseded by specific requirement of this chapter or state law. (Ord. 1801, 12-3-2013)

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, including 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.

B. Application Forms And Supporting Materials:

1. Application Forms: The zoning administrator shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this chapter, as required by the California permit streamlining act.

2. Supporting Materials: The zoning administrator may require the submission of supporting materials as part of the application, including, but not limited to, statements, photographs, plans, drawings, renderings, material samples and other items necessary to describe existing conditions and the proposed project. The zoning administrator may require sufficient information to determine the level of environmental review that shall be required pursuant to the California environmental quality act and the city's adopted environmental review guidelines. Unless otherwise specified, all renderings shall depict the proposed structure, landscaping, other improvements, and surrounding land uses as they would appear one month after project completion.

3. Availability Of Materials: All material submitted becomes the property of the city, may be distributed to the public, and shall be made available for public inspection. Upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the community development department. Unless barred by law, copies of such materials shall be made available at a reasonable cost to be established by city council resolution.

4. 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.

a. Failure or refusal by any or all of the applicant(s) to enter into the indemnification and cost recovery agreement in favor of the city of Porterville, in a form provided by the community development department, planning division, shall result in and be deemed an abandonment of the application and application approval, and all rights accrued to the applicant(s) to proceed under the city's actions in such regard shall be deemed 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/or enforcement of any code violations.

C. Payment And Waiver Of Application Fees:

1. Schedule Of Fees: The council shall establish fees for permits, informational materials, copying, and other such items by resolution. Applications for permits shall be accompanied by the required fees. Payment of the fee is required in order for an application to be complete under the permit streamlining act.

2. Fee Waiver: No fee shall be required when the applicant is the city, or if it is waived under any other provision of the municipal code. (Ord. 1801, 12-3-2013)

Project review is a process that is intended to provide information on relevant general or specific plan policies, zoning and subdivision regulations, and procedures related to projects pursuant to this chapter.

A. Projects Requiring Project Review: Review is required for the following projects:

1. All new commercial or industrial structures and additions of five hundred (500) square feet or more;

2. Multi-family developments of four (4) or more units or consisting of two (2) or more structures;

3. A change of occupancy as deemed necessary by the Chief Building Official, or where the new occupant is in a different use classification than the former occupant; and

4. Any project that requires a discretionary approval, including, but not limited to: conditional use permits, variances, planned developments, mixed use projects, zoning changes, general plan amendments, subdivisions, and annexations.

5. Preliminary review of a map application.

B. Payment Of Fee: No application will be accepted for project review without payment of a fee established by resolution of the city council and submission of materials that the zoning administrator has determined necessary to conduct such review.

C. Submittal Requirements: The applicant shall submit to the zoning administrator nine (9) copies, or as may be determined necessary at the time of submittal, of a preliminary map, site plan drawn to scale and dimensioned, and other materials to indicate the essential characteristics of the project. For tentative subdivisions, the preliminary map shall be in compliance with article 401, “Preliminary Map”, of this chapter.

D. Review: The zoning administrator will then, within twelve (12) days, schedule a meeting of the project review committee with the applicant on the proposed project. The project review committee will make such general recommendations to the applicant as shall seem proper regarding such proposed project and shall recommend consultations by the applicant with such other public or private agencies as it shall designate.

E. Summary Of Recommendations: The project review committee shall furnish written copies of its recommendations to the applicant.

F. Permit Streamlining Act: An application that is accepted for project review shall not be considered complete pursuant to the requirements of the California permit streamlining act unless it has been reviewed and determined to be complete in compliance with the requirements of section 601.02, “Application Forms And Fees”, of this article. If an application requires the submittal of an application(s) for discretionary permit approval, the application will not be deemed complete until such time as a completed application and fees are submitted for the discretionary review.

(Ord. 1801, 12-3-2013; amd. Ord. 1881, 4-6-2021)

The zoning administrator shall determine whether an application is complete within thirty (30) days of the date the application is filed with the required fee.

A. Incomplete Application: If an application is incomplete, the zoning administrator shall provide written notification to the applicant listing the applications for permit(s), forms, information and any additional fees that are necessary to complete the application.

B. Complete Application: When an application is determined to be complete, the zoning administrator shall make a record of that date. If an application requires a public hearing, the zoning administrator shall schedule it and notify the applicant of the date and time.

C. Concurrent Processing: Applications requiring multiple approvals, permits, adjustments, or entitlements under this chapter shall be heard and acted upon at the same time. Those items requiring public notification shall be notified together.

D. Extensions: The zoning administrator may, upon written request and to provide reasonable accommodation, grant extensions of any time limit for review of applications imposed by this chapter in compliance with applicable provisions of state law. (Ord. 1801, 12-3-2013)

Whenever the provisions of this series require public notice, notification shall be provided in compliance with the requirements of state law and as follows:

A. Mailed Notice: At least ten (10) days before the date of the public hearing, the zoning administrator shall provide notice by first class mail delivery to:

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

2. All property owners of record within a three hundred foot (300') radius of the subject property as shown on the latest available assessment roll; and

3. Any person or group who has filed a written request for notice regarding the specific application.

B. Newspaper Notice: At least ten (10) days before the date of the public hearing, the zoning administrator shall provide notice by at least one publication in a newspaper of general circulation published in the city.

C. Alternate Method For Large Mailings: If the number of owners to whom notice would be mailed or delivered is greater than one thousand (1,000), instead of mailed notice, the zoning administrator may provide notice by placing a display advertisement of at least one-eighth (1/8) page in at least one newspaper of general circulation at least ten (10) days prior to the hearing.

D. Contents Of Notice: The notice shall include the following information:

1. A general description of the proposed project or action and the location of the real property, if any, that is the subject of the application;

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

3. The identity of the hearing body;

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

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

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

7. A statement describing where to submit written comments.

E. Failure To Notify Individual Properties: The validity of the proceedings shall not be affected by the failure of any property owner, resident or interested party to receive such mailed notice.

F. Continuance Of Public Hearing: The body conducting the public hearing may by motion continue the public hearing, even in the absence of a quorum, to a fixed date, time and place, and no further notice shall be required as prescribed by law. (Ord. 1801, 12-3-2013)

A. Scope: An approval permits only those uses and activities actually proposed in the application, and excludes other uses and activities. The approved use and/or construction is subject to, and shall comply with, all applicable city ordinances and laws and regulations of other governmental agencies. Unless otherwise specified therein, any approval terminates all other uses at the location subject to the approval.

B. Conditions Of Approval: Unless otherwise specified or required by the zoning administrator or city council, the site plan, floor plans, building elevations and/or any additional information or representations indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process or by minute order shall be deemed conditions of approval. Any approval may be subject to requirements that the permittee guarantees, warranties or ensures that he will comply with permit's plans and conditions in all respects.

C. Actions Voiding Approval: If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this chapter or require additional permits, then the approval shall be deemed null and void.

D. Periodic Review: All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the conditional use permit are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions. (Ord. 1801, 12-3-2013)

A final decision on an application for any zoning administrator approval is subject to appeal and shall not become effective until after the expiration of the ten (10) day appeal period following the date of action. No building permit or business license shall be issued until the eleventh day following the date of the action. (Ord. 1801, 12-3-2013)

A. Expiration: The city council, in the granting of any permit, or the zoning administrator, in the granting of any application, permit modification, or adjustment, may specify the time within which the proposed use must be undertaken and actively and continuously pursued. The city council or zoning administrator may impose upon the permit a term of such period of time as is found to be consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare. If no time period is otherwise specified, any permit granted under this chapter may be declared lapsed and of no further force and effect if it is not exercised or extended within two (2) years of its issuance.

1. A permit for the use of a building or a property is exercised when, if required, a valid city business license has been issued, and the permitted use has commenced on the property.

2. A permit for the construction of a building or structure is exercised when a valid city building permit, if required, is issued, and construction has lawfully commenced.

B. Extensions: The city council may approve a one year extension of any permit or approval granted under this chapter upon receipt of a written application with the required fee before the permit expires. (Ord. 1801, 12-3-2013)

A. Modifications Of Approvals: The zoning administrator may approve minor modifications to approved plans that are consistent with the original findings and conditions approved by the city council and would not intensify any potentially detrimental effects of the project.

B. Changed Plan: A request for changes in conditions of approval of a discretionary permit or a change in an approved site plan or building plan that would affect a condition of approval shall be treated as a new application, except that such changes determined to be minor, in the opinion of the zoning administrator, may be approved by the zoning administrator. (Ord. 1801, 12-3-2013)

Any permit granted under this article may be revoked or modified if any of the conditions or terms of such permit are violated or if any law or ordinance is violated in connection therewith. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy.

A. Initiation Of Proceeding: The city council, by its own action, or following a recommendation from the zoning administrator, may initiate revocation or modification proceedings.

B. Public Notice: The zoning administrator shall give notice of the hearing before the city council pursuant to the requirements of section 601.05, "Public Notification", of this article.

C. Public Hearing: The public hearing regarding the revocation or modification of a conditional use permit or variance shall be conducted in the same manner as for conditional use permits pursuant to article 604, "Conditional Use Permits", of this series.

D. Decision Of The City Council: The city council may revoke the permit if it makes any of the following findings:

1. That approval was obtained by means of fraud or misrepresentation of a material fact;

2. That the use in question has ceased to exist or has been suspended for one year or more;

3. That 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 chapter, law or regulation; or

4. That the use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance. (Ord. 1801, 12-3-2013)

All final decisions of the zoning administrator may be appealed to the city council pursuant to article 612, "Appeals", of this series. (Ord. 1801, 12-3-2013)