Porterville Municipal Code § 603.05 Appeals, Expiration and Extensions

This article describes the process and general requirements applicable to those uses for which a hillside development permit or an administrative hillside development permit is required by this chapter. These uses require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. The process for review of hillside development permit and administrative hillside development permit applications is designed to evaluate possible adverse impacts and to minimize them where possible through the imposition of specific conditions or requirements. Approval of a hillside development permit or an administrative hillside development permit requires careful review of the location, design, configuration, and special impacts of a proposed use to determine, against standards and criteria, the desirability of permitting its establishment on a particular site.

A. Hillside Development Permits: No person shall grade, erect, or construct into, over or on top of property within the HZ overlay district without first obtaining a hillside development permit, except as otherwise provided for in this article.

B. Administrative Hillside Development Permits: If no other development permits are required by this chapter or other provisions of the municipal code, then the property owner or duly authorized agent may submit an application for an administrative hillside development permit. (Ord. 1801, 12-3-2013)

This article is applicable to uses or developments on properties within the incorporated boundaries of the city of Porterville, as well as those properties within the city's official sphere of influence, as may be amended from time to time, that are designated hillside development zone on the general plan land use diagram, except the activities listed below:

A. Construction that does not require a grading permit or a building permit.

B. The construction and installation (trenching, utility construction, and backfilling) of underground utility systems.

C. The regrading of existing yard areas for landscaping installation provided such regraded yard area does not exceed two thousand five hundred (2,500) square feet in area.

D. Swimming pools, spas, ponds, and associated hardscape and landscape improvements that do not involve the construction of any retaining walls over three feet (3') in height, subject to the issuance of a grading permit and required building permits.

E. Additions to existing structures and/or construction of accessory structures located entirely on the existing pad area and are less than five hundred (500) square feet in area, unless a grading permit for establishment of same is required.

F. Any project that has received final approval for construction prior to the effective date hereof, provided that such permit or approval has not expired or is not otherwise revoked. (Ord. 1801, 12-3-2013)

A. Hillside Development Permit: The city council shall consider and render a decision on any application for a hillside development permit.

B. Administrative Hillside Development Permit: The zoning administrator shall consider and render a decision on any application for an administrative hillside development permit.

C. Referral Of Application To City Council: The zoning administrator or designee may, at his or her discretion, refer an application for an administrative hillside development permit to the city council for a decision rather than acting on it individually. In this case, the application shall be processed as a hillside development permit. (Ord. 1801, 12-3-2013)

A. Filing: Written applications for hillside development permits or administrative hillside development permits shall be filed with the community development department in accordance with the application procedures in article 601, "Common Procedures", of this series.

B. Review Procedures:

1. The zoning administrator shall review all applications within thirty (30) days to determine if they are complete as provided for in article 601, "Common Procedures", of this series. No application shall be deemed complete until the applicant has applied for any conditional use permit, variance, or other zoning or subdivision approval required pursuant to this chapter.

2. After determining that an application is complete, the zoning administrator shall review the application for compliance with the applicable HZ overlay district requirements.

3. After determining that an application is complete, if it is not exempt from environmental review, the zoning administrator shall conduct the hillside development review process concurrently with the required environmental review. When a project requiring review by the city council is subject to environmental review, the zoning administrator shall submit the proposed negative declaration or environmental impact report to the city council for review and action pursuant to CEQA requirements before the city council takes action on the hillside development application. The application for a hillside development permit should be processed concurrently with the appropriate environmental document.

4. Hillside development permit:

a. The zoning administrator shall prepare a report and recommendation.

b. If an application is exempt from environmental review and does not otherwise require a hearing by the city council, a public hearing shall be held before the city council within thirty (30) days of the date the application is deemed complete.

c. No separate notice or public hearing is required for a hillside development permit for a project that requires a conditional use permit, variance, tentative map or other discretionary approval subject to a public hearing by the city council.

5. Administrative hillside development permit:

a. The zoning administrator may conduct a public hearing for any application that may be approved by the zoning administrator. The zoning administrator shall act on a project with a complete application within thirty (30) days of the date the application is received. (Ord. 1801, 12-3-2013)

A. Appeals:

1. Administrative hillside development permits: The decision by the zoning administrator is subject to the appeal provisions of article 612, "Appeals", of this series.

2. Hillside development permits: The decision of the city council shall be final.

B. Expiration And Extension: Hillside development permit and administrative hillside development permit approvals are effective and may only be extended or modified as provided for in article 601, "Common Procedures", of this series. (Ord. 1801, 12-3-2013)