Chapter 18.74 — AMENDMENTS AND RECLASSIFICATIONS

Amendments, including use reclassification, may be authorized by the council upon recommendation of the planning commission. The procedures and requirements set forth in this chapter and Chapter 18.76 shall govern all actions on amendments.

(Ord. 1967-80 § 1 (6937), 1967)

This title may be amended by changing the boundaries of districts, the classification of land, or any other provisions hereof whenever the public necessity, convenience or general welfare requires such amendment. Amendments may be initiated by:

A.

Resolution of intention of the council;

B.

Resolution of intention of the planning commission;

C.

Application of landowners or their duly authorized representatives for amendments to this title involving the classification of their land;

D.

Application of a plaintiff in an action in eminent domain for amendments to this title involving the classification of the land to be acquired by the plaintiff in an action in eminent domain;

E.

Application of any interested person for an amendment involving the classification of any use not listed in this title or to change the classification of any listed use where it is alleged that changes in processes, procedures, or methods of operation or serving the public warrant such change.

(Ord. 1967-80 § 1 (6937.1), 1967)

Application for an amendment shall be filed with the secretary of the planning commission by the applicant. The applicant shall submit all required data in accordance with Sections 18.34.080 and 18.74.040.

(Ord. 1967-80 § 1 (6937.2), 1967)

A. Reclassification of Land. An application for an amendment for any change of district boundaries or reclassification of any land shall be accompanied by maps, drawings and data necessary to demonstrate that the proposed amendment is in general conformance with the general plan and that the public necessity, convenience and general welfare require the adoption of the proposed amendment. An accurate legal description and a map of the land and any existing buildings shall be submitted with the application.

B.

Change of Classification of a Listed Use. An application for change of classification of a listed use shall be accompanied by information showing wherein there has been a change in process, equipment or procedures employed, or in other methods of operation or ways of serving the public, which warrants or requires the change in classification applied for, including information on such items listed in subsection C of this section as apply to the use under consideration.

C.

Additional Information. Such of the information outlined below as may apply to the particular use under consideration shall accompany applications for classification or reclassification of uses:

1.

Number of residents, employees, patrons, or visitors in relation to the size of the parcel;

Probable amount and type of traffic to be generated by the use;

3.

Probable production and emission of dust, smoke, odor, vibration, electrical disturbance, radiation, resulting from the use, or other potentially dangerous or objectionable elements;

4.

Type and volume of materials to be handled in relation to site area.

(Ord. 1967-80 § 1 (6937.3), 1967)

If after review of the application the town staff determines that an initial study and/or an environmental impact statement is/are required pursuant to the California Environmental Quality Act and the town's local guidelines, the applicant shall furnish such data as required by the town.

(Ord. 1988-229 § 2 (part), 1988)

18.74.050 - Applications not within scope of required procedure.

Section 18.34.090 shall govern.

(Ord. 1967-80 § 1 (6937.4), 1967)

When the application for an amendment is filed, a fee established pursuant to Sections 18.34.040 through 18.34.070 shall be paid.

(Ord. 1967-80 § 1 (6937.5), 1967)

18.74.070 - Investigation.

Section 18.34.100 shall govern for the secretary of the planning commission.

(Ord. 1967-80 § 1 (6937.6), 1967)

18.74.080 - Planning commission—Public hearing.

Sections 18.34.120 and Chapter 18.76 shall govern.

(Ord. 1967-80 § 1 (6937.7), 1967)

All actions of the planning commission related to the findings and recommendations shall be taken in accordance with the requirements of Section 18.76.080. If, from the facts presented at the hearing, the planning commission finds that the proposed amendment is in general conformance with the general plan

and that public necessity, convenience and general welfare require the proposed amendment or any part thereof, the planning commission shall recommend such change and otherwise it shall disapprove same. If disapproved, the action of the planning commission shall be final, except that the matter may be appealed to the council in accordance with Sections 18.78.010 through 18.78.110.

(Ord. 1967-80 § 1 (6937.8), 1967) 18.74.100 - Notice of decision. Section 18.76.090 shall govern. (Ord. 1967-80 § 1 (6937.9), 1967) 18.74.110 - Record of public hearing. Section 18.76.100 shall govern. (Ord. 1967-80 § 1 (6937.10), 1967)

18.74.120 - Transmittal of records to legislative body. Section 18.76.110 shall govern. (Ord. 1967-80 § 1 (6937.11), 1967) 18.74.130 - Council public hearing. Sections 18.34.130 and Chapter 18.76 shall govern. (Ord. 1967-80 § 1 (6937.12), 1967) 18.74.140 - Council decision. Section 18.76.120 shall govern. (Ord. 1967-80 § 1 (6937.13), 1967) 18.74.150 - Notice of decision. Section 18.76.130 shall govern. (Ord. 1967-80 § 1 (6937.14), 1967) 18.74.160 - Record of council public hearing. Section 18.76.140 shall govern. (Ord. 1967-80 § 1 (6937.15), 1967) 18.74.170 - Transmittal of records to planning commission. Section 18.76.150 shall govern.

(Ord. 1967-80 § 1 (6937.16), 1967)

The amendment shall become effective thirty days following the date on which the ordinance was adopted by the council.

(Ord. 1967-80 § 1 (6937.17), 1967)

Adequate map and regulation records shall be maintained currently within the appropriate offices to show all amendments.

(Ord. 1967-80 § 1 (6937.18), 1967)

Following the denial of an application for an amendment for reclassification of land or use, no application for the same or substantially the same change shall be filed within one year of the date of the denial of the application.

(Ord. 1967-80 § 1 (6937.19), 1967)

18.74.210 - Appeal of planning commission action.

Section 18.78.040 shall govern.

(Ord. 1967-80 § 1 (6937.20), 1967)

CHAPTER 18.76 - HEARINGS BEFORE PLANNING COMMISSION AND COUNCIL

The procedures and requirements set forth in Sections 18.76.020 through 18.76.150 shall govern public hearings before the planning commission and the council and actions on matters requiring public hearings.

(Ord. 1967-80 § 1 (6939), 1967)

The secretary of the planning commission or the town clerk shall set a reasonable time and place for the public hearing, which shall be held not less than twenty-one nor more than fifty-five days after the receipt of the application or necessary documents pertaining to or requiring a public hearing unless different time limits are specified under the chapter of this title dealing with the specific action.

(Ord. 1967-80 § 1 (6939.1), 1967)

Public notice of hearing shall set forth the description of the property, the nature of the proposed change of use or the nature of the matter under consideration and the time and place at which the public hearing on the matter will be held. The notice shall bear a heading appropriate for the particular case as set forth below:

A.

Public hearing on uses not listed, reclassification of use or zoning text amendment—The words "Notice of Proposed Amendment to Zoning Ordinance."

B.

Public hearing on reclassification of land or change in district boundary—The words "Notice of Proposed Change of Zoning District Boundaries."

C.

Public hearing on a conditional use permit—The words "Notice of Application for Conditional Use Permit."

D.

Public hearing on an appeal from the decision of:

1.

The planning commission on a conditional use permit—The words "Notice of Appeal of Denial of an Application for a Conditional Use Permit."

2.

The planning commission on an amendment—The words "Notice of Appeal of Proposed Amendment to the Zoning Ordinance."

(Ord. 1967-80 § 1 (6939.2), 1967)

18.76.040 - Notice of public hearing—Publication and distribution.

All notices for public hearings before the planning commission or the council shall comply with the following requirements:

A.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the following:

1.

The owner of the subject real property or the owner's duly authorized agent and the project applicant, all by certified or registered mail;

Each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

3.

All owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of hearing. In lieu of utilizing the assessment roll, records of the county assessor or tax collector which contain more recent information that the assessment roll may be used;

4.

If the number of owners to whom notice would be mailed or delivered pursuant to subdivisions 1, 2 and 3 of this subsection is greater than one thousand, in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the town at least ten days prior to the hearing.

B.

The notice shall also either be:

1.

Published pursuant to Section 6061 of the Government Code in at least one newspaper of general circulation within the town at least ten days prior to the hearing; or

2.

Posted at least ten days prior to the hearing in at least three public places within the boundaries of the town, including one public place in the area directly affected by the proceeding.

C.

The notice shall include the date, time and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a description in text or diagram of the real property, if any, that is the subject of the hearing.

(Ord. 1988-229 § 1 (Exh. A) (part), 1988: Ord. 1967-80 § 1 (6939.3), 1967)

The planning commission or council shall review the application or proposed action and the reports of investigations as well as other evidence pertinent to any action to be taken. The planning commission or council shall hear all persons wishing to be heard relative to the subject matter for the public hearing. The applicant or appellant may appear in his own behalf or be represented by counsel or other duly authorized representative.

(Ord. 1967-80 § 1 (6939.4), 1967)

A. Any person interested in an application, appeal or proposed action, may in advance of the hearing request the secretary of the planning commission or the clerk of the council, as the case may be, to provide for recording all testimony in a stenographic report. Such request shall be in writing, and the person making the request shall agree to pay all costs involved in the taking and preparation of the stenographic report. If two or more persons request a stenographic report of the testimony, they shall share the cost equally. Such costs shall be in addition to any other fees. Nothing in this section shall prevent any interested person from employing a stenographic reporter of his own, if he so chooses.

B.

The planning commission or the council on its own motion may provide for the recording of testimony in a stenographic report within the limits of funds available for such purposes.

(Ord. 1967-80 § 1 (6939.5), 1967)

18.76.070 - Public hearing—Continuation.

If, for any reason, testimony on any case set for public hearing cannot be completed on the day set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, the hearing will be continued, and that no further notice is required. The secretary of the planning commission or the town clerk shall within twenty-four hours post a notice of adjournment at or near the meeting place door giving the date and time to which the meeting was adjourned.

(Ord. 1967-80 § 1 (6939.6), 1967)

18.76.080 - Planning commission—Findings and recommendations.

A. The planning commission shall announce its recommendation within ten days after the conclusion of the public hearing. Action shall be by resolution which shall set forth the findings of the commission and any recommended conditions and any specific findings or recommendation specified under any section of this title dealing with the specific action. Action shall be by a majority vote of all voting members.

B.

If the planning commission disapproves an application, such decision shall be final except that it may be appealed in accordance with Sections 18.78.010 through 18.78.110.

(Ord. 1967-80 § 1 (6939.7), 1967)

18.76.090 - Planning commission—Notice of decision or recommendation.

Not later than ten days following the rendering of a decision or recommendation, a copy of the resolution shall be sent by registered mail to the applicant at the address shown on the application filed with the secretary of the planning commission and a copy of the resolution shall be filed with the council by the secretary of the planning commission. Other copies of the resolution shall be mailed or filed as specified under the chapter of this title dealing with the specific action.

(Ord. 1967-80 § 1 (6939.8), 1967)

The secretary of the planning commission shall make a record of the evidence presented at such public hearing unless a complete transcript is requested under Section 18.76.060. The record or transcript, together with the resolution announcing the findings of the public hearing, shall be maintained as a part of the permanent records of the town.

(Ord. 1967-80 § 1 (6939.9), 1967)

If the planning commission recommends approval of the application or the proposed action, the secretary of the planning commission shall transmit the complete record of the case to the council at the time of filing the resolution with the council. In the case of an appeal on a planning commission decision on any amendment or a conditional use permit application, the secretary of the planning commission shall transmit the complete record of the case to the council immediately after the appeal is filed.

(Ord. 1967-80 § 1 (6939.10), 1967)

A. The council shall announce its decision within ten days after the conclusion of the public hearing. The council shall approve, approve with stated conditions, or disapprove any application or any other action recommended to them by the planning commission requiring its action. The council may add to the conditions recommended by the commission. Action shall be by resolution, except in the case of approving an amendment to the zoning ordinance, which shall be by ordinance. The resolution shall set forth the findings of the council.

B.

If the council desires to modify or reverse a commission recommendation, the affirmative votes of a majority of all of the members of the council shall be required on each item so acted upon; provided, further, if the decision is to modify the recommendation of the planning commission, the council shall request a further report of the planning commission before it makes its decision final and the town clerk shall transmit all records to the planning commission in accordance with Section 18.76.150. Failure of the planning commission to act within forty days of receipt of the notice of the council's request shall automatically make the council's decision final. All decisions of the council shall be final.

(Ord. 1967-80 § 1 (6939.11), 1967)

Not later than ten days following the rendering of a decision, a copy of the resolution or the ordinance, as the case may be, shall be mailed by registered mail to the applicant at the address shown on the application filed with the secretary of the planning commission or to the appellant at the address shown on the appeal filed with the clerk, and a copy of the decision shall be forwarded to the planning commission by the town clerk. Other copies of the resolution or ordinance, as the case may be, should be mailed or filed as specified under the chapter of this title dealing with the specific action.

(Ord. 1967-80 § 1 (6939.12), 1967)

The clerk of the council shall make a record of the evidence at such public hearing unless a complete transcript is requested under Section 18.76.060. The record or transcript, together with the resolution or ordinance, as the case may be, announcing the findings of the public hearing shall be maintained as a part of the permanent records of the town.

(Ord. 1967-80 § 1 (6939.13), 1967)

The town clerk shall transmit the complete record of the case back to the planning commission for further study if the council recommends modification or reversal of the planning commission's recommendations or for permanent filing if the decision is final.

(Ord. 1967-80 § 1 (6939.14), 1967)

CHAPTER 18.78 - APPEALS TO AND REVIEW BY TOWN COUNCIL

The council shall hear the appeal of any person aggrieved, or any officer, department, board, or bureau of the county of the town affected by:

A.

The board of adjustment's approval or denial of a variance or decision on an appeal or a decision by an administrative official;

B.

The planning commission's approval or denial of an application for a conditional use permit;

C.

The planning commission's denial of an application for an amendment.

(Ord. 1979-166 § 27, 1979; Ord. 1967-80 § 1 (6951), 1967)

Within fifteen days from the date of the decision which is to be appealed, a written notice of appeal, specifying the grounds of appeal, must be filed with the agency from whom the appeal is made and with the clerk of the council.

(Ord. 2012-397 § 6, 2012; Ord. 1967-80 § 1 (6951.1), 1967)

The notice of appeal shall be made on forms furnished by the town clerk and shall be full and complete and shall state specifically wherein it is alleged that there is an error in the decision, determination, order, or requirement of the board of adjustment or the planning commission or the architectural and site control commission from whom the appeal is made.

(Ord. 1967-80 § 1 (6951.2), 1967)

18.78.040 - Notice of appeal—Transmittal of documents.

When the notice of appeal is filed, the secretary of the body from which appeal is taken shall immediately transmit, to the town clerk, all of the documents constituting the record upon which the action appealed from was taken.

(Ord. 1967-80 § 1 (6951.3), 1967)

18.78.050 - Public hearing.

Section 18.34.130 shall govern.

(Ord. 1967-80 § 1 (6951.5), 1967)

18.78.060 - Council findings—Conditions and decisions.

All actions of the council related to the findings and recommendations shall be taken in accordance with the requirements of Chapter 18.78. In addition to the procedures set forth in Section 18.76.120, the granting of an appeal on an application for an amendment shall be done by ordinance.

(Ord. 1967-80 § 1 (6951.6), 1967)

18.78.070 - Notice of decision.

Section 18.76.130 shall govern.

(Ord. 1967-80 § 1 (6951.7), 1967)

18.78.080 - Record of council public hearing.

Section 18.76.140 shall govern.

(Ord. 1967-80 § 1 (6951.8), 1967)

18.78.090 - Transmittal of records to agency.

The town clerk shall transmit the complete record of the case back to the body from whom the appeal was made for permanent filing.

(Ord. 1967-80 § 1 (6951.9), 1967)

18.78.100 - Effective date of decision.

The decision of the council, in affirming, changing, or modifying the ruling, decision, or determination of the subject matter, shall be final upon the thirtieth day. If the decision is to deny the appeal, the decision is effective immediately.

(Ord. 1967-80 § 1 (6951.10), 1967)

18.78.110 - Records procedures for appeal granted on an amendment.

Section 18.74.190 shall govern.

(Ord. 1967-80 § 1 (6951.11), 1967)

Within ten days of the date of any planning commission action under this title, or at the next meeting of the council, whichever is later, the council may review such action. Within fifteen days of the date of any architectural and site control commission, board of adjustment or administrative official's action under this title, the council may review such action. In its review, the council may affirm the action of the body or official based solely on the record transmitted to the council by the body or official. If, from a review of the record, the council believes that new evidence or testimony are required, or should they determine not to affirm the decision of the body or official, then the council shall set the matter for public hearing and give notice thereof in the manner required for appeals in Sections 18.78.010 through 18.78.110. Other actions and proceedings shall be the same as those for appeals under Sections 18.78.010 through 18.78.110.

(Ord. 1989-245 § 3 (Exh. C) (part), 1989: Ord. 1967-80 § 1 (6952), 1967)

CHAPTER 18.80 - ENFORCEMENT

18.80.010 - Enforcement by designated officials and town officers.

It shall be the duty of the town planner, building inspector, or any other official who may be designated for this purpose, with the aid and assistance of authorized personnel of the planning commission, to enforce the provisions of this title, and all officials and public employees of the town shall conform to the provisions of the same in issuing any permits or licenses for uses of buildings or premises. All officers of the town, charged by law with the general duty of enforcing town ordinances, shall enforce this title and the provisions of the same.

(Ord. 1967-80 § 1 (6990), 1967)

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 the same is declared to be unlawful and a public nuisance; and the town attorney of the town shall, upon order of the council immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin

any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building or structure or using property contrary to the provisions of this title. The remedies provided in this chapter shall be cumulative and not exclusive. Any action contrary to or failure to comply with the terms and conditions of any variance or permit granted under the authority of this title shall be considered a violation of this title and, in addition to specific remedies provided for such matters, shall be subject to the remedies and requirements of this title.

(Ord. 1967-80 § 1 (6990.1), 1967)

Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this title is committed or continued by such person, firm, or corporation and shall be punishable as provided in this chapter.

(Ord. 1967-80 § 1 (6990.2), 1967)

The penalties prescribed in this chapter shall not be deemed to limit the right of the town, through its legal department upon request of the enforcing officials, to institute any appropriate legal procedure to restrain, correct, or abate any actual or threatened violation of this title.

(Ord. 1967-80 § 1 (6990.3), 1967)