Title 18 — ZONING

Source: library.municode.com (print export)

Title 18 - ZONING

Chapters:

(The Zoning Map is on file and available for review in the Office of the City Clerk.)

Division I. - General Provisions Chapter 18.01 - TITLE, COMPONENTS AND PURPOSES

18.01.010 - Title and authority.

Title 18 of the Redding Municipal Code shall be known and cited as the "Zoning Ordinance of the City of Redding," "Redding Zoning Ordinance," "Zoning Ordinance," "Zoning Code," or code. The Zoning Map of the city is explicitly made part of the ordinance codified in this title.

The authority for the regulations contained in this title is based on Section 7, Article XI of the California Constitution, the provisions of the California Planning and Zoning Law (Division 1 of Title 7 of the California Government Code), which provide for the regulation of the intensity of land use and the adoption of standards for the regulation of population density and the police power granted to municipalities by the laws of the state of California.

In addition, the provisions of this title relating to the regulation and control of subdivisions are herein adopted pursuant to the authority of the Subdivision Map Act (Division 2 of Title 7 of the California Government Code). The provisions of the Subdivision Map Act are incorporated by this reference as though fully set forth in this chapter.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.01.020 - Purpose.

The broad purposes of the zoning ordinance are to implement the general plan and promote and protect the public health, safety, peace, comfort and general welfare of the city of Redding. Generally, the zoning ordinance is intended to:

A.

Direct growth with a priority on those areas where infrastructure and urban services can be economically provided;

B.

Ensure consistency between general plan land use designations and policies and zoning districts;

C.

Maintain and enhance the appearance and function of both new and existing development;

D.

Provide compatibility between land uses;

E.

Ensure the provision of adequate open-space for light, air and fire safety;

F.

Ensure that service demands of new development will not exceed the capacities of existing streets, utilities or public services;

G.

Protect environmentally sensitive areas;

H.

Mitigate potential hazards and maintain the aesthetic benefit of hillside areas by limiting development on slopes exceeding twenty percent;

I.

Establish standards regulating the use and physical development of land.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.01.030 - Organization.

A.

Structure of Regulations.

The zoning regulations consist of six parts:

Division I: General Provisions;

Division II: Administration;

Division III: Base District Regulations;

Division IV: Regulations Applying in All Districts;

Division V: Overlay District Regulations;

Division VI: General Terms.

B.

Regulations. Four types of zoning regulations control the use and development of property:

1.

Administrative Regulations. Contain detailed procedures for the administration of this zoning ordinance and enforcement of zoning regulations. Administrative regulations are contained in Division II of this title.

2.

Land Use Regulations. Governs land uses permitted, those permitted with certain limitations, conditionally permitted, or prohibited in each zoning district and includes special requirements, if any, applicable to temporary and specific uses. Land use regulations for base zoning districts are in Division III of the zoning regulations. Land use regulations for overlay districts are in Division IV. Certain regulations applicable in all or several districts and performance standards that govern special uses are in Division V.

3.

Development Regulations. Control the height, bulk, location and appearance of structures and the physical layout of property. Development regulations for base zoning districts are in Division III of the zoning regulations; development regulations for overlay districts are in Division V. Certain development regulations applicable in more than one class of base or overlay districts are in Division IV. These include regulations for site development; parking and loading; signs; standards for specific uses; nonconforming uses, structures and signs; surface mining and reclamation; and tree preservation.

4.

General Terms. Division VI includes a summary list, with cross-references of definitions for general terms used in the zoning ordinance and rules for measurement (distances, heights, lot widths, depths and areas and setback averaging).

C.

Graphic Illustrations. The illustrations are included for the purposes of explanation and clarification. Where a graphic is in conflict with the text or provisions of this title, the text shall govern.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.01.040 - General rules for applicability of zoning regulations.

All development shall comply with the standards, criteria and procedures of this zoning ordinance.

A.

Applicability to Property. Zoning regulations shall apply to all land within the city of Redding, including land owned by the city of Redding and other local, state or federal agencies to the extent allowed by law. Application of regulations to specific lots shall be governed by the zoning map.

B.

Applicability to Streets and Rights-of-Way. Public streets, utility and other rights-of-way shall be in the same zoning district as contiguous property. Where contiguous properties are classified in different zoning districts, the centerline of the street or right-of-way shall be the district boundary unless otherwise depicted on the zoning map or the general plan diagram.

C.

Compliance with Regulations. No land shall be used and no structure shall be constructed, occupied, enlarged or altered in any zoning district except in accord with the provisions of this title.

D.

Public Nuisance. Neither the provisions of this chapter nor the approval of any permit authorized by this title shall authorize the maintenance of any public nuisance.

E.

Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this title shall be deemed sufficient notice to allow the city to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice.

F.

Requests for Notice. Where this chapter requires that notice be given by first class mail to "any person who has filed a written request for such notice," the request shall be filed with the director.

G.

Conflict with Other Regulations. Where conflict occurs between the provisions of this title and any other city code, chapter, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this chapter.

H.

Relation to Prior Ordinance. No provision of this title shall validate any use or structure established, constructed or maintained in violation of the prior zoning ordinance, except as may be specifically authorized by this title.

I.

Time of Approval. All approvals granted pursuant to the provisions of this title by the director, board of administrative review, planning commission or city council are effective at the time the permit or approval is granted and only after any time—which may be allowed by law for appeal of the permit, approval or other action—has been completed. Where good reason exists, the effective time of approval may be modified by the permit or approval.

J.

Extension of Time for Holidays and Weekends. If a deadline for compliance with the provisions of this title falls on a weekend or holiday, the time for performing such an act shall be extended to the next working day.

K.

Zoning of Land Proposed for Annexation. The director shall recommend prezoning consistent with the general plan designation for land within the city's sphere of influence. If prezoning is approved by the city council, the zoning shall become effective upon annexation.

L.

Application During Local Emergency. The city council may authorize a deviation from a provision of this title during a local emergency declared and ratified under the Redding Municipal Code. The city council may authorize a deviation by resolution without notice or public hearing.

M.

Reasonable Accommodation for Disabled Person. In accordance with the Federal Fair Housing Act (FHA) and the California Fair Employment and Housing Act (FEHA), the city shall consider exceptions to this code when required by federal or state law.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.01.050 - Applicability of land use and development regulations.

A.

Establishment of Base Zoning Districts. Base zoning districts into which the city is divided are established as follows:

Residential Zoning Districts "RL" Rural Lands "RE" Residential Lands

"RS" Residential Single Family "RM" Residential Multiple Housing Type Office and Commercial Zoning Districts "LO" Limited Office "GO" General Office "NC" Neighborhood Commercial "SC" Shopping Center "RC" Regional Commercial "GC" General Commercial

"HC" Heavy Commercial Industrial Zoning Districts "GI" General Industry "HI" Heavy Industrial Other Districts "PF" Public Facility "OS" Open Space

B.

Residential Zoning Designation System. Land use and development regulations applicable to specific sites shall be shown on the zoning map by zoning designations consisting of classes of letter designators:

1.

A land use designator, indicating the principal land uses permitted or conditionally permitted in each district, shall be a component of all zoning designations (e.g., "RS" residential single-family district).

2.

A residential density designator, indicating a base dwelling unit density (e.g., "RS-3" residential singlefamily district with a base allowable density of three dwelling units per acre). The base density may be increased to the maximum allowed in each district by the general plan in accordance with Schedule 18.010.050-A below. Section 18.31.040 of this code addresses increases above the base density.

Schedule 18.01.050-A:

Residential Density Indicator

3.

Overlay district designators shall be included in a zoning designation if the provisions of one or more overlay districts are applicable to a site (e.g., "FP" floodplain overlay district).

C.

Establishment of Subdistricts. A subdistrict is applied to certain properties to further the intent of the general plan. These areas are identified on the zoning map and are described as follows:

"VR" — A designation, in combination with the "general commercial" district designation (e.g., "GC-VR"); signifies that appropriate uses are those which are intended to serve visitors to the community and/or to provide basic retail services. Such uses are identified in the use regulations in Division III of this title and typically consist of hotels, motels, restaurants, retail, services, and similar uses, but exclude automobileoriented uses, such as vehicle sales and service.

D.

Establishment of Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows:

E.

References to Classes of Base Districts. References to "R" or "residential" districts refer to all residential estate, single-family and mixed housing-type districts. References to "O" or "office" districts refer to the limited and general office districts. References to "C" or "commercial" districts refer to all neighborhood commercial, shopping center, regional commercial, general commercial and heavy commercial districts. References to "I" or "industrial" districts refer to all industrial districts.

al estate, single-family and mixed housing-type districts. References to "O" or "office" districts refer to the limited and general office districts. References to "C" or "commercial" districts refer to all neighborhood commercial, shopping center, regional commercial, general commercial and heavy commercial districts. References to "I" or "industrial" districts refer to all industrial districts.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2671, § 2, 11-5-2024)

A.

An application for any permit, license or approval submitted pursuant to this title shall not be accepted as complete for processing unless it is consistent with the applicable general plan land use designation; however, the concurrent filing of a general plan amendment application with an amendment to a zoning district or the provisions of this title shall be allowed. In any case, where there is a conflict in regulation between this title and the general plan, the general plan shall prevail.

B.

Any permit, license, or approval issued pursuant to this title shall be consistent with the Redding general plan, all applicable specific plans, and other applicable laws, titles, ordinances, codes, policies and regulations.

C.

A proposed use is consistent with all elements of the Redding general plan when all the following conditions exist:

1.

The proposed use is compatible with the description of the community development and design element land use designation in which the use is located, as shown by the general plan diagram and as described in the text of the general plan;

2.

The proposed use is in conformance with the goals and policies of the general plan;

3.

The proposed use is established and maintained in a manner which is consistent with all elements of the general plan and all applicable provisions contained therein;

The proposed physical development conforms with the goals and policies of the general plan, including, but not limited to, such design considerations as:

a.

Providing stream corridor setbacks/buffering where applicable,

b.

Providing reasonable public access to public lands and views to open-space lands where possible,

c.

Providing reasonable pedestrian and bicycle links between developments, parks, commercial areas, transit routes and similar destination points,

d.

Ensuring that the design considers such items as natural site features; visibility of structures and mechanical equipment; usable open-space; and relationship to surrounding uses in terms of scale, massing, building patterns and privacy,

e.

Establishing appropriate development standards related to building setbacks, parking, landscape, openspace, and similar regulations to ensure that development is consistent with the intensity of development (expressed as Floor Area Ratio [FAR]) envisioned by the general plan.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.01.070 - Rules for construction of language.

In addition to the general provisions of the Redding zoning ordinance, the following rules of construction shall apply:

A.

The particular controls the general.

B.

Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

1.

"And" indicates that all connected words or provisions shall apply.

2.

"Or" indicates that the connected words or provisions may apply singly or in any combination.

3.

"Either ... or" indicates that the connected words or provisions shall apply singly but not in combination.

C.

References to departments, commissions, boards, or other offices are to those of the city of Redding unless otherwise indicated.

D.

References to a public official in the city to that person who performs the function referred to and includes a designated deputy of such official.

E.

All references to days are to calendar days unless otherwise indicated.

F.

Section and section headings contained in this chapter shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.

G.

The words "activities" and "facilities" include any part thereof.

H.

"Director" means the development services director or his or her designee.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.01.080 - Rules for interpretation.

A.

Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this chapter or its application to a specific site, the director shall determine the intent of the provision. The determination of the director may be appealed in accordance with the provisions of Section 18.11.090 (Appeals) of this title.

B.

Zoning Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply:

1.

District boundaries shown as approximately following the property line of a lot or an open-space line shown on a final map shall be construed to follow such lines. District boundaries shown as approximately following areas classified as "Greenway" on the general plan shall be construed to follow such lines.

2.

Where a district boundary divides a lot, the location of the district boundary shall be determined by the director, the board of administrative review, or the planning commission. Such determinations shall not constitute amendment of the zoning map.

3.

District boundaries shown as approximately following right-of-way lines of freeways, streets, railroads, or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.

4.

District boundaries shown as lying within right-of-way lines of freeways, streets, railroads, or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.

5.

District boundaries shown as lying at the edge of a stream or the Sacramento River shall be construed to follow the adopted one-hundred-year floodplain identified for the watercourse.

6.

If any uncertainty remains as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the director. Such determinations shall not constitute amendment of the zoning map.

C.

Record of Interpretation. The director shall keep a record of interpretations made pursuant to this section that shall be available to the public.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

All persons empowered by the Redding Municipal Code to grant permits, licenses, certificates or other approvals shall comply with the provisions of this chapter. Responsibility for enforcement, penalties and abatement is addressed more specifically in Division II of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Division II. - Administration Chapter 18.10 - ADMINISTRATION

Pursuant to Section 65100 of the California Government Code, the planning agency for the city of Redding shall consist of the city council, planning commission, board of administrative review (board), and development services director or his or her designee (the "director"), acting under authority of this chapter.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The city council shall have the authority to review and approve or deny general plan amendments, specific plans and amendments to specific plans, amendments to zoning districts and other provisions of this title, development agreements, appeals of planning commission determinations, and extensions of time (for projects originally considered by the city council).

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.10.030 - Planning commission.

A.

Planning Commission Created. A planning commission for the city is established and created pursuant to the provisions of Sections 65100 through 65106 of the Government Code as now or hereafter amended and the provisions of Chapter 2.52 of the Redding Municipal Code.

B.

Powers and Duties. The planning commission shall have the powers and duties provided for by Sections 65100 through 65106 of the Government Code as now or hereafter amended. In addition, the planning commission shall have the responsibility to:

1.

Investigate and make recommendations to the city council regarding reasonable and practical means for implementing the general plan or any element thereof, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space and natural resources.

2.

Provide annual reports to the city council on the status of the general plan and progress in its implementation.

3.

Clarify ambiguities regarding this chapter.

4.

Review and approve or deny site development permits, use permits, variances, tentative subdivision maps and vesting tentative maps (under Title 17, Subdivision Ordinance); grant extensions of time (for projects

originally approved by the planning commission); hear appeals of decisions and interpretations of the director and board of administrative review; and make other discretionary determinations as are assigned by this chapter.

5.

Make recommendations to the city council on general plan amendments; specific plans and amendments to specific plans; amendments to Title 18 pursuant to Chapter 18.18 (Amendments to the Text or Map); and prezoning pursuant to Chapter 18.19 (Prezoning) of this title.

6.

Evaluate the potential environmental impacts of a project pursuant to the California Environmental Quality Act and adopt an environmental determination.

7.

Predevelopment Review. The planning commission may hold meetings solely for the purpose of compiling staff comments and department conditions of approval and/or conveying information to project applicants.

C.

Committees. The planning commission may establish such standing and temporary committees as it may deem expedient in the performance of its duties. Such duties may include, but are not limited to reviewing and making recommendations on zoning code updates/amendments, significant general plan amendments and specific plans.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.10.040 - Board of administrative review.

A.

Board of Administrative Review Created. A board of administrative review (board) for the city of Redding is hereby created, consisting of a planning commissioner, the development services director or representative, and the director of transportation and engineering or representative, as well as such other members as the city council may by resolution include.

B.

Powers and Duties. The board shall have the general power to act in an advisory capacity to the planning commission in regard to permits, licenses, and approvals that are subject to the provisions of this chapter. In addition to the foregoing general power, the board shall have the following particular powers and duties:

1.

Review and approve or deny applications for:

a.

Site development permits and minor amendments to use permits;

b.

Appeals of zoning clearance determinations;

c.

Reversion to acreage (under Title 17);

d.

Certificate of compliance (under Title 17);

e.

Parcel maps (under Title 17);

f.

Comprehensive Sign Plan;

g.

Environmental determinations;

h.

Other permits or actions required by the Redding Municipal Code.

2.

Require such project revisions, alternatives, and conditions as may be necessary to achieve consistency with the Redding general plan, as well as compliance with the provisions of this chapter and other applicable laws, titles, ordinances, codes, policies and regulations.

3.

Study, consider, and recommend on matters related to the development review process established by the city pursuant to this chapter.

4.

Evaluate the potential environmental impacts of a project pursuant to the California Environmental Quality Act (CEQA) and adopt or recommend adoption of environmental documents.

C.

Chair. The chairman of the planning commission or his or her designated representative shall serve as chair of the board of administrative review.

D.

Predevelopment Review. The board may hold meetings solely for the purpose of compiling staff comments and department conditions of approval and/or conveying information to project applicants.

E.

Meetings and Rules of Procedure. The board shall hold regularly scheduled monthly meetings and designate the times, dates and places thereof. Special meetings may be called by the chairman or by a majority of the board; provided, that adequate legal notice is given. Applications before the board may be referred to the planning commission at the discretion of the planning commission representative.

(Ord. 2374 § 23, 2006; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.10.050 - Development services director.

This title shall be administered by the development services director (the "director"), whose responsibilities include the following functions to be carried out either directly or by subordinate employees under supervision or direction of the director.

A.

Powers and Duties.

1.

Application Process. All applications for permit, licenses and approvals pursuant to this chapter shall be submitted to the director for processing. The director or his or her designee shall be responsible for the:

a.

Determination of completeness of applications;

b.

Completion of appropriate documentation under CEQA for permits issued and actions taken pursuant to the zoning ordinance;

c.

Collection of applicable fees;

d.

Establishment of a permanent file;

e.

Posting/publication of public notices;

f.

Preparation of reports;

g.

Processing of appeals;

h.

Presentation of staff reports to the board, planning commission and city council.

2.

The director shall have the authority to review and approve or deny the following:

a.

Site development permit (director);

b.

Zoning clearance;

c.

Temporary use permits;

d.

Zoning exceptions;

e.

Administrative sign permits;

f.

Other permits or actions required by the Redding Municipal Code.

3.

The director also shall have the authority to make general plan consistency determinations as required by Section 65402(a) of the Government Code and to determine the appropriate use classification for uses not specifically listed in this chapter.

B.

Interpretation. The director shall decide any questions involving the interpretation or application of any provision of this code pursuant to the rules, standards and requirements of this title. The director's decision may be appealed to the planning commission pursuant to the provisions of Section 18.11.090 (Appeals) of this code.

C.

Coordination. The director shall refer and coordinate matters related to the administration of this chapter with other agencies, city departments and city boards and commissions and shall provide information on the status of development proposals to interested parties.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.10.060 - City to be held harmless (Reserved).

(Ord. 2343 § 2 (part), 2005)

Whenever an application is terminated for any reason, upon written request of the applicant, a refund of fees paid may be made by the finance director in accordance with Schedule 18.10.070-A. If any portion of the application fee has been paid out by the director to another jurisdiction, firm or agency for services to be rendered in connection with the application, no refund of that portion of the fee shall be made by the finance director to the applicant. Refunds are not available once a public hearing for an application has been noticed.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Schedule 18.10.070-A: Schedule for Refund of Fees

Note: The director may authorize a refund less than the percentage found in Schedule 18.10.070-A upon finding that funds were expended in processing the permit in excess of those presumed by that schedule.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Chapter 18.11 - COMMON PROCEDURES

It is the purpose of this chapter to establish procedures which are common to the application and processing of permits for zoning exceptions, site development permits, use permits, and variances, collectively hereinafter referred to in this chapter as discretionary zoning entitlements.

(Ord. 2381 § 2 (part), 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The director shall prescribe the form for each application required under this chapter. The director may require an applicant to submit such information and supporting data considered necessary to the processing of the application.

The city council shall by resolution fix the fee to be charged for the filing and processing of each application, the preparation of environmental impact documents, and the appeal from the decision of a subordinate agency. The city council also may require cash deposits, bonds, or other guarantees of performance as may be appropriate to ensure that the requirements of this chapter and any conditions of approval are met.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Prior to submittal of a development application, the applicant may request a preapplication meeting. The purpose of the preapplication meeting is to give the applicant the opportunity to discuss his or her development proposal with the development review staff of the city. The preapplication meeting provides information to an applicant related to the current development standards of the city. A request for a preapplication meeting, accompanied by any required fee, shall be filed with the development services department in a form prescribed and accompanied with project details and plans as determined appropriate by the director.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.11.040 - Review of applications.

Upon receipt of an application, the director or his or her designee shall note the date received and shall determine whether the application is complete and accurate. Applicants shall be notified in writing within thirty days of making application if: (1) additional information must be provided in order to complete the application and/or (2) there are any material inaccuracies with the application and related materials that need to be corrected. When complete, the director shall accept the application for processing and notify the applicant in writing that the application is complete.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Where the director makes a determination to approve, conditionally approve, or deny a site development permit as authorized by Section 18.13.040 (Authorities and duties of the director), or a zoning exception in accordance with Section 18.15.070 (Determinations/action by director), the director shall, within thirty working days of a complete application, make a written determination on the application or refer it to the board of administrative review for a public hearing. The determination shall specify the nature of the action, the facts and findings that have been satisfied, and any conditions of approval. A copy of the decision shall be sent to the applicant.

For site development permits or zoning exceptions located on property that abuts a residential district, the director shall, in addition to the above, notify all owners of property within three hundred feet of the site by first class mail that a development application has been received and is under consideration, except as modified by Section 18.15.030(N), pertaining to the storage of recreational vehicles. The notice shall be mailed at least ten days prior to making a determination on the application. The notice shall provide a brief description of the use or activities requested by the applicant, shall indicate the date the decision on the application will be made, and shall indicate where information regarding the application may be obtained.

(Ord. 2362 § 1, 2006: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.11.060 - Notice of public hearings.

The director shall give the notice of a public hearing as required by state law. The form of the notice shall contain:

A.

The time and place of the hearing.

B.

A general explanation of the matter to be considered, including a general description of the project location.

C.

Other information which is required by statute or specific provision of this code or which the director considers necessary or desirable.

Where a public hearing for a development permit required by this chapter (site development permit, use permit and variance), the following process shall be used to provide notice of the pending hearing:

Written notice shall be given to the applicant, the applicant's representative, those persons specifically requesting notice, and all owners of property within three hundred feet of the property subject to the application as shown on the latest equalized assessment rolls. Notice shall be provided at least ten calendar days in advance of the public hearing. The director, at his or her discretion, may extend the boundaries of the notice to include additional property owners. The notice shall also be published in a newspaper of general circulation at least ten days prior to the public hearing.

Notice of public hearings related to requests to amend this title and/or the zoning map shall be completed in accordance with the provisions of Chapter 18.18 (Amendments to the Text or Map) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The board of administrative review, planning commission, and city council shall comply with the minimum standards established by the Government Code section in the conduct of public hearings. This includes,

but is not limited to, providing notice as cited above, making available to the public copies of any reports to the approving or recommending body, preserving a public record of proceedings, and providing opportunity to be heard. The board of administrative review, planning commission, and city council may establish appropriate time limits for speakers as necessary to conduct and complete the business before them.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Permits or variances issued under this chapter shall be effective: (1) following expiration of the appeal period if no appeal is filed or (2) upon resolution of the appeal by the appropriate body as determined in Section 18.11.090 (Appeals) of this chapter.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.11.090 - Appeals.

The following shall govern appeals of approval, disapproval, or conditions of approval placed thereon for temporary use permits, site development permits, use permits, and variances and related environmental determinations. Appeals associated with zoning exceptions are addressed in Section 18.15.090 (Appeal Procedure) of this chapter.

A.

Appeals will be resolved by the following bodies:

B.

Persons unsatisfied with the appeal determination of the planning commission may appeal to the city council. Decisions of the city council are final.

C.

Appeals shall be initiated by submitting a written appeal within ten days of the action of the approving/appeal body as the case may be. Payment of a fee, as established by resolution of the city council, shall accompany the appeal. The appeal shall state the reasons for the appeal and why the appellant believes the determination of the approving body should be overturned or modified. Appeals to be heard by the board of administrative review or planning commission shall be submitted to the director. Appeals to be heard by the city council shall be submitted to the city clerk.

D.

Grounds for an appeal shall be limited to those issues established in the public record that were brought to the attention of the approving body during its consideration or in written correspondence prior to the approval or denial of the project.

1.

Issues which are the basis of an appeal must be fully disclosed in a timely fashion and in advance of the appeal hearing, so that it can be determined whether such issues were considered by the body originally acting on the project or issue under appeal.

2.

The development services director will report to the decision-making body at the time the appeal is first considered whether the items or issues being appealed were fully considered by the body which originally acted on the project or issue under appeal.

3.

At its sole discretion, the body hearing the appeal may refuse to consider issues which were not considered by the body originally acting on the project or issue under appeal or, alternatively, may remand the matter back to the body which acted on the project or issue under appeal in order to give that body an opportunity to consider the issue.

E.

Within thirty days of receipt of an appeal, the date of the public hearing to consider the appeal shall be set. The body shall render its decision following the public hearing at which the testimony of the appellant and written or oral report is considered and a determination shall be made.

F.

Notice of the appeal hearing shall be given to the appellant, persons requesting notification, and owners of properties abutting the subject property. If the permit was the subject of a public hearing, notice of the appeal shall also be made in accordance with Section 18.11.060 (Notice of Public Hearings) of this chapter.

(Ord. 2347, 2005; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002) (Ord. No. 2590, § 1, 8-21-2018)

18.11.100 - Lapse of approval—Expiration—Extensions.

A.

Lapse of Approval/Expiration by Failure to Utilize. Unless the conditions of approval establish a longer time limit to utilize, or the time limit for utilization has been administratively extended pursuant to subsection D of this section, all discretionary zoning entitlements shall contain a standard condition providing that the discretionary zoning entitlement shall expire and lapse three years from its date of approval and become null and void without further action by the city unless any one of the following events has occurred to utilize the permit or entitlement:

1.

If the discretionary zoning entitlement is necessary to allow for construction of improvements, a building permit has been issued and substantial construction has occurred consistent with and in reliance upon the granting of the discretionary entitlement containing the time limit for utilization, as determined by the development services director.

2.

If the discretionary zoning entitlement approves a use of property only, which is not otherwise allowed as a matter of right under the zoning ordinance, the use of the property as permitted by the discretionary zoning entitlement has been implemented.

B.

Lapse of Approval/Expiration by Non-Use. Any zoning use entitlement shall expire and become null and void when the use allowed by the entitlement is discontinued for a continuous period of one year with no further action by the city.

C.

Expiration by New Entitlement. Any discretionary zoning entitlement shall expire and be deemed void when the entitlement is superseded or replaced with a new entitlement.

D.

Extension of Expiration Date. The development services director may extend the time frame for a discretionary zoning entitlement to expire pursuant to this section for one time for one additional year, with the same conditions of approval, provided that good cause is presented to delay the expiration by the existence of extraordinary circumstances outside the control of the permittee; the approved zoning entitlement is otherwise found to be consistent with the zoning ordinance and general plan policies currently in effect; and the zoning entitlement would not otherwise be detrimental to the health, safety, and general welfare of the city. A complete application must be submitted prior to the expiration of the zoning entitlement. The development services director may refer the extension request to the board of administrative review for a public hearing.

(Ord. 2381 § 2 (part), 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Initiation of Proceedings. The planning commission on its own motion may, and if directed by the city council shall, hold a public hearing for revoking any variance or permit which has been granted pursuant to the provisions of this chapter or any ordinance superseded by this chapter. Public hearings shall be held and notice given in accordance with this chapter.

B.

Decision of the Planning Commission. After a public hearing, the planning commission may revoke a variance or permit on one or more of the following grounds:

1.

Such approval was obtained by fraud or misrepresentation.

2.

Any person making use of or relying upon the variance or permit is violating or has violated any conditions thereof; or the use for which the variance permit was granted is being or has been exercised contrary to the terms or conditions of such approval; or the use for which the approval was granted is so exercised as to be detrimental to the public health, safety, or general welfare so as to be a nuisance.

In lieu of revocation, the planning commission may amend conditions of approval and/or compose additional conditions as appropriate.

(Ord. 2381 § 2 (part), 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

If an application for a site development permit, zoning exception, use permit, or variance is disapproved, no new application for the same, or substantially the same, development plan shall be filed within one year of the date of denial of the initial application unless the denial of the initial application is made without prejudice and is so stated in the record of the proceedings.

(Ord. 2381 § 3, 2007; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)