Shafter Zoning Code § 2.40 Amendments to Zone Districts

Purpose and Intent

This Section establishes the procedures for amending zone district regulations and boundaries as well as other provisions of this Title. The amendment process is necessary to provide and ensure consistency between this Title, the General Plan and State law, to increase the effectiveness of this Title, and to improve clarity in implementing General Plan goals, objectives, and policies.

Amendments to Zone Districts and Other Provisions.

An amendment to zone districts or other provisions of this Title may be initiated by any of the following actions:

a. A request made and approved by the Planning Commission;
b. A request made and approved by the City Council;

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c. A request made by the Planning Director to the Planning Commission subject to approval by the Planning Commission;
d. An application from a property owner, or his/her authorized agent, provided that such application involves the development or modification of property located within the area affected by such amendment; or
e. An application from any affected party, provided that such application involves only revisions to the text of this Title and does not require redistricting of properties for which the affected party is not the owner or the authorized representative of the owner.

Authority

Authority for approval of amendments to this Title, including amendments to the Official Zoning Map, shall be vested in the City Council. The Planning Commission shall forward recommendations to the City Council regarding such amendments.

a. Planning Commission Review
- (1) A public hearing before the Planning Commission shall be noticed and held within the time limits specified by State law, after an initiated application is deemed complete and after required environmental documentation has been completed. A longer period of time may be prescribed by the City Council in the case of a City initiated amendment.
- (2) The Planning Commission shall approve, approve with modifications, or disapprove the proposed amendment.
- (3) A Planning Commission action disapproving a proposed amendment, regardless of how such amendment was initiated, shall be final unless appealed pursuant to the appeal provisions of Section 2.180 of this Title.
b.

City Council Review and Action

A public hearing before the City Council shall be noticed and held within 60 days after a recommendation by the Planning Commission to approve a proposed amendment to this Title or to the official zoning map, or appeal of a decision by the Planning Commission to approve or deny a proposed amendment to this Title or to the official zoning map. The City Council may approve, approve with modifications, or disapprove any proposed amendment. Prior to City Council action, any modification not previously considered by the Planning Commission may first be referred to the Planning Commission for a recommendation. The proposed modification shall be deemed approved by the Planning Commission should the Planning

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Commission fail to review the proposed modification within the time limits established by the City Council.

Required Findings

All of the following findings shall be made prior to adoption any amendment to this Title, including amendments to the official zoning map.

a. The proposed change of zone or text revision is consistent with the goals, objectives, policies, and programs of the General Plan and is necessary and desirable to implement the provisions of the General Plan; and
b. The proposed change of zone or text revision will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern; and
c. The proposed change of zone or text revision is consistent with the purpose and intent of the remainder of this Title not under consideration; and
d. The potential environmental impacts of the proposed change of zone or text revision are insignificant, have been mitigated, or there are overriding considerations that outweigh the potential impacts.

Pre-Zoning
- a. For the purpose of establishing zoning regulations that would become effective upon annexation, property outside the corporate boundaries of the City, but within the sphere of influence, may be classified within one or more zone districts in the same manner and subject to the same procedural requirements as prescribed herein for properties within the City.
- b. Upon passage of an ordinance establishing the applicable pre-zoning designation for property outside the City, the official zoning map shall be revised to identify the zone district(s) applicable to such property with the label ”Pre-” in addition to such other map designations as may be applicable.

2.50 CONDITIONAL USE PERMITS

Purpose and Intent

A conditional use permit is intended to control the establishment of those uses that have some special impact or uniqueness, such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The conditional use permit application provides for the review of the location and design of the proposed use, configuration of improvements, potential impact on the surrounding area from the proposed use, and the evaluation of the use based on fixed and established standards. The review also determines whether the proposed use

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should be permitted by weighing the public need for and benefit to be derived from the use against any adverse impact it may cause.

2. Authority

Authority for approval of conditional use permits shall be vested in the Planning Commission.

Application

An application for a conditional use permit shall be filed with the Planning Department in a manner prescribed by the Planning Director.

4. Public Hearing

The Planning Commission shall consider each application for a conditional use permit at a noticed public hearing.

Findings

Following review and consideration of an application, the Planning Commission, or City Council on appeal, may approve a conditional use permit application in whole or in part, with or without conditions, provided the Planning Commission prepares a written decision which contains the findings of fact upon which the Planning Commission’s decision is based. In preparing this written decision, all of the following findings of fact must be made in an affirmative manner.

a. The proposed use is permitted within the subject zone district pursuant to the provisions of this Section, complies with all applicable provisions of this Title, is consistent with the goals, policies, and objectives of the General Plan, and is consistent with the applicable development policies and standards of the City; and
b. The proposed use would not impair the integrity and character of the zone district in which it is to be established or located; and
c. The site is suitable for the type and intensity of use or development proposed; and
d. There are adequate provisions for water, sanitation, public utilities and services to ensure public health and safety; and
e. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; and
f. The proposed use would not result in a significant effect on the environment unless overriding considerations outweigh the potential impacts.

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Conditions of Approval

In granting a conditional use permit, the Planning Commission, or the City Council on appeal, shall require that the use and development of the property conform with the site plan, architectural drawings, statements submitted in support of the application, and with such modifications thereof as may be deemed necessary to protect the public health, safety, and general welfare and to secure the objectives of the General Plan. The Planning Commission, or the City Council on appeal, may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to, the following matters:

a. Requirements for setbacks, yard areas, and open spaces.
b. Fences, walls, buffers, and screening.
c. Parking, parking areas, and vehicular ingress and egress in addition to the minimum requirements of Chapter 13 of this Title.
d. Landscaping and maintenance of landscaping and grounds.
e. Regulation of signs.
f. Control of noise, vibration, odors, and other potentially dangerous or objectionable elements.
g. Limits on hours of operation or duration of approval.
h. Time period within which the proposed use shall be developed.
i. Requirements for street improvements and dedications.
j. Building design and elevations.
k. Such other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this Title.
l. Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the administering agency.
m. Requirements for periodical review by the Planning Commission, and such other conditions as the Planning Commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Planning Commission to make the findings required by Section 2.50.6 of this Chapter.

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Acceptance of Conditions

A conditional use permit shall not become effective for any purpose unless an “Acceptance of Conditions” form has been signed by the applicant and returned to the Planning Department and no appeal, consistent with the provisions of Section 2.180 of this Chapter, has been filed with the Planning Department.

8. Revisions/Modifications

Requests to revise or modify an approved conditional use permit may be requested by the applicant or the Planning Commission.

a. Revisions/Modifications Requested by Applicant.

A revision or modification to an approved conditional use permit including, but not limited to change in conditions, expansions, intensification, location, hours of operation, or change of ownership, may be requested by an applicant. The applicant shall supply necessary information as determined by the Planning Director to indicate reasons for the requested change. The requested revision or modification shall be processed in the same manner as the original conditional use permit.

b. Review by Planning Commission.

The Planning Commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the Planning Commission deems that there is sufficient evidence to warrant a full examination, a public hearing date shall be set. At such public hearing, the Planning Commission may modify or revoke the conditional use permit pursuant to the provisions of this Title.