Chapter 17.02
ADMINISTRATIVE PROVISIONS
Sections:
17.02.010 Effect on other laws or private restrictions.
17.02.040 Initiation of amendments.
17.02.050 Planning Commission.
17.02.060 Administration and enforcement.
17.02.070 Decisions subject to review.
17.02.080 Forms, filing and processing fees.
17.02.090 Notice of public hearing.
17.02.110 Regulations are minimum – Relationship to private restrictions.
17.02.010 Effect on other laws or private restrictions.
Where this title imposes a greater restriction than that imposed by other law or by private restrictions, this title shall control. (Ord. 702 § 3, 2014).
17.02.020 Prior rights.
The enactment of the ordinance codified in this title shall not terminate or otherwise affect variances, permits, or other adjustments authorized under the provisions of any ordinance repealed, nor shall any violation of such ordinances be excused. (Ord. 702 § 3, 2014).
17.02.030 Purpose of title.
This title is adopted to provide minimum regulations designed to promote and protect the public health, safety, peace, comfort, convenience, general welfare, and for the accomplishment of the following specified purposes:
A. To assist in providing a definite plan of development for the City, and to guide, control and regulate the future growth of the City in accordance with the City’s General Plan.
B. To protect the established character of the City and the social and economic stability of agriculture, residential, commercial, industrial, historical and other resource areas within the City which assures the orderly and beneficial development of such areas. (Ord. 702 § 3, 2014).
17.02.040 Initiation of amendments.
An amendment to the text of this title may be initiated by the City Council, a property owner or interested party. (Ord. 702 § 3, 2014).
17.02.050 Planning Commission.
All references to the “Commission” or the “Planning Commission” in this title are to the Planning Commission referenced in Chapter 2.21 CMC. (Ord. 702 § 3, 2014).
17.02.060 Administration and enforcement.
This title shall be administered and enforced by the Planning Commission and the City Council, assisted by the officers and employees of the City who are delegated to such duty by authority and direction of the Council. (Ord. 702 § 3, 2014).
17.02.070 Decisions subject to review.
A. Commission Decisions. Any Councilmember may call up an action or decision of the Commission within the allowed appeal period by written request to the City Clerk. The request must state the reason for calling up the Commission action or decision. The City Clerk shall schedule the item at the next possible Council meeting. The Council shall decide by majority vote of those present if it intends to set a public hearing to consider the call up request.
B. Administrative Decisions.
1. Appeals from the decision of any administrative official in taking any of the actions authorized by this title shall be made to the Planning Commission through the Planning and Building Director and shall be filed in accordance with the provisions of Chapter 1.20 CMC, Appeals.
2. The Commission shall consider the appeal at a public hearing at the next available Commission meeting unless the appellant consents to a continuance. The Commission may add, modify, or delete conditions, or deny the appeal, if the Commission determines that such changes or denial, as the case may be, are necessary to ensure the public health, safety, or general welfare. (Ord. 702 § 3, 2014).
17.02.080 Forms, filing and processing fees.
A. All applications filed as provided by this title shall be on forms provided by the Planning and Building Department and accompanied by a filing fee as established by resolution of the Council. Failure to complete payment of any fees or charges under this section will be considered sufficient grounds to discontinue the processing of the application.
B. Applications shall not be considered complete until all fees, maps and other documents required at the time of filing of such application have been submitted. (Ord. 702 § 3, 2014).
17.02.090 Notice of public hearing.
Where a public hearing is required by the terms of this title, notice of the hearing shall be given in the manner provided by the California Government Code. (Ord. 702 § 3, 2014).
17.02.100 Lots of record.
A. A lot, for the purposes of applying the provisions of this title, shall be a parcel or unit of land which has been created under the provisions of the Subdivision Map Act, or CMC Title 16, or any law regulating the division of land.
B. All lots of a subdivision recorded in the office of the County Recorder and all lot sizes approved by the Planning Commission pursuant to the approval of a record of survey, whether recorded or not, shall retain their approved form and dimension unless subsequent subdivision, lot merger, or lot line adjustment is approved by the City and recorded with the County Recorder.
C. Two or more contiguous parcels or units of land held by the same owner, where any one of such contiguous parcels does not conform to standards for minimum parcel size and at least one of such nonconforming contiguous parcels is not developed with a building for which a building permit has been issued, shall be merged pursuant to CMC Title 16.
D. Any lot of record existing prior to May 3, 1957, shall be considered a legal building site.
E. Where a lot or a property under separate ownership is an existing lot of record created prior to the applicability of the Subdivision Map Act or any local ordinances and without privilege of other legal documents, it may continue to be considered as an individual lot for the purposes of applying the provisions of the zone in which said lot is located; provided, that a certificate of compliance is recorded with the County Recorder. (Ord. 702 § 3, 2014).
17.02.110 Regulations are minimum – Relationship to private restrictions.
A. In interpreting and applying the provisions of this title, unless otherwise stated, the regulations shall be held to be the minimum requirements for the promotion and protection of the public safety, health and general welfare.
B. It is not intended that this title shall interfere with or abrogate or annul any easement, covenants, or other agreements now in effect; where the ordinance codified in this title imposes greater restrictions than are imposed or required by other ordinances, rules or regulations, or by easements, covenants or agreements, the provisions of this title shall apply. (Ord. 702 § 3, 2014).
17.02.120 RMS compliance.
All uses and land use permits provided for in this title shall comply with the provisions of the Resource Management System contained in Chapter 13.16 CMC. (Ord. 702 § 3, 2014).