Chapter 2

Division 2. Procedures by Type

Legislative

9172.11 Text Change.

Any ordinance or amendment to change or amend the provisions of this Chapter, except a change in the Zoning Map, shall be adopted in accordance with the following procedures: (California Government Code Sections 65850 through 65863.5.)

A. Initiation. Consideration shall be initiated by order of either the Council or Commission, or upon the written request of any person.

B. Time Limit for Hearing. When the Council has requested the Commission to study and report upon an amendment to this Chapter and the Commission fails to act upon such request within a reasonable time, the Council may, by written notice, require the Commission to render its report within forty (40) days. Upon receipt of the written notice, the Commission, if it has not done so, shall conduct the public hearing as required by subsection C of this Section. Failure to so report to the Council within the above time period shall be deemed to be approval of the proposed zoning ordinance or amendment. (California Government Code Section 65853.)

When consideration has been initiated by the written request of any person, the matter shall be considered at a Commission hearing held within thirteen (13) months from the receipt of the request. A separate hearing or determination shall not be required for each individual request.

C. Commission Hearing and Notice. The Commission shall hold a public hearing on any such ordinance or amendment, giving notice by posting, and, in addition, giving notice to any person who has filed a written request therefor, all as provided in CMC 9173.22, and in such other manner as prescribed by the laws of the State of California and as the Commission may deem necessary or desirable. The City Clerk may give such additional notice, and in such manner, as may be deemed necessary or desirable by the City Clerk or the Council. (California Government Code Section 65854.)

D. Findings, Recommendation and Transmittal to Council. After the public hearing, the Commission shall, by resolution, render its decision in the form of a written recommendation to the Council. Such recommendation shall include the reasons for the recommendation, shall specify the relationship of the proposed ordinance or amendment to applicable general and specific plans, and shall be transmitted to the Council. (California Government Code Section 65855.)

E. Council Hearing and Notice. Upon receipt of the recommendation of the Commission, the Council shall hold a public hearing. Notice of the time and place of said hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission as specified in subsection C of this Section and in CMC 9173.22. (California Government Code Section 65856.)

F. Council Action. After the public hearing, the Council may approve, modify or disapprove the recommendation of the Commission; provided, that any modification of the proposed ordinance or amendment by the Council not previously considered by the Commission during its hearing, shall first be referred to the Commission for report and recommendation, but the Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report within forty (40) days after the reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed modification. (California Government Code Section 65857.)

9172.12 Urgency Measures.

An urgency measure adopted as an interim ordinance shall be adopted in accordance with the following procedures (California Government Code Section 65858):

A. Interim Ordinance. Without following the procedures otherwise required prior to adoption of a zoning ordinance, the Council, to protect the public safety, health and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which the Council, Planning Commission or Community Development Department is considering or studying or intends to study within a reasonable time. Such urgency measure shall require a four-fifths (4/5) vote of the Council for adoption. Such interim ordinance shall be of no further force and effect forty-five (45) days from the date of adoption thereof providing, however, that after notice pursuant to Government Code Section 65090 and public hearing, the Council may extend such interim ordinance for ten (10) months and fifteen (15) days and subsequently after like notice and public hearing may extend the ordinance one (1) year. Any such extension shall also require a four-fifths (4/5) vote for adoption. Not more than two (2) extensions may be adopted. Any ordinance adopted pursuant to this Section must contain the findings required by Government Code Section 65858(c).

B. Adoption After Noticed Hearing. Alternately, an interim ordinance may be adopted by a four-fifths (4/5) vote following notice pursuant to Government Code Section 65090 and public hearing, in which case it shall be of no further force and effect forty-five (45) days from the date of adoption thereof; provided, that after notice pursuant to Government Code Section 65090 and public hearing, the Council may by a four-fifths (4/5) vote extend such interim ordinance for twenty-two (22) months and fifteen (15) days.

C. Subsequent Ordinance. When any such interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this Section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first such ordinance or any extension thereof as herein provided.

D. Report. Ten (10) days prior to the expiration of an interim ordinance or any extension, the Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. (Ord. 89-896, § 1)

9172.13 Zone Change.

Any ordinance which changes any property from one (1) zone to another shall be adopted in accordance with the following procedure: (California Government Code Sections 65850 through 65863.5.)

A. Initiation. Consideration shall be initiated by order of either the Council or Commission or by the filing of an application by the owner of the subject property or his authorized representative in accordance with CMC 9173.1.

B. Time Limit for Hearing. When the Council has requested the Commission to study and report upon a change of zone and the Commission fails to act upon such requests within a reasonable time, the Council may, by written notice, require the Commission to render its report within forty (40) days. Upon receipt of the written notice, the Commission, if it has not done so, shall conduct the public hearing as required by subsection C of this Section. Failure to so report to the Council within the above time period shall be deemed to be approval of the proposed zoning ordinance or amendment. (California Government Code Section 65853). When consideration has been initiated by means of an application, the Commission shall hold a public hearing within six (6) months from the date of acceptance of the application.

C. Commission Hearing and Notice. The Commission shall hold a public hearing on any such ordinance or amendment, giving notice pursuant to CMC 9173.22 (Notification of Hearing) by posting, by notice to property owners within seven hundred fifty (750) feet and, in addition, by giving notice to any person who has filed a written request therefor, and in such other manner as prescribed by the laws of the State of California and as the Commission may deem necessary or desirable. The City Clerk may give such additional notice, and in such manner, as may be deemed necessary or desirable by the City Clerk or the Council. (California Government Code Section 65854.)

D. Findings, Recommendation and Transmittal to Council. After the hearing, the Commission shall, by resolution, render its decision in the form of a written recommendation to the Council. Such recommendation shall include the reasons for the recommendation, shall specify the relationship of the proposed ordinance to applicable general and specific plans, and shall be transmitted to the Council. (California Government Code Section 65855.)

E. Council Consideration. If the Commission has recommended against a change of zone, the Council may but shall not be required to take any further action thereon unless an interested party shall request a hearing by filing a written request with the City Clerk within fifteen (15) days after the Commission action or within five (5) days of the transmittal of the Commission recommendation to the Council, whichever is greater. (California Government Code Section 65856.)

F. Council Hearing and Notice. Except in a case where no action is taken as provided in subsection E of this Section, upon receipt of the recommendation of the Planning Commission, the Council shall hold a public hearing. Notice of said hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission as specified in subsection C of this Section and in CMC 9173.22. (California Government Code Section 65856.)

G. Council Action. After the public hearing, the Council may approve, modify or disapprove the recommendation of the Commission; provided, that any modification of the proposed ordinance or amendment by the Council, not previously considered by the Commission during its hearing, shall first be referred to the Commission for report and recommendation, but the Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report within forty (40) days after the reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed modification. (California Government Code Section 65857.) (Ord. 19-1904, § 3)

9172.14 Prezoning.

A. The City may prezone unincorporated territory adjoining the City for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the City. The method of accomplishing such prezoning shall be as provided in CMC 9172.13, except that notice of public hearing need only be given by publication at least once in a newspaper of general circulation, published and circulated in the area to be prezoned, or if there is none, by posting in three (3) public places in the area to be prezoned. Such zoning shall become effective at the same time that the annexation becomes effective. (California Government Code Section 65854 and 65859.)

B. If the City has not prezoned territory which is annexed, it may adopt an interim ordinance in accordance with the provisions of CMC 9172.12. (California Government Code Section 65859.)

9172.15 Adoption or Amendment of Standards.

Where the provisions of this Chapter allow or require the use of standards to supplement the provisions contained in this Chapter, such standards shall be adopted or amended in accordance with the following procedure:

A. Initiation. Preparation or amendment of such standards may be initiated by the Director or by order of the Commission or Council.

B. Preparation. The Director shall prepare or cause to be prepared such proposed standards.

C. Commission Hearing and Notice. A public hearing shall be held and notice thereof made in the same manner as provided in CMC 9172.11(C).

D. Recommendation and Transmittal to Council. After the hearing, the Commission shall, by resolution, make its written recommendation to the Council.

E. Council Hearing and Notice. Upon receipt of the recommendation of the Commission, the Council shall hold a public hearing and notice thereof made in the same manner as provided in CMC 9172.11(C).

F. Council Action. After the public hearing, the Council shall, by resolution, approve, modify or disapprove the recommendation of the Commission, or refer the matter to the Commission for further study.

Administrative/Quasi-Judicial

9172.21 Conditional Use Permit.

A Conditional Use Permit shall be considered in accordance with the following procedure: (California Government Code Sections 65900 through 65909.)

A. Initiation. Consideration shall be initiated upon the filing of an application by the owner of the subject property or his authorized representative in accordance with CMC 9173.1.

B. Hearing and Time Limit. The Commission shall hold a public hearing within six (6) months of the date of acceptance of the application.

C. Commission Hearing Notice. Notice of hearing shall be given pursuant to CMC 9173.22 (Notification of Hearing) by posting and by notice through the United States mails to the applicant, to the owners of property within seven hundred fifty (750) feet, and to any person who has filed a written request therefor, and in such other manner as prescribed by the laws of the State of California and as the Commission may deem necessary or desirable. The City Clerk may give such additional notice, and in such manner, as may be deemed necessary or desirable by the City Clerk or the Council.

D. Commission Findings and Decision.

1. After the hearing, the Commission shall, by resolution, render its decision. The Commission shall approve a Conditional Use Permit if it is able to make affirmative findings based on the following criteria:

a. The proposed use and development will be consistent with the General Plan.

b. The site is adequate in size, shape, topography, location, utilities, and other factors to accommodate the proposed use and development.

c. There will be adequate street access and traffic capacity.

d. There will be adequate water supply for fire protection.

e. The proposed use and development will be compatible with the intended character of the area.

f. Such other criteria as are specified for the particular use in other Sections of this Chapter.

If the Commission finds that any adverse effects will occur as a result of the proposed use and development, such effects must be found to be justified by the benefits to the public interest which will occur as a result of such use and development.

If the Commission does not make affirmative findings with respect to the above criteria and is unable to impose conditions to mitigate any adverse finding, the Commission shall disapprove a Conditional Use Permit.

In making its decision, the Commission shall adopt written findings with respect to the above criteria.

2. Notice of the Commission decision shall be given as provided in CMC 9173.32.

E. Conditions. In granting a Conditional Use Permit, conditions related to the proposed use and development may be imposed as deemed necessary to carry out the intent of this Chapter and to protect the public health, safety and general welfare.

F. Effective Date and Appeal.

1. The decision of the Commission shall become effective and final fifteen (15) days after the date of its action unless an appeal is filed in accordance with CMC 9173.4.

2. An appeal shall be considered by the Council as provided in CMC 9173.4.

G. Subsequent Modification of Conditions.

1. After a Conditional Use Permit has been granted, modification of the conditions of the permit, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative in accordance with CMC 9173.1.

2. A public hearing on a proposed modification of conditions need not be held unless requested by the applicant, Director, Commission or Council. If the Director, Commission or Council concludes that the proposed modification of conditions extends beyond the intent of the original approval of the Conditional Use Permit and the conditions previously adopted, a public hearing shall be held.

3. The decision and any appeal in connection with a modification of conditions shall be in the same manner as for a Conditional Use Permit.

H. Expiration of Permit.

1. Expiration. A Conditional Use Permit shall become automatically null and void, unless otherwise provided in this Chapter or unless extended as provided in subsection (H)(2) of this Section, if any of the following occurs:

a. Unused Permit. The permit has not been used within the time specified in the permit or, if no time is specified, within one hundred eighty (180) days of its effective date.

b. Time Limit as a Condition of Permit. Circumstances which terminate the permit pursuant to any termination provision included as a condition of the permit.

c. Discontinued Use. The use has been suspended or has ceased to exist for a period of one (1) year.

d. Automatically Permitted Use. Upon a change of zoning classification or of ordinance provisions so as to automatically permit the use. Each nonconformity, if any, existing at the time of expiration of a Conditional Use Permit pursuant to this Subparagraph shall be brought into conformance pursuant to Division 2 of Part 8 of this Chapter.

e. Ineligible Use. Upon a change of zone or of ordinance provisions so as to no longer provide that the use is eligible for a Conditional Use Permit. Termination of the use and each nonconformity thereof shall be in accordance with Division 2 of Part 8 of this Chapter.

If none of the above circumstances transpires, the Conditional Use Permit shall remain in effect indefinitely.

2. Extension. Upon application by the permit holder filed with the Director on or before the date of expiration of the permit, a permit which would otherwise expire may be extended by the Commission, or by the Council upon appeal, if the Commission or Council finds that the termination of the permit would constitute an undue hardship upon the permit holder and that the continuation of the permit would not be materially detrimental to the health, safety and general welfare of the public. Extensions shall not be granted for more than a total of one (1) year unless a public hearing is held and approval granted in the same manner and based upon the same criteria as for the issuance of a new permit. (Ord. 19-1904, § 4)

9172.22 Variance.

A Variance shall be considered in accordance with the following procedure: (California Government Code Sections 65900 through 65909.)

A. Initiation. Consideration shall be initiated upon the filing of an application by the owner of the subject property or his authorized representative, in accordance with CMC 9173.1.

B. Hearing and Time Limit. The Commission shall hold a public hearing within six (6) months of the date of acceptance of the application.

C. Commission Hearing Notice. Notice of hearing shall be given pursuant to CMC 9173.22 (Notification of Hearing) by posting and by notice through the United States mails to the applicant, to the owners of the property within seven hundred fifty (750) feet, and to any person who has filed a written request therefor, and in such other manner as prescribed by the laws of the State of California and as the Commission may deem necessary or desirable. The City Clerk may give such additional notice, and in such manner, as may be deemed necessary or desirable by the City Clerk or the Council.

D. Commission Findings and Decision.

1. After the hearing, the Commission shall, by resolution, render its decision to approve or disapprove a Variance. A Variance from the terms of this Chapter shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. (California Government Code Section 65906.) In making its decision, the Commission shall adopt written findings with respect to this requirement.

A Variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. (California Government Code Section 65906.)

2. Notice of the Commission decision shall be given as provided in CMC 9173.32.

E. Conditions. Any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated (California Government Code Section 65906), and shall be subject to such conditions as will assure that any potential adverse effects will be mitigated where feasible.

F. Effective Date and Appeal.

1. The decision of the Commission shall become effective and final fifteen (15) days after the date of its action unless an appeal is filed in accordance with CMC 9173.4.

2. An appeal shall be considered by the Council as provided in CMC 9173.4.

G. Subsequent Modification of Conditions.

1. After a Variance has been granted, modification of the conditions of the Variance, including additions or deletions, may be considered upon filing of an application in accordance with CMC 9173.1.

2. A public hearing on a proposed modification of conditions need not be held unless requested by the applicant, Director, Commission or Council. If the Director, Commission or Council concludes that the proposed modification of conditions extends beyond the intent of the original approval of the Variance and the conditions previously adopted, a public hearing shall be held.

3. The decision and any appeal in connection with a modification of conditions shall be in the same manner as for a Variance.

H. Expiration of Variance.

1. Expiration. A Variance shall become automatically null and void, unless otherwise provided in this Chapter or unless extended as provided in subsection (H)(2) of this Section, if any of the following occurs:

a. Unused Variance. The Variance has not been used within the time specified in the Variance or, if no time is specified, within one hundred eighty (180) days of its effective date.

b. Time Limit as a Condition of Variance. Circumstances which terminate the Variance pursuant to any termination provision included as a condition of the Variance.

c. Changed or Discontinued Use or Development. The use has been suspended or has ceased to exist for a period of one (1) year, or has been changed to another use in connection with which the Variance is not required, or the deviation from the regulation which was authorized by the Variance has ceased to exist for a period of one (1) year.

d. Automatically Permitted Condition. Upon a change of zoning classification or of ordinance provisions so as to automatically permit in all respects that which was permitted by Variance.

e. Nonconforming Use Termination. The use is or becomes a nonconforming use and is terminated pursuant to the provisions for termination of nonconforming uses.

If none of the above circumstances transpires, the Variance shall remain in effect indefinitely.

2. Extension. Upon application by the Variance holder filed with the Director on or before the date of expiration of the Variance, a Variance which would otherwise expire may be extended by the Commission, or by the Council upon appeal, if the Commission or Council finds the termination of the Variance would constitute an undue hardship upon the Variance holder and that the continuation of the Variance would not be materially detrimental to the health, safety and general welfare of the public. Extensions shall not be granted for more than a total of one (1) year unless a public hearing is held and approval is granted in the same manner and based upon the same criteria as for the issuance of a new Variance. (Ord. 19-1904, § 5)

9172.23 Site Plan and Design Review.

When Site Plan and Design Review is required pursuant to the provisions of this Chapter, a development plan shall be submitted and approved according to the following procedures before any grading permit, electrical permit, plumbing permit or building permit is issued, or sign installed, which involves significant exterior changes in the opinion of the Director:

A. Submittal. An application shall be filed in accordance with CMC 9173.1. Prior to accepting an application, the Director may require that a conference be held with the project designer.

B. Approval Authority.

1. An application for approval of a Development Plan shall be submitted to the Commission for determination in any case involving any of the following:

a. Any construction of a new building or structure having an estimated valuation of $50,000 or more.

b. Any expansion, addition, alteration or repair to an existing structure, or other construction if the estimated cost of the work is $50,000 or more and the work involves changes in exterior architectural design, landscaping design or parking facilities.

c. Any conversion of a residential structure to a commercial use if the estimated cost of the work is less than $50,000.

d. Any major wireless telecommunications facility and minor wireless telecommunications facility located within one hundred (100) feet of a residential zone.

2. The Director shall have the authority to approve a Development Plan for work involving any of the following:

a. Any construction of a new building or structure having an estimated valuation less than $50,000.

b. Any expansion, addition, alteration or repair to the exterior of an existing structure, or other construction, except for any conversion of a residential structure to a commercial use, if the estimated cost of the work is less than $50,000 and the work involves changes in exterior architectural design, landscaping design or parking facilities.

c. Any construction involving only interior modifications to an existing building, regardless of the estimated valuation of the work.

d. Signs.

e. Solar energy equipment installation.

f. Fences, walls and hedges.

g. Minor wireless telecommunications facilities not located within one hundred (100) feet of a residential zone regardless of estimated valuation.

The valuation of construction delineated by this subsection shall be established by the Building Official, using as a guide, the Marshall Valuation Service compiled by the Marshall and Swift Publication Company.

C. Commission Hearing and Notice. For applications required by subsection (B)(1) of this section and for appeals authorized by subsection (E)(2) of this section, the Commission shall hold a public hearing within six (6) months of the date of acceptance of the application or date of appeal, as applicable, except that, for applications required under subsection (B)(1)(c) of this section, the Planning Commission shall not be required to hold a public hearing.

Notice of a public hearing, if required, shall be given pursuant to CMC 9173.22 (Notification of Hearing) by posting and through the United States mail to the applicant, to the owners of property within seven hundred fifty (750) feet of the subject property, and to any person who has filed a written request therefor. The City Clerk shall give such additional notices, and in such manner, as prescribed by the law of the State of California and as the Commission or City Council may deem necessary or desirable.

D. Approving Authority Findings and Decision.

1. After the public hearing, the Commission shall, by resolution, render its decision. The Commission shall approve a Development Plan if it is able to make affirmative findings based on the following criteria:

a. Compatibility with the General Plan, any specific plans for the area, and surrounding uses.

b. Compatibility of architecture and design with existing and anticipated development in the vicinity, including the aspects of site planning, land coverage, landscaping, appearance and scale of structures and open spaces, and other features relative to a harmonious and attractive development of the area.

c. Convenience and safety of circulation for pedestrians and vehicles.

d. Attractiveness, effectiveness and restraint in signing graphics and color.

e. Development scheduling (if phased development) which will satisfy the above criteria in each phase.

f. Conformance to any applicable design standards and guidelines which have been adopted pursuant to CMC 9172.15. Such design standards and guidelines may be generally applicable or may specify different requirements for different areas.

2. If the proposed development complies with all applicable requirements and standards of this Chapter and other laws and regulations, and the approving authority finds that the criteria of subsection (D)(1) of this subsection are adequately met, or can be met if specified conditions are observed, the Development Plan shall be approved, subject to such specified conditions. If the approving authority finds that the proposal cannot meet and cannot be modified to meet the requirements of this Chapter and the above criteria, the Development Plan shall be disapproved. In all cases, findings shall be made concerning the grounds for approval or disapproval.

3. Notice of the decision by the Commission or Director, as the case may be, shall be given as provided in CMC 9173.32.

E. Effective Date and Appeal.

1. The decision of the Director or Commission, as the case may be, shall become effective and final fifteen (15) days after the date of the decision unless an appeal is filed in accordance with CMC 9173.4.

2. An appeal from a decision of the Director shall be considered by the Commission, and an appeal from a decision of the Commission shall be considered by the Council as provided in CMC 9173.4.

F. Compliance. After approval of a Development Plan and before City authorization to connect utilities, or before final inspection approval by the Building Official pertaining to any facilities constructed under the Development Plan, the Planning Division shall inspect the site for compliance with the approved Development Plan and conditions. Any deficiencies which are not corrected to the satisfaction of the Director shall be submitted to the Commission for determination as to compliance upon written request to the Director by the property owner or his authorized representative.

G. Exemption of Existing Improvements. Approval under this procedure shall not result in requirements to alter or improve any existing improvements, unless:

1. Such existing improvements are to be altered in connection with the proposed construction, grading or remodeling; or

2. Such existing improvements are directly affected by such proposed construction, grading or remodeling; or

3. The value of the proposed new or replacement construction, alterations, remodeling or other improvements being made exceeds fifty (50) percent of the value of existing improvements. (Ord. 78-433)

H. Subsequent Modification of Conditions.

1. After a Site Plan and Design Review Permit has been granted modification of the Development Plan and/or any conditions of the permit, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative in accordance with CMC 9173.1.

2. A public hearing on a proposed modification of the Development Plan and/or conditions need not be held unless required by subsection (B)(1) of this Section or unless the Director, Commission or Council concludes that the proposed modification extends beyond the intent of the original approval of the Site Plan and Design Review Permit.

3. The decision and any appeal in connection with modification of a Development Plan and/or conditions of the permit shall be the same manner as set forth in CMC 9173.4. (Added by Ord. 84-699, § 3)

I. Expiration of Permit.

1. Expiration. A Site Plan and Design Review Permit shall become automatically null and void, unless otherwise provided in this Chapter or unless extended as provided in subsection (I)(2) of this Section, if any of the following occurs:

a. Unused Permit. Within two (2) years from the Approving Authority’s action, a construction permit, if necessary, shall be issued by the Building Official for the Development Plan. Work authorized by the permit shall commence within one hundred eighty (180) days from the date of issuance of said permit and such work shall not be suspended or abandoned at any time after commencement for a period of one hundred eighty (180) days or more.

b. Time Limit as a Condition of Permit. Circumstances which terminate the permit pursuant to any termination provision included as a condition of the permit.

c. Automatically Permitted Development. Upon a change of zoning classification or of ordinance provisions so as to automatically permit the development. Each nonconformity, if any, existing at the time of expiration of a Site Plan and Design Review Permit pursuant to this Subparagraph shall be brought into conformance pursuant to Division 2 of Part 8 of this Chapter.

d. Ineligible Use. Upon a change of zone or of ordinance provisions so as to no longer provide that the use is eligible for a Site Plan and Design Review Permit. Termination of this use and each nonconformity thereof shall be in accordance with Division 2 of Part 8 of this Chapter.

If none of the above circumstances transpires, the Site Plan and Design Review Permit shall remain in effect indefinitely.

9172.24 Interpretation Procedure.

In case of uncertainty or ambiguity as to the meaning or intent of any provision of this Chapter, or to further define or enumerate the uses permitted in the various zones, and upon proper initiation as provided in CMC 9172.24(A), the following procedure shall be followed if a Text Change is not initiated. Adjustment of a zoning boundary up to fifty (50) feet from the scaled location on the Zoning Map also may be accomplished under this procedure if a Zone Change is not initiated and if such adjustment is in order to conform to lot lines or to resolve uncertainty as to the precise location of such zoning boundary. Except in the case of a Zoning Boundary Adjustment, Interpretations shall be generally applicable to all future situations of the same type and shall not be limited or directed to specific properties or circumstances thereon.

A. Initiation. The preparation of an Interpretation may be initiated by the Council, Commission or Director, or upon the written request of any person.

B. Basis of Interpretation. An Interpretation shall be based on an examination of the intent of this Chapter, considering all of the relevant provisions thereof, and shall be consistent with such intent. Consideration shall be given to the relationship among regulations of the various zoning classifications and the uses and development standards therein.

In the case of an Interpretation involving further definition or enumeration of uses permitted in a particular zone, consideration shall be given to the similarities and differences between the characteristics of each use subject to Interpretation and the characteristics of those uses expressly permitted in the zone.

C. Preparation, Notice and Transmittal.

1. Within thirty (30) days after the initiation of an Interpretation, the Director shall prepare a written Interpretation and transmit it to the Commission and the Council and shall give public notice that such Interpretation has been prepared. Such notice shall be made in the same manner as required for a Text Change (CMC 9172.11(C)), or in the case of a Zone Boundary Adjustment, in the same manner as required for a Zone Change (CMC 9172.13(C)).

2. Within fifteen (15) days after the date of the notice, the Commission, Council or any interested person may make a written request to the Director for a hearing. If no such request for a hearing is received, the Interpretation shall become effective and final fifteen (15) days after the date of the notice.

D. Commission Hearing and Action.

1. If a request for hearing is received, a hearing shall be held by the Commission within thirty (30) days of the date of such request.

2. After the hearing, the Commission may, by resolution, adopt the proposed Interpretation, adopt a modified or different Interpretation, or refer the matter to the Director for further study. Failure of the Commission to act within thirty (30) days after the close of the hearing shall be deemed an approval of the Director’s Interpretation.

3. If the Commission refers the matter to the Director for further study, the Director shall prepare and submit another Interpretation in accordance with the provisions of this Section.

4. Unless the Commission refers the Interpretation to the Director for further study, the decision of the Commission shall become effective and final fifteen (15) days after the date of its action unless an appeal is filed in accordance with CMC 9173.4.

E. Appeal. The action of the Commission to adopt an Interpretation may be appealed to the Council in accordance with CMC 9173.4 except that the Council shall hold a hearing within thirty (30) days of the filing of an appeal and shall make its decision within thirty (30) days after the close of the hearing. Failure of the Council to act within such time shall be deemed to affirm the decision of the Commission.

9172.25 Extension of Nonconforming Privilege.

An extension of the date for a termination of a nonconformity as provided in Division 2 of Part 8 of this Chapter shall be considered in accordance with the following procedure:

A. Initiation. Consideration shall be initiated by order of either the Council or Commission or upon the filing of an application by the owner of the subject property or his authorized representative, in accordance with CMC 9173.1, and said application shall be filed before the date for termination of the nonconformity, or within three (3) months of receiving City notification of the nonconformity, whichever time period is later. (Ord. 80-532, § 10; Ord. 81-567, § 1)

B. Hearing and Time Limit. The Commission shall hold a public hearing within sixty (60) days of the date of the order or acceptance of the application. (Ord. 81-567, § 1)

D. Commission Findings and Decision.

1. After the hearing, the Commission shall by resolution approve the request for the extension of time if the Commission finds that the required time for termination of the nonconformity as provided in Division 2 of Part 8 of this Chapter is insufficient for the reasonable amortization of the fixed investment in such nonconformity. If the Commission is unable to make such a finding, it shall disapprove the request for the extension of time. In granting such extension, no expansion or increase in the degree of any nonconformity shall be approved.

2. Notice of the Commission decision shall be given as provided in CMC 9173.32.

E. Conditions. In granting an extension of time, the Commission may impose conditions relating to the continuation, modification, conversion or termination of the use and facilities in order to protect surrounding property and to serve the intent of this Chapter.

F. Effective Date and Appeal.

1. The decision of the Commission shall become effective and final fifteen (15) days after the date of its action unless an appeal is filed in accordance with CMC 9173.4.

2. An appeal shall be considered by the Council as provided in CMC 9173.4.

G. Subsequent Modification of Conditions.

1. After an extension has been granted, modifications of the conditions thereof, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative, in accordance with CMC 9173.1.

2. A public hearing on a proposed modification of conditions need not be held unless requested by the applicant, Director, Commission or Council. If the Director, Commission or Council concludes that the proposed modification of conditions extends beyond the intent of the original approval of the extension of time and the conditions previously adopted, a public hearing shall be held.

3. The decision and any appeal in connection with a modification of conditions shall be in the same manner as for the original extension of time. (Ord. 19-1904, § 8)

9172.26 Relocation Review.

Whenever a structure is proposed to be relocated to a site within the City of Carson, a Relocation Development Plan shall be submitted and approved according to the following procedures before any grading permit, foundation permit, electrical permit, plumbing permit, building permit, or relocation permit is issued, or sign installed:

A. Submittal. An application shall be filed in accordance with CMC 9173.1. In addition, prior to accepting an application, the Director may require that a conference be held with the project designer.

B. Approval Authority. An application for approval of a Relocation Development Plan shall be submitted to the Commission for determination. In cases where the site of a proposed relocation is located within a D (Design Overlay) designated area, the Relocation Review procedure shall be considered as simultaneously satisfying the Site Plan and Design Review requirement set forth in CMC 9172.23. In addition, only the fee for Relocation Review, as set forth in CMC 9173.9, shall be paid.

C. Commission Hearing and Notice. The Planning Commission shall hold a public hearing within six (6) months of the date of acceptance of the Relocation Development Plan. Notice of hearing shall be given pursuant to CMC 9173.22 (Notification of Hearing) by posting and by notice through the United States mail to the owners of property within seven hundred fifty (750) feet of the proposed new location, and to any person who has filed a written request therefor, and in such other manner as prescribed by the laws of the State of California and as the Commission may deem necessary or desirable. The City Clerk may give such additional notice, and in such manner, as may be deemed necessary or desirable by the City Clerk or the Council.

D. Commission Findings and Decision.

1. After the hearing, the Commission shall by resolution, render its decision. The Commission shall approve a Relocation Development Plan if it is able to make affirmative findings based on the following criteria:

a. The proposed use and development will be consistent with the General Plan, any specific plans for the area, and surrounding uses.

b. Compatibility of architecture and design with existing and anticipated development in the vicinity, including the aspects of site planning, land coverage, landscaping, appearance, age, and scale of structures and open spaces, and other features relating to a harmonious and attractive development of the area.

c. Convenience and safety of circulation for pedestrians and vehicles.

d. Attractiveness, effectiveness, and restraint in signing, graphics and color.

e. Development scheduling (if phased development) which will satisfy the above criteria in each phase.

f. Conformance of any applicable design standards and guidelines which have been adopted pursuant to CMC 9172.15. Such design standards and guidelines may be generally applicable or may specify different requirements for different areas.

2. If the proposed development complies with all applicable requirements and standards of this Chapter and other laws and regulations, and the approving authority finds that the criteria of subsection (D)(1) of this Section are adequately met, or can be met if specified conditions are observed, the Relocation Development Plan shall be approved, subject to such specified conditions. If the approving authority finds that the proposal cannot meet and cannot be modified to meet the requirements of this Chapter and the above criteria, the Relocation Development Plan shall be disapproved. In all cases, findings shall be made concerning the ground for approval or disapproval.

3. Notice of the decision by the Commission shall be given as provided in CMC 9173.32. (Ord. 84-699, § 4)

E. Effective Date and Appeal.

1. The decision of the Commission shall become effective and final fifteen (15) days after the date of the decision unless an appeal is filed in accordance with CMC 9173.4.

2. An appeal from a decision of the Commission shall be considered by the Council as provided in CMC 9173.4.

F. Compliance. After approval of a Relocation Development Plan and before City authorization to connect utilities, or before final inspection approval by the Building Official pertaining to any facilities constructed under the Relocation Development Plan, the Planning Division shall inspect the site for compliance with the approved Relocation Development Plan and conditions. Any deficiencies which are not corrected to the satisfaction of the Director shall be submitted to the Commission for determination as to compliance upon written request to the Director by the property owner or his authorized representative.

G. Alterations or Improvement to Existing Improvements. Every Relocation Development Plan shall include any existing improvements on the site. The approving authority may require alterations or modifications to said existing improvements when any of the following conditions are present:

1. Such existing improvements are to be altered in connection with the proposed relocation; or

2. Such existing improvements are directly affected by such proposed relocation; or

3. The value of the proposed relocation being made exceeds fifty (50) percent of the value of existing improvements. (Ord. 79-474)

H. Subsequent Modification of Conditions.

1. After a Relocation Review Permit has been granted, modification of the Relocation Development Plan and/or any conditions of the permit, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative in accordance with CMC 9173.1.

2. A public hearing on a proposed modification of the Relocation Development Plan and/or conditions need not be held unless requested by the applicant, Director, Commission or Council. If the Director, Commission or Council concludes that the proposed modification of conditions extends beyond the intent of the original approval of the Relocation Review Permit and/or the conditions previously adopted, a public hearing shall be held.

3. The decision and any appeal in connection with a modification of a Relocation Development Plan and/or conditions of the permit shall be in the same manner as set forth in CMC 9173.4.

I. Expiration of Permit.

1. Expiration of Permit. A Relocation Review Permit shall become automatically null and void, unless otherwise provided in this Chapter or unless extended as provided in subsection (I)(2) of this Section, if any of the following occurs:

a. Incomplete Work. The construction has not been completed within one (1) year from the date of issuance of the Building/Relocate Permit for the relocation of structures unless a greater period of time is authorized by subsection (I)(1)(b) of this Section.

b. Time Limit as a Condition of Permit. Circumstances which terminate the permit pursuant to any termination provision included as a condition of the permit.

c. Discontinued Development Work authorized by the Building/Relocation Permit shall commence within one hundred eighty (180) days from the date of issuance of said permit and such work shall not be suspended or abandoned at any time after commencement for a period of one hundred eighty (180) days or more.

If none of the above circumstances transpires, the Relocation Review Permit shall remain in effect indefinitely.

2. Extension. Upon written application by the permit holder filed with the Director on or before the date of expiration of the permit, a permit which would otherwise expire may be extended by the Commission, or by the Council upon appeal, if the Commission or Council finds the termination of the permit would constitute an undue hardship upon the permit holder and that the continuation of the permit would not be materially detrimental to the health, safety and general welfare of the public. Extensions shall not be granted for more than a total of one (1) year unless a public hearing is held and approval is granted in the same manner and based upon the same criteria as for the issuance of a new Relocation Permit.

3. Abatement. Upon the expiration of the Relocation Review Permit or subsequent denial of a time extension by the Commission or Council, the Building Official shall initiate the procedure established in Chapter 99 of the Uniform Building Code (Rehabilitation Ordinance). (Added by Ord. 84-699, § 4; Ord. 19-1904, § 9)

9172.27 Request for Reasonable Accommodations.

A. Purpose. The purpose is to provide a procedure for individuals with disabilities to request reasonable accommodation, as provided by the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (the Acts), as those regulations are amended from time to time.

B. Definitions.

1. “Act” means the Fair Housing Amendments Act of 1988.

2. “Applicant” means an individual making a request for reasonable accommodation pursuant to this division.

3. “Code” means the Carson Municipal Code.

4. “Department” means the Economic Development Department and Planning Division of the city of Carson.

5. “Reasonable accommodation” means any waiver or modification to regulations, policies, procedures and standards that is both reasonable and necessary for a person with a disability to have an equal opportunity to use and enjoy a residential use. Examples of reasonable accommodation include, if reasonable and necessary, allowing a wheelchair ramp in a required setback, allowing an increase in building height to permit an elevator installation, or allowing an applicant time to submit material.

6. “Disabled person” means any person who has a physical or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. People who are currently using illegal substances are not covered under the Act or this division unless they have a separate disability.

7. “Group home” refers to any and all facilities which are regulated by the provisions of the California Community Care Facilities Act (Health and Safety Code Section 1500 et seq.), the California Residential Care Facilities for the Elderly Act (Health and Safety Code Section 1569) or any alcoholism or drug abuse recovery or treatment facility as defined by Health and Safety Code Section 11834.02 or any successor statutes.

8. “Increased occupancy” refers to a request to increase the number of individuals permitted or licensed by State or local law to occupy a group home.

C. Application – Filing.

1. Any individual with a disability, someone acting on his or her behalf, or a provider or developer of housing for individuals with disabilities, desiring to obtain accommodation in accordance with this Part 7 of the CMC shall file an application with the Planning Officer.

2. A request for accommodation shall contain the following information:

a. Name and address of the applicant and of all persons owning any or all of the subject property.

b. Evidence that the applicant is the owner of the subject property or has written permission of the owner or owners to make such request.

c. Location of the subject property, including address (or vicinity) and Assessor’s parcel number(s).

d. Legal description of the subject property.

e. Description of the current use of the property.

f. The specific regulations, policies, procedures and/or standards that are requested to be waived or modified.

g. A statement setting forth the basis for the request, including verifiable documentation of disability status.

3. The Planning Officer may request additional information as necessary that complies with the Acts and the privacy rights of the individual with a disability.

D. Findings.

1. The Planning Officer shall grant a request for accommodation where all of the following are established:

a. The accommodation requested is intended to be used by an individual with a disability, who resides or will reside on the property; and

b. The requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy a residential use; and

c. The requested accommodation will not impose an undue financial or administrative burden on the city; and

d. The requested accommodation will not require a fundamental alteration in the nature of the land use and zoning program of the city.

2. An accommodation is granted to an individual and shall not run with the land unless the Planning Officer finds that the modification is physically integrated on the property and cannot feasibly be removed or altered.

E. Commission Review Where Concurrent. When a request for accommodation is filed in conjunction with a permit, variance or any other discretionary land use action as provided by Part 7 and Division 2, the Commission shall grant a request for a reasonable accommodation concurrently with such permit, variance or other discretionary land use action in accordance with the required findings pursuant to the CMC.

F. Notice of Determination.

1. The Planning Officer or Commission shall notify the applicant of the action taken on a request for reasonable accommodation; said notice shall include the required findings.

2. Notices of determination on application considered by the Planning Officer shall be issued thirty (30) days of the date the application is deemed complete.

3. A copy of the notice of determination shall be provided to abutting owners of the subject property.

4. The notice of determination shall give notice of the right to appeal, as set forth in subsection (H) of this section and CMC 9173.4, Appeals.

G. Recordation. The applicant shall record the findings of the grant in the office of the county recorder.

H. Appeals.

1. An appeal shall be made in writing, pursuant to the procedures established in CMC 9173.4.

2. All determination on the appeal shall address and be based upon the same findings required in accordance with the CMC.

3. Decisions on appeal shall be effective on the date of decision and no further administrative appeals may be heard. (Ord. 12-1485, § 1)

9172.28 Revocation.

A Conditional Use Permit, Variance, nonconforming privilege or other permission for a specific use or development pursuant to this Chapter, may be revoked through the following procedure:

A. Initiation. Revocation proceedings may be initiated by the Council, Commission or Director.

B. Commission Hearing and Notice. The Commission shall conduct a hearing with notice in the same manner as for a Conditional Use Permit (CMC 9172.21(C)), except that notice to the owner of the subject property shall be given by service in the manner of a summons or by registered mail.

C. Commission Decision. After the hearing, the Commission may, by resolution, revoke the permission for the use or development if any of the following are found:

1. Approval was obtained by fraud, deceit or misrepresentation.

2. The property is or has in the recent past been used or developed in violation of the conditions of approval or of other laws or regulations.

3. The property is or has in the recent past been used or developed in a manner materially detrimental to public health, safety or welfare, or constitutes a public nuisance.

D. Effective Date and Appeal.

1. Such revocation shall become effective fifteen (15) days after the date of action by the Commission unless an appeal is filed in accordance with CMC 9173.4.

2. An appeal shall be considered by the Council as provided in CMC 9173.4.