Chapter 17.07
PROCEDURES, AMENDMENTS AND ENFORCEMENT
Sections:
17.07.002 Zoning administrator.
17.07.003 Initiation, application, and fees.
17.07.004 Application procedures, hearings, and appeals.
17.07.005 Grounds for revocation.
17.07.006 Expiration of certificates, permits, and variances.
17.07.050 Zoning clearance certificates.
17.07.080 Planned developments.
17.07.090 Development agreements.
17.07.001 Purpose.
These provisions are intended to prescribe conditions governing the filing and processing of applications for zoning clearance certificates, conditional use permits, variances, planned developments, and zone amendments. These provisions also address enforcement of the zoning ordinance. (Ord. 2011-692 § 2 (Exh. A)).
17.07.002 Zoning administrator.
The city manager or his designee shall be responsible for granting zoning clearance certificates under FMC 17.07.050 and use permits under FMC 17.07.060, acting in the capacity of a zoning administrator. The zoning administrator is also authorized to approve minor amendments of use permits granted by the planning commission. (Ord. 2011-692 § 2 (Exh. A)).
17.07.003 Initiation, application, and fees.
A. Fees. Each application and appeal shall be accompanied by the proper fees and:
1. Fees shall be set, and amended from time to time, by resolution of the city council.
2. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or other matter in which a fee, charge or payment of expense is required.
3. Any municipal, nonprofit, political, or governmental corporation, district body, or agency is exempted from payment of any fee or charge in connection with an application for any variance, conditional use permit, or zoning amendment.
B. Application Forms. Applications for zoning clearance certificates, use permits, variances, planned developments, and zone amendments shall be filed with the zoning administrator or his designee or the building inspection office on forms provided by the planning department and completed by the applicant. The application shall include the information specified on the forms and any additional information requested by the zoning administrator or building official. (Ord. 2011-692 § 2 (Exh. A)).
17.07.004 Application procedures, hearings, and appeals.
A. Zoning clearance certificates, use permits, variances, and planned developments shall be processed in accordance with Chapter 4.5, Review and Approval of Development Projects – Permit Streamlining Act (Sections 65920 et seq. of the Government Code). The city shall strive to consider projects sooner than the time limits established in the Permit Streamlining Act of the Government Code.
B. Authorized Hearing Officer.
1. The zoning administrator or his designee shall have the authority to consider applications for zoning clearance certificates under FMC 17.07.050. The zoning administrator shall also have authority to consider applications for zoning administrator minor use permits.
2. The planning commission shall have the authority to consider applications for conditional use permits, variances and planned developments, and shall make recommendations to the city council on zone amendments and major use permits.
3. The city council shall have the authority to consider applications for major use permits.
C. Hearing Procedures.
1. Notification. A notice of the time and place of any hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given at least 10 calendar days before any hearing in the following manner:
a. Posting at City Hall;
b. Publication at least once in a newspaper of general circulation that is published and circulated in the city;
c. First-class mail to any person who has filed a written request therefor with the planning department; such request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing; and
d. Mail or delivery to all persons, including businesses, corporations, or other private or public entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property.
2. Zoning Ordinance Amendment. This section does not apply to a proposed zoning ordinance or to an amendment to an existing zoning ordinance that does not affect the permitted use of real property within the city.
3. Decision and Notice. Within 30 days of the conclusion of the hearing, the zoning administrator or planning commission shall grant or deny the variance, use permit, planned development, or amendment applied for. The granting may be subject to terms and conditions attached thereto and made a part thereof.
The action shall be expressed in writing and shall contain findings of fact as to the satisfaction of the conditions set forth in the sections describing the variance, permit, and amendment requirements. Failure of the planning commission to act within 30 days of the conclusion of the hearing shall be deemed to be a denial of the application on that date. Any decision shall become final 15 days from the date of rendering unless an appeal has been filed within that time.
D. Appeal Procedures.
1. Administrative Actions Appealable. Any person aggrieved by any determination, interpretation, decision, decree, judgment, or similar action taken by the zoning administrator under the provisions of the zoning ordinance may appeal such action to the planning commission. The city council may, on its own motion, elect to set such actions for a hearing within the appeal period.
2. Planning Commission Actions Appealable. Actions, or appellate determinations, of the planning commission may be appealed to the city council.
3. Filing Requirements. All appeals should be filed within 15 days following the date of action for which an appeal is taken. Appeals shall be in writing or on a form provided by the planning department and shall include only those items not agreed upon by the applicant and the planning commission or staff, as the case may be. A fee will be required and paid in full before any appeal shall be filed.
4. Transmittal of Appeal. Upon receipt of the notice of appeal, the community development department shall forthwith transmit to the city council all the materials constituting the record upon which the action being appealed was taken.
5. Hearing Procedures. Appeals to the planning commission or city council shall be scheduled for public hearing by the community development department. Notice requirements shall be the same as regular hearing procedures. Within a reasonable period of time following filing of the notice of appeal, the planning commission or the city council shall render its decision on the matter. Failure of the planning commission or the city council to render its decision on the matter within 60 days of the filing of the appeal shall be deemed to be a denial of the appeal.
6. Conclusiveness of the Decision. The decision of the city council upon an appeal is final and conclusive to all things involved in the matter.
E. Limitations and Extensions.
1. Zoning clearance certificates, use permits, variances, and planned developments are privileges assigned to the land, not the individuals owning the land.
2. If the applicant or property owner files an application with the community development department before the expiration of an unused use permit, for extension of the same, such request may be extended for up to one additional year. Only one extension may be granted for each unused use permit.
3. Time-expired use permits shall not be regarded as nonconforming uses and shall have no standing under FMC 17.06.021. (Ord. 2021-747 § 2; Ord. 2020-744 § 1 (Exh. 1); Ord. 2014-712 § 1 (Exh. A); Ord. 2011-692 § 2 (Exh. A)).
17.07.005 Grounds for revocation.
Zoning clearance certificates, use permits, planned developments, or variances may be revoked or modified by the planning commission after a public hearing on any one or more of the following grounds:
A. That the approval was obtained by fraud, material omissions, or misstatements of fact;
B. That the use for which such approval was granted has ceased to exist or has been suspended for one year or more;
C. That the permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, code section, law, or regulation;
D. That the use for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance. (Ord. 2011-692 § 2 (Exh. A)).
17.07.006 Expiration of certificates, permits, and variances.
A zoning clearance certificate, use permit, planned development, and variance shall expire one year after issuance, unless extended or otherwise indicated on the certificate, permit, or variance, or when the proposed development no longer conforms with this code, unless the proposed development has commenced, as authorized by any required certificate, license, or permit, and is being diligently pursued. (Ord. 2011-692 § 2 (Exh. A)).
17.07.007 Security.
A. Penalty Bond. To ensure the performance of conditions imposed at the time of granting or modification of a permit or variance, the applicant may be required to furnish security in the form of money or surety bond in an amount fixed by the zoning administrator sufficient to accomplish the completion of the conditions. Such money or bond shall be paid prior to the issuance of a building permit. Every bond to ensure performance of conditions shall be a penalty bond, shall be payable to the city of Fortuna, and shall be conditioned upon compliance with the conditions and limitations, including any limitation of time, upon which such permit or variance is granted. Upon the breach of any condition or limitation, including a limitation of time, upon which the permit or variance is granted, the money or the bond furnished as security shall be used to complete any work associated with the conditions. If there are any excess funds remaining after the work has been completed, such funds shall be paid into the general fund of the city to cover administrative expenses.
B. Consistency with Approved Project. Prior to issuance of a building permit for any development project, use permit, design review permit, planned development, or variance, final plans and improvements, where required, shall be approved by the zoning administrator or designee as being consistent with the decision on the project.
C. Final Inspection. The final plans and improvements shall be fully completed prior to final building inspection of the project; provided, that if the improvements have not been completed on such date, an extension of time for completion may be granted by the zoning administrator or his designee if implementation is secured by an agreement and the posting of adequate security. (Ord. 2011-692 § 2 (Exh. A)).
17.07.050 Zoning clearance certificates.
A. Purpose. A zoning clearance certificate shall be required for all principal permitted uses whenever a building permit is required, and must be secured prior to the issuance of the building permit. No public hearing is required prior to issuing a zoning clearance certificate for a principal permitted use.
B. Criteria for Granting. A zoning clearance certificate shall be approved or approved with conditions by the zoning administrator or his designee, if, based upon information provided by the applicant, all the following findings are made:
1. The proposed development conforms to all requirements of this code;
2. The proposed development complies with the terms and conditions of any applicable permit and/or subdivision map that was previously approved for such development; and
3. The proposed development is not located on the same lot where conditions exist or activities are being conducted that are in violation of this code, unless the development permit is necessary for the abatement of the existing violation. (Ord. 2011-692 § 2 (Exh. A)).
17.07.060 Use permits.
A. Purpose. These provisions establish the procedures, in addition to those specified in FMC 17.07.003 and 17.07.004, for accommodating conditional uses with special site or design requirements, operating characteristics, or for projects that may have the potential to cause adverse effects on surrounding properties. The procedures in this section shall apply to all proposals for which a conditional use permit is required.
The planning commission may hear and decide applications for use permits where the use is not specifically enumerated in this title, and it is, in the opinion of the commission, similar to and compatible with the uses permitted in that zone where the proposed use is to be sited.
B. Public Hearing.
1. Subject only to the rules regarding the placement of matters on the planning commission agenda, the matter shall be set for public hearing.
2. Notice shall be provided as per FMC 17.07.004.
3. At the public hearing, the authorized hearing officer (per FMC 17.07.004) shall hear any person affected by the proposed use permit. The hearing may be continued from time to time, but shall be concluded within 60 days of commencement.
C. Criteria for Granting. A use permit shall be approved or approved with conditions by the authorized hearing officer, if, based upon information provided by the applicant, all of the following findings are made:
1. That the proposed use at the size and intensity contemplated, and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community; and
2. That such use as proposed will not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity, or injurious to the property, improvements, or potential development in the vicinity with respect to aspects including, but not limited to, the following:
a. The nature of the proposed site, including its size and shape, and the proposed size, shape, and arrangement of structures;
b. The accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed off-street parking and loading;
c. The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust, and odor;
d. Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking areas, loading areas, service areas, lighting, and signs; and
3. That such use or feature as proposed will comply with the applicable provisions of this title and will be consistent with the policies and standards of the Fortuna general plan.
D. The planning commission may set time limits regarding the length of any use permit. (Ord. 2011-692 § 2 (Exh. A)).
17.07.070 Variances.
A. Purpose. This section establishes the procedures, in addition to those specified in FMC 17.07.003 and FMC 17.07.004, for permitting variations from the strict application of the provisions of this title, by reason of exceptional circumstances and other specified conditions.
B. Public Hearing.
1. Subject only to the rules regarding the placement of matters on the planning commission agenda, the matter shall be set for public hearing.
2. Notice shall be provided as per FMC 17.07.004.
3. At the public hearing, the planning commission shall hear any person affected by the proposed variance. The hearing may be continued from time to time, but shall be concluded within 60 days of commencement.
C. Criteria for Granting. A variance may be granted only upon determination that all of the following conditions are present:
1. That there are exceptional or extraordinary circumstances applying to the property involved or to the intended use of the property that do not apply generally to other property or uses in the same class or district;
2. That owing to such exceptional or extraordinary circumstances, the literal enforcement of specified provisions of this title would result in practical difficulty or unnecessary hardship not created by or attributable to the applicant or the owner of the property; and
3. That such variance will not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties. (Ord. 2011-692 § 2 (Exh. A)).
17.07.080 Planned developments.
A. Purpose. The purpose of this section is to establish procedures in addition to those in FMC 17.07.003 and FMC 17.07.004 and to provide flexible alternative standards for land development that result in innovative and creative design, as well as economy in development. Development projects approved under this section shall be functionally equivalent to or better than projects developed subject to the requirements of the zoning district.
Central to the purpose of a planned development is the concept of group or clustering buildings that result in smaller private open spaces, consolidated common open space, and less-costly improvements.
This section may be used to accommodate projects on sites with unusual geography, topography, size, or shape. Planned developments may have several parcel owners who have common interests in land other than the parcel to which they alone have fee title.
B. Regulations.
1. Permitted Uses. A planned development shall be permitted in all zones, if approved pursuant to the provisions of this chapter. Approved planned developments shall include only those uses permitted either as permitted uses, accessory uses, or conditional uses in the zoning district in which the planned development is located.
2. Waiver of Development Standards. Exceptions to the frontage, lot area, lot width, lot depth, ground coverage, yard size, parking, and loading requirements of the zoning district, and exceptions to the improvement standards and specifications may be granted in accordance with subsection (C) of this section.
3. Density Limitations. The density limitations of the zoning district may not be waived. Density limitations shall be established based on a tentative map designed to meet normal zoning standards. Property not considered developable under normal zoning standards shall not be counted toward the permitted density in a planned development.
4. Open Space. Any planned development containing dwellings shall include common open space. This requirement shall be discretionary for developments containing single detached dwellings. The regulations in FMC 17.03.012(G) shall apply to planned developments. At least 40 percent of any planned development shall be in open space as defined in FMC 17.05.141, and such percentage may be increased by the city council or planning commission. The minimum amount of open space required may not be waived.
5. Design Review. Planned developments are subject to design review in accordance with this chapter.
6. Management and Maintenance of Open Space and Improvements. The city may require that a homeowners’ association be established to provide management, maintenance, and preservation of lots and areas owned in common. The shares or certificates of membership shall also only be transferable by the separately owned lots in the planned development.
C. Criteria for Granting. A planned development may be approved or approved with conditions by the authorized hearing official or body, if, based upon information provided by the applicant, all of the following findings are made:
1. That the public interest would be best served by allowing a planned development, rather than a project constructed in accordance with the requirements of the zoning district; and
2. That the planned development is functionally equivalent or better in design than would be a project constructed under the requirements of the zoning district; and
3. That the planned development at the size and intensity contemplated, and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community; and
4. That the planned development will not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity, or injurious to the property, improvements, or potential development in the vicinity with respect to aspects including, but not limited to, the following:
a. The nature of the proposed site, including its size and shape, and the proposed size, shape, and arrangement of structures;
b. The accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed off-street parking and loading;
c. The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust, and odor;
d. Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting, and signs; and
5. That such use or feature as proposed will be consistent with the policies and standards of the Fortuna general plan. (Ord. 2011-692 § 2 (Exh. A)).
17.07.090 Development agreements.
A. Applications.
1. Authority. These regulations are adopted under the authority of Sections 65865 through 65869.5 of the Government Code.
2. Forms and Fees. Applications shall be made as provided in FMC 17.07.003. Fees for such applications shall be set by resolution of the city council.
3. Qualified Applicant. Only persons having legal or equitable interest in the real property to be included in the development agreement may file an application. Proof of this interest must be submitted with the application.
B. Notices and Hearing Process.
1. Notices. Notices for all public hearings shall be given in the form and manner per FMC 17.07.004 and Sections 65854, 65854.5, 65856, and 65867 of the Government Code.
2. Additional Notice. The planning commission or city council, as the case may be, may direct that notice for the public hearing be given earlier than required under the notice requirements of state law.
3. Conduct of Hearings. A public hearing on the development agreement shall be held before the planning commission and the city council and conducted in accordance with procedural standards for zoning hearings per Section 65804 of the Government Code.
C. Standards of Review, Findings, and Decision.
1. Planning Commission. The planning commission, after the public hearing, shall make its recommendations to the city council per FMC 17.07.200, Zoning Amendments. The recommendation shall include whether or not the development proposed:
a. Is compatible with the uses authorized in, and regulations prescribed for, the zoning district where the real property is located;
b. Is in conformity with public convenience and good land use practice;
c. Will be detrimental to the public’s health, safety, and welfare;
d. Will adversely affect the orderly development or the preservation of property value.
2. City Council. The city council, after the public hearing, shall proceed as provided in FMC 17.07.200, Zoning amendments. The development agreement may not be approved unless the provisions are consistent with the Fortuna general plan and any applicable specific plans.
3. Approval. Approval of the development agreement by the city council shall be by adoption of an ordinance.
D. Amendment and Cancellation by Mutual Consent.
1. Initiation of Process. Either party may propose an amendment to or cancellation in whole or in part of the development agreement. The procedure shall be the same as described in subsections (A) through (C) of this section.
2. Notice of City Action. In cases where the city initiates this process, the property owner(s) shall be given at least 10 days’ notice of the city’s intent prior to the public notice required in FMC 17.07.090(B).
E. Recordation of Development Agreement.
1. Agreement. Within 10 days after the city enters into the development agreement, the city clerk shall record the agreement with the county recorder.
2. Changes in Agreement. If the parties to the agreement or their successors in interest amend or cancel the agreement (Section 65868 of the Government Code), or the city modifies or terminates the agreement (Section 65865.1 of the Government Code) for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall record a notice of such action with the county recorder.
F. Periodic Review.
1. Time. The city shall review the development agreement every 12 months from the date of approval of the agreement. More frequent review periods may be specified, or modified, in individual agreements.
2. Notice of Review. Notice of the review by the city council shall be given per subsection (B) of this section.
3. Public Hearing. The city council shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof rests with the property owner.
4. Finding. The city council shall determine on the basis of substantial evidence whether or not the property owner has complied in good faith with the terms and conditions of the agreement.
a. If the city council makes the finding listed above, the review for that period is concluded.
b. If the city council finds that the property owner has not complied in good faith with the terms and conditions of the agreement, the city may modify or terminate the agreement.
G. Modification or Termination.
1. Notice. If the city determines to proceed with modification or termination of the agreement, notice shall be given to the property owner per subsection (B) of this section, including the action proposed by the city council.
2. Hearing. The city council shall hold a hearing on modification or termination of the agreement, at which the property owner shall be given an opportunity to be heard. The city council may refer the matter to the planning commission for a report and recommendation. The city council may impose conditions that it considers necessary to protect the interests of the city. The decision of the city council is final. (Ord. 2011-692 § 2 (Exh. A)).
17.07.100 Design review.
A. Purpose. The purpose of these provisions is as follows:
1. To ensure that new development and/or the alteration or enlargement of existing development occurs in a manner that is consistent with the policies of the Fortuna general plan;
2. To preserve the natural beauty of the community and setting; to prevent the indiscriminate clearing of property, the destruction of trees and natural vegetation, and the excessive and unsightly grading of hillsides; and to preserve natural landform and ridge lines;
3. To ensure that the location and configuration of structures are visually harmonious with their sites and with surrounding sites and structures; that they do not unnecessarily block scenic views or dominate the natural landscape; that they create an internal sense of order and provide a desirable environment for occupants, visitors, and the general community;
4. To ensure that the architectural design of structures and their materials and colors are visually harmonious with surrounding development, natural landform, and vegetation; are appropriate to the function of the project; and promote harmonious transitions between different land uses;
5. To ensure that new development is compatible with future development, both on and off the site;
6. To ensure that plans for the landscaping of open spaces conform with the requirements of this title, and that they provide visually pleasing settings for structures on the site and on adjoining and nearby sites, blend harmoniously with the natural landscape, and are appropriate to the design and function of the structures;
7. To ensure that the design and location of signs and their materials and colors are consistent with the character and scale of the buildings to which they are attached or which are located on the same site, and to ensure that signs are visually harmonious with surrounding development;
8. To encourage the maintenance, rehabilitation, and improvement of existing buildings and structures, and to encourage the conformance of all signs with this title;
9. To ensure that access to the property and circulation thereon are safe and convenient for pedestrians, cyclists, and vehicles.
B. Scope of Design Review. Where design review is prescribed for a use or structure by the zoning regulations, review and approval shall be directed to the following considerations:
1. The proposed location of the structure on its site in relation to the location of buildings on adjoining sites, with particular attention to view considerations, privacy, and topographic or other constraints on development imposed by particular site conditions;
2. The extent to which the site plan attains the minimum amount of grading and/or removal of trees and vegetation in creating a building site, including access drives and off-street parking areas;
3. The size or bulk of the proposed building in relation to the character of existing buildings in the vicinity;
4. Details of proposed site plan, architectural, and landscaping treatment to ensure that while originality in site planning, architecture, landscaping, and graphic design are not suppressed, ugly, inharmonious, or monotonous design is avoided. Review shall include exterior design materials, texture, colors, illuminations, signing, and landscaping, but need not consider elements of the design that are not visible beyond the boundaries of the site;
5. Improvements to existing buildings and site features on the same site;
6. Details of design required to achieve the purposes of this title;
7. Compliance with objectives, policies, or standards of any plan adopted by the city council.
C. The planning commission shall act on design review applications and follow the procedures in this subsection.
D. Design Review Required. As prescribed in the zoning district regulations, if design review is required by the district regulations, such review shall apply to accessory and main structures and shall be completed in accordance with this chapter prior to the issuance of any use permit or building permit.
E. Applications. All applications for permits as required by this chapter shall be in writing, upon a form prescribed and furnished by the community development department, and filed in the office of said department. The application shall contain the name and address of the applicant; the name and address of the owner of the land; a description of the property involved; the street address; the reasons for filing the application; a description of the project to be undertaken; and other information as required by the zoning administrator to evaluate the application.
F. Required Data. Any application required by this chapter shall be accompanied by copies, in a quantity as required by the zoning administrator, of site plans, diagrams, photographs, materials, or other presentation material as may be necessary for complete review and consideration of the proposed development.
Plans shall be drawn to scale of a size as required by the zoning administrator, and shall indicate the following data where applicable:
1. Site Plan. A reproducible site plan that shows the following:
a. Property lines;
b. Existing features on the site and off-site features within 50 feet of the site boundaries, including structures, roads, trees, plant life, stream beds, rock outcroppings, or other significant natural features;
c. Proposed buildings with dimensions;
d. Proposed roads, walks, and paths;
e. A grading plan showing proposed finished grades on the site and on adjoining sites at the property lines in comparison with existing grades;
f. Location, number of spaces, and dimensions of off-street parking;
g. Pedestrian, vehicular, and service ingress and egress, and driveway widths and location;
h. Setbacks;
i. Street dedications and improvements;
j. Location, height, and design of all fences or walls; and
k. Open space use and landscaped areas.
2. Building Plans. Plans showing the proposed building design that include the following items:
a. All elevations of each building and composite evaluation from the street if multiple buildings are proposed;
b. Color renderings or a palette of materials and colors to be used in the exterior of the building;
c. Perspective drawings to show relationship after development of the building(s) to off-site features;
d. The types and finishes of all the materials to be applied to the exterior surfaces of the proposed structure, walls, or additions;
e. The natural colors of the materials to be applied and the colors of any paint or manufactured product on the exterior of the structure, walls, or additions;
f. The lighting to be applied to the exterior wall surfaces or to be used for walkways, drives, and parking lots, and the light cast by the building’s interior, and its signs, visible from adjacent or neighboring properties;
g. All identifications and direction signs and graphics visible from the exterior of a proposed structure;
h. All artwork, sculpture, fountains, and other ornamental or decorative features that are visible from surrounding properties;
i. All provisions for a design of the following appurtenances, if visible from the exterior:
i. Utility lines, meters, and boxes;
ii. Refuse, storage, and pick-up areas;
iii. Stairs and ramps;
iv. Flues, chimneys, and exhaust fans;
v. Sun shades, awnings, and louvers;
vi. Balconies;
vii. Mechanical equipment visible from the exterior;
viii. Penthouses;
ix. Loading docks;
x. Downspouts;
xi. Antennas.
3. Landscaping. Plans showing proposed landscaped areas and general descriptions of landscaping to be installed, together with a layout of the irrigation system and the manner by which the landscaping will be maintained. Detailed landscape plans shall be submitted and approved prior to framing inspection.
4. Other Data. Other such data as may be required to permit the planning commission to make its required findings.
G. Design Review Procedure. In the initial application, an applicant may request either conceptual design review or final design review under the provisions of this chapter.
1. Conceptual Design Review. The purpose of conceptual design review is to provide the applicant with the planning commission’s tentative reaction to the general design concept of a proposed project. Such review shall not include a formal decision on the application by the planning commission.
2. Final Design Review. Final design review by the planning commission is for the purpose of rendering a final decision on the application. At the conclusion of final design review, the planning commission may impose such conditions that are reasonable and necessary to carry out the purposes of this chapter and may, in addition, require such public improvements as are deemed necessary for the promotion of the public health, safety, and welfare.
H. Notice. A notice of the time and place of consideration of design review applications, including a general explanation of the matter to be considered and a general description of the area affected, shall be posted at least 10 calendar days before the hearing at City Hall.
A notice shall also be mailed or otherwise delivered to all persons, including businesses, corporations, or other private or public entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property.
I. Findings in Support of Decision.
1. The decision-making authority shall make appropriate findings of fact in support of each final design review decision, including, but not limited to, findings regarding each of the following matters:
a. The consistency of the project design with the Fortuna general plan and zoning ordinance;
b. Compliance of the project with the California Environmental Quality Act; and
c. Consistency of the project with policies set forth in the design review manual.
2. The decision-making authority may not base any final decision upon consideration of the following matters:
a. Design details such as the color, shape, volume, texture, or construction materials to be used on a project, except where such details are of a magnitude that will significantly affect the overall appearance of the project or the compatibility of the project with its surroundings or where such details are inconsistent with adopted policies contained within the design review manual;
b. The interior design of a fully enclosed building.
J. Time Limitation on Approval. If construction in harmony with the permit for any development for which design approval has been granted has not commenced within one year from the date of notification of approval, such approval shall be deemed automatically revoked. Upon application, an extension of time may be granted by the same decision-making authority that originally granted design approval; said extension shall be for one additional year.
K. Appealable to City Council. Actions of the planning commission are appealable to the city council, pursuant to the procedures of FMC 17.07.004(D). (Ord. 2014-712 § 1 (Exh. A); Ord. 2014-707 § 1 (Exh. A); Ord. 2011-692 § 2 (Exh. A)).
17.07.200 Zoning amendments.
A. Authority – Compliance with Statutes.
1. The provisions of this title may, from time to time, be amended, supplemented, changed, modified, or repealed, including, but not limited to, amendment of the zoning text, changing any property from one zone to another, imposing any regulation not theretofore imposed, or modifying any such regulation theretofore imposed.
2. The provisions of Sections 65800 et seq. of the Government Code (Chapter 4 – Zoning Regulations) shall be complied with when these amendments, supplements, changes, modifications, or repealing actions are taken.
B. Public Hearing. The planning commission shall hold a public hearing on any such ordinance or amendment. At the public hearing, the planning commission shall hear any person affected by the proposed amendment. The hearing may be continued from time to time.
C. Notice.
1. Notice of the time and place of said hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given at least 10 calendar days before the hearing in the following manner:
a. Publication at least once in a newspaper of general circulation that is published and circulated in the city;
b. First-class mail to any person who has filed a written request therefor with the planning commission; such request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing;
c. Mail or delivery to all persons, including businesses, corporations, or other private or public entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property that is the subject of a proposed zoning change; and
d. Mail or delivery to all owners of property included in a proposed zoning change.
2. In the event that the number of owners to whom notice would be sent pursuant to subsections (C)(1)(c) and (d) of this section is greater than 1,000, the city may, as an alternative, provide notice as follows:
a. Such notice shall be given at least 10 days prior to the hearing by either of the following procedures:
i. By placing a display advertisement at least one-fourth page in size in the newspaper having the greatest circulation within the area affected by the proposed ordinance or amendment, and in at least one additional newspaper having general circulation within such area; or
ii. Placing an insert with any generalized mailing sent by the city or county to property owners in the area affected by proposed ordinance or amendment, such as billing for city services.
b. Such advertising or mail insert shall specify the type and magnitude of the proposed changes, the place where copies of the proposed changes may be obtained; the time, date, and place of the hearing; and the right to appear and be heard.
c. Failure to receive the notice required by this section shall not invalidate the ordinance or amendment.
d. This section does not apply to a proposed zoning ordinance or to an amendment to an existing zoning ordinance that does not affect the permitted use of real property within the city or prezoned areas.
D. Planning Commission Recommendations.
1. When the city council requests that the planning commission study and report upon a zoning ordinance or amendment, and the commission fails to act upon such a request within a reasonable time, the council may, by written notice, require the commission to render its report within 40 days. Upon receipt of the written notice, the planning commission shall conduct the required public hearing, if it has not already done so. Failure to report to the city council within the above time period shall be deemed to be approval of the proposed zoning ordinance or amendment to a zoning ordinance.
2. Following the public hearing required by subsection (B) of this section, the planning commission shall render its decision in the form of a written recommendation to the city council. Such recommendation shall include the reasons for the recommendation and the relationship of the proposed ordinance or amendment to applicable Fortuna general plan or specific plans and elements. This recommendation shall be transmitted to the city council in such form and manner as may be specified by the city council.
E. Council Hearing.
1. Upon receipt of the planning commission’s report, a public hearing date shall be set for the city council, subject to the rules regarding placement of matters on its agenda and applicable state mandates, to hear the amendment.
2. Notice of the time and place shall be given as per subsection (C) of this section.
3. At the public hearing, the city council shall hear any person affected by the proposed amendment.
4. The hearing may be continued from time to time, but shall be concluded within 60 days of commencement.
5. The city council may approve, modify, or disapprove the recommendation of the planning commission.
F. Modification or Disapproval by City Council.
1. Any modification of the proposed ordinance or amendment by the city council that was not previously considered by the planning commission during its hearings shall first be referred to the planning commission for a report and recommendation.
2. The planning commission shall not be required to hold a public hearing on the city council’s referral.
3. Failure of the planning commission to report within 40 days after the reference, or such longer period designated by the city council, shall be deemed to be approval of the proposed modification.
G. Adoption or Rejection.
1. The city council may adopt the proposed ordinance or amendment within 45 days of the applicable following event:
a. Planning commission filing a report on city council modification or disapproval; or
b. Expiration of the time period for such a planning commission report as set by the city council; or
c. Conclusion of the city council’s public hearing, if subsections (G)(1)(a) or (b) of this section are not applicable.
2. Failure of the city council to adopt the proposed ordinance or amendment within the time set forth in this section shall be deemed to be denial of such ordinance or amendment.
H. Criteria for Granting. An amendment to the zoning regulations or zoning map may be granted if the following findings are made:
1. That the proposed amendment is consistent with the Fortuna general plan in accordance with Section 65860 of the Government Code; and
2. That the public health, safety, and general welfare require the adoption of the proposed amendment.
I. Consistency with Fortuna General Plan.
1. In the event that the zoning ordinance becomes inconsistent with the Fortuna general plan by reason of amendment to the plan, or to any element of the plan, the zoning ordinance shall be amended within a reasonable time, so that it is consistent with the Fortuna general plan as amended.
2. When the planning commission recommends a general plan or general plan element to the city council for adoption or amendment, and such general plan action does, or will if the council adopts such, cause the zoning to be inconsistent with the Fortuna general plan, then no public hearing for the purpose of bringing zoning into consistency with the Fortuna general plan shall be held by the planning commission within two weeks of the date on which that general plan element or amendment has been recommended to the city council for adoption or amendment.
3. When the city council has adopted or amended a general plan or general plan element, and such action has or will bring zoning into inconsistency with the Fortuna general plan, then no public hearing for the purpose of bringing zoning into consistency with the Fortuna general plan shall be held by the city council within two weeks of the date on which that general plan element or amendment was adopted by the city council. (Ord. 2011-692 § 2 (Exh. A)).
17.07.500 Enforcement.
A. Enforcement Authority.
1. The city manager shall be responsible for the enforcement of the provisions of this title.
2. This title may also be enforced by any authorized representative of the city manager.
3. The chief of police is designated as an authorized representative of the city manager.
B. Compliance with Provisions Required. All departments, officers, and public employees vested with the duty or authority to issue permits, certificates, or licenses shall issue no permit, certificate, or license for uses, buildings, or purposes within the city that is in conflict with the provisions of these regulations. Any such permit, certificate, or license issued in conflict with the provisions of these regulations shall be null and void.
C. Penalties for Violation. Any person, whether principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this title may be guilty of the following:
1. A misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment; or
2. An infraction.
D. Violations Deemed Nuisance. Any building or use operated or maintained contrary to the provisions of this title shall be, and the same is declared to be, a public nuisance and shall be subject to injunction and abatement as such.
E. Remedies Cumulative. The remedies provided in this title shall be cumulative and not exclusive. (Ord. 2011-692 § 2 (Exh. A)).