Chapter 18.68
DEVELOPMENT CODE ADMINISTRATION
Sections:
18.68.020 Application for permits or legislative approvals.
18.68.030 Review by the Community Development Director.
18.68.040 Review by the Planning Commission.
18.68.050 Review by the City Council.
18.68.060 Public hearings and notices.
18.68.070 Revocation and modifications.
18.68.080 Zoning conformance check.
18.68.090 Determination of similar use.
18.68.110 Temporary use permits.
18.68.130 Conditional use permits.
18.68.150 Amendment to this Development Code.
18.68.160 Amendment to the General Plan.
18.68.010 Purpose.
The purpose of this chapter is to establish review and approval procedures for permits and legislative approvals provided for by this code.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.68.020 Application for permits or legislative approvals.
All applications for permits or approvals shall be submitted and processed as follows:
A. All applicants for a permit or legislative approval pursuant to this code shall submit an application to the Community Development Director in the format and number of copies specified by the Community Development Director. The application shall contain all the information specified for the application by the Community Development Director.
B. All applications for entitlements or appeals shall be accompanied by an application fee as set forth by the City. An application will not be accepted without the appropriate fee.
C. The Community Development Director shall inform the applicant in writing within thirty (30) calendar days if additional information is needed to complete the application.
D. Upon acceptance of the application as complete, the Community Development Department shall review the application and prepare the necessary staff analysis of the proposed project, including an initial environmental analysis, if required. The application and the accompanying staff analysis shall then be set for review and decision by the appropriate decision-making authority.
E. If, for a period of six (6) consecutive months, an applicant fails to take action to advance its application, the application will be deemed withdrawn and fees shall be forfeited; provided, however, that no application shall be deemed withdrawn if the applicant is incapable of advancing its application due to any statutory or legal requirement.
F. Applications shall be reviewed by the reviewing authority identified in Table 18.68-1.
|
Application |
City Engineer Approval |
Community Development Director Approval1,2 |
Planning Commission Approval2 |
City Council Approval2 |
|---|---|---|---|---|
|
Lot Line Adjustment/Merger |
X |
|
|
|
|
Determination of Similar Use |
|
X |
|
|
|
Zoning Conformance |
|
X |
|
|
|
Mobile Food Vendor Permit |
|
X |
|
|
|
Home Occupation Permit |
|
X |
|
|
|
Sign Permit |
|
X |
|
|
|
Parcel Map |
|
X |
|
|
|
Minor Use Permit |
|
X |
|
|
|
Temporary Use Permit |
|
X |
|
|
|
Design Review |
|
X3 |
X3 |
|
|
Modification |
|
X4 |
X4 |
|
|
Appeal of CDD Decision |
|
|
X |
|
|
Conditional Use Permit |
|
|
X |
|
|
Variance |
|
|
X |
|
|
Tentative Subdivision Map |
|
|
X |
|
|
Vesting Tentative Map |
|
|
X |
|
|
CEQA Documents for Planning Commission Actions |
|
|
X |
|
|
Rezoning |
|
|
Rec |
X |
|
Planned Unit Development |
|
|
Rec |
X |
|
Specific Plan |
|
|
Rec |
X |
|
Zoning Text Amendment |
|
|
Rec |
X |
|
GP/SP/PUD Amendment |
|
|
Rec |
X |
|
Development Agreement |
|
|
Rec |
X |
|
Final Maps |
|
|
|
X |
|
Appeal of Planning Commission Decision |
|
|
|
X |
|
CEQA Document for City Council Actions |
|
|
|
X |
Footnotes:
1. At the discretion of the Community Development Director, the project may be required to obtain Planning Commission approval.
2. For a project which requires both Community Development Director and Planning Commission approval, the entire project shall be approved by Planning Commission. For a project which requires both Planning Commission and City Council approval, the entire project shall be approved by City Council, following a recommendation by the Planning Commission.
3. The Community Development Director may approve up to four (4) residential units. Planning Commission approval is required for residential projects consisting of five (5) or more units and all commercial buildings/shopping centers greater than one hundred thousand (100,000) square feet in gross floor area.
4. The Community Development Director may approve minor adjustments up to ten percent (10%) of an approved permit and all minor adjustments to applications previously approved by staff; otherwise, the Planning Commission shall approve a modification request.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.68.030 Review by the Community Development Director.
The procedure for review by the Community Development Director shall be as follows:
A. The Community Development Director shall review and decide applications for the permits and approvals identified in Table 18.68-1, except that the Community Development Director may at his/her discretion refer any of the following matters to the Planning Commission.
B. No hearing is required for approval of permits by the Community Development Director, with the exception of tentative parcel maps; however, the Community Development Director at his/her own discretion may conduct such hearing. The application shall be set for such hearing in accordance with the requirements of Section 18.68.060.
C. The Community Development Director is authorized and directed to enforce and administer the provisions of this section. Whenever the application of this chapter is uncertain due to ambiguity of its provisions, the issue shall be referred to the Community Development Director for an interpretation, and such interpretation shall be made by the Community Development Director within ten (10) business days. Any decision made by the Community Development Director may be appealed to the Planning Commission in accordance with this section.
D. Written notice of decision shall be given by mail within five (5) working days after the date of the decision to the applicant and any person filing a written request for notice of the decision.
E. The decision of the Director shall be final ten (10) calendar days after the mailing of the notice of decision, unless an appeal is filed in accordance with subsection F of this section within such time.
F. Any decision of the Community Development Director made pursuant to this section shall be subject to appeal to the Planning Commission by any interested person. Appeal shall be made by filing a written notice of appeal with the Community Development Director prior to the time the decision becomes final. Such appeal shall be accompanied by the filing fee established by resolution of the City Council.
G. No permit shall be issued prior to the expiration of any appeal period.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.68.040 Review by the Planning Commission.
A. The procedure for review by the Planning Commission shall be as follows:
1. The Planning Commission shall review and decide applications for the permits and approvals identified in Table 18.68-1.
2. The application shall be set for hearing in accordance with Section 18.68.060.
3. The Planning Commission may approve, conditionally approve, or deny, any application reviewed pursuant to this section based on whether the proposed project complies with all applicable requirements of this code. Such decision shall include findings in accordance with the provisions of this code. The Planning Commission may also continue consideration of any application to a specified date in the future. Any decision shall be final, subject to appeal in accordance with subsection (A)(6) of this section.
4. Written notice of decision shall be given by mail within five (5) working days after the date of the decision to the applicant and any person filing a written request for notice of the decision.
5. The decision of the Planning Commission shall be final ten (10) calendar days after the mailing of the notice of decision, unless an appeal is filed in accordance with subsection (A)(6) of this section within such time.
6. The applicant or any other person aggrieved by a decision over which the Planning Commission has final jurisdiction may appeal such decision to the City Council by filing a written notice of appeal with the City Clerk prior to the time the decision becomes final. The City Clerk shall furnish forms of notice of appeal. The appeal shall be accompanied by the fee established by the City Council.
7. No permit shall be issued prior to the expiration of any appeal period.
8. For all permits or approvals over which the Planning Commission has final jurisdiction, the Planning Commission shall approve or certify any environmental document which may be required prior to taking action on the application.
B. Review and Recommendation by the Planning Commission of Matters over Which the City Council Has Final Jurisdiction. Any legislative application shall be reviewed and a recommendation made by the Planning Commission in accordance with the following provisions:
1. The application shall be set for hearing in accordance with Section 18.68.060.
2. After the hearing, the Planning Commission may recommend approval, conditional approval, denial, or denial without prejudice.
3. For projects which require entitlements identified for approval by both the Planning Commission and the City Council, the Planning Commission shall make a recommendation to the City Council for all entitlements.
4. For all documents or approvals for which the Planning Commission is the recommending body, and the City Council is the approving body, the Planning Commission shall make recommendations as to approval or certification of any environmental documentation which may be required, and the City Council shall be the body finally approving or certifying such environmental documentation.
5. The Planning Commission shall submit its recommendation to the City Council together with a report of its reasons for such action. Recommendations shall be made by an affirmative vote of a majority of a quorum of the Planning Commission.
C. Consideration of Appeals from Decisions by the Community Development Director.
1. If an action of the Community Development Director is appealed, the matter shall be set for hearing by the Planning Commission. Notice of the hearing on the appeal from the decision by the Community Development Director shall be given in the manner and time provided in Section 18.68.060.
2. The Planning Commission may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from.
3. The applicant or any other person aggrieved by an appeal decision made by the Planning Commission may appeal such decision to the City Council by filing a written notice of appeal with the City Clerk prior to the time the decision becomes final. The City Clerk shall furnish forms of notice of appeal. The appeal shall be accompanied by the fee established by the City Council.
4. No permit shall be issued prior to the expiration of any appeal period.
5. Written notice of such decision shall be given by mail within five (5) working days after the date of the decision to the applicant and any person filing a written request for notice of the decision.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.68.050 Review by the City Council.
The procedure for review by the City Council shall be as follows:
A. Matters over Which the City Council Has Final Jurisdiction. The City Council shall be responsible for reviewing and deciding permits and approvals identified in Table 18.68-1, including applications for amendments to this code pursuant to Section 18.68.150.
1. Applications over which the City Council has final jurisdiction shall be reviewed by the Planning Commission in accordance with the procedures in Section 18.68.040(B) prior to City Council review. Following receipt of a recommendation from the Planning Commission, the City Council shall hold a public hearing, notice of which shall be given in the manner specified in Section 18.68.060.
2. The City Council may approve, modify, or disapprove the recommendation of the Planning Commission. If the City Council proposes to modify an amendment to this code in a manner not previously considered by the Planning Commission, the City Council shall refer said matter back to the Planning Commission for report and recommendation before adoption. The failure of the Planning Commission to report within sixty (60) days after referral shall be deemed to be a recommendation for approval of the proposed modification.
3. Written notice of the City Council’s final decision shall be given by mail within five (5) working days after the date of the decision to the applicant and any person filing a written request for notice of the decision.
4. The decision of the City Council shall be final.
B. Appeals to City Council.
1. If a final action of the Planning Commission is appealed, including an action taken on the appeal of a discretionary action taken by the Community Development Director, the City Clerk shall set the application for public hearing by the City Council. Notice of the public hearing shall be given in a manner specified in Section 18.68.060.
2. The decision of the City Council on any such appeal shall be final upon entry of an order or adoption of a resolution containing the Council’s decision to affirm, modify, or reverse the action of the Planning Commission.
3. Written notice of such decision shall be given by mail within five (5) working days after the date of the decision to the applicant and any person filing a written request for notice of the decision.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.68.060 Public hearings and notices.
When a public hearing is required by this code, public notice shall be given and the hearing shall be conducted as provided by this section.
A. Notice of Hearing. Pursuant to Section 65091 of the California Government Code, not less than ten (10) days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, a general explanation of the matter to be considered, and a general description of the real property (text or diagram), if any, which is the subject of the hearing.
1. Notice of the public hearing shall be published in at least one (1) newspaper of general circulation in the City.
2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of five hundred (500) feet of the exterior boundaries of the property involved in the application, using for this purpose that last known name and address of such owners as shown upon the current tax assessor’s records.
3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner’s authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project.
B. Conduct of Hearings. The Community Development Director, Planning Commission, and City Council may establish its own rules for the conduct of hearings. Evidence shall be offered or presented, and the name and address of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess the presiding officer shall announce the time and place to which the hearing will be continued.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.68.070 Revocation and modifications.
The procedure for revocation and modifications shall be as follows:
A. Basis for Revocation or Modification. Any permit or approval issued pursuant to this title may be modified or revoked by the decision-making authority (Community Development Director, Planning Commission, or City Council) that originally issued the permit or approval by the same procedure under which the permit or approval was issued for any of the following causes:
1. That the applicant has not complied with any term or condition of the permit or approval.
2. That the property or portion thereof subject to the permit or approval is used or maintained in violation of any statute, ordinance, law, or regulation.
3. That the use for which the permit or approval was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance.
B. Revocation or Modification. Upon violation of any applicable provision of this title or failure to comply with any condition imposed pursuant to this title, the Community Development Director shall notify the permittee of the commencement of proceedings to revoke or modify the permit or approval, including the bases for the proposed action, the specific modifications (if any) proposed to be made, and the time and place of the public hearing at which the proposed revocation or modification will be considered. The decision-making authority (Community Development Director, Planning Commission, or City Council) shall then hold a public hearing within sixty (60) days, and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the permit or approval or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition. Within ten (10) days of the date of a decision by the decision-making authority revoking or modifying a permit or approval, the decision may be appealed to the next highest review level in accordance with applicable appeal procedures set forth in this chapter.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.68.080 Zoning conformance check.
The purpose of this section is to establish expedited procedures for the preliminary review of permit applications for conformance with the requirements of this code.
A. Review Required. All applications to any City department for a use subject to the requirements of this code shall be reviewed by the Community Development Director, who shall issue an advisory opinion concerning whether the application conforms with the requirements of this code. No separate application for zoning conformance check shall be required.
B. Basis for Approval. The Community Development Director shall approve the zoning conformance check if he/she finds the proposed use to be in full conformance with the requirements of this code.
C. No Vested Right. Nothing contained in this section is intended or shall be deemed to bind the City, or to grant to any applicant a right to rely on the conformance determination or a vested right to any particular use of a building or real property.
D. Effect of Negative Determination. A determination by the Community Development Director that the application as presented does not comply with the requirements of this code shall not be deemed a denial of the application.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.68.090 Determination of similar use.
The purpose of this section is to establish a procedure to determine that a proposed use of property not expressly authorized as or clearly implied to be a permitted use or a conditional use by the regulations of the applicable zoning district can be permitted or conditionally permitted because it is similar in nature and anticipated impacts to a use specified in that zoning district.
A. Review and Approval.
1. The Community Development Director shall review and decide all applications for a determination of similar use in accordance with the procedures set forth in Section 18.68.030.
2. The decision of the Community Development Director shall be final unless the Director’s determination is appealed in accordance with the procedures set forth in Section 18.68.030(F).
B. Referral to Planning Commission. The Community Development Director may refer any application under this section to the Planning Commission for determination in accordance with the procedures set forth in Section 18.68.030.
C. Basis for Approval. The application for determination of similar use shall be approved upon the making of all of the following findings:
1. The proposed or contemplated use resembles or is of the same basic nature as a use or uses expressly authorized in the applicable zoning district or districts in terms of the following:
a. The activities involved in or equipment or materials employed in the use;
b. The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations, and appearance.
2. The use is substantially consistent with the stated purpose of the applicable zoning district or districts and with the applicable General Plan designation for the parcel.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.68.100 Design review.
The purpose of this section is to establish procedures and standards for a design review process to promote excellence in site planning and building design, to encourage the harmonious appearance of buildings and sites, to ensure that new and modified uses will be compatible with the existing and potential development of the surrounding area, to ensure that projects comply with the design standards and intent of specific plans, and to produce an environment of stable and desirable character.
A. Review and Approval. Design review shall be processed as follows:
1. Review and Approval. All applicants shall submit materials for design review as outlined on the Community Development Department application forms. As outlined in Table 18.68-1, the Community Development Director may approve up to four (4) residential units. Planning Commission approval is required for residential projects consisting of five (5) or more units and all commercial buildings/shopping centers greater than one hundred thousand (100,000) square feet in gross floor area.
2. Exemptions.
a. Design review shall not be required for interior building remodels, minor alterations of building exteriors, or minor repair and maintenance of structures or parking areas.
b. Up to two (2) single-family dwellings on infill lots not within a previously approved subdivision.
c. Expansions of the same or substantially similar use less than twenty-five percent (25%) of gross floor area of the principal buildings (including air space) in any eighteen (18) month period.
B. Basis for Approval. The Community Development Director or Planning Commission, as determined in Table 18.68-1, shall approve or conditionally approve design review if he/she finds the proposed use to be in full conformance with all the following requirements:
1. Exterior Building Design. The exterior building design, including construction materials and color, shall be compatible with the surrounding neighborhood.
2. Additional development standards for multiple-family and nonresidential development shall comply with the following standards:
a. Location and Position of Uses and Buildings on a Site. The location and position of uses and buildings on a site shall provide for an appropriate use of space on the site and shall be compatible with the surrounding vicinity.
b. Site Security. The developer shall provide security equipment and procedures sufficient to ensure public safety at all times, as determined by the Galt Police Department.
c. Exterior Lighting. The developer shall provide exterior lighting sufficient to illuminate entire site.
3. Drainage Facilities and Utilities. All storm drainage facilities shall be placed underground in conformance with City standards. All utility distribution facilities installed in and for the purpose of supplying service shall be placed underground, except equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes, meter cabinets, and concealed ducts. The developer is responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies involved in the installation of said facilities.
4. Applicable specific plan requirements.
5. Galt Landscape Design Guidelines.
6. Applicable provisions found in the Galt Municipal Code and all applicable standards and specifications not otherwise included in this code.
C. Terms and Conditions. Terms and conditions for approval of a design review are as follows:
1. Imposition of Conditions. Any approval of a design review may include such terms and conditions as deemed necessary or appropriate by the Community Development Director or Planning Commission to effect the purpose of this code. If no additional terms or conditions are specified, the design approval shall be considered unconditional and valid for the period set forth in subsection (C)(2) of this section.
2. Time Limits and Commencement of Development. The development for which a design review approval has been granted pursuant to this code shall commence and be diligently pursued to completion by obtaining a building permit and commencing construction under the terms and time limits of that building permit within one (1) year of the granting of the design review approval. If the development has not commenced or been diligently pursued to completion within one (1) year, the approval shall automatically expire. Prior to the expiration of the permit, the applicant may apply for a single one (1) year extension.
D. Revocation and Modifications. Any design review approved pursuant to this section may be revoked or modified pursuant to Section 18.68.070.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.68.110 Temporary use permits.
The purpose of this section is to establish procedures and standards for the review and approval of temporary use permits by the Community Development Director so as to ensure the proper integration of uses which, because of their special nature, may be suitable only in certain locations and only provided such uses are arranged or operated in a particular manner.
A. Uses Subject to a Temporary Use Permit.
1. Real estate offices and model homes within approved development projects;
2. On- and off-site contractors’ construction yards in conjunction with an approved development project;
3. Trailer, coach, or mobile home as a temporary residence of the property owner when a valid residential building permit is in force;
4. Pumpkin and Christmas tree sale lots;
5. Fireworks stands;
6. Emergency public health and safety needs;
7. Produce stands in community gardens;
8. Similar temporary uses which, in the opinion of the Director are compatible with the zone and surrounding land uses, pursuant to Section 18.68.090.
B. Exemptions. The following uses are exempt from the provisions of this section:
1. Garage and yard sales, provided the sales only occur on parcels developed with a residential use, do not occur more than two (2) times per year, for no more than three (3) days per event.
2. City-sponsored uses and activities, or activities occurring on City-owned property, occurring at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building permits, encroachment permits, etc.) may be required.
C. Prohibited Uses. The following uses are prohibited:
1. Any use not allowed in the underlying zone.
2. Any food preparation activity, except for approved food carts, food trucks, or in conjunction as an accessory to an approved larger-scale temporary use or special event (i.e., food preparation as part of a carnival or company employee appreciation event).
3. Outdoor sale of goods not accessory to a primary retail use on the property or accessory to an event sponsored by an educational, fraternal, religious, or service organization directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the federal Revenue and Taxation Code (i.e., flower stands at a service station).
4. Any other temporary use determined to be a nuisance or which does not comply with the requirements of this Development Code (i.e., located in a required parking space).
D. Development and Operational Standards for Temporary Use Permits.
1. Real Estate Office and Model Homes.
a. Accessory Facility Only. On-site temporary real estate offices or temporary model home complexes may be established only within the boundaries of a residential subdivision for the limited purpose of conducting sales of parcels within the same subdivision. Off-site sales of parcels from any temporary office shall require a conditional use permit.
b. Allowed Locations. In all residential zones and all mixed use developments with a residential component.
c. Requirements. A temporary real estate sales office or model home complex established or maintained in compliance with this subsection shall meet all of the following requirements:
i. An agreement and a cash deposit or surety bond in an amount sufficient to guarantee to the City the removal of the sales office or model home complex or the restoration of the premises in conformity with the approved temporary use permit and with the applicable provisions of this Development Code within sixty (60) days after the last residence or parcel within the subdivision has been sold and escrow closed shall be required.
ii. Off-street parking shall be provided at the same ratio as required for offices in compliance with Chapter 18.48.
d. Duration. The temporary real estate sales office and temporary model home complex may be maintained until all of the on-site parcels in the subdivision have been sold and the escrow closed.
2. On- and Off-Site Contractors’ Construction Yards. Shall be operated only in conjunction with an approved building permit. The construction yard shall be removed immediately upon completion of the construction project.
3. Temporary Residence. Shall be limited to the property owner and only when a valid residential building permit is in force.
4. Pumpkin and Christmas Tree Sale Lots.
a. Exemptions. A permit shall not be required when such sales are in conjunction with an established commercial business holding a valid business license.
b. Duration. Pumpkin/Christmas tree sales shall only be held from October 1st through December 31st.
c. Vacant Lots. Applicants for pumpkin/Christmas tree sales proposed on vacant lots shall provide adequate on-site parking spaces and access. A site plan shall be submitted to the Community Development Department for review and approval.
5. Group Assembly. A temporary use permit shall be required for a group assembly not to exceed one hundred (100) persons nor continue for a duration exceeding three (3) days (excluding setup and breakdown). A special event permit shall be required for all group assemblies exceeding these parameters, and for all circuses, rodeos, carnivals, fairs, festivals and concerts when not held within premises designed to accommodate such events, such as auditoriums, stadiums or other public assembly facilities. No permit is required for group assemblies that occur completely indoors and within premises designed to accommodate such events.
E. Application and Permit Issuance.
1. General. A temporary use permit shall be required prior to commencement of any uses listed in subsection (A)(3) of this section. A temporary use permit may be approved, modified, conditioned, or denied by the Community Development Director, or the Director may refer such application to the Commission. Decisions of the Director may be appealed to the Commission pursuant to Section 18.68.030(F).
All events associated with a temporary use permit shall operate in compliance with all of the conditions associated with the temporary use permit. A copy of the approved temporary use permit, along with the associated conditions, shall be in the possession of the person in charge during the event. Such copies shall immediately be presented to any City enforcement official upon request for examination.
2. Temporary Use Permit Applications.
a. Submittal Requirements.
i. A completed application form and property owner’s authorization shall be provided.
ii. Flame resistance certificate and specifications for tents/canopies.
iii. List of all vendors and type of service provided.
iv. All applicable fees, including any cleanup deposit, shall be provided.
b. Time to Submit. A completed application form and fees shall be submitted no less than ten (10) working days from the date of the beginning of the proposed use.
3. Review Procedures.
a. Upon receipt of a completed application and all related fees, the Community Development Director shall review and approve, modify, condition or deny the application. Note that review by outside agencies may be required.
b. The decision of the Community Development Director shall be final unless the determination is appealed in accordance with the procedures set forth in Section 18.68.030(F).
F. Findings for Approval. The application may be approved or conditionally approved upon the making of all of the following findings:
1. The proposed use is consistent with the goals and policies of the General Plan and any applicable specific plan.
2. The proposed use is consistent with the purpose of the applicable zoning district or districts.
3. The proposed use is listed as a use or clearly implied to be a use that is subject to a temporary use permit in the applicable zoning district or districts or a determination of similar use has been made in accordance with the procedures set forth in Section 18.68.090.
4. The proposed use meets the minimum requirements of this code applicable to the use and complies with all other applicable laws, ordinances, and regulations of the City and the state of California.
5. The proposed use will not be materially detrimental to the health, safety, or welfare of the public or to property and residents in the vicinity.
6. The proposed use is suitable for the site and is compatible with neighboring uses.
G. Terms and Conditions. Terms and conditions for approval of a temporary use permit are as follows:
1. Imposition of Conditions. Any temporary use permit granted may include such terms and conditions as deemed necessary or appropriate by the Community Development Director to effect the purpose of this code. If no additional terms or conditions are specified, the temporary use permit shall be considered unconditional and valid for the period set forth in subsection (G)(2) of this section.
2. Time Limits and Commencement of Development. The development for which the temporary use permit has been granted pursuant to this chapter shall be valid only for the timeframe identified in the temporary use permit.
3. Condition of Site Following Temporary Use. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used pursuant to the provisions of this Development Code.
H. Revocation and Modifications. Any temporary use permit issued pursuant to this section may be revoked or modified pursuant to Section 18.68.070.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.68.120 Minor use permits.
The purpose of this section is to establish procedures and standards for the review and approval of minor use permits by the Community Development Director so as to ensure the proper integration of uses which, because of their special nature, may be suitable only in certain locations and only provided such uses are arranged or operated in a particular manner.
A. Review and Approval. Minor use permits shall be processed as follows:
1. Review and Approval. All applicants for a minor use permit shall submit an application for a minor use permit in accordance with the procedures set forth in Section 18.68.020. The Community Development Director shall review and decide all applications for a minor use permit in accordance with the procedures set forth in Section 18.68.030.
2. The decision of the Community Development Director shall be final unless the determination is appealed in accordance with the procedures set forth in Section 18.68.030(F).
3. Uses Subject to a Minor Use Permit. All uses listed in Tables 18.16-1, 18.20-1, 18.24-1, 18.28-1, 18.32-1, and 18.36-1, or determined to be similar pursuant to Section 18.68.090, that are designated with the letter “M” shall require a minor use permit.
4. Expansion of Uses.
a. An expansion of greater than twenty-five percent (25%) of the gross floor area of a use possessing a valid minor use permit or deemed to possess a minor use permit in accordance with Section 18.44.110 shall be required to obtain a minor use permit for the proposed expansion. The development standards of this code, including parking and landscaping, shall apply to the proposed expansion area only.
b. Exception. Specific conditions of existing minor use permit(s) may be more restrictive with regard to expansions. In cases of conflict between specific conditions relating to expansions and this code, the more restrictive shall prevail.
B. Referral to Planning Commission. The Community Development Director may refer any application under this section to the Planning Commission for determination in accordance with the procedures set forth in Section 18.68.030(A).
C. Findings for Approval. The application may be approved or conditionally approved upon the making of all of the following findings:
1. The proposed use is consistent with the goals and policies of the General Plan and any applicable specific plan.
2. The proposed use is consistent with the purpose of the applicable zoning district or districts.
3. The proposed use is listed as a use or clearly implied to be a use that is subject to a minor use permit in the applicable zoning district or districts or a determination of similar use has been made in accordance with the procedures set forth in Section 18.68.090.
4. The proposed use meets the minimum requirements of this code applicable to the use and complies with all other applicable laws, ordinances, and regulations of the City and the state of California.
5. The proposed use will not be materially detrimental to the health, safety, or welfare of the public or to property and residents in the vicinity.
6. The proposed use is suitable for the site and is compatible with neighboring uses.
D. Terms and Conditions. Terms and conditions for approval of a minor use permit are as follows:
1. Imposition of Conditions. Any minor use permit granted may include such terms and conditions as deemed necessary or appropriate by the Community Development Director to effect the purpose of this code. If no additional terms or conditions are specified, the minor use permit shall be considered unconditional and valid.
2. Time Limits and Commencement of Development. The development for which the minor use permit has been granted pursuant to this code shall commence and be diligently pursued to completion within one (1) year of the approval of the minor use permit. If the development has not commenced or been diligently pursued to completion within that time, the approval shall automatically expire. Prior to the expiration of the permit, the applicant may apply for a single one (1) year extension.
3. Minor Use Permit to Run with Land. A minor use permit granted pursuant to the provisions of this section shall run with the land and shall be valid for the successors in interest of the original grantee.
E. Revocation and Modifications. Any minor use permit issued pursuant to this section may be revoked or modified pursuant to Section 18.68.070.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.68.130 Conditional use permits.
The purpose of this section is to establish procedures and standards for the review and approval of conditional use permits by the Planning Commission so as to ensure the proper integration of uses which, because of their special nature, may be suitable only in certain locations and provided such uses are arranged or operated in a particular manner.
A. Review and Approval. Conditional use permits shall be processed as follows:
1. Review and Approval. All applicants for a conditional use permit shall submit an application for a conditional use permit in accordance with the procedures set forth in Section 18.68.020. The Planning Commission shall review and decide all applications for a conditional use permit in accordance with the procedures set forth in Section 18.68.040(A).
2. Uses Subject to Conditional Use Permit. All uses listed in Tables 18.16-1, 18.20-1, 18.24-1, 18.28-1, 18.32-1, and 18.36-1, or determined to be similar pursuant to Section 18.68.090, that are designated with the letter “C” shall obtain a use permit.
3. Preexisting Uses. Uses that existed prior to the enactment of this Development Code, and which now are permitted with a conditional use permit, shall be deemed to have a conditional use permit.
4. Expansion of Uses.
a. An expansion of greater than twenty-five percent (25%) of the gross floor area of a use possessing a valid conditional use permit or deemed to possess a conditional use permit in accordance with Section 18.44.130 shall be required to obtain a conditional use permit for the proposed expansion. The development standards of this code, including parking and landscaping, shall apply to the proposed expansion area only.
b. Exception. Specific conditions of existing use permit(s) may be more restrictive with regard to expansions. In cases of conflict between specific conditions relating to expansions and this code, the more restrictive shall prevail.
B. Findings for Approval. The Planning Commission may approve or conditionally approve an application for a conditional use permit if it finds all of the following:
1. The proposed use is consistent with the goals and policies of the General Plan and any applicable specific plan.
2. The proposed use is consistent with the purpose of the applicable zoning district or districts.
3. The proposed use is listed as a use subject to a conditional use permit in the applicable zoning district or districts or a determination of similar use has been made in accordance with the procedures set forth in Section 18.68.090.
4. The proposed use meets the minimum requirements of this code applicable to the use and complies with all other applicable laws, ordinances, and regulations of the City and the state of California.
5. The proposed use will not be materially detrimental to the health, safety, or welfare of the public or to property and residents in the vicinity.
6. The proposed use is suitable for the site and is compatible with neighboring uses.
C. Terms and Conditions. Terms and conditions for approval of a conditional use permit are as follows:
1. Imposition of Conditions. Any conditional use permit granted may include such terms and conditions as deemed necessary or appropriate by the Planning Commission to effect the purpose of this code. If no additional terms or conditions are specified, the conditional use permit shall be considered unconditional.
2. Time Limits and Commencement of Development. The development for which a conditional use permit has been granted pursuant to this code shall commence and be diligently pursued to completion within one (1) year of the approval of the conditional use permit. If the development has not commenced or been diligently pursued to completion within one (1) year, the approval shall automatically expire. Prior to the expiration of the permit, the applicant may apply for a single one (1) year extension.
3. Conditional Use Permit to Run with Land. A conditional use permit granted pursuant to the provisions of this section shall run with the land and shall be valid for and binding on the successors in interest of the original grantee.
D. Revocation and Modifications. Any conditional use permit issued pursuant to this section may be revoked or modified pursuant to Section 18.68.070.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.68.140 Variances.
The purpose of this section is to establish procedures and standards for the review and approval of variances consistent with Government Code Section 65906. Variances from the terms of the Development Code shall be granted only when, because of special physical conditions applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Development Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 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. In no case shall a variance be granted to permit a use not expressly authorized by the zone classification governing the property.
A. Review and Approval. Variances shall be processed as follows:
1. Review and Approval. All applicants for a variance shall submit an application for a variance in accordance with the procedures set forth in Section 18.68.020. The Planning Commission shall review and decide all applications for a variance in accordance with the procedures set forth in Section 18.68.040(A).
2. Development Standards Subject to Variance. The Planning Commission may grant a variance to any development standard contained in this code.
B. Findings for Approval. The mere existence of a peculiar situation which will result in a hardship to the applicant if the Development Code is enforced does not require the granting of a variance. The Planning Commission may approve or conditionally approve an application for a variance if it finds all of the following:
1. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, and because of such circumstances, the strict application of requirements of this title would deprive the property of privileges generally enjoyed by other property in the vicinity and under identical zoning classification.
2. The variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same zoning district.
3. The variance does not authorize a use that is not otherwise allowed in the zoning district.
4. The variance will not adversely affect the interests of the public or the interests of other residents and property owners within the vicinity of the premises in question.
5. All the applicable legislative requirements of Government Code Section 65906 are met.
C. Terms and Conditions. Terms and conditions for approval of a variance are as follows:
1. Imposition of Conditions. Any variance granted may include such terms and conditions as deemed necessary or appropriate by the Planning Commission to effect the purpose of this code. If no additional terms or conditions are specified, the variance shall be considered unconditional.
2. Time Limits and Commencement of Development. The development for which a variance has been granted pursuant to this code shall commence and be diligently pursued to completion within one (1) year of the granting of the variance. If the development has not commenced or been diligently pursued to completion within one (1) year, the approval shall automatically expire. Prior to the expiration of the variance, the applicant may apply for a single one (1) year extension.
3. Variance to Run with Land. A variance granted pursuant to the provisions of this section shall run with the land and shall be valid for and binding on the successors in interest of the original grantee.
D. Revocation and Modifications. Any variance issued pursuant to this section may be revoked or modified pursuant to Section 18.68.070.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.68.150 Amendment to this Development Code.
The purpose of this section is to set forth procedures for changing or amending the text of this Development Code, for changing the zoning classification of properties, and for establishing prezoning for properties in unincorporated areas.
A. Review and Approval. All applicants for an amendment to this Development Code or the official Zoning Map shall submit an application in accordance with the procedures set forth in Section 18.68.020. The Planning Commission shall review all applications and recommend the matter to City Council in accordance with the procedures set forth in Section 18.68.040(B). The City Council shall review and decide all applications in accordance with the procedures set forth in Section 18.68.050.
B. Findings for Approval. The Planning Commission may recommend and the City Council may approve an application for an amendment to this Development Code or the official Zoning Map if it finds all of the following:
1. The proposed amendment is in conformance with the Galt General Plan and any applicable specific plan.
2. The public necessity, convenience, and general welfare require or clearly permit the adoption of the proposed amendment.
C. Terms. Terms for approval of an amendment to this Development Code are as follows:
1. Amendment to This Development Code or the Official Zoning Map to Run with Land. An amendment to this Development Code or the official Zoning Map granted pursuant to the provisions of this section shall run with the land and shall be valid for and binding on the successors in interest of the original grantee.
2. Validity. If any section, subsection, paragraph, sentence, clause, or phrase of the amendment approved pursuant to this chapter is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of the amendment. The City Council hereby declares that it would have passed the amendment and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact, any one (1) or more section, subsections, sentences, clauses, and phrases be declared invalid.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.68.160 Amendment to the General Plan.
A. Purpose. The Council may amend the General Plan of the City of Galt four (4) times a year, but each amendment can include multiple changes.
B. Hearings and Notice. Upon receipt of a General Plan amendment application, or direction of the City Council, and following department review, hearings shall be set before the Planning Commission and Council. Notice of the hearings shall be given pursuant to the requirements of Section 18.68.060.
C. Planning Commission Action on Amendments. The Planning Commission shall make a written recommendation on the proposed amendment whether to approve, approve in modified form or disapprove, based upon the findings contained in subsection E of this section. Planning Commission action recommending that the proposed General Plan amendment be approved, approved in modified form, or denied shall be considered by the Council following Planning Commission action.
D. City Council Action on Amendments. Upon receipt of the Planning Commission’s recommendation, the City Council may approve, approve with modifications, or disapprove the proposed amendment based upon the findings contained in subsection E of this section. Amendments to the General Plan Land Use/Zoning District Map shall be adopted by resolution. Amendments to the text of the General Plan shall be adopted by resolution.
E. Findings. An amendment to the General Plan may be adopted only if the following findings are made:
1. The proposed amendment is internally consistent with the General Plan; and
2. The public necessity, convenience, and general welfare require or clearly permit the adoption of the proposed amendment.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)