Chapter 17.16
PERMIT REQUIREMENTS
Sections:
17.16.010 Permit Requirements And Exemptions
17.16.020 Zoning Clearance/Plan Check
17.16.040 Temporary Use Permit
17.16.060 Conditional Use Permit
17.16.080 Planned Developments
17.16.090 Planned Developments--Revocation--Expiration
17.16.100 Extensions Of Time For planned Development Permits
17.16.110 Minor Modifications To planned Developments
17.16.120 Planned Developments--Regulations And Requirements
17.16.130 Zoning Amendments (Text And Map)
17.16.140 General Plan Amendments (Text And Map)
17.16.160 Development Agreements
17.16.170 Lot Line Adjustments And Lot Mergers
17.16.010 Permit Requirements And Exemptions:
All planning and zoning related permits and actions required and regulated by the city are listed herein. Such permits generally fall into three (3) categories based on the type of permit or action and the level of review:
A. Administrative permits and actions;
B. Quasi-judicial permits and actions; and
C. Legislative actions. Each permit type is described in this chapter in terms of purpose and applicability, approving authority, and unique processing provisions. Also see chapter 17.14, "General Application Processing Procedures’, of this title for general application submittal, review, noticing/hearing, and appeal provisions. Exemptions to permit requirements are listed throughout this title. (Ord. 473 §3, 2007)
17.16.020 Zoning Clearance/Plan Check:
A. Purpose And Applicability: The purpose of the zoning clearance/plan check is to ensure that all new and modified uses and structures comply with applicable provisions of this title, using simple administrative plan check procedures. Zoning clearance/plan check is required for all structures that require a building permit and for signs.
B. Approving Authority: The designated approving authority for zoning clearance/plan check is the planning director. The planning director approves, conditionally approves, or denies the zoning clearance/plan check in accordance with the requirements of this title.
C. Process: No application form is necessary for zoning clearance/plan check. This process will be conducted by planning staff as part of the building permit application review. Zoning clearance shall be granted only when the planning staff finds the proposal to be in conformance with all applicable provisions of this title. The planning director may modify plans in whole or in part, apply conditions of approval, or require guarantees to ensure compliance with applicable provisions of this title. Building permits shall not be issued without zoning clearance and plan check approval. (Ord. 473 §3, 2007)
17.16.030 Variance:
A. Purpose And Applicability: In accordance with California Government Code section 65906, a variance request allows the city to grant exception to the development standards and provisions of this title in cases where, because of special circumstances applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts. A variance approval is required to grant exception from any of the development standards and provisions of this title. Variance applications may not be granted for uses or activities not otherwise permitted by zoning district regulations.
B. Approving Authority: The designated approving authority for a variance is the planning commission or designee. The planning director provides a recommendation and the planning commission approves, conditionally approves, or denies the variance in accordance with the requirements of this title.
C. Findings: The planning commission may approve andlor modify any variance application in whole or in part, with or without conditions, only if the applicant can demonstrate to the planning commission that the circumstances of their particular case can justify making all of the following findings:
1. That there are special circumstances applicable to the property, including size, shape, or topography, such that the strict application of this title would deprive the property owner of privileges enjoyed by other property owners in the vicinity under identical land use zoning district classifications.
2. That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use zoning district in which such property is located.
3. That granting the variance will not adversely affect public health, safety, or welfare.
4. That granting the variance is consistent with the objectives and policies of the general plan.
D. Conditions: The planning commission may impose conditions for the variance to ensure compliance with this section and other applicable provisions of this title.
E. Issuance: The final action on the variance by the planning commission shall constitute approval of the permit. Such permit shall only become valid after the designated ten (10) day appeal period has been completed. (Ord. 473 §3, 2007)
17.16.040 Temporary Use Permit:
A. Purpose And Applicability: The purpose of a temporary use permit is to allow uses of a temporary nature on private property to exist for a specified length of time, in a manner that will not adversely affect public health, safety, or welfare. A temporary use permit is required before the construction or operation of any facilities or uses associated with any activity that requires authorization of a temporary use permit. See also permanent outdoor use provisions in chapter 17.86, "Outdoor Sales, Display, Storage, And Seating", of this title.
B. Approving Authority: The designated approving authority for temporary use permits is the planning commission. The planning commission approves, conditionally approves, or denies the temporary use permit in accordance with the requirements of this title.
C. Findings: A temporary use permit shall be granted only when the designated approving authority can make the following findings:
1. The establishment, maintenance, or operation of the temporary use will not be detrimental to the public health, safety, or welfare, including introducing excessive dust, noise, light, odor, or other objectionable characteristics.
2. The temporary use is in conformance with applicable provisions of this title and other regulations of the city, including, but not limited to, fire access and prevention, security provisions, and access to necessary water and sewer services.
3. Removal of the use and site restoration will be ensured.
D. Conditions/Guarantees: The following requirements shall apply to all temporary use permits. The approving authority may impose additional conditions and/or require guarantees to ensure conformance with this title.
1. Requirements for vehicular ingress/egress and corresponding traffic safety provisions, parking requirements and facilities, and hours of operation.
2. Regulation of nuisance factors (e.g., light glare, noise, vibration, smoke, dust, dirt, odors, gases, and heat).
3. Regulation of maintenance and site restoration during and after termination of the temporary use or expiration of the temporary use permit. A bond or other form of security acceptable to the planning director may be required prior to the initiation of the use to ensure cleanup after the use is finished.
E. Permit Issuance: The authorized signature of the planning director or the director’s designee on the completed temporary use permit application form shall signify issuance of the permit. Such permit shall only become valid after the designated ten (10) day appeal period has been completed. (Ord. 473 §3, 2007)
17.16.050 Minor Use Permit:
A. Purpose And Applicability: The purpose of the minor use permit is to allow for administrative review and determination of requests for specific uses that warrant evaluation to ensure compatibility with surrounding uses. Qualifying uses are those that are minor in nature as determined by the approving authority, and can be conditioned to ensure protection of the public health, safety and welfare. The designated approving authority may grant minor use permits for the following uses, subject to all other provisions of this title:
1. Outdoor sound amplification associated with an existing or proposed use;
2. Outdoor seating as permitted pursuant to chapter 17.86, "outdoor Sales, Display, Storage, And Seating", of this title.
B. Approving Authority: The designated approving authority for minor use permits is the planning commission. The planning commission approves, conditionally approves, or denies the minor use permit in accordance with the requirements of this title.
C. Findings: The planning commission may approve and/or modify any application for a minor use permit in whole or in part, with or without conditions, with the following findings:
1. The proposed use is consistent with the general plan and all applicable provisions of this title; and
2. The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or the general welfare of the city.
D. Conditions/Guarantees: The planning commission may impose conditions and/or require guarantees for the minor use permit to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to surrounding neighborhood.
E. Permit Issuance: The final action on the minor use permit by the planning commission shall constitute approval of the permit. Such permit shall only become valid after the designated ten (10) day appeal period has been completed. (Ord. 473 §3, 2007)
17.16.060 Conditional Use Permit:
A. Purpose And Applicability: The purpose of the conditional use permit (CUP) is for the individual review of uses, typically having unusual site development features or operating characteristics to ensure compatibility with surrounding areas and uses. A CUP is required for all uses specifically identified as requiring a CUP in division III, "Zoning Districts, Allowable Uses, And Development Standards", and division v, "Special Use Regulations", of this title.
B. Approving Authority: The designated approving authority for a CUP is the planning commission. The planning director provides a recommendation and the planning commission approves, conditionally approves, or denies the CUP in accordance with the requirements of this title.
C. Findings: Conditional use permits are quasi-judicial and shall be granted only when the planning commission determines that the proposed use or activity complies with all of the following findings:
1. The proposed use is consistent with the general plan and all applicable provisions of this title; and
2. The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of the public.
D. Conditions/Guarantees: The planning commission may impose conditions and/or require performance guarantees for the conditional use permit to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impacts to public health, safety, or welfare.
E. Permit Issuance: The final action on the conditional use permit by the planning commission shall constitute approval of the permit. Such permit shall only become valid after the designated ten (10) day appeal period has been completed. (Ord. 473 §3, 2007)
17.16.070 Design Review:
A. Purpose And Intent: The purpose of the design review process is to promote the orderly and harmonious growth of the city; to encourage development in keeping with the desired character of the city; to ensure physical, visual, and functional compatibility between uses; and to help prevent the depreciation of land values by ensuring proper attention is given to site and architectural design. This process is intended to provide a means for consideration of development proposals by which the site, architectural, and overall project design are substantially improved, and benefits to the city increased. However, this flexibility does not apply to land use. Only those uses permitted within the underlying zoning district are allowed. When no separate design review board exists and the planning commission performs this function, design review may occur at the same hearing as planning review at the discretion of the planning commission.
B. Applicability: A design review process is required for the following items:
1. Single-family residential development and additions thereof above the first floor or greater than five hundred (500) square feet in floor area;
2. Planned developments and specific plans;
3. Multi-family residential development;
4. Nonresidential development (e.g., commercial, office, industrial, public/quasi-public, telecommunications tower installations); and
5. Residential fence permits that do not meet the requirements of chapter 17.52 of this title.
C. Exemptions: The following structures are exempt from design review. However, such structures may require additional permits, such as a ministerial building permit or administrative design review to ensure compliance with adopted building code standards and applicable zoning code provisions:
1. Additions totaling no more than five hundred (500) square feet in size to nonresidential structures not visible from the public right of way viewing area;
2. Accessory structures consistent with provisions of chapter 17.46, "Accessory Structures", of this title;
3. Repairs to and maintenance of the site or structure that do not add to, enlarge, or expand the site coverage, volume, height, or floor area of the structure and that employ the same materials and design as the original construction;
4. Interior alterations that do not change/expand the permitted use of the structure; and
5. Construction, alteration, or maintenance by a public utility or public agency of utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and similar facilities and equipment).
D. Approving Authority: The designated approving authorities for design review are listed in table 17.16-1 of this section. The approving authority shall approve, conditionally approve, or deny the proposed design review application in accordance with the requirements of this section. Design review approval is required prior to issuance of any ministerial building permits or site improvement plans and prior to or in conjunction with discretionary action of corresponding development applications (e.g., conditional use permit, variance).
|
Land Use Type |
Planning Director |
Planning Commission |
|---|---|---|
|
Single-family residential subdivisions |
X |
|
|
Residential master home plans |
X |
|
|
Multi-family residential |
X |
|
|
Residential (new construction/additions) |
500 square feet and lower |
Over 500 square feet |
|
Nonresidential (new construction/additions) |
X |
|
|
Fences |
6 feet and lower |
Over 6 feet |
E. Findings: Design review approval or any modification thereto shall be granted only when the designated approving authority makes all of the following findings:
1. Any two-story construction requires notification of property owners pursuant to section 17.14.040, "Public Notices", of this title;
2. The proposed project is consistent with the objectives of the general plan, complies with applicable zoning regulations, specific plan provisions, planned unit development provisions, applicable city design guidelines, and improvement standards adopted by the city;
3. The proposed architecture, site design, and landscape design are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and the community;
4. The architecture, including the character, scale and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements establishes a clear design concept and is compatible with the character of buildings on adjoining and nearby properties;
5. The proposed project addresses vehicular, bicycle, and pedestrian transportation modes of circulation; and
6. For specific plans and planned unit development design review applications, the proposed project is well integrated with the city’s street network, creates unique neighborhood environments, employs architectural design that fosters sense of community, and contributes to a pedestrian oriented environment.
F. Conditions: The designated approving authority may require that the applicant modify plans in whole or in part and may condition the design review approval to ensure inclusion of specific design features, use of specific construction materials, and conformance with all applicable provisions of this title.
G. Approval: The final design review action on the project by the designated approving authority shall constitute approval of the permit. Such permit shall only become valid after the designated ten (10) day appeal period has been completed. (Ord. 473 §3, 2007)
17.16.080 Planned Developments:
A. Purpose: The planned development (PD) process is established to provide the opportunity for unique and imaginative planning standards and regulations not provided through the application of standard zoning districts, for benefit to residents and the city.
1. The PD process is intended to encourage the creative and imaginative planning of integrated, mixed use developments which provide a balance of residential, commercial, industrial, open space, parks, amenities, and support land uses.
2. Where it is used in conjunction with a development project (a conditional use permit, tentative map, or other project), the PD process is used to provide detailed site planning, landscaping, and other requirements and standards which will govern a particular project.
3. Once approved, a planned development will contain land use regulations and development standards that replace certain provisions of this title. Thus, a planned development must contain sufficient detail to allow city staff to implement its provisions and to describe to developers how properties within a PD project may be developed. Where no specific standard is contained in a PD (for example, parking or landscaping standards), the applicable provisions of this title shall govern.
B. Approving Authority: The designated approving authority for a planned development (PD) is the city council. The planning director provides a recommendation to the planning commission, which in turn provides a recommendation to the city council which approves, conditionally approves, or denies the PD in accordance with the requirements of this title.
C. Designation: The abbreviation PD appearing on a planning application to the city indicates that the proposed project so identified is subject to the provisions of this section.
D. Initiation Of The Planned Development Process: Proposals to prepare a PD may be initiated by the city of Greenfield or by any person as provided in this title. If initiated by an applicant other than the city, a preapplication meeting is strongly recommended.
E. Mandatory Contents Of Planned Development: A PD shall be established by resolution, and each PO project applicant shall set forth in text, maps, and diagrams the following items, at the level of detail appropriate for the PO submittal. It is expressly intended that information for projects which are long term in nature or for which detailed planning may occur at a later date may provide some information at a conceptual level. If required elements are not provided, or are provided at a conceptual level, the PD shall include a schedule or program for providing these items, and may be conditioned to require the provision of these items prior to the approval of development projects within the PO. The following items are required for a complete PD application: An existing setting description which includes:
1. A description of the physical characteristics of the site. The location of structures and other significant improvements shall be shown.
2. The capacity of the existing and planned public services and facilities.
3. The capacity of the existing and planned circulation system.
4. The existing and planned land use of adjacent properties within five hundred feet (500').
5. A boundary survey map in electronic file format of the property and a calculation of the gross land area within the proposed district. A tentative subdivision map may be substituted if the applicant proposes to subdivide the property.
6. A detailed color orthophotograph in common electronic file format of identified scale, taken within the preceding two (2) years, of the PO area and surrounding properties.
7. A discussion of specific objectives and limits for development of the property, which recognize and respond to identified opportunities and constraints of the PD area.
8. Proposed land uses which correspond to the land use categories established by the general plan, and a statement of how the PO relates to the general plan. The density ranges of residential uses must correspond to density ranges established in the general plan.
9. A land use plan identifying areas within the proposed PD and uses to be developed, supported by such related planning and development data as the city may require, including, but not limited to, proposed or projected acreage, population, housing units, and employment. The distribution of land uses shall be expressed in terms of acreage and the total number of residential units and/or square footage of nonresidential buildings allowed. Percentage of total land used for open space, parks, private land (including subtotals for each private land use), and public right of way shall be shown.
10. A circulation plan showing existing and proposed public and private streets, pedestrianways, trails, and related transportation access or circulation features required to serve the proposed development. The circulation plan shall be supported by schematic designs of principal traffic and circulation improvements and such traffic engineering data as required by the city to demonstrate that existing and proposed facilities, both within and outside the PD, shall be adequate to serve land uses proposed by the development plan.
11. A development plan and preliminary time schedule indicating the phasing and schedule, and indicating the total phasing of the PD and areas to be developed in phases and the time schedule for beginning of construction and for completion of each phase of development. This is specifically intended to be a generalized schedule and may be adjusted according to market constraints as the community develops except that proposed or required amenities shall be constructed ahead of residential and commercial products.
12. Development standards for each of the proposed land use categories, including, but not limited to, regulations specifying:
a. Permitted, conditionally permitted, and prohibited land uses;
b. Amenities;
c. Parks;
d. Open space;
e. Setbacks;
f. Building heights;
g. Site coverage;
h. Parking;
i. Grading;
j. Applicable design guidelines, including site planning, architectural, and landscaping guidelines specific to the project;
k. Signage, landscaping, and lighting; and
l. Nonconforming uses, structures, and signage.
13. A preliminary facilities and engineering report and overall plan describing anticipated requirements and proposed means of providing utility facilities and public services, including, but not limited to, storm drainage, sewage disposal, water supply, parks and recreation, and school facilities. This preliminary report and overall plan is not intended to constitute full engineering reports for project utilities and services. Rather, the submittal should communicate the type and magnitude of utilities and services needed for the project, along with a description of how such utilities and services will be provided.
14. Significant natural features and existing trees to be retained for common open space, and provisions for preserving, maintaining, and using those areas.
15. Describe in detail how the development proposed using the PD process provides park space above and beyond any required open space or buffers at a minimum ratio of 3.9 acres of park per one thousand (1,000) development residents using the most recent city of Greenfield population per household data published by the county of Monterey, whereas the 3.9 acres of park space requires a minimum of two (2) acres of community parks, 1.5 acres of neighborhood parks, and 0.4 acre of open space or greenbelt. Alternatively this could be paid via in lieu park fees, except for developments of fifty (50) dwelling units or more, which shall provide park space rather than in lieu fees. If designed in a manner that allows recreational uses, park space may also be used for the purpose of storm water percolation.
16. Centrally located open space shall be provided above and beyond park space, in an amount that allows for passive recreation uses and pedestrian interconnections to other parts of the PD and the surrounding transportation network (streets, bike paths, sidewalks, etc.). In lieu fees shall not satisfy this requirement, although higher density development, infrastructure and quality of life amenities such as substantial increases in water efficiency, energy efficiency, alternative transportation amenities, or on site meeting and recreational facilities not otherwise required may modify the required amount of open space to a level that is appropriate for the project site. If designed in a manner that allows passive recreational uses, open space may also be used for the purpose of storm water percolation.
17. Known manmade and natural hazards, and the methods for mitigating the impacts of these hazards.
18. How the PD complies with the requirements of chapter 17.55, "Resource Efficiency", of this title.
19. Procedure for review of proposed development. The procedures may include:
a. Types of projects that require review, and the reviewing and approving authority for each type of project;
b. Documents required from developers; and
c. Review and hearing procedures, if any.
20. If a PD incorporates by reference any provision of this title, this shall be specifically stated in the PD. Reference may be made only to the most current version of this title in effect at the time a permit is issued; the PD may not be used to "vest" standards in this title in effect at the time of the PD’s approval.
21. A zoning code consistency analysis which identifies and describes all proposed inconsistencies with this title.
22. Inclusionary housing plan that meets the requirements of section 17.50.050 of this title and the city of Greenfield’s inclusionary housing ordinance.
23. Specific calculations and justifications for density bonus and density incentive provisions (if applicable).
F. Findings: Prior to adopting or amending a PD, the city council shall make the following findings:
1. That the proposed PD is consistent with the goals, policies, and objectives of the general plan.
2. That average density for the development does not exceed that allowed under the general plan for the site and the PO is designed in a manner that efficiently utilizes the density of the project site.
3. That the development proposed using the PO process provides park space above and beyond any required open space or buffers at a minimum ratio of 3.9 acres of park per one thousand (1,000) development residents using the most recent city of Greenfield population per household data published by the county of Monterey, whereas the 3.9 acres of park space requires a minimum of two (2) acres of community parks, 1.5 acres of neighborhood parks, and 0.4 acre of open space or greenbelt. Alternatively this could be paid via in lieu park fees, except for developments of fifty (50) dwelling units or more, which shall provide park space rather than in lieu fees.
4. That park space, as required, is planned as an integral and organizing amenity with equal status and priority as other land uses and that remainder, irregular parcels are not selected for park locations.
5. That centrally located open space is provided above and beyond park space, in an amount that allows for passive recreation uses and pedestrian interconnections to other parts of the PD and the surrounding transportation network (streets, bike paths, sidewalks, etc.). In lieu fees shall not satisfy this requirement, although higher density development, infrastructure and quality of life amenities such as substantial increases in water efficiency, energy efficiency, alternative transportation amenities, or on site meeting and recreational facilities not otherwise required may modify the required amount of open space to a level that is appropriate for the project site.
6. That the PD complies with the requirements of chapter 17.55, "Resource Efficiency", of this title.
7. That the proposed PD provides significant amenities and/or significant benefits to the development’s residents and to the community that could not be provided using the standard zoning provisions in this title.
B. That all uses in the PD conform to the area, lot, and yard regulations normally required for such uses, except where the development and city will be improved by a deviation from such regulations.
9. That the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of the public.
10. That the proposed PO meets all the requirements set forth in this section.
G. Creation Of PD References On The Zoning Map: When a planned development has been established, it shall be included on the city’s official zoning map. An identifying project number shall be designated, on the official zoning map, immediately following the symbol "PD". Such identifying serial numbers shall refer to project file(s) which apply to the numbered planned development.
H. Issuance: No PD that has been approved by the city council shall be issued prior to the expiration of a ten (10) day appeal period, as set forth in this code or the final action on an appeal to the city council. (Ord. 473 §3, 2007)
17.16.090 Planned Developments--Revocation--Expiration:
A. Revocation: In the event the conditions of a PD permit have not been, or are not being, complied with, the planning department shall give the permittee notice of intention to revoke the PD permit at least ten (10) days prior to a city council review thereon. After the conclusion of the review, the city council may revoke the PD permit.
B. Expiration: In the event the project or use for which the PD was granted has not been exercised within the time limit set by the city council, or within one year after the date of the hearing, if no specific time has been set, the PD is deemed to be null and void without further action. (Ord. 473 §3, 2007)
17.16.100 Extensions Of Time For Planned Development Permits:
The planning director may approve extensions of time for PDs. Findings for PD extensions:
A. Such extensions shall be approved only when it is found that the circumstances under which the PD was granted have not substantially changed;
B. Such extensions shall be approved for no more than one year for each extension, and for not more than two (2) years total. (Ord. 473 §3, 2007)
17.16.110 Minor Modifications To Planned Developments:
The planning director may approve minor modifications to an existing PD. Such minor modifications shall be approved only if it is found that the modifications substantially conform with the plans or standards approved by the hearing body; that the intensity of the use is not increased; and that the appearance and function of the total development and the surrounding development will not be adversely affected as a result of such modification. (Ord. 473 §3, 2007)
17.16.120 Planned Developments--Regulations And Requirements:
A. Height Regulations: All uses in the PD shall conform to the height regulations normally required for such uses, except where the total development will be improved by a deviation from such regulations. In any event, each structure shall conform to the precise development plan which is a part of the approved planned development.
B. Lot, Yard, And Area Requirements: All uses in the PD shall conform to the area, lot, and yard regulations normally required for such uses, except where the total development will be improved by a deviation from such regulations. In any event, each structure shall conform to the precise development plan which is a part of the approved planned development.
C. Other Required Conditions: The hearing body may apply additional conditions to the PO to ensure compliance with the intent and purposes of this division. (Ord. 473 §3, 2007)
17.16.130 Zoning Amendments (Text And Map):
A. Purpose: The purpose of a zoning amendment is to allow modification to any provisions of this title (including the adoption of new regulations or deletion of existing regulations) or to change the zoning designation on any parcel(s). This section is consistent with California Government Code section 65853.
B. Approving Authority: The designated approving authority for zoning amendments is the city council. The planning director and planning commission provide recommendations and the city council approves, conditionally approves, or denies the zoning amendment in accordance with the requirements of this title.
C. Initiation Of Amendment: A zoning amendment to this title may be initiated by motion of the planning commission or city council, by application by property owner(s) of parcells) to be affected by zoning amendment, or by recommendation of the planning director to clarify text, address changes mandated by state law, maintain general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.
D. Findings For Zoning Amendment (Text Or Map): Zoning amendments shall be granted only when the city council makes the following findings:
1. The proposed zoning amendment (text or map) is consistent with the general plan goals, policies, and implementation programs;
2. The proposed amendment will have no adverse effects on the public’s health, safety, or welfare.
E. Conditions/Restrictions: When considering rezoning applications, the city council has the authority to impose restrictions on property including the restriction of use.
F. Action/Adoption: City council adoption by ordinance of the zoning amendment shall constitute final action and approval of the amendment. Authorization for construction or occupancy in accordance with the amendment may only be granted upon or after the effective date of the action. (Ord. 473 §3, 2007)
17.16.140 General Plan Amendments (Text And Map):
A. Purpose: The purpose of a general plan amendment is to allow for modifications to the general plan text (i.e., goals, policies, or implementation programs) or to change the general plan land use designation on any parcel(s). This section is consistent with California Government Code section 65358 and applies to the original land use designation of property authorized by LAFCO for annexation in the city boundaries.
B. Approving Authority: The designated approving authority for general plan amendments is the city council. The planning director and planning commission provide recommendations and the city council approves, conditionally approves, or denies the general plan amendment in accordance with the requirements of this title.
C. Frequency Of Amendment: Pursuant to Government Code section 65358, no mandatory element of the general plan may be amended more frequently than four (4) times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the general plan.
D. Initiation Of Amendment: A general plan amendment to this title may be initiated by motion of the planning commission or city council, by application by property owner(s) of parcel(s) to be affected by general plan amendment, or by recommendation of the planning director to clarify text, address changes mandated by state law, maintain internal general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.
E. Findings For General Plan Amendment (Text Or Map) : General plan amendments shall be granted only when the city council makes the following findings:
1. The proposed general plan amendment (text or map) is consistent with the general plan goals, policies, and implementation programs;
2. The proposed amendment will have no adverse effects on the public’s health, safety, or welfare.
3. In the event that a general plan amendment is requested by a private property owner, the applicant shall demonstrate to the city council that there is a substantial benefit to the city to be derived from the amendment.
F. Action/Adoption: Adoption of the general plan amendment by the city council shall constitute final action and approval of the amendment. Authorization for construction or occupancy in accordance with the amendment may only be granted upon the effective date of the action. (Ord. 473 §3, 2007)
17.16.150 Prezoning:
A. Purpose: The purpose of prezoning is to establish the designation of land use by zoning district for unincorporated property adjoining the city. This section is consistent with California Government Code section 65859.
B. Procedure: The procedure, review, and action are the same as that established for a zoning code amendment pursuant to section 17.16.130, "Zoning Amendments (Text And Map)", of this chapter. (Ord. 473 §3, 2007)
17.16.160 Development Agreements:
A. Purpose: This section is adopted in compliance with the provisions of California Government Code sections 65864 through 65869.5. The city council finds and declares the use of development agreements is beneficial to the public, in that:
1. Development agreements increase the certainty in the approval of development projects thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.
2. Development agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.
3. Development agreements enable the city to plan for and finance public facilities, including, but not limited to, streets, sewers, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.
B. Approving Authority: The designated approving authority for development agreements is the city council. The planning director and planning commission provide recommendations and the city council approves or denies the development agreement in accordance with the requirements of this title.
C. Findings: A development agreement may only be granted when the city council makes all of the following findings:
1. The development agreement is consistent with the general plan objectives, policies, land uses, and implementation programs and any other applicable specific plans.
2. The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole.
3. The development agreement will promote the orderly development of property or the preservation of property values.
D. Approval Of Development Agreement: A development agreement is a legislative act and, if approved, shall be approved by the city council by resolution. The mayor shall execute any development agreement approved by the city council in consultation with the city attorney or special counsel.
E. Recordation And Filing Of Agreement: Within ten (10) days after the effective date of a development agreement or any amendment thereof, the city clerk shall have the agreement or amendment recorded with the county recorder. Additionally, the city clerk shall be the official custodian of the agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, andlor cancellations to the agreement.
F. Amendment Or Cancellation:
1. Either party may propose an amendment to or cancellation in whole or in part of any development agreement. Any amendment or cancellation shall be by mutual consent of the parties. The procedure for proposing and adopting an amendment to, or the canceling in whole or in part of, the development agreement shall be the same procedure for entering into an agreement as set forth in this section.
2. Any amendment to the development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity of use, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design, improvement, construction standards or any other condition or covenant relating to the property, shall not require a noticed public hearing before the parties may execute an amendment to the agreement.
G. Periodic Review: The planning director shall review the development agreement every twelve (12) months from the date the agreement is entered into and provide a written report to the city council. The burden of proof is on the applicant to provide necessary information verifying compliance with the terms of the agreement. The applicant shall also bear the cost of such review in accordance with the fee established by city council resolution. If the planning director finds that any aspect of the development project is not in strict compliance with the terms of the agreement or may warrant consideration by the approving authority(ies), the planning director may schedule the matter before the appropriate approving authority(ies) for review. (Ord. 473 §3, 2007)
17.16.170 Lot Line Adjustments And Lot Mergers:
A. Lot Line Adjustments:
1. Purpose: The purpose of lot line adjustment is to take land from one parcel and add it to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created. This section is consistent with California Government Code section 66412(d).
2. Approving Authority: The designated approving authority for lot line adjustments is the planning director. The planning director approves or denies the lot line adjustments in accordance with the requirements of this title.
3. Findings: A lot line adjustment may only be granted when the planning director makes all of the following findings:
a. The parcels resulting from the lot line adjustment will conform to the local general plan, any applicable specific plan, and zoning and building ordinances.
b. The lot line adjustment will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, or general welfare of the public.
4. Recordation And Filing Agreement: The city shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by section 8762 of the Business and Professions Code.
B. Lot Mergers:
1. Purpose: The purpose of a merger is to take land from one parcel and add it to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created. This section is consistent with California Government Code section 66499.20 3/4.
2. Approving Authority: The designated approving authority for lot mergers is the city council through action of an ordinance. The planning director and planning commission provide recommendations and the city council approves or denies the lot mergers in accordance with the requirements of this title.
3. Findings: A lot merger may only be granted when the city council makes all of the following findings:
a. The parcels resulting from the lot merger will conform to the local general plan, any applicable specific plan, and zoning and building ordinances.
b. The merger will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, or general welfare of the public. (Ord. 473 §3, 2007).