Chapter 17.04
PROCESS
Sections:
17.04.004 Administration and enforcement.
17.04.008 Administrative permits.
17.04.012 Conditional use permits.
17.04.016 Development agreements.
17.04.024 Floodplain development permits.
17.04.032 Nonconforming uses, buildings and structures.
17.04.048 Zone changes, prezoning, and amendments.
17.04.004 Administration and enforcement.
A. Administration. This title shall be administered by the planning officer who shall forward applications and appeals as required to the planning commission and city council.
B. Interpretations. The interpretation and application of this title shall be in a manner consistent with HMC 17.01.040. In the event of a difference or conflict between the text of this title and the zoning districts shown on the official zoning map, the designations on the map shall govern. In the event public streets or alleys or public property are vacated or abandoned or become private property or are leased for private use, this property shall be classified by the planning commission at the time of change of status. In the event that any public property is not indicated as being zoned on the zoning map, it shall not be used for private purpose until it has been classified as to zone.
1. Additions Authorized. Land uses not listed as allowed as of right or allowed with a use permit in Table 17.02.032 shall not be permitted unless otherwise allowed by subsection (B)(2) of this section.
2. Findings. No such use shall be determined to be permitted, accessory or conditional unless the applicable provisions of this title dealing with the subject zone reasonably allow the planning officer to make the required findings in HMC 17.02.004(G) or, upon appeal, reasonably allow the planning commission or city council to make the required findings.
3. Zoning Boundary Lines. The city council, upon recommendation of the planning commission and after notice to the owners of the affected properties, may interpret the zoning maps and make minor adjustments in the zone boundaries in such a way as to carry out the objectives and purposes of these regulations.
C. Enforcement.
1. It shall be the duty of the building inspector to enforce any portion of this title relative to building construction, and it shall be the duty of the planning officer and the planning commission to enforce all other provisions of this title. No oversight or dereliction on the part of the building inspector, planning officer, or any authorized assistants of any official or employee of the city vested with the duty or authority to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any provision of this title. Any permit or license so issued shall be null and void.
2. In the event any person, firm or corporation should erect, construct, move or alter any building or structure in violation of any provision of this title, or make any use of any property in a manner contrary to the provisions of this title, such action or use shall be, and the same is declared to be, unlawful and a public nuisance.
3. When a violation of this title occurs or is alleged to have occurred, any person may file a written or oral complaint with the planning officer. Action or proceedings for the abatement, removal, and enjoinment thereof shall immediately commence as provided for in this section, or in accordance with other enforcement provisions set forth in the Hughson Municipal Code.
4. Any person, firm or corporation violating any provisions of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 1.12 HMC.
D. Appeals Process. When this title provides for an appeal of an action, the appeals process shall be as follows:
1. Appeal of Planning Officer Actions to Planning Commission.
a. Notice of Appeal. If the applicant or any other affected person is dissatisfied with a decision made by the planning officer, such person may appeal to the planning commission. Planning officer decisions which may be appealed include determinations on the meaning or applicability of the provisions of this title, determinations that an application or submittal information is incomplete pursuant to California Government Code Section 65943, and any decision to approve or disapprove a zoning clearance, minor variance or administrative permit. Any such appeal must be in writing, stating the specific reasons for the appeal and the grounds asserted for relief. The appeal must be filed with the planning officer no later than 10 calendar days after the date of the action being appealed, along with the filing fee, as established by the city council. The appeal shall include all information deemed necessary by the planning officer, who shall review it for completeness and notify the appellant if additional information is required. If the appeal is not filed within 10 days or by a specified date exceeding 10 days, the appeal will not be reviewed.
b. Hearing. At its next regular meeting after the filing of the appeal, the planning commission shall set a date for a public hearing, which shall occur within 60 days from the date of receipt of the request for appeal. Notice of the hearing shall be given as provided in subsection F of this section. The planning commission’s decision shall be based solely on facts and information relevant to the subject appeal.
c. Planning Commission Action. At the conclusion of the public hearing, the planning commission shall grant or deny or conditionally grant the appeal. A copy of the written decision, findings and conditions shall be provided to the appellant and the project applicant within 10 days of the action taken.
2. Appeal of Actions to City Council.
a. Notice of Appeal. If the applicant or any other affected person is dissatisfied with decision made by the planning commission pertaining to the provisions contained in this title, such person may appeal to the city council. Any such appeal must be in writing, stating the specific reasons for the appeal and the grounds asserted for relief. The appeal must be filed with the planning officer no later than 10 calendar days after the date of the action being appealed, along with the filing fee, as established by the city council. The appeal shall include all information deemed necessary by the planning officer, who shall review it for completeness and notify the appellant if additional information is required. If the appeal is not filed within the time or in the manner prescribed, the appeal will not be reviewed.
b. Hearing. At its next regular meeting after the filing of the appeal, the city council shall set a date for a public hearing, which shall occur within 30 days from the date of receipt of the request for appeal. Notice of the hearing shall be given as provided in subsection F of this section.
c. City Council Action. At the conclusion of the public hearing, the city council may grant, deny or conditionally grant the appeal. A copy of the written decision, findings and conditions shall be provided to the appellant and the project applicant within 10 days of the action taken. The decision of the city council shall be final. The city council’s decision shall be based solely on facts and information relevant to the subject appeal and whether the planning commission acted properly in its decision.
E. Limitation on Time for Challenging Decisions. Any action or proceeding to attack, review, set aside, void, or annul any decision made pursuant to this title, or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, shall be subject to the limitation contained in Government Code Section 65009, as it is now amended.
F. Public Notice and Hearings.
1. Public Notice. Notice of a public hearing before planning commission or city council shall be given in accordance with California Government Code Section 65090 et seq., and as follows:
a. Content. In addition to any other information required by law, notice of a public hearing shall include, but not be limited to: the date, time and place of the hearing; the name of hearing body; a general explanation of the matter to be considered; and a description of the location of the real property that is the subject of the hearing. If a proposed negative declaration, a final environmental impact report, or any other appropriate environmental document has been prepared for the project pursuant to California Environmental Quality Act (CEQA), the hearing notice shall include a statement that the hearing body will also consider approval/certification of such document(s).
2. Method of Notice Distribution.
a. Notice shall be published at least once in a local newspaper of general circulation in the city, at least 10 days before the hearing; and
b. Notice shall be mailed or delivered at least 10 days before the hearing to:
i. The owner(s) of the property being considered, or the owner’s agent, and the applicant;
ii. Each local agency expected to provide water, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;
iii. All owners of real property, at the address as shown on the city’s latest equalized assessment roll, within 300 feet of the property which is the subject of the hearing; and
iv. Any person who has filed a written request for notice with the planning officer.
c. If the number of property owners to whom notice would be mailed is more than 1,000, the director may choose to provide an alternate notice through the placement of at least a one-eighth page display advertisement in a local newspaper of general circulation within the city.
d. Failure to Receive Notice. Failure of any person to receive notice required to be given in compliance with this chapter shall not affect the validity of the hearing or any action taken.
e. Additional Notice. In addition to the types of notice required by subsection (F)(2)(b) of this section, the planning officer may provide any additional notice with content or using a distribution method as the planning officer determines is necessary or desirable.
3. Hearings. Public hearings shall provide an opportunity for the public to provide testimony and shall be conducted as required by the Ralph M. Brown Act (Government Code Section 54950 et seq.). (Ord. 08-06 § 1, 2008)
17.04.008 Administrative permits.
A. Purpose. The purpose of this section is to provide a process whereby permits for specific land uses, buildings or structures can be issued as a ministerial function based on the specifications in this title, rather than through a legislative action.
B. Application Required. Actions shall be required to obtain an administrative permit as specified elsewhere in this title, including but not limited to:
1. Allowed Uses. Permits for uses identified as requiring an administrative permit in Table 17.02.032.
2. Temporary Uses. Permits for temporary uses are required as described in HMC 17.03.088.
3. Home Occupations. Permits for moderate-impact home occupations are required as described in HMC 17.03.044.
4. Tree Trimming or Removal. Permits for tree trimming or removal are required as described in HMC 17.03.092.
C. Application Requirements.
1. Application for an administrative permit shall be made in a form prescribed by the planning officer and accompanied by a fee established by resolution of the city council. If the applicant does not own the property for which a permit is requested, the application shall be accompanied by a letter of permission from the owner of the property.
2. Fee. The filing and investigation fee shall be as prescribed by city council resolution.
D. Review by Planning Officer. Within five days of deeming the application complete, the planning officer shall distribute the application materials to all city departments. City departments shall submit any comments on the application within 14 days after the application materials are distributed.
E. Approval or Disapproval by Planning Officer. The planning officer may issue an administrative permit only upon finding that the proposed use or structure complies with all applicable standards and regulations contained in the Hughson Municipal Code.
F. Notice Procedure. Notification of administrative permits shall be given in accordance with the provisions of this subsection.
1. Owner. Notice of the application shall be mailed to the owner of the subject real property, or the owner’s duly authorized agent, and to the project applicant.
2. Local Agencies. Notice of the application shall be mailed to each local agency expected to provide water, sewage disposal, streets, roads, schools, parks, or other essential facilities or services to the project.
3. Other Landowners. A notice of the application shall be mailed to all owners of real property, as shown on the latest tax rolls, within 300 feet of the perimeter of the property.
4. Large Number of Landowners. In the event the number of owners to whom notice would be sent is greater than 1,000, alternative notice may be given in the form of a one-eighth page or larger display advertisement placed in a newspaper of general circulation in the affected area.
5. Interested Parties. Notice of the application shall be mailed to any person who has filed a written request for notice with the city of Hughson.
6. State Law. Additional notification shall be given as required by state law.
7. Additional. Additional notification may be given as deemed necessary by the director of community development.
8. Mailing. Notice of the application shall be given by United States Mail and shall be mailed at least 10 calendar days prior to any action on the application.
G. Effective Date. The administrative permit shall become effective after the notice of permit approval has been posted on site for the required 10-day appeal period.
H. Enforcement. The planning officer may revoke any administrative permit that has been granted pursuant to the provisions of this section upon finding any of the following:
1. Any of the terms or conditions of the permit have been violated;
2. A law, including any requirement in this title, has been violated in connection with the permit; or
3. The permit was obtained by fraud.
I. Appeals Process. Appeals to the planning officer’s actions shall follow the process described in HMC 17.04.004(D). (Ord. 11-05 § 2, 2011; Ord. 08-06 § 1, 2008)
17.04.012 Conditional use permits.
A. Purpose. Conditional use permits provide an opportunity to review the location, site development or conduct of certain land uses, activities and structural features that generally have a distinct impact on the area in which they are located or are capable of creating special problems for bordering properties unless given careful attention. Use permits may be granted by the planning commission under the provisions of this section.
B. Application Required. A conditional use permit shall be required for all uses listed as conditional uses in this title, including but not limited to:
1. Allowed Uses. Permits for uses identified as requiring a conditional use permit in Table 17.02.032.
2. Adaptive Reuse. Permits for adaptive reuse are required as described in HMC 17.03.040.
3. Mobile Homes. Permits for mobile homes are required as described in HMC 17.03.052.
4. Parking. Permits for parking are required as described in HMC 17.03.060.
C. Application Requirements.
1. Filing. Application shall be made in writing by the property owner or his or her authorized agent on forms provided by the planning officer. The application shall include all of the information deemed necessary by the planning officer.
2. Fee. The filing and investigation fee shall be as prescribed by city council resolution.
D. Procedure. The planning commission shall hold a public hearing on any proposed conditional use permit. Notice of the hearing shall be given in accordance with HMC 17.04.004(F). Failure to receive the notice required by this section shall not invalidate the action of the planning commission.
E. Approval or Disapproval by Planning Commission.
1. The planning commission may approve, conditionally approve or deny an application for a conditional use permit. In authorizing a conditional use, it may impose requirements and conditions as deemed necessary for the protection of adjacent properties and the public interest, when reasonably related to the use of the property. Before granting any conditional use permit, the planning commission shall be satisfied that the proposed structure or use conforms to the requirements and the intent of this title and the general plan. If the proposed use includes the construction of any new buildings or structures, the planning commission shall establish a timeline within which the construction shall be completed.
2. Expiration.
a. A conditional use permit shall become null and void without further action in the event the planning commission finds that the approved use has not been established within one year. If circumstances have not changed, the planning commission may, upon written request of the permittee, extend the approval of a conditional use permit once for up to one additional year, with the same conditions of approval. The written request must be filed with the city 45 days prior to the expiration of the use permit. For the purposes of this section, “established” shall mean the issuance of building permits.
b. A conditional use permit shall become null and void if the use has remained vacant for more than six months.
c. Planned Unit Developments. For conditional use permits approved concurrently with a planned unit development application, the planning commission shall establish a timeline with specified dates by which specified phases of development shall be completed. Failure to comply with this timeline will render the conditional use permit null and void.
d. Whenever any use of land, building or premises established under a conditional use permit is discontinued for a period of six months or more, it shall be unlawful to reestablish such use unless a new conditional use permit is approved in accordance with the provisions of this section.
F. Issuance. No conditional use permit which has been approved by the planning commission shall be issued prior to the expiration of the appeal period as set forth in HMC 17.04.004(D) or the final action on an appeal to the city council.
G. Enforcement. Where the conditions of a conditional use permit have not been, or are not being, complied with, or where the use to which the permit applies has been, or is being, conducted in a manner detrimental to the public health, safety and general welfare, the planning officer or building department shall give the permittee written notice of an intent to revoke the permit. The planning commission will review the matter at a public meeting. The permit holder shall be notified of this hearing no less than 10 days prior to the hearing date. At the conclusion of its review, the planning commission may revoke the permit. Alternately, the planning commission may modify the permit if the grounds which would otherwise justify revocation can be corrected or cured by new or additional conditions.
H. Appeals Process. Appeals follow the process described in HMC 17.04.004(D). (Ord. 08-06 § 1, 2008)
17.04.016 Development agreements.
A. Purpose. The purpose of this section is to implement the provisions of state law (Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing with Section 65864 of the Government Code). This section is intended to provide guidance for the city and for landowners when they choose to enter into a development agreement and includes procedures and minimum requirements for the review, consideration, approval, and modification of development agreements upon application by, or on behalf of, property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement.
B. Annexation.
1. Agreements for Unincorporated Areas. The city may enter into a development agreement with any person having a legal or equitable interest in real property in an unincorporated area within the city’s sphere of influence, or their legal representative. However, the agreement shall only become effective upon the recordation of the local agency formation commission (LAFCO) certificate of completion annexing the property into the city. If the annexation is not completed within the time specified in the agreement, or any extension of the agreement, the agreement shall be deemed void.
2. Agreements with the County. Any development agreement which has been entered into by the county before the effective date of the annexation and which meets the requirements of state law (Government Code Section 65865.3) shall:
a. Remain valid for the duration of the agreement, or eight years from the effective date of annexation, whichever first occurs. The holder of the agreement and the city may, by mutual consent, extend the life of the agreement up to 15 total years from the effective date of the annexation; or
b. Be subject to modification or suspension by the city of the provisions of the agreement if the city determines that failure to do so would place the residents of the subject property and/or the residents of the city in a condition which is dangerous to their health or safety, after a noticed hearing in compliance with HMC 17.04.004(F).
C. Initiation. A development agreement may be initiated in the following manner:
1. City Council. By the city council with referral to the planning commission; provided, that the person having a legal or equitable interest in the property or their legal representative has provided a written statement of consent;
2. Planning Commission. By an affirmative vote of the planning commission, provided the person having a legal or equitable interest in the property or their legal representative has provided a written statement of consent; or
3. Property Owner. By the property owner or their legal representative, provided ownership can be demonstrated to the satisfaction of the planning officer.
D. Application Requirements. A development agreement application shall include the information deemed necessary by the planning officer and shall be accompanied by a fee set by the city council by resolution.
E. Planning Officer Review. The planning officer shall review the development agreement for completeness and shall request review by the city attorney and other departments within the city. The planning officer shall prepare a report summarizing the results of his or her review and that of the other departments and forward it to the planning commission and the applicant. The planning officer shall ensure that all applications related to the same development are scheduled for concurrent hearings to the extent practicable.
F. Planning Commission Review. The planning commission shall hold a public hearing, which shall be noticed according to HMC 17.04.004(F) to review the development agreement and shall recommend approval, approval with modifications, or disapproval to the city council, based on the findings in subsection H of this section. The planning commission’s report shall be made in writing.
G. City Council Approval or Disapproval. The city council shall hold a public hearing, which shall be noticed according to HMC 17.04.004(F) to review the development agreement and the recommendations of the planning commission. It may not approve the development agreement unless it can make the findings in subsection H of this section. The development agreement shall be adopted by ordinance.
H. Findings. It is the responsibility of the applicant to establish evidence in support of the required findings. The development agreement shall:
1. Be in the best interests of the city;
2. Comply with this development code and other applicable ordinances and regulations;
3. Be consistent with the general land uses, objectives, policies, and programs of the general plan and any applicable specific plan;
4. Not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare;
5. Comply with the conditions, requirements, restrictions, and terms of this section; and
6. Comply with the provisions of the California Environmental Quality Act (CEQA).
I. Execution and Recordation.
1. Execution. If the applicant has not executed the development agreement and returned the executed agreement to the city clerk within 30 days following the date of the city council decision to approve the agreement, the development agreement application shall be deemed withdrawn. If this occurs, the city council shall not adopt the ordinance and the city manager shall not execute the agreement. The council may extend the 30-day period if a written request is filed before the expiration.
2. Effective Date. If approved by ordinance of the council, the development agreement shall become effective upon notarized execution by the authorized representatives of all parties, but no sooner than the thirtieth day following the date the public decision is rendered by the city council, or after any appeals filed have been acted upon, whichever is later.
3. Mutual Consent. A development agreement may be executed only on the mutual consent of each party to the agreement.
4. Other Permits or Entitlements. The provisions of this section shall not be interpreted to prohibit the planning officer, planning commission, or city council from conditioning the approval of other discretionary permits or entitlements after the execution of a development agreement, where the conditions are otherwise authorized by law.
5. Recordation. A development agreement shall be recorded by the city clerk with the county recorder’s office no later than 10 days after it is executed, in compliance with state law (Government Code Section 65868.5). Any cost for recordation shall be paid by the applicant.
J. Periodic Review.
1. Subject to Periodic Review. Every development agreement, approved and executed in compliance with this section, shall be subject to periodic review of the applicant’s compliance with the agreement, by the planning commission, during the full term of the agreement, as specified in the agreement, but in no case less frequently than once every 12 months. Fees set by the city council by resolution shall be collected from the applicant.
2. Purpose of Review. The purpose of the periodic review shall be to determine whether the applicant and/or the successor(s)-in-interest has complied in good faith with the terms and/or conditions of the development agreement. The burden of proof shall be on the applicant and/or the successor(s)-in-interest to demonstrate compliance to the full satisfaction of, and in a manner specified by, the city.
3. Result of Review. If, as a result of a periodic review in compliance with this section, the planning commission finds and determines, on the basis of substantial evidence, that the applicant and/or the successor(s)-in-interest, as applicable, has not complied in good faith with the terms or conditions of the agreement, the planning officer shall notify the applicant and/or their successor(s)-in-interest of the findings by certified mail. The notification shall state that failure to comply within a period specified, but in no event less than 30 days, may result in legal action to enforce compliance, termination, or modification of the development agreement.
4. Duty of the Applicant. It is the duty of the applicant and/or the successor(s)-in-interest to provide evidence of good faith compliance with the agreement to the planning commission’s satisfaction at the time of the review. Refusal by the applicant and/or the successor(s)-in-interest to provide the required information shall be deemed grounds for termination of the development agreement.
5. Modification or Termination of the Agreement. If, at the end of the time period established by the planning officer, the applicant and/or the successor(s)-in-interest has failed to comply with the terms of the agreement:
a. Planning Commission’s Notification. The planning commission shall notify the city council of its findings, recommending action as it deems appropriate.
b. City Council’s Action. If the planning commission reports a violation of a development agreement, the city council may take one or more of the following actions:
i. Approve the recommendation of the planning commission instructing that appropriate action be taken in cases other than a recommendation to terminate or modify an agreement;
ii. Refer the matter back to the planning commission for further proceedings with or without instructions; or
iii. Schedule the matter for hearing before the city council where termination or modification of an agreement is recommended. The conduct of the hearing shall be in compliance with HMC 17.04.004(F).
K. Modification or Termination. A development agreement may be modified or terminated, in whole or in part, by mutual consent of all parties to the agreement or the successor(s)-in-interest in compliance with state law (Government Code Section 65868).
L. Compliance.
1. Performance Guarantees. The applicant/owner shall provide adequate performance security for the faithful performance of the implementation of a portion(s) of the agreement if the planning officer determines any such portion(s) may be implemented at a later specified date.
2. Interpreting the Provisions. A recorded development agreement and any terms, conditions, maps, notes, reference, or regulations which are a part of the development agreement shall be considered enforceable elements of the municipal code. In interpreting the provisions of any development agreement entered into in compliance with this division, those provisions shall be read to fully effectuate, and to be consistent with, the language of this section, state law (Article 2.5 of the Government Code, commencing at Section 65864), and the agreement itself.
3. Apparent Discrepancies. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents in the following order:
a. The plain terms of the development agreement itself;
b. The provisions of this section; and
c. The provisions of state law (Article 2.5 of the Government Code, commencing at Section 65864).
M. Enforcement.
1. Enforceability. Unless and until amended or canceled, in whole or in part, in compliance with subsection K of this section, a development agreement shall be enforceable by any party to the agreement, notwithstanding any change in the general plan or any applicable specific plan, zoning, subdivision, or building regulations adopted by the city which alters or amends the rules, regulations, or policies specified in the development agreement.
2. Injunctive Relief. If the city council finds that significant public harm would result from noncompliance with the terms and conditions of a development agreement by the applicant or successor(s)-in-interest and further finds that the potential harm to the public outweighs any potential harm to the applicant or their successor(s)-in-interest so that injunctive relief is the most appropriate way to protect against public harm, the city may, in addition to any other remedy or relief provided by law, enforce an adopted development agreement and any of its terms by a temporary, preliminary, or permanent injunction issued by a court of competent jurisdiction.
N. Benefits and Burdens to Successors. The burden of a development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successor(s)-in-interest to the parties to the agreement. (Ord. 08-06 § 1, 2008)
17.04.020 Development review.
A. Purpose. Development review is intended to promote orderly, attractive, and harmonious development, recognize environmental limitations on development, stabilize land values and investments, and promote the general welfare. The development review process aims to achieve these goals by preventing uses or structures which would not meet the specific intent, clauses or performance standards of this title or which would not properly relate to their sites, surroundings, traffic circulation, or environmental setting. Applicants should refer to the provisions of this section, the city of Hughson design expectations manual related to single-family residential development, and any other design documents adopted by resolution of the city council. The city council reserves the right to adopt additional design expectations or guidelines by resolution.
B. Application Required.
1. Building Permit. Development review shall be required for all development projects requiring a building permit except for the following:
a. Interior building renovations that do not expand the building envelope or add more than 10 percent of the floor area of the structure.
b. Repair and maintenance of parking structures or areas.
2. Other Projects. The following projects shall at all times require development review:
a. Conversion of single-family dwellings to nonresidential uses, including offices, retail stores and bed and breakfast establishments.
b. Conversion of apartments, office, commercial or industrial buildings into condominiums.
c. Any project involving an intensification of land use, including conversion of service commercial or industrial uses to a retail commercial use.
3. Historic Buildings. All construction, alteration, remodeling, reconstruction and modification of historic buildings or structures as defined by HMC 17.03.040 shall be subject to development review as provided in this section, except that consideration shall also be given to the guidelines in HMC 17.04.040(G).
4. Representative Samples. For any residential development, the design of detached single-family dwelling units may be evaluated on the basis of representative examples; provided, that the design of all such dwelling units conforms substantially to the examples.
5. In Advance of Construction Plans. Development review shall occur prior to the approval of construction plans required for the issuance of a building permit, and applicants must provide evidence that review has been completed and modifications or conditions that result from development review have been incorporated into the building permit plans. Construction or installation of improvements shall be completed pursuant to an approved site plan prior to the issuance of a building occupancy permit.
C. Application Requirements.
1. Filing. Application shall be made in writing by the property owner or his or her authorized agent on forms provided by the planning officer. Applications shall include the following information:
a. Completed and signed application form including name, address and telephone number of applicant.
b. Application fee as established by resolution of the city council.
c. A copy of all entitlements granted for the property by the city, including conditions of approval and the environmental documentation.
d. A copy of all required state and federal permits.
e. Site plan.
f. Building design plans, including floor plans and elevations.
g. Material samples and color board.
h. A self-certification checklist.
i. Other material and information as requested by the planning officer or by the planning commission.
2. Fee. The filing and investigation fee shall be as prescribed by city council resolution.
D. Decision-Making Authority. The city of Hughson planning officer shall serve as the development review decision-making authority for exterior modification requiring a building permit to an existing single-family home, or a new single-family home that was not previously reviewed as part of a tentative parcel map, vesting tentative parcel map, tentative subdivision map or vesting tentative subdivision map. All other projects requiring development review subject to subsection B of this section shall be reviewed by the planning commission. The planning commission shall also hear appeals of planning officer development review decisions.
E. Planning Commission Review. The planning commission shall hold a public hearing for any development review application requiring planning commission approval. The planning commission development review hearings shall be noticed in accordance with HMC 17.04.004(F). Failure to receive the notice required by this section shall not invalidate the action of the planning commission.
1. Application Review. The planning officer shall review applications requiring planning commission approval to determine whether the proposal meets the requirements for the zone, and whether more stringent regulations are necessary to guarantee the adequacy and appropriateness of the following:
a. Landscaping.
b. Parking requirements, including type of surface material.
c. On-site and off-site drainage improvements and/or fees.
d. Fencing requirements.
e. Hours of operation.
f. Location and position of uses and buildings on property.
g. Noise level limitations.
h. Access location and encroachment standards.
i. Building design, for buildings subject to the city design expectations or other design documents adopted by the city council.
j. Grading requirements.
k. Signage.
l. Lighting.
m. Historic structures, buildings and sites.
n. Other department or agency requirements.
o. Other requirements deemed necessary and proper to protect the health, safety, and welfare of the residents of the city.
2. Guidance from Third Parties. The planning officer may obtain guidance from third parties, including architects, urban planners and city commissions or other staff, as to whether the application conforms to the requirements of this section. These third parties shall be qualified by reason of their relevant training or experience. Any guidance they provide shall be submitted to the planning commission in writing and included in the planning officer’s report on the application.
3. Report. The planning officer shall prepare a report based on his or her investigation and forward it to the planning commission. The report shall include the planning officer’s recommendation for approval, disapproval or conditional approval.
F. Approval or Disapproval by Planning Officer. All decisions made by the planning officer shall be in writing and mailed to the applicant within 10 days of the decision. The planning officer shall have the authority to approve, conditionally approve, or deny projects. To approve the proposed project, the planning officer must find the application consistent with the findings listed in subsection H of this section.
G. Approval or Disapproval by Planning Commission.
1. Public Hearing. All decisions of the planning commission shall be made at a public hearing, notice of which shall be given in accordance with HMC 17.04.004(F).
2. Special Circumstances. Where adjacent land uses, environmental limitations, topography, or traffic circulation are found to so require, the planning commission may establish more stringent regulations for any given development proposal than those otherwise specified for the zone.
3. Action. The planning commission may approve, conditionally approve, or deny the project based on the recommendation forwarded by the planning officer. To approve the proposed project, the planning commission must find the application consistent with the findings listed in subsection H of this section. A copy of the decision, findings and any applicable conditions shall be mailed to the applicant within 10 days of the action taken.
H. Findings. The planning commission or planning officer shall approve a development review application only if the following findings can be made:
1. The proposed project is consistent with the general plan, any applicable specific plans, any adopted design expectations or design guidelines, and the Hughson Municipal Code.
2. The proposed architecture and site design complements the surrounding neighborhood and/or district.
3. The proposed project is consistent with the general scale of structures and buildings in the surrounding neighborhood and/or district.
I. Issuance. For development review applications which are approved or denied by the planning officer, the planning officer shall render a decision within 30 days of receipt of a completed application, provided he or she is able to make the findings listed in subsection H of this section. For approved applications, the applicant or property owner shall post a notice of development review approval on the subject property in a location readily visible from the adjacent public right-of-way. The notice shall remain in place for 10 calendar days thereafter. The form and content of this notice shall be as required by the planning officer. The development review approval shall become effective after the notice of permit approval has been posted on site for the required 10-day appeal period.
J. Enforcement. The enforcement of this section shall be the responsibility of the planning officer.
K. Expiration. Any development review approval shall expire if a building permit exercising the granted entitlements has not been issued within five years of the effective date of approval. The planning commission may extend the five-year period for not longer than an additional six months upon application in writing being made before expiration of the approval.
L. Appeals Process. Appeals follow the process described in HMC 17.04.004(F). (Ord. 08-06 § 1, 2008)
17.04.024 Floodplain development permits.
Floodplain development permits shall be issued for floodprone areas as provided in HMC 17.03.032. (Ord. 08-06 § 1, 2008)
17.04.028 Grading permits.
Grading permits shall be issued as provided in HMC 17.03.036. (Ord. 08-06 § 1, 2008)
17.04.032 Nonconforming uses, buildings and structures.
A. Purpose. The purpose of this section is to provide for the regulation of nonconforming buildings, structures and uses lawfully existing at the time of adoption of this section and to specify those circumstances and conditions under which those nonconforming buildings, structures, and uses shall be permitted to continue.
B. Continuing Existing Buildings and Uses. Except as hereinafter provided, any use of land, building or structure lawfully existing at the time of the adoption of this section may be continued, even if that use, building or structure may not conform to the provisions of this title of the zone in which it is located.
C. Nonconforming Buildings and Structures.
1. Renovations, Additions and Enlargements. Nonstructural maintenance and repair of a nonconforming structure or building is permitted if repairs do not increase or exacerbate the specific nonconformity. Any structural change to the part of a building or structure which is nonconforming requires planning commission approval of a conditional use permit. To approve the conditional use permit, the planning commission must find the proposal consistent with the requirements of HMC 17.04.012(E) and must be able to make the following additional findings:
a. The existing nonconforming structure has not resulted in a notable negative impact or nuisance to the surrounding properties and district.
b. The applicant has reduced the nonconformities to an extent reasonably practicable.
2. Relocation. A nonconforming building shall not be moved to any other lot or to any other portion of the lot on which it is presently located unless, as a result of the move, the building shall conform to the regulations of the zone in which it will be located after the move.
3. Restoration. Whenever a nonconforming structure is damaged for any reason and the extent of the damage is 50 percent or less of the fair market floor area of the structure, the structure may be restored; provided, that restoration is started within one year of the damage and that the restoration is diligently prosecuted to completion. In the event such damage or destruction exceeds 50 percent of the fair market value floor area of the building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations for new buildings in the zone in which it is located and to the Uniform Building Code. This limitation shall not apply if doing so would decrease the number of low-income rental housing units available in the city.
D. Nonconforming Uses.
1. Extension of Use. Existing structures or premises that are utilized for a nonconforming use may be enlarged, extended, reconstructed or structurally altered only with planning commission approval of a conditional use permit. To approve the conditional use permit the planning commission must find the proposal consistent with the requirements of HMC 17.04.012(E) and must be able to make the following additional findings:
a. The existing nonconforming use has not resulted in a notable negative impact or nuisance to the surrounding properties and district.
b. The nonconforming use will contribute to the social and economic vitality of the district or will otherwise benefit the public health, safety and welfare.
2. Change of Use. The nonconforming use of a building may be changed to another nonconforming use, which, in the opinion of the planning commission, is of the same or of a more restrictive nature. A change of use shall require planning commission approval of a conditional use permit with additional findings specified in subsection (D)(1) of this section.
3. Vacancy. Any nonconforming use of land and/or building or structure which becomes vacant and remains unoccupied for a continuous period of one year shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located.
E. Enforcement. The provisions of this section shall be enforced by the planning officer.
F. Appeals Process. Appeals follow the process described in HMC 17.04.004(D). (Ord. 08-06 § 1, 2008)
17.04.036 Plan lines.
A. Purpose. The purpose of this section is to provide for the establishment of plan lines that will be used for the establishment of future streets or for the extension or widening of existing streets and to ensure that the appropriate setbacks are maintained as properties are developed.
B. Setback Requirements. On any lot where a plan line for a future street or for the extension of an existing street has been established under this section, or is established after the effective date of the ordinance codified in this title, required setbacks for buildings and/or structures as designated by the zone in which the property is located shall be measured from said plan line.
C. Procedure. Proceedings for the establishment of plan lines for future streets or for the extension or widening of existing streets may be initiated before the planning commission.
D. Review by Planning Commission.
1. Public Hearing. A proposal for the establishment of plan lines, accompanied by a description and map, shall be set for a public hearing before the planning commission. Notice of the time and place of the hearing shall be given in accordance with HMC 17.04.004(F).
2. Resolution. The planning commission shall adopt a resolution recommending action by the city council based on the results of its hearing.
3. Building Permits. Between the time of the adoption of a resolution by the planning commission and prior to the time the resolution establishing a future street plan line is acted upon by the city council, no building permit shall be issued for the erection of any building, structure or improvement within said future street plan lines, or between any future street plan line and the appropriate setback line for the zone in which the property is located.
E. Approval or Disapproval by City Council. The city council, upon receipt of a resolution from the planning commission recommending the establishment of said plan lines, shall set the matter for a public hearing. Notice of the time and place of the hearing shall be given in accordance with HMC 17.04.004(F). After the public hearing, the city council may adopt by resolution the proposed plan lines, or any portion thereof, in such form or with such modifications as the city council may deem to be advisable. (Ord. 08-06 § 1, 2008)
17.04.040 Specific plans.
A. Purpose. This section is intended to implement the general plan and the provisions of state law relating to specific plans (Article 8 of Chapter 3 of Division 1 of Title 7, commencing with Section 65450 of the Government Code). It outlines the process by which specific plans shall be prepared, reviewed, and amended, which shall consist at minimum of a description of the overall development pattern, public facilities and capital infrastructure needed, and development standards for the specific plan area.
B. Specific Plan Required. Specific plans shall be prepared if either of the following are true:
1. A specific plan is required by the general plan; or
2. The city council determines that an area would benefit from a focused planning effort.
C. Initiation of Specific Plan. Specific plans may be initiated in any of the following ways:
1. By the city council, based on a recommendation from the planning commission; or
2. By a property owner.
D. Preparation of Specific Plan. The city shall be the lead in preparation of the specific plan, which shall include the information deemed necessary by the planning officer and shall follow the requirements of Government Code Section 65451, and shall include the following at a minimum:
1. Proposed Land Uses. The distribution, location, extent, and timing and phasing of land uses proposed within the area covered by the specific plan, including open space areas;
2. Infrastructure. The proposed distribution, location, extent, and intensity of major components of public and private drainage, energy, sewage, solid waste disposal, circulation/transportation, water, and other essential facilities proposed to be located within the specific plan area and needed to support the proposed land uses;
3. Land Use and Development Standards. Standards, criteria, and guidelines by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;
4. Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;
5. Relationship to General Plan. A discussion of the relationship of the specific plan to the objectives, policies, general land uses, and programs of the general plan; and
6. Additional Information. The specific plan shall contain any additional information determined to be necessary by the planning officer based on the characteristics of the area to be covered by the specific plan, applicable policies of the general plan, a statement of the relationship of the specific plan to the general plan, or any other issue(s) determined by the planning officer to be significant.
E. Fees. Specific plans prepared by the city at the request of a property owner shall be subject to fees set by the city council by resolution, which shall be sufficient to reimburse the city for the costs of preparation and processing of the specific plan.
F. Planning Commission Review. The planning commission shall hold a public hearing, which shall be noticed according to HMC 17.04.004(F), to review the specific plan and shall recommend approval, approval with modifications, or disapproval to the city council, based on the findings in subsection H of this section. The planning commission’s report shall be made in writing.
G. City Council Approval or Disapproval. The city council shall hold a public hearing, which shall be noticed according to HMC 17.04.004(F) to review the specific plan and the recommendations of the planning commission. It may not approve the specific plan unless it can make the findings in subsection H of this section. The specific plan shall be adopted by ordinance, or by resolution of the council, in compliance with state law (Government Code Section 65453) and shall become effective on the thirty-first day following the date the public decision is rendered by the city council.
H. Findings. The specific plan must be:
1. Consistent with the general land uses, objectives, policies, and programs of the general plan and other adopted goals and policies of the city; and
2. In compliance with the provisions of the California Environmental Quality Act (CEQA).
I. Implementation and Amendments.
1. Consistency with Specific Plan. All public works projects, tentative maps or parcel maps, and zoning amendments for an area covered by a specific plan may only be approved if they are first found consistent with the adopted specific plan.
2. Interpretation. The planning officer shall have the authority to interpret the precise language of the specific plan to determine if a proposed use, while not specifically listed as an allowable use, would be consistent with and share the same or similar characteristics of an allowed use, identified in the adopted specific plan.
3. Amendments. An adopted specific plan may only be amended through the same procedure identified by this section for the adoption of a specific plan. (Ord. 08-06 § 1, 2008)
17.04.044 Variances.
A. Purpose. The purpose of this section is to allow variations from the rules, regulations and provisions of this title for properties with special circumstance including but not limited to size, shape, topography, location or surroundings, where the strict application of this title denies the property owner privileges enjoyed by other property owners in the vicinity and under other identical zoning districts.
B. Applicability. A variance shall not be used to:
1. Reduce the minimum lot area required for a new land division such that the project would increase densities above those specified by the general plan; or
2. Waive any other requirement of this title or HMC Title 16 related to general plan consistency and other subdivision map requirements; or
3. Authorize land uses other than those identified as allowed in the particular zoning district, as required by California Government Code Section 65906.
C. Minor Variances. The planning officer shall have review authority over minor variances, which shall include all variances consistent with the requirements of subsection B of this section when the requested adjustments are less than or equal to 10 percent of the particular standard required by this title. To approve the requested minor variance, the planning officer must make the necessary findings as stated in subsection (F)(2) of this section.
D. Application Requirements.
1. Filing. Application for both minor variances and variances shall be made in writing by the property owner or his or her authorized agent, on forms provided by the planning officer and accompanied by the necessary data and information to fully describe the request.
2. Fee. The filing and investigation fee shall be as prescribed by city council resolution.
E. Processing of Minor Variances. The planning officer shall review the application and approve or disapprove of it within 30 days of receipt of a completed application, provided he or she is able to make the findings listed in subsection (F)(2) of this section. Public notice shall be given as required by HMC 17.04.004(F).
F. Processing of Variances. Those applications that do not qualify for processing as a minor variance shall be considered by the planning commission.
1. Public Hearing. Upon the filing of an application for variance, the planning commission shall set the matter for a public hearing, and shall hold a public hearing on any proposed variance. Notice of the hearing shall be given in accordance with HMC 17.04.004(F). Failure to receive the notice required by this section shall not invalidate the action of the planning commission.
2. Approval or Disapproval by Planning Commission or Planning Officer. To approve a proposed variance or minor variance, the planning commission or planning officer must find the proposal to be consistent with the following requirements:
a. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located;
b. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning regulation is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under the same zone classification;
c. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or the zone in which the subject property is located;
d. That the granting of such variance will be in conformity with the general purpose and intent of this title and the general plan; and
e. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.
G. Issuance. No variance which has been approved by the planning commission shall be issued prior to the expiration of the appeal period as set forth in HMC 17.04.004(D) or the final action on an appeal to the city council.
H. Expiration. Any variance granted or approved by the planning commission involving the erection, alteration, or enlargement of a building or structure for which a building permit is required is null and void after the expiration of one year from the date the variance is granted unless the applicant obtains a building permit by that time and thereafter the time provisions of the building permit so secured shall prevail. The planning commission, for good cause shown, may extend the one-year period for not longer than an additional six months upon application in writing being made before expiration of the variance.
I. Appeals Process. Appeals shall follow the process described in HMC 17.04.004(D). (Ord. 08-06 § 1, 2008)
17.04.048 Zone changes, prezoning, and amendments.
A. Purpose. The purpose of this section is to provide processes for modifying the provisions of this title, where permitted, by changing or supplementing the regulations, or by changing the zoning of property whenever the public necessity, convenience and general welfare require such amendments.
B. Initiation. Amendment of this title or modification to the zoning of property may be initiated by a resolution of intention by the city council based on referral from the planning commission or by an application of affected property owners or authorized agents of such owners, except where specified otherwise in this section.
C. Rezoning.
1. Application. Application for rezoning shall be made in writing on forms provided by the planning officer and accompanied by such data and information as may be prescribed for that purpose. The filing and investigation fee shall be as prescribed by city council resolution. A rezoning may also be initiated by the city council.
2. Procedure. The following is the procedure for rezoning property:
a. Planning Commission Review. The planning commission shall hold a public hearing on any proposed rezoning following the noticing requirements in HMC 17.04.004(F).
b. Planning Commission Review. After the public hearing, the planning commission shall render its decision in the form of a written recommendation to the city council. If, from the facts presented at the public hearing, the planning commission is satisfied that the proposed change conforms to the general plan, any applicable specific plans, and the findings required in subsection F of this section, the planning commission may recommend such change to the city council.
c. City Council Review. Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing on the proposed rezoning; provided, however, if the planning commission has recommended against the proposed rezoning, the city council shall not be required to take any further action thereon unless an interested party makes a written request within five days of the planning commission decision. Notice of the time and place of the city council hearing shall be given in the time and manner provided for in HMC 17.04.004(F).
d. City Council Action. The city council may approve, modify or disapprove the recommendation of the planning commission. To approve the proposed rezoning, the city council shall make the required findings specified in subsection F of this section. Any modification of the rezoning by the city council not previously considered by the planning commission during its hearing shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within 40 days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification.
e. Withdrawal of Petition. The planning commission or the city council may permit the withdrawal of any application filed under the provisions of this section. The planning commission or the city council may abandon any proceedings for a rezoning initiated by it; provided, that such abandonment may be made only when such proceedings are before such body for consideration; and provided further, that any hearing shall be held for which public notice has been given.
f. Renewal of Application. If an application for rezoning is denied by either the planning commission or the city council, another application for change to the same zoning district shall not be filed within a period of one year from the date of denial, except upon the initiation of the city council, or with the permission of or upon the initiation by the planning commission after a showing of a change of circumstances which would warrant a renewal.
g. Building Permits. No official action such as the issuance of a building permit, license or other type of permit shall be taken while an appeal or proceeding for a rezoning is pending.
D. Prezoning.
1. Purpose. Unincorporated territory adjoining the city may be prezoned for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city.
2. Application.
a. Application for prezoning shall be made in writing on forms provided by the planning officer and accompanied by such data and information as may be prescribed for that purpose. The filing and investigation fee shall be as prescribed by city council resolution. A prezoning may be initiated by the planning commission or the city council.
b. Applicants may enter into development agreements with the city prior to annexation, pursuant to the requirements of HMC 17.04.016 and Government Code Chapter 4, Article 2.5.
3. Procedure. Prezoning applications shall be processed as provided in subsection C of this section for rezoning. To approve the proposed prezoning, the city council shall make the required findings specified in subsection E of this section, along with the following additional findings:
a. The prezoning is for an area that is logical for annexation; and
b. Sufficient public utilities with the capacity to serve new development exist in the vicinity or the applicant can demonstrate how sufficient public utilities will be provided if they do not exist at the time of approval.
4. Effective Date. Such prezoning shall become effective at the same time the annexation becomes effective.
E. Findings. For the subsections in this section, the following findings must be made to approve any changes:
1. The action is consistent with the general plan or any applicable specific plan;
2. The action will not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and
3. The site is suitable for the requested land uses, if applicable. (Ord. 08-06 § 1, 2008)
17.04.052 Zoning clearances.
A. Purpose. A zoning clearance verifies that a proposed structure or use meets all of the requirements of this title that apply to that structure or use, including but not limited to development standards and uses or structures allowed as of right.
B. Application Required.
1. When any provision of this title indicates that a zoning clearance is required for a specified use, the zoning clearance shall be obtained before the city issues any building, grading or construction permit, or any other required authorization, for the proposed use. If no other city authorization is required, the zoning clearance shall be obtained before the use is established.
2. Except for properties in residential districts that are used exclusively for single-family residential purposes, a new zoning clearance shall be obtained for any change of lessee, operator or owner, even when the change does not alter the use or activity being conducted on the property.
C. Application Requirements. Application for a zoning clearance shall be made in a form prescribed by the planning officer. The application shall be accompanied by any materials that are necessary to verify compliance with this title’s requirements, including but not limited to site plans and written descriptions of the proposed uses and activities, as well as any fee established by resolution of the city council.
D. Approval or Disapproval by Planning Officer. The planning officer shall approve the zoning clearance upon verifying that the proposed structure or use complies with all applicable requirements of this title.
E. Issuance. A zoning clearance may be issued as a stamp or seal of approval on a set of building plans, a signature on a city approval document, or in another form approved by the planning officer. (Ord. 08-06 § 1, 2008)