Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.010 Purpose – Authority.
17.04.020 Suitability considered.
17.04.030 Conflicting regulations.
17.04.050 Less restricted uses in more restrictive districts.
17.04.060 Administrative procedures.
17.04.065 Alternate setting of hearing procedures.
17.04.080 Acceptance of applications.
17.04.090 Conditions of approval.
17.04.100 Processing procedures.
17.04.110 After-the-fact applications.
17.04.010 Purpose – Authority.
In order to provide the economic and social advantages resulting from an orderly planned use of land resources and to conserve and promote the public interest, health, comfort, and convenience of the city and its inhabitants, and to preserve the public peace, safety, morals, order, and general welfare of the city and its inhabitants, there is adopted and established this zoning code and PVEMC Title 18, adopted pursuant to Article XI, Section 7, of the constitution of the state of California and in compliance with the requirements of Cal. Gov. Code Title 7, Planning and Zoning Law. This zoning code and PVEMC Title 18 are intended to provide the legislative framework to enhance and implement the goals, policies, plans, principles and standards of the general plan. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 84 § 1.1, 1948)
17.04.020 Suitability considered.
It is declared that in the creation by the ordinance codified in this title and PVEMC Title 18 of the respective zones, districts and other regulations set forth in this title and PVEMC Title 18, the city council has given due and special consideration to the peculiar suitability of each and every such zone, district and regulation in this title and PVEMC Title 18 established for the particular uses enumerated therefor, the conservation of property values and the most appropriate use of land throughout the city, in the unincorporated area of the county, and in the incorporated areas of adjoining municipalities. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 84 § 1.2, 1948)
17.04.030 Conflicting regulations.
Nothing in this title shall be interpreted to authorize the use of a lot, parcel, or structure in any way that is a violation of any other applicable statute, code or regulation. Wherever any provision of this title and PVEMC Title 18 imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other law, ordinance, restrictions or covenant, then the provisions of this title and PVEMC Title 18 shall govern. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 84 § 4.1, 1948)
17.04.040 Conformity.
No building or land or any portion thereof shall, after the effective date of the ordinance codified in this title and PVEMC Title 18, be erected or used except in conformity with the provisions of this title, PVEMC Title 18 and all other relevant provisions of the general plan and the code. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 84 § 4.2, 1948)
17.04.050 Less restricted uses in more restrictive districts.
The express enumeration and authorization in this title and PVEMC Title 18 of a particular class of building or use in any district shall be deemed a prohibition of such building or use in all more restrictive districts, except as otherwise specified. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 84 § 4.3, 1948)
17.04.060 Administrative procedures.
The director may prescribe, from time to time as the director deems necessary or desirable, rules and regulations appropriate for the implementation of the provisions of this title and PVEMC Title 18. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 529 § 3, 1991)
17.04.065 Alternate setting of hearing procedures.
Notwithstanding any other provision of this title or PVEMC Title 18, the director is authorized to set any entitlement application for a public hearing before the planning commission, and the city clerk is authorized to set any entitlement application for a public hearing before the city council. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 524 § 1, 1991)
17.04.070 Filing fees.
A. Every application or filing for any entitlement or request described in this title and PVEMC Title 18 shall be accompanied by the appropriate fees designated in the fee schedule currently in effect as adopted by resolution of the city council. No application or filing shall be deemed complete unless such fees have been paid.
B. The filing fee shall be waived for an application filed by any city, county, district, state or federal government, or agency thereof.
C. The director may refund a filing fee in whole upon the determination that the application was erroneously required or filed. The fee may be refunded pro rata, based on the cost of processing the application, if the application is withdrawn prior to a hearing thereon. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 529 § 4, 1991)
17.04.080 Acceptance of applications.
The director shall determine whether each application for a development entitlement pursuant to this title or PVEMC Title 18 is complete and transmit such determination to the applicant. In the event the application is determined not to be complete, the director’s determination shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. No application for a development entitlement pursuant to this title or PVEMC Title 18 shall be deemed accepted until the determination has been made by the director that the application is complete and in compliance with the filing instructions. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 529 § 5, 1991)
17.04.090 Conditions of approval.
In the review and approval of any application for a development entitlement pursuant to this title or PVEMC Title 18, the planning commission or the city council may impose conditions relating, but not limited, to the following:
A. Regulation of use;
B. Special yards, spaces, and buffers;
C. Fences and walls;
D. Surfacing of parking areas subject to city specifications;
E. Street, service road, or alley dedications and improvements and/or appropriate security;
F. Regulation of points of vehicular ingress and egress;
G. Regulation of signs;
H. Landscaping and landscape maintenance;
I. Other maintenance of the grounds;
J. Regulation of noise, vibration, odors, etc.;
K. Regulation of time and/or duration for certain activities;
L. Time period within which the proposed use shall be developed;
M. Duration of use;
N. Structural height and massing;
O. Water, sewer and other infrastructure dedications and improvements;
P. Outdoor lighting;
Q. Green building standards;
R. Such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes of this title and PVEMC Title 18. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 529 § 6, 1991)
17.04.100 Processing procedures.
All applications for development entitlements provided for in this title and PVEMC Title 18 shall be processed in compliance with the following procedures unless another process is expressly provided:
A. The director shall set the application for a public hearing by the planning commission and give notice of the hearing as follows:
1. The hearing shall be scheduled for the first available meeting of the planning commission after the filing of a complete application and after proper notice has been provided;
2. Notice of the hearing shall be in such form as may be prescribed by the director and shall contain the time and place of the hearing and the location and proposed use of the property;
3. Notice shall also be mailed, postage prepaid, at least ten days before the hearing to:
a. The owner of the subject real property or to the owner’s authorized agent;
b. The project applicant;
c. Each local agency or public utility expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide these facilities and services may be affected; and
d. All owners of real property as shown on the latest equalized assessment roll within three hundred feet of the subject real property;
4. Post a notice in at least two public places in the city and in one place at the subject site; and
5. Post any other notice required by law.
B. The director shall investigate the application and report to the planning commission at the time of the hearing. The director’s report may include proposed findings and a recommendation including conditions, if any.
C. The planning commission may approve, approve with conditions, or disapprove the application in accordance with applicable criteria and requirements specified by law for the particular development entitlement, and shall render its decision within thirty days after the conclusion of the hearing. Should the vote of the planning commission result in a tie, the application shall be scheduled for the first available regular meeting of the city council after proper notice of the hearing has been provided pursuant to subsection A of this section.
D. A hearing may be continued without additional mailed notice; provided, that the time and place to which the hearing will be continued are announced before adjournment. If this code otherwise requires notice of a hearing to be posted at the site of the property that is the subject of the application, notice of the continuance shall be posted on site in a manner that complies with the requirements of this section until the new date of hearing.
E. The decision, including the findings of the planning commission, shall be mailed to the applicant and reported to the city council according to procedures established by the director.
F. The city council may, within fifteen days after the date of the decision or on or before the first day following the first city council meeting after the date of the planning commission decision, whichever occurs last:
1. Confirm the action of the planning commission to grant or deny the application;
2. Set the matter for public hearing and dispose of it in the same manner as on an appeal; or
3. Amend, modify, delete, or add any condition of approval which the city council finds is not substantial under the circumstances relative to or affecting the property subject to the application for a development entitlement. Any determination of the city council pursuant to this subsection shall be conclusive and final. Should the vote of the city council result in a tie, the planning commission decision shall be final.
In the event the city council does not take one of the actions specified above within the period of time required, the decision of the planning commission shall be final.
G. The applicant, or any property owner entitled to notice of the hearing, may, within fifteen days after the date of the planning commission decision, appeal the planning commission decision to the city council. The appeal shall be filed with the city clerk on such form as may be prescribed by the city council, accompanied by payment of the fee as the city council may establish by resolution, and shall include the reasons for the appeal. The city clerk shall notify the director, who shall promptly furnish the city council with five copies of the minutes of the planning commission hearing and the decision appealed from, together with all other papers constituting the record upon which the decision was based. The city clerk shall set the appeal for public hearing and give notice of the time and place of the hearing pursuant to the provisions of subsection A of this section.
H. The city council may approve, approve with conditions, or disapprove the application in accordance with applicable criteria and requirements specified by law for the particular development entitlement, and shall render its decision within thirty days after the conclusion of the hearing. The resolution shall contain the city council’s findings. The city clerk shall mail a copy of the resolution to the applicant. The decision of the city council shall be final.
I. At any time before the planning commission or city council makes a final decision on an application pursuant to this section, the applicant may withdraw the application. The withdrawal of the application shall be in writing and shall not require the consent of the planning commission or city council. The withdrawal of the application is deemed permanent and any associated authorization shall be void. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 647 § 1, 2003; Ord. 598 §§ 1, 2, 1996; Ord. 529 § 7, 1991)
17.04.110 After-the-fact applications.
A. If any construction activity (including, but not limited to, demolition) required to be reviewed pursuant to this title or PVEMC Title 18 or 19 is commenced before that review has been completed (the “noncompliant work”), then, in addition to the applicable requirements set forth in those titles, no application for a land use entitlement shall be approved unless the planning commission or city council, as the case may be, finds the noncompliant work would have been approved pursuant to the applicable provisions of the applicable title if approval were sought before the noncompliant work was commenced;
B. If the late filed application is for neighborhood compatibility review, then the provisions of Chapter 18.36 PVEMC shall apply to the application for review of noncompliant work in the same way they would apply to a timely filed application for neighborhood compatibility review;
C. If the noncompliant work is approved, then the following provisions shall also apply:
1. The work on the noncompliant work and all work proceeding in conformance with this title or PVEMC Title 18 or 19, as applicable, that has not been completed (collectively, the “ongoing work”) shall be suspended for a period of up to six months after the noncompliant work is approved, as determined appropriate by the planning commission or city council, as the case may be; provided, that no suspension shall be imposed if the planning commission or city council, as the case may be, determines any suspension would (a) be detrimental to the surrounding community because of negative impacts on aesthetics, traffic or pedestrian travel, public safety or other matters in the public interest, or (b) cause an extreme hardship on the property owner;
2. Upon completion of the ongoing work when it includes any habitable area, the property shall remain unoccupied for a period of up to six months, as determined appropriate by the planning commission or city council, as the case may be; provided, that this provision shall not be applicable if the planning commission or city council, as the case may be, determines such a requirement would (a) be detrimental to the surrounding community because of negative impacts on public safety or other matters in the public interest, or (b) cause an extreme hardship on the property owner; and
3. If the planning commission or city council, as the case may be, determines that the architect, contractor or any other professional responsible for the ongoing work (“participating professional”) knew or should have known the noncompliant work was occurring, then it may direct the director or designee to submit a letter to the licensing body of that participating professional, if one exists, informing and complaining to that body of the unprofessional conduct of that participating professional. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 691 § 1, 2009)