Chapter 18.16
PLANNING DIRECTOR DECISIONS
Sections:
18.16.030 Official code interpretation.
18.16.040 Similar use determination.
18.16.050 Administrative use review.
18.16.060 Home occupation use permit.
18.16.070 Temporary use permit.
18.16.100 Temporary sign permit.
18.16.120 Minor design review.
18.16.130 Williamson Act contract management.
18.16.140 Nonconforming permit.
18.16.010 Purpose.
The purpose of this chapter is to establish procedures for planning- and zoning-related permits that are decided administratively by the planning director or his/her designee. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout. General processing procedures are established in Chapter 18.14 (General Application Processing). Table 18.14.060-1 (Approving Authority for Land Use Entitlements) provides a summary of the administrative permits and entitlements decided by the planning director. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.16.020 Zoning clearance.
A. Purpose. The purpose of the zoning clearance process is to ensure that all new and modified uses and structures comply with applicable provisions of this code, using administrative procedures and thorough but typically “over-the-counter” planning approvals for building permits, business licenses, and other city applications that require approval from a different city department and can be processed by the planning department in a relatively short time period.
B. Applicability. Zoning clearance is required for the following actions:
1. All structures that require a building permit.
2. All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval.
3. Other city applications that may be subject to the provisions of this title, including, but not limited to, business license, encroachment, and grading and improvement plans.
C. Review Process. Zoning clearance shall be processed in conjunction with related city action, such as a building permit application or business license. Zoning clearance is an administrative function of the planning director, and no public hearing or notice is required.
D. Findings. Zoning clearance shall be granted only when the planning director finds the proposal to be in conformance with all applicable provisions of this title. No permit or application listed in Section 18.16.030(A) (Purpose and Applicability) shall be issued without approval of zoning clearance.
E. Compliance Requirements. The planning director may impose requirements in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.16.030 Official code interpretation.
A. Purpose and Applicability. The planning director may issue an official code interpretation pursuant to this section when, in his or her opinion, the meaning or applicability of any provision of this code is ambiguous, misleading, or unclear. The purpose of such interpretations is to disclose the manner in which this title shall be applied in future cases; provided, that any interpretation may be superseded by a later interpretation when the planning director determines that the earlier interpretation was in error or no longer applicable under the current circumstances. The planning director may issue an official code interpretation or refer the question to the planning commission for a determination.
B. Review Process.
1. Official code interpretations shall be issued in writing and shall state the facts upon which the planning director relied to make the determination.
2. Records of Interpretations and Referral. The planning department shall keep records of official determinations on file for future reference.
3. An official code interpretation is an administrative function of the planning director, and no public hearing or notice is required.
4. The applicant is permitted to appeal an official code interpretation to the planning commission. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.16.040 Similar use determination.
A. Purpose. The land use table in Division III (Zoning Districts) may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted, permitted with a use permit, or not permitted, the similar use determination allows the director to determine whether or not a proposed use is similar to a listed use and whether it may be permitted or permitted with a use permit in a particular zoning district.
B. Applicability. A similar use determination is required when a use is not specifically listed in this code but may be permitted if it is determined to be similar in nature to a use that is permitted or permitted with a use permit.
C. Review Process.
1. A similar use determination can be initiated by staff or the public using an application provided by the planning director.
2. The planning director shall prepare a similar use determination.
3. The issuance of a similar use determination is an administrative function of the planning director, and no public hearing or notice is required.
4. The applicant is permitted to appeal a similar use determination to the planning commission.
D. Findings. The planning director shall make a similar use determination after making all of the findings listed below. If the planning director does not make all of these findings, he/she shall not make the similar use determination.
1. The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher level of activity, environmental impact, or population density than the uses listed in the zoning district.
2. The proposed use will be consistent with the purposes of the applicable zoning district.
3. The proposed use will be consistent with the general plan, any applicable specific plan, and the development code.
E. Determinations. Similar use determinations shall be made in writing and shall contain the facts that support the determination. The department shall maintain all such determinations on record for review by the general public upon request. The notice of decision shall be provided, in writing, to the applicant and interested parties. The notice shall include:
1. A brief statement explaining the criteria and standards considered relevant to the decision.
2. A statement of the standards and facts relied upon in rendering the decision.
3. An explanation of appeal rights and appeal deadlines. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.16.050 Administrative use review.
A. Purpose. Administrative use review provides a process for director review and determination of requests for uses and activities whose effects on adjacent sites and surroundings need to be evaluated in terms of specific development proposal for the specific site. It is anticipated that uses qualifying for an administrative use review are minor in nature, only have an impact on immediately adjacent properties, and can be modified and/or conditioned to ensure compatibility.
B. Applicability. This section applies to land use requiring an administrative use review as designated with an “AR” on the allowed use tables, including Table 18.38.030-1 (Permitted Use Matrix for Residential Districts), Table 18.42.030-1 (Permitted Use Matrix for Commercial/Medical Professional Office Districts), Table 18.46.030-1 (Permitted Use Matrix for Industrial Districts), and Table 18.50.030-1 (Permitted Use Matrix for Public/Quasi-Public and Parks and Recreation Districts).
C. Review Process.
1. The planning director is the approving authority for administrative use review. However, the planning director may also refer an administrative use review to the planning commission for review and approval as pursuant to Section 18.14.060(C) (Referral to the Planning Commission).
2. Public notice of the application submittal and pending determination shall be made in accordance with Section 18.14.050(C) (Notice of Planning Director Determination).
3. Planning director determination shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination.
D. Findings. The director shall approve, or approve with conditions, an application for an administrative use review after making all of the findings below. If the director does not make all of these findings, he/she shall deny the administrative use review.
1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this zoning code, Municipal Code, general plan, and any applicable specific plans or city regulations/standards.
2. The site is physically suited for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints, and can be conditioned to meet all related performance criteria and development standards.
3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.
E. Conditions. In approving an administrative use review, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.16.060 Home occupation use permit.
A. Purpose. The purpose of a home occupation use permit is to ensure that home occupations in residential neighborhoods are compatible with the surrounding neighborhood character and are generally undetectable from normal and usual residential activity.
B. Applicability. A home occupation use permit shall be required for all home-based businesses. An employee or contract employee of a licensed business enterprise (not located within a home) may work from home without first obtaining a home occupation permit.
C. Review Process.
1. Upon acceptance of a home occupation application, the planning director or a designated representative shall review the request for compliance with development standards related to the proposed activities and render a decision within a five-day review period. The decision shall clearly state, in writing, any conditions of approval or reasons for denial.
2. Immediately following the effective date of an approved home occupation, the applicant shall obtain a city business license.
D. Findings. A home occupation permit shall be granted only when the planning director determines that the proposed home occupation complies with all of the following findings:
1. The proposed home occupation is consistent with the general plan, any applicable specific plan or master plan, and all applicable provisions of this title.
2. The proposed home occupation is consistent with the standards and prohibited use regulations in Chapter 18.64 (Home Occupations).
3. The establishment, maintenance, or operation of the home occupation applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.
E. Compliance Requirements. The planning director may impose requirements and/or require guarantees in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood.
F. Relocation of a Home Occupation. If a home occupation relocates, a new permit and review shall be required for the new location. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.16.070 Temporary use permit.
A. Purpose. Temporary use permits provide a process for administrative review for short-term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. The intent of the permit requirements is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community.
B. Applicability. A temporary use permit shall be required prior to the establishment of those uses specified in Chapter 18.90 (Temporary Uses).
C. Review Process.
1. The planning department and other departments as necessary shall review the request and render a decision within a ten-business-day review period. The decision shall clearly state, in writing, any conditions of approval or reasons for denial.
2. Temporary use permits will be reviewed for compliance with restrictions and standards related to those activities provided in Chapter 18.90 (Temporary Uses).
D. Findings. The planning director shall approve, or approve with conditions, an application for a temporary use permit after making all of the findings below. If the director does not make all of these findings, he or she shall deny the temporary use permit.
1. The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.
2. The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
3. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this zoning code.
E. Conditions. In approving a temporary use permit, the director may impose such conditions as are needed to ensure that the required findings can be made. Such conditions may include but shall not be limited to the following:
1. Measures to minimize impact on adjacent uses, such as buffers, hours of operation, lighting requirements, and/or parking measures.
2. Property maintenance requirements to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.
3. Appropriate performance guarantees/security may be required before initiation of the use to ensure proper cleanup after the use is finished.
4. Other conditions of approval deemed reasonable and necessary to ensure that the approval would be in compliance with the findings above. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.16.080 Sign permit.
A. Purpose. The purpose of a sign permit is to provide a review process for new signs to ensure consistency with the general requirements of this title and the specific requirements of Chapter 18.82 (Signs).
B. Applicability. A sign permit shall be required prior to the installation, construction, or alteration of any sign in the city, unless expressly exempted in Chapter 18.82 (Signs). Signs requiring a permit shall comply with the provisions of this title and all other applicable laws and ordinances. A building permit may also be required. After approval of a sign permit, each sign installed and maintained on the subject site shall comply with the permit and plan.
C. Review Process.
1. The sign permit application shall include architectural elevations and plans of all proposed signs drawn to scale, with all dimensions noted, and include illustrations of copy, colors, materials, and samples of the proposed colors and materials. The plans submitted shall also show the location of each sign on buildings and the site.
2. After receipt of a sign application, the planning director or a designated representative shall render a decision to approve or deny the sign request within ten working days. Prior to denial of the application, the planning director or designated representative shall identify and request any modifications necessary in order to approve the application. Such a review shall ensure that any sign proposal is in conformance with this title and is consistent with its intent and purpose.
D. Findings. The planning director shall issue the sign permit only after determining and finding that the request complies with all requirements of Chapter 18.82 (Signs) applicable to the proposed sign, including any applicable master sign plan.
E. Compliance Requirements. The planning director may impose requirements related to approval of the sign permit in order to ensure compliance with this title and the general plan. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.16.090 Master sign plan.
A. Purpose. A master sign plan provides a process for the city’s review of, and decisions related to, requests for signs for multi-tenant projects. The intent of a master sign plan is to allow for the integration of a project’s signs with the design of the structures to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects.
B. Applicability. A master sign plan is required for the activities listed below.
1. All new nonresidential projects with four or more tenants.
2. Significant modifications to existing signs or the addition of new signage within an existing nonresidential project with four or more tenants.
3. Major rehabilitation work on an existing nonresidential project with four or more tenants that involves exterior remodeling and/or the application proposes modification to existing signs on the site within a one-year period. For the purposes of this chapter, major rehabilitation means adding more than fifty percent to the gross floor area of the building/buildings, or exterior redesign of more than fifty percent of the length of any facade within the project.
4. All signs installed or replaced within the nonresidential project shall comply with the approved master sign plan.
C. Review Process.
1. The application shall include architectural elevations and plans of all proposed signs drawn to scale, with all dimensions noted, and include illustrations of copy, colors, materials, and samples of the proposed colors and materials. The plans submitted shall also show the location of each sign on buildings and the site. Finally, the application shall provide standards for the uniform style, construction, size, and placement of signs within the proposed project.
2. After receipt of a master sign plan application, the planning director or a designated representative shall render a decision to approve or deny the request within thirty working days. Prior to denial of the application, the planning director or designated representative shall identify and request any modifications necessary in order to approve the application. Such a review shall ensure that any sign proposal is in conformance with this title and is consistent with its intent and purpose.
D. Findings. A master sign plan, or revisions thereto, may be approved only when the designated approving authority makes all of the following findings:
1. The proposed master sign plan is consistent with the development standards for signs as provided in Chapter 18.82 (Signs).
2. The size, location, and design of the signs are visually complementary and compatible with the scale and architectural style of the primary structures on the site, any prominent natural features on the site, and structures and prominent natural features on adjacent properties on the same street.
3. The proposed signs are in substantial conformance with the design review criteria provided in Chapter 18.82 (Signs).
E. Compliance Requirements. The planning director may impose requirements when approving a master sign plan to ensure compliance with this title and the general plan.
F. Revisions. The director may approve revisions to a master sign plan approved by the director. The director may approve revisions to a master sign plan approved by the commission if the director first determines that the revision is minor and that the intent of the original approval, and any applicable conditions are not affected. A new master sign plan approval shall be obtained for revisions that would substantially deviate from the original approval. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.16.100 Temporary sign permit.
A. Purpose. The purpose of a temporary sign permit is to provide a review process for new temporary signs to ensure consistency with the general requirements of this title and the specific requirements of Section 18.82.080 (Standards for temporary signs).
B. Applicability. A temporary sign permit shall be required prior to the installation, construction, or alteration of any temporary sign in the city, unless expressly exempted in Section 18.82.030(B) (Signs and Sign Changes Allowed Without a Sign Permit). Temporary signs requiring a permit shall comply with the provisions of this title and all other applicable laws and ordinances. A building permit may also be required. After approval of a temporary sign permit, each temporary sign installed and maintained on the subject site shall comply with the permit and plan.
C. Review Process.
1. The temporary sign permit application shall include plans of all proposed temporary signs drawn to scale with all dimensions noted and show the location of each temporary sign on buildings and the site. The application shall also identify the proposed dates and duration of temporary signs.
2. After receipt of a temporary sign application, the planning director or a designated representative shall render a decision to approve or deny the temporary sign request within ten working days. Prior to denial of the application, the planning director or designated representative shall identify and request any modifications necessary in order to approve the application. Such a review shall ensure that any temporary sign proposal is in conformance with this title and is consistent with its intent and purpose.
D. Findings. The planning director shall issue the temporary sign permit only after determining and finding that the request complies with all requirements of Section 18.82.080 (Standards for temporary signs) applicable to the proposed temporary sign.
E. Compliance Requirements. The planning director may impose requirements related to approval of the temporary sign permit in order to ensure compliance with this title and the general plan. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.16.110 Minor adjustment.
A. Purpose. The purpose of the minor adjustment is to establish a process to allow creative design solutions and to accommodate unique site conditions that may not meet the strict requirements of this title.
B. Applicability. A minor adjustment may be granted to modify certain requirements of this code, as listed in Table 18.16.110-1 (Standards Subject to Minor Adjustment). Minor adjustments do not apply to land use and are not intended to waive a specific prohibition or procedural requirement and are limited to when the following conditions apply:
1. Fence Height.
a. Exceptional topographic conditions or other unique situation of the parcels; or
b. Activities on neighboring property that interfere with peaceful enjoyment of the subject property.
2. Setbacks, Lot Width, Projections, Maximum Lot Coverage and Other Dimensional Requirements.
a. Exceptional narrowness, shallowness, or the unusual shape of a parcel of property;
b. Exceptional topographic conditions or other extraordinary situation of the parcel;
c. For the purpose of avoiding or reducing impact to floodplains, significant trees, wetlands, or other natural features; or
d. Existing structures within the downtown core (DC) or downtown residential (DR) that were legally constructed according to the regulations in place at that time (e.g. older historic homes).
3. Parking or Loading Areas.
a. The individual characteristics of the use at that location require more or less parking than is generally required for a use of this type and intensity, or modified parking dimensions, as demonstrated by a parking analysis or other facts provided by the applicant; and
b. The need for additional parking cannot reasonably be met through provision of on-street parking or shared parking with adjacent or nearby uses.
c. Loading area standards may be adjusted if such a reduction is deemed appropriate after analysis of the use, anticipated shipping or delivery traffic generated by the use, and alternatives for loading/unloading, such as use of on- or off-street parking areas during nonbusiness hours; provided, that traffic is not impeded.
4. An adjustment to maximum height is only permitted for unique architectural features that contribute to the design aesthetic of the building.
C. Standards Subject to a Minor Adjustment. Adjustments are limited to those listed in Table 18.16.110-1 (Standards Subject to Minor Adjustment).
|
Standard |
Maximum Reduction or Increase |
|---|---|
|
Fence height |
2-foot increase |
|
Parking or loading areas. A decrease in the required number and design of parking aisles and spaces. |
15% |
|
Setbacks (reduction). A decrease in a required setback, but no closer to the property line than the average of the developed lots on the same block face, and so that no projection into a public utility easement is allowed. |
2-foot decrease or 20%1 whichever is less |
|
Projections. An increase in the allowable projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback area, but no closer to any property line than allowed by the building code. |
20% additional |
|
Maximum lot coverage (increase) |
10% |
|
Maximum height (increase) |
20% |
|
Lot Dimensions (decrease)2 |
25% |
1. Setbacks are limited to a maximum of four feet, zero inches.
2. Permitted in the downtown residential (DR) district only.
D. Review Process.
1. The planning director is the approving authority for a minor adjustment. However, the planning director may also refer a minor adjustment to the planning commission for review and approval as pursuant to Section 18.14.060(C) (Referral to the Planning Commission).
2. Public notice of the application submittal and pending determination shall be made in accordance with Section 18.14.050(C) (Notice of Planning Director Determination).
3. Planning director determination shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination.
E. Findings. The planning director shall approve, or approve with conditions, an application for a minor adjustment after finding all of the following. If the planning director does not make all of these findings, he/she shall deny the minor adjustment.
1. The proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries.
2. The proposed development is compatible with existing and proposed land uses in the surrounding area.
3. Any adjustments to or deviations from the density, requirements, or design standards result in the creation of project amenities that would not be available through strict adherence to code provisions (e.g., additional open space, protection of natural resources, improved pedestrian connectivity, public plazas).
4. Granting the minor adjustment will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.
5. The minor adjustment is consistent with the general plan or any applicable specific plan or development agreement.
6. The minor adjustment is the minimum required in that it allows the specified improvement or development to occur, but does not provide additional development rights.
F. Conditions. In approving a minor adjustment, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.16.120 Minor design review.
A. Purpose. This purpose of minor design review is to establish a process for certain types of residential and nonresidential projects that are relatively minor in nature to facilitate project review in a timely and efficient manner with planning director review and determination; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to be consistent with the general plan, which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of Patterson.
B. Applicability. Minor design review is required for changes to properties that are considered “aesthetically insignificant” as follows:
1. Single-family homes, except when part of a development plan, master plan, or specific plan.
2. Aesthetically insignificant projects where the planning director determines that a new small structure, or a change or addition to an existing building or other site feature, has no potential for conflict with the city’s design objectives due to its size, location, form, materials, or colors.
3. Minor or incidental projects where the planning director determines that the project, such as a sign, building addition or remodel, or a new small structure, is minor or incidental to a larger, previously approved project.
4. Demolitions where the planning director determines that the proposed demolition has no historical, architectural, or aesthetic significance.
C. Review Process.
1. The planning director is the approving authority for minor design review. However, the planning director may also refer a minor design review to the planning commission for review and approval as pursuant to Section 18.14.060(C) (Referral to the Planning Commission).
2. Public notice of the application submittal and pending determination shall be made in accordance with Section 18.14.050(C) (Notice of Planning Director Determination).
3. Planning director determination shall be based on standards and criteria set forth within this code and adopted community design guidelines and shall be accompanied by brief, written findings and a determination.
D. Findings. The planning director, where authorized, shall make the following findings before approving a minor design review application:
1. The proposed project is consistent with the general plan.
2. The proposed use is in accord with the objective of the zoning code and the purposes of the district in which the site is located.
3. The proposed project is in compliance with each of the applicable provisions of the zoning code and community design guidelines.
4. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
E. Conditions. In approving a minor design review, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.16.130 Williamson Act contract management.
A. Purpose and Description. The purpose of this section is to provide for the continuation, nonrenewal, or cancellation of Williamson Act contracts for properties annexed into the city. A Williamson Act contract is also known as a Land Conservation Act of 1965 contract and shall be referred to herein as contract or contracts.
B. Contracts. It is the intent of the city to continue contracts in force at the time the property is annexed into the city consistent with general plan policy. No new agricultural preserves will be initiated for property within the city. The city, after acquiring land in a preserve by annexation, shall have all rights and responsibilities specified in California Government Code Section 51235.
C. Filing of Map. On or before September 1st of each year, the city shall file with the director of conservation a map of the city and designate thereon all contracted parcels at the end of the preceding fiscal year.
D. Uses. Uses permitted under this section shall be consistent with the principles of compatibility set forth in California Government Code Section 51238.1(a)(b)(c). The city council may conditionally approve uses to establish conformity with the principles of compatibility.
E. Notice of Nonrenewal—Renewal—Recording Requirements.
1. Nonrenewal Process.
a. Filing.
i. Initiation. Notice of nonrenewal may be initiated by either of the following, in compliance with state law (California Government Code Section 51245):
ii. Council. The council may initiate a notice of nonrenewal; or
iii. Property Owner(s). The property owner(s) may initiate a notice of nonrenewal.
iv. A copy of the notice shall be filed with the planning division of the community development department.
2. Contents. The notice shall contain the following materials:
a. Notice Form. One copy of the completed notice form.
b. Preliminary Title Report. One copy of a current preliminary title report. Reports more than six months old are not considered current and shall not be accepted.
c. Deadline. The written notice shall be served on the city by the property owner(s) at least ninety days, or on the property owner(s) by the city at least sixty days, before the annual renewal date of the contract.
3. Recordation. The notice of nonrenewal shall be recorded in the following manner:
a. Document Preparation. Once the notice is deemed complete and acceptable per subsection (A)(1)(c) of this section, the city clerk shall prepare all documents for recordation.
b. Forwarded for Recordation. The city clerk shall forward the notice to the county recorder’s office for recordation.
c. Mailing of Copies. A copy of the recorded notice shall be mailed to the following:
i. The property owner(s),
ii. The director of conservation, and
iii. The county assessor.
d. December Deadline. The notice shall be recorded in the county recorder’s office before December 1st in order to be processed for the following March 1st lien date, in compliance with state law (California Government Code Section 51245).
e. Terminates in Ten Years. The notice of nonrenewal terminates the contract in ten years, in compliance with state law (California Government Code Section 51246(a)).
f. Assessment. During this ten-year nonrenewal period, the assessment of the subject property may incrementally increase.
F. Cancellation.
1. Filing.
a. Initiation. A petition for cancellation may only be initiated by the property owner(s), consistent with California Government Code Section 51281.
b. The petition for cancellation shall be filed with the planning division of the city’s community development department.
2. Contents. The petition for cancellation shall contain the following materials:
a. Petition Form. One complete copy of the city’s required form.
b. Preliminary Title Report. One copy of a current preliminary title report. Title reports more than six months old at time of application are not considered current and shall not be accepted.
c. A copy of the contract under which the parcel(s) are encumbered.
d. A current assessor’s parcel map showing the contracted parcels.
e. Additional Information. Any additional information the director determines to be necessary to process the petition.
3. Tentative Cancellation of Contract.
a. Notice. Notice of a public hearing shall be given as follows:
i. Notice to Director of Conservation. Notice shall be provided to the director of conservation, along with the required findings, at least thirty days prior to a public hearing at which the city council will take action on the tentative cancellation.
ii. Published Notice. A notice shall be published at least once in a local newspaper of general circulation within the city at least ten days before the hearing.
iii. Mailed Notice. Notice shall be mailed to owners of contracted property within one mile, property owners within five hundred feet, other concerned agencies, and the department of conservation.
4. Review Procedure. The council shall conduct a public hearing for a tentative cancellation of the contract.
5. Findings. The council may grant cancellation of the contract only if all the findings in this subsection can be made in a positive manner:
a. The cancellation is consistent with the purposes of the Williamson Act. This finding can only be made if the cancellation is:
i. For property on which a notice of nonrenewal has been served in compliance with state law (California Government Code Section 51245);
ii. Not likely to result in the removal of adjoining lands from agricultural use;
iii. For an alternative use of land which is consistent with the land uses, objectives, policies, and programs of the general plan and any applicable PD zoning;
iv. Intended to ensure/maintain a contiguous pattern of urban development; and
v. In an area which has no noncontracted land available and suitable for the proposed use which is intended for the subject property or development of the contracted land would provide for a more contiguous pattern of urban development than would development of the available noncontracted land.
6. The cancellation is in the public interest. This finding can only be made if:
a. Other public considerations substantially outweigh the objectives of the Williamson Act; and
b. There is no proximate noncontracted land in the area which is available and suitable for the proposed use which is intended for the subject property, or development of the contracted land would provide for a more contiguous pattern of urban development than would development of any proximate noncontracted land.
7. Notice of Decision. A notice of the decision on the tentative cancellation of the contract shall be published within thirty days of the council’s decision, with a copy to the director of the department of conservation, in compliance with California Government Code Section 51284, and to the county assessor’s office.
8. Recordation. The city clerk shall record the certificate of tentative cancellation with the county recorder in compliance with California Government Code Section 51283.4(a).
G. Fees. Prior to giving approval to any contract cancellation, the city council shall determine and certify the cancellation fee pursuant to California Government Code Section 51283 or 51297. Cancellation fees that are not paid within one year of the recording of the certificate of tentative cancellation will be recomputed as of the date of notice (California Government Code Section 51283.4(a) and (b)).
1. Cancellation Fee Waiver. If it finds that it is in the public interest, the city council may waive any payment or any portion of a payment by the landowner. It may extend the time for making the payment, or a portion of the payment, contingent upon the future use made of the land, and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been cancelled, if all of the following occur:
a. The cancellation is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner.
b. The city council has determined it is in the best interest of the program to conserve agricultural land use that the payment be either deferred or not required.
c. The waiver or extension of time is approved by the secretary of the resources agency. The secretary will approve a waiver or extension of time only on the finding that the granting of the waiver or extension of time by the local agency is consistent with the policies of the Williamson Act and that the local agency complied with the act in approving the cancellation. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the city council, the evidence in the record of the council, and any other evidence received concerning the cancellation, waiver, or extension of time (California Government Code Section 51283(c)).
2. Recordation. The cancellation of a contract shall not be final until the community development director is satisfied that any required conditions have been fulfilled and the certificate of cancellation is recorded pursuant to California Government Code Section 51283.4(a).
H. Precedence.
1. If any part of this chapter is found to conflict with any part of state law governing Land Conservation Act of 1965 contracts, the applicable section of state law shall prevail. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.16.140 Nonconforming permit.
A. Purpose. The purpose of the nonconforming permit is to allow for individual review of requests to expand or modify a nonconforming structure that was constructed prior to the establishment of zoning regulations. The continuation of the nonconformity shall only be permitted if the use and structure is generally compatible with the surrounding neighborhood and does not place an undue burden on neighboring properties.
B. Applicability. Nonconforming permits may only be requested and considered for nonconforming uses and structures on property zoned downtown residential (DR). In order to apply for a nonconforming permit the structure must have been built prior to January 1, 1994. This permit cannot be used to allow the continuation of a nonconforming use.
C. Permit Requirements. A nonconforming permit is required for the expansion or modification of existing nonconforming structures.
D. Approving Authority. The planning director shall have approval authority for all nonconforming permits.
E. Required Findings. A nonconforming permit shall be granted only when the planning director determines that the proposed structure complies with all of the following findings:
1. The structure as proposed 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 or to the general welfare of the city.
2. The benefit to the public health, safety, or welfare exceeds the detriment inherent in the continuation or expansion of nonconformity.
3. The modified or expanded nonconforming structure would not be incompatible with reasonably foreseeable uses as allowed under the applicable zoning regulations.
F. Conditions/Guarantees. The director may impose conditions and/or require guarantees for the nonconforming permit to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood. (Ord. 738 § 1 (Exh. A) (part), 2013).