Chapter 17.35
AMENDMENTS, VARIANCES, USE PERMITS AND MINISTERIAL APPROVALS
Sections:
17.35.040 Ministerial approvals.
17.35.050 Revocation of variances and use permits.
17.35.010 Amendments.
(1) This title may be amended consistent with the following City procedures.
(2) An amendment may be initiated by one or more owners of property affected by the proposed amendment, as set out in subsection (3) of this section, or by action of the Planning Commission, or the City Council.
(3) The application of one or more property owners for the initiation of an amendment shall be filed in the office of the City Clerk on a form provided, and shall be accompanied by a filing fee adopted by resolution of the City Council, and by plans and other information as may be required to describe fully the proposed amendment.
(4) Subject only to the rules regarding the placing of matters on the Planning Commission agenda, the matter shall be set for a public hearing.
(5) Notice of the time and place of the hearing shall be given at least 10 calendar days before the hearing by publication once in a newspaper of general circulation printed and published in the City, or by posting in at least three public places in the City.
(6) At the public hearing, the Planning Commission shall hear any person affected by the proposed amendment. The hearing may be continued from time to time.
(7) Within 40 days of the conclusion of the hearing, the Planning Commission shall submit to the City Council a written report of recommendations and reasons therefor.
(8) Subject only to the rules regarding the placing of matters on its agenda, the City Council, at its next regular meeting following the receipt of such report, shall cause the matter to be set for a public hearing. Notice of the time and place of the hearing shall be given as provided in subsection (5) of this section.
(9) At the public hearing, the City Council shall hear any person affected by the proposed amendment. The hearing may be continued to a specified future date, but shall be concluded within 60 days of the commencement thereof.
(10) The City Council shall not make any change in the proposed amendment until the proposed change has been referred to the Planning Commission for a report, and the Planning Commission report has been filed with the City Council. The failure of the Planning Commission to report within 40 days after the reference of such proposed change shall be deemed to be approval of the proposed change. [Ord. 391 § 2, 2022; Ord. 279 § 6, 2011.]
17.35.020 Variances.
(1) A variance from the strict application of the terms of these regulations, other than regulations directly pertaining to the use of land and buildings which are not existing nonconforming uses, may be granted upon a finding that:
(a) The location, shape, size, surroundings, topography, or other condition, applicable to the subject property, represents special circumstances, and that strict application of this title would deny the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district;
(b) The variance is necessary for the enjoyment and preservation of substantial property rights enjoyed by other property owners in the same vicinity and zoning district; and
(c) The variance is consistent with the general plan.
(2) Application for a variance shall be filed in the office of the City Clerk upon a form provided, and shall be accompanied by a filing fee adopted by resolution of the City Council and by such other information as may be required to describe fully the proposed variance.
(3) Subject only to the rules regarding the placing of matters on the Planning Commission agenda, the matter shall be set for a public hearing.
(4) Notice of the time and place of the hearing shall be given at least 10 calendar days before the hearing by prepaid U.S. mail notices to owners of property adjoining that of the petitioner, using addresses from the last assessment roll, or by publication once in a newspaper of general circulation printed and published in the City and by posting said notice in conspicuous places close to the property affected.
(5) At the public hearing, the Planning Commission shall hear any person affected by the proposed variance. The hearing may be continued from time to time, but shall be concluded within 60 days of the commencement thereof.
(6) Within 30 days of the conclusion of the hearings, the Planning Commission shall grant or deny the variance. The grant of a variance may be made subject to terms and conditions attached thereto and made a part thereof. The action of the Planning Commission shall be expressed in writing and shall contain findings of fact as to the satisfaction of the conditions set out in subsection (1) of this section. Failure of the Planning Commission to act within 30 days of the conclusion of the hearing shall be deemed to be a denial of the application on that date. The decision of the Planning Commission shall become final 10 days from the date thereof, unless an appeal has been taken within that time. [Ord. 391 § 2, 2022; Ord. 279 § 6, 2011.]
17.35.030 Use permits.
(1) Use permits provide a process for reviewing uses and activities that may be desirable in the applicable zoning district, but whose effect on the site and surroundings cannot be determined before being proposed for a particular location. A use permit is required to authorize proposed land use activities identified by Chapter 17.20 RDMC, Regulations for the Principal Zones, and certain uses described in this chapter. This procedure applies to uses allowable in the applicable zoning district subject to the approval of a use permit.
(2) An application for a use permit shall be filed with the City Clerk using forms provided by the City Clerk. Applications shall include all necessary information and materials that are required by the City of Rio Dell and the payment of fees and/or deposits established by resolution of the City Council. Each application shall be analyzed by the City to ensure that the application is complete.
(3) Subject only to the rules regarding the placing of matters on the Planning Commission agenda, the matter shall be set for a public hearing.
(4) Such hearing shall be conducted, and notice thereof shall be given, in the same manner as a hearing upon an application for a variance, RDMC 17.35.020(4).
(5) The Planning Commission may approve or disapprove an application for use permit. The Planning Commission shall record the decision and the findings on which the decision is based. The Planning Commission may approve a use permit only after first making all of the following findings:
(a) The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this title and all other City ordinances;
(b) The proposed use is consistent with the general plan and any applicable specific plan;
(c) The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity;
(d) The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and
(e) 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 and zoning district in which the property is located.
(6) Within 30 days of the conclusion of the hearing, the Planning Commission shall grant or deny the use permit. The granting of any use permit may be made subject to terms and conditions attached thereto and made a part thereof. Failure of the Planning Commission to act within the time set out therein shall be deemed to be a denial of the application on that date. The action of the Planning Commission shall become final 10 days from the date thereof, unless an appeal has been taken within that time. [Ord. 391 § 2, 2022; Ord. 279 § 6, 2011.]
17.35.040 Ministerial approvals.
(1) Purpose. The purpose of this chapter is to:
(a) Specify how the City will implement the review and approval requirements of California Government Code Sections 65650 et seq. (“State Supportive Housing Law”), 65660 et seq. (“State Low Barrier Navigation Centers Law”), and 65913.4 (“State Streamlined Ministerial Approval Process”); and
(b) Facilitate the development of affordable housing consistent with the goals, objectives, and policies of the City’s General Plan Housing Element as may be amended from time to time.
(2) Definitions.
(a) All terms used in this chapter that are defined in the State Supportive Housing Law, State Low Barrier Navigation Centers Law, and the State Streamlined Ministerial Approval Process shall have meaning established by their respective sections, as the same may be amended from time to time.
(i) As of date of publication of the ordinance adopting these regulations, the following terms are defined in the State Supportive Housing Law:
(A) Supportive housing;
(B) Supportive services;
(C) Target population;
(D) Use by right; and
(E) Lower income households.
(ii) As of date of publication of the ordinance adopting these regulations, the following terms are defined in the State Low Barrier Navigation Centers Law:
(A) Low barrier navigation center;
(B) Use by right;
(C) Coordinated entry system.
(iii) As of date of publication of the ordinance adopting these regulations, the following terms are defined in the State Streamlined Ministerial Approval Process:
(A) Objective zoning standards;
(B) Objective subdivision standards;
(C) Objective design review standards;
(D) Project labor agreement;
(E) Skilled and trained workforce;
(F) Affordable housing cost;
(G) Affordable rent;
(H) Development proponent;
(I) Completed entitlements;
(J) Moderate income housing units;
(K) Production report;
(L) State agency;
(M) Subsidized;
(N) Reporting period; and
(O) Urban uses.
(b) All terms used in this chapter that are defined in Chapter 17.10 RDMC shall have the meaning established in Chapter 17.10 RDMC. Where terms that are defined in the State Housing Density Bonuses and Incentives Law are inconsistent with the definitions of the same terms set forth in Chapter 17.10 RDMC, the meaning of the terms in the State Housing Density Bonuses and Incentives Law shall prevail.
(c) Whenever the following terms are used in this chapter, they shall have the meaning established by this section:
(i) “Applicant” means the owner of the property, or person or entity with the written authority of the owner, that submits an application for ministerial approval.
(ii) “Director” means the Community Development of Planning and Building.
(ii) “Ministerial approval” means any approval related to a housing development or a low barrier navigation center that meet the requirements of the State Supportive Housing Law, the State Low Barrier Navigation Centers Law, and/or the State Streamlined Ministerial Approval Process and does not require the exercise of judgement or deliberation by the Director.
(iv) “Restricted affordable unit” means a dwelling unit within a housing development that will be available at an affordable rent or affordable housing cost as specified in the State Supportive Housing Law and the State Streamlined Ministerial Approval Process.
(v) “State Housing Density Bonuses and Incentives Law” means Government Code Section 65915 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to the provision of housing density bonus(es) and incentives.
(vi) “State Low Barrier Navigation Centers Law” means Government Code 65660 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to ministerial approvals and uses by right.
(vii) “State Streamlined Ministerial Approval Process” means Government Code Section 65913.4 and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to ministerial approvals.
(viii) “State Supportive Housing Law” means Government Code Sections 65650 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to ministerial approvals and uses by right.
(3) Ministerial Approval.
(a) Ministerially Approved Developments. The City will ministerially approve a housing development or low barrier navigation center that meets the requirements specified in the State Supportive Housing Law, the State Low Barrier Navigation Centers Law, and/or the State Streamlined Ministerial Approval Process when an applicant submits an application as specified by these regulations.
(b) Restricted Affordability and Supportive Housing Calculations.
(i) If an applicant seeks ministerial approval under the State Supportive Housing Law, the number of required restricted affordable units, supportive housing units, and supportive services floor area will be calculated in accordance with the State Supportive Housing Law.
(ii) If an applicant seeks ministerial approval under the State Streamlined Ministerial Approval Process, the number of required restricted affordable units will be calculated in accordance with the State Streamlined Ministerial Approval Process.
(c) Replacement of Pre-Existing Lower Income Units. A housing development seeking ministerial approval under the State Supportive Housing Law shall replace any dwelling units on the site of the proposed housing development in the manner required by the State Supportive Housing Law.
(d) Parking Ratios. The City shall not require parking beyond the maximum ratios specified in the State Streamlined Ministerial Approval Process if the project is ministerially approved under that section of state law.
(e) Development Standards. Notwithstanding the State Supportive Housing Law, the State Low Barrier Navigation Centers Law, and the State Streamlined Ministerial Approval Process, ministerially approved housing developments and low barrier navigation centers shall meet all objective site, design, and construction standards included in RDMC Title 15 (Buildings and Construction), Title 16 (Subdivisions), and Title 17 (Zoning), and shall also comply with all objective design guidelines included in applicable specific plans or otherwise adopted by the City Council, and all administrative regulations adopted pursuant to subsection (6) of this section for the implementation of these regulations.
(4) Application Requirements and Timing.
(a) General. Aside from ministerial approvals for accessory dwelling units and junior accessory dwelling units as specified in state law, any ministerial approval sought by an applicant shall be made pursuant to this chapter.
(b) Application. All applications pursuant to these regulations shall be filed with the Director in a form prescribed by the Director. The application shall be signed by:
(i) All owners of the real property included in the housing development or low barrier navigation center; or
(ii) The person or entity with written authority of the owner(s) to apply for ministerial approval for a housing development or low barrier navigation center.
(c) Application Received. No application for ministerial approval shall be deemed received until the following have been provided:
(i) All fees for the application as set forth in the schedule of fees established by resolution of the City Council have been paid. No fee shall be deemed received until any negotiable instrument has been cleared and funds deposited on the City’s account.
(ii) All documents specified in this chapter and on the application form have been filed.
(d) The application shall include the following information:
(i) A brief description of the proposed housing development or low barrier navigation center, including, as applicable, the total number of dwelling units, restricted affordable units, supportive housing units, and low barrier navigation center beds proposed.
(ii) The current zoning district(s) and general plan land use designation(s) and assessor’s parcel number(s) of the project site.
(iii) A vicinity map and site plan, drawn to scale, including building footprints, driveway, and parking layout.
(iv) Indication if the applicant also seeks a density bonus, incentive, waiver, or modification.
(v) A site plan showing location of, as applicable, restricted affordable units, supportive housing units, on-site supportive services, low barrier navigation center beds, and all other dwelling units within the proposed housing development or low barrier navigation center.
(vi) If the applicant submits an application under the provisions of the State Supportive Housing Law, a plan for providing supportive services, with documentation demonstrating that the on-site supportive services provided meet the requirements of the Supportive Housing Law.
(vii) If a reduction in supportive housing units is requested due to the termination of project-based rental assistance or operating subsidy through no fault of the project owner, an explanation of good faith efforts by the owner to find other sources of financial support, how any change in the number of supportive service units is restricted to the minimum necessary to maintain the project’s financial feasibility, and how any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of supportive housing units.
(viii) Level of affordability of any restricted affordable units and proposed method to ensure affordability.
(ix) If the applicant submits an application under the provisions of the State Streamlined Ministerial Approval Process and it is not entirely a public work, certification that the project will pay prevailing wages.
(x) If the applicant submits an application under the provisions of the State Streamlined Ministerial Approval Process and the project meets the conditions specified in the process, certification that the project will employ a skilled and trained workforce.
(5) Application Review and Approval Process.
(a) General. An application for ministerial approval shall be acted upon by the Director.
(b) Conditions for Approval. Before approving an application for ministerial approval, the Director must make the following findings based on evidence in the record, as applicable, that:
(i) The housing development or low barrier navigation center is eligible for ministerial approval.
(ii) If the ministerial approval is based all or in part on the provision of supportive housing, a finding that all the requirements for a supportive housing development that are specified in the State Supportive Housing Law have been or will be met.
(iii) If the ministerial approval is for a low barrier navigation center, a finding that all the requirements for a low barrier navigation center that are specified in the State Low Barrier Navigation Centers Law have been or will be met.
(iv) If the ministerial approval request is based all or in part on the State Streamlined Ministerial Approval Process, a finding that all the requirements for a housing development approval that are specified in the State Ministerial Approval Process have been or will be met.
(v) If the application includes a request for a density bonus, incentive, waiver, or modification under these regulations, a finding that all the requirements for density bonuses and/or other incentives that are specified in these regulations have been or will be met.
(c) Conditions for Denial.
(i) The Director may deny an application for ministerial approval if the findings required by subsection (5)(b) of this section, as applicable, cannot be made.
(ii) The Director may deny a ministerial approval if doing so would be contrary to state and federal law, and this finding is made in writing.
(iii) Nothing in these regulations limits the City’s right to deny an affordable housing project under Government Code Section 65589.5.
(d) Permit Conditions.
(i) Term. Unless otherwise required by state law, ministerial approvals shall automatically expire three years from the date of the final action establishing that approval, unless otherwise provided in the permit, from and after the date of issuance of the development permit if within such three-year period, pursuant to and in accordance with the provisions of the ministerial approval. The duration of the approval may be extended as provided for in state law.
(ii) Conditions. Following approval of an application under the streamlined ministerial approval process, but prior to issuance of a building permit for the development, the Director may require one-time changes to the development that are necessary to comply with the objective uniform construction codes (including, without limitation, building, plumbing, electrical, fire, and grading codes), to comply with federal or state laws, or to mitigate a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without modifying the development. A “specific, adverse impact” has the meaning defined in Government Code Section 65589.5(d)(2).
(iii) Failure to Install Public Improvements. It shall be a violation of this title for any person who has signed the acceptance of a permit or approval issued pursuant to this chapter to fail to secure the completion of the public improvements required by the permit or approval within the time period specified. If no time period is specified, the time period for completion of improvements shall be deemed to be one year from the issuance of a building permit unless an extension has been granted in writing by the Director or, if no building permit is required, one year from the issuance of the permit or approval.
(iv) Construction Clean Up. It shall be a violation of this title for any person responsible for construction including but not limited to the permit holder and any contractor thereof to fail to keep the public right-of-way free from construction dirt and debris. All on-site construction debris shall be removed at least weekly.
(v) Window Glazing. Unless otherwise indicated on an approved plan or in the approved permit, all first-floor, ground floor windows for any commercial use shall consist of transparent glass.
(vi) Maintenance of Landscape. It shall be a violation of this title for any property owner or other person in control of any site to fail to install or maintain any landscaping required by a permit or approval issued pursuant to these regulations. Any vegetation, required by a permit or approval, which is dead or dying, shall be replaced within 60 days.
(vii) Hours of Construction Within 500 Feet of a Residential Unit. No applicant or agent of an applicant shall suffer or allow any construction activity on a site located within 500 feet of a residential unit before 7:00 a.m. or after 7:00 p.m., Monday through Friday, or at any time on weekends.
(viii) All projects approved under these regulations shall follow current best management practices (BMPs) for stormwater management.
(ix) Prior to the approval of the tract or parcel map (if applicable) by the Director of Public Works, or the issuance of building permits, whichever occurs first, all projects approved under these regulations shall satisfy all applicable Public Works clearance and Building Division clearance requirements.
(x) All projects approved under these regulations shall, if required by the zoning ordinance, satisfy the performance standards of the applicable zoning districts.
(6) Regulations. The Director is hereby authorized to promulgate forms, policies, and regulations for the implementation of this chapter. [Ord. 391 § 2, 2022.]
17.35.050 Revocation of variances and use permits.
In any case where the terms and conditions of a grant of a variance or use permit are not complied with, the Planning Commission shall give notice to the holder of such variance or use permit of its intention to revoke such variance or use permit. Proceedings for the revocation of a variance or use permit shall be conducted in the same manner as proceedings for the grant of a variance or use permit. [Ord. 391 § 2, 2022; Ord. 279 § 6, 2011. Formerly 17.35.040.]
17.35.060 Appeals.
(1) The City Manager or any person aggrieved by an action of the Planning Commission may take an appeal to the City Council by filing a notice of appeal with the City Clerk and with the Planning Commission within 10 days of the action of the Planning Commission. The City Manager is authorized to submit appeals without any further pre-submittal action by the City Council. The notice of appeal filed with the City Clerk shall be accompanied by a filing fee adopted by resolution of the City Council. No filing fee shall be required for any appeal filed by the City Manager. Upon receipt of the notice of appeal, the Planning Commission shall transmit to the City Council all the papers constituting the record upon which the action appealed from was taken.
(2) The City Council shall consider the appeal and the record upon which the action appealed from was taken and shall cause the matter to be set for a public hearing.
(3) Notice of the hearing shall be given as provided in RDMC 17.35.020(4).
(4) Within 60 days of the filing of the notice of appeal, the City Council shall render its decision on the matter. Failure of the City Council to render its decision on the matter within 60 days of the filing of the notice of appeal shall be deemed to be a denial of the appeal and an affirmation of the action of the Planning Commission.
(5) The decision of the City Council upon an appeal is final and conclusive as to all things involved in the matter. [Ord. 391 § 2, 2022; Ord. 279 § 6, 2011. Formerly 17.35.050.]