CHAPTER 2
ZONING
ARTICLE 20. ADMINISTRATION AND PROCEDURES1
SECTION:
§9261 Discretionary Planning Permits
§9263 Site Development Permit Procedures
§9265 Zoning Text Amendments; Rezoning
§9260 PURPOSE
The purpose of this article is to establish the development permit and rezoning/prezoning processing procedures, and to establish the process and legal procedures associated with the enforcement of the provisions of this chapter. Additionally, this article establishes the office of the Zoning Administrator. (Ord. 1002, §2, adopted 1998; Ord. 1216, §7, adopted 2021)
§9261 DISCRETIONARY PLANNING PERMITS
The City’s discretionary planning permits include use permits, site development permits, and variances.
A. Use Permits: A use permit is an entitlement that permits a certain use of land in a zoning district where the use is not allowed by right. Each zoning district contains both allowed and permitted land uses. "Allowed" land uses are allowed without a use permit, while "permitted" uses can only be established with the securing of a use permit. Use permits are usually issued with "conditions," and are intended to provide flexibility by permitting land uses that will not have an adverse impact on surrounding land uses or the general public. The detailed provisions for use permits are contained in section 9262 of this code.
B. Site Development Permits: Site development permits are required for the construction of new multiple-family residential (see subsection B1 of this section), commercial, and industrial structures, or the substantial exterior modification of existing multiple-family residential, commercial, and industrial structures. Projects exempt from the site development permit process include interior building remodels, repair and maintenance of structures or parking areas, minor alterations on building exteriors, and minor accessory structures to established multiple-family residential, commercial, and industrial buildings. Upon request, the Planning Director shall determine whether a project is exempt under this subsection in accordance with the following standards:
1. Multiple-family residential projects that comply with all the design and development standards in Chapter 2, Article 5.2 of this division are exempt; or
2. The project involves an addition of less than one hundred fifty (150) square feet to an existing structure, and the addition would not be highly visible from any public street; or
3. The project involves minor facade modifications that would not significantly change the architectural character or appearance of the structure.
The detailed provisions for site development permits are contained in section 9263 of this code.
C. Variance Permits: A variance is a permit to deviate from the terms of the Zoning Ordinance. It provides relief from specific site development regulations. It is provided for because there are individual lots which, due to some unusual characteristic, cannot be put to productive use if all detailed regulations (e.g., yard setbacks, height) are strictly applied. Variances are not issued for land uses ("use variance") or relief of lot size requirements. The detailed provisions for variances are contained in Section 9264 of this Article.
D. Major And Minor Use Permits, Site Development Permits, And Variances: At the time of application submittal, the Planning Director or assigned designee shall determine if the proposed project constitutes a major or minor use permit, site development permit, or variance. The Planning Director or assigned designee shall be guided by the following criteria when determining whether a discretionary planning permit is major or minor:
1. In the C-1, C-2, and M Zoning Districts, facade improvements, small additions/expansions of more than one hundred fifty (150) square feet, but less than one thousand (1,000) square feet to existing structures, minor amendments to previously approved permits, and changes in use of existing structure(s) that do not require additional parking, and will not generate substantial amounts of additional traffic, noise, or other potential nuisances shall be considered minor in nature. Additions of one thousand (1,000) square feet or more shall be considered major discretionary projects. In the R-2, R-3, and C-N Zoning Districts, additions of six hundred forty (640) or more square feet shall be considered major discretionary projects.
In the C-N (Neighborhood Commercial) Zoning District, a use permit is required to exceed the maximum thirty percent (30%) floor area ratio standard. A proposal to exceed this standard by less than ten percent (10%) is considered a minor use permit.
2. New construction on vacant parcels, large additions/expansions to existing buildings, substantial amendments to previously approved permits, and changes in use of existing structure(s) that would require an expansion of an existing parking facility, or that could generate substantial amounts of additional traffic, noise, or other nuisances shall be considered a major permit.
3. Minor variance applications are those seeking less than fifty percent (50%) relief from a yard setback requirement in a particular zoning district, or a height of less than five feet (5’) over what is allowed in a particular zoning district.
4. Other small and relatively insignificant applications as determined by the Planning Director shall be considered minor.
5. a. In all zoning districts in which they are a permitted use, the following cannabis-related businesses shall be considered major uses:
Cannabis cultivation – Processor.
Cannabis cultivation – Specialty cottage.
Cannabis cultivation – Specialty indoor.
Cannabis cultivation – Specialty mixed light.
Cannabis microbusiness.
Cannabis nursery.
Cannabis retailer.
Major use permits issued for cannabis-related businesses shall be subject to review after the first year of operation, and shall be subject to review and revocation procedures set forth in subsections 9174.2D and E of this code.
b. In all zoning districts in which they are a permitted use, the following cannabis-related businesses shall be considered minor uses:
Cannabis distribution.
Cannabis manufacturer – Level 1.
Cannabis manufacturer – Packaging.
Cannabis Manufacturer – Shared use.
Minor use permits issued for cannabis-related businesses shall be subject to review after the first year of operation, and shall be subject to review and revocation procedures set forth in subsections 9174.2D and E of this code.
c. In the Heavy Commercial (C-2) and Manufacturing (M) Zoning Districts, cannabis testing laboratories shall be considered a minor use. In the Community Commercial Zoning District (C-1) and General Urban (GU), Urban Center (UC), and Downtown Core (DC) Zoning Districts, cannabis testing laboratories shall be considered a major use.
d. In all zoning districts in which they are a permitted use, cannabis retailers will be required to obtain a dispensary use permit, as set forth in Division 6, Chapter 8 of this code.
E. Use Or Project Not Established: Whenever in this Article a permit is subject to revocation because the use or project for which the permit was issued is not established within required time limits, "not established" shall mean that the permittee has not taken substantial steps and has not incurred substantial expense to construct, complete and commence the use for which the permit was issued, and is not diligently completing the project and commencing the use for which the permit was issued. (Ord. 1002, §2, adopted 1998; Ord. 1186, §7, adopted 2018; Ord. 1188, §4, adopted 2018; Ord. 1216, §7, adopted 2021; Ord. 1226, §11, adopted 2022)
§9262 USE PERMIT PROCEDURES
Use permit application and processing procedures shall be as follows:
A. General: Use permits shall be issued as provided in this Chapter only for land uses or purposes for which such permits are required. The Zoning Administrator or Planning Commission shall conduct a public hearing and decide all applications for use permits required by this Chapter. If the Planning Director determines that the use permit application is minor in nature, it shall be scheduled for a public hearing before the Zoning Administrator. If the Planning Director determines that the use permit application is major, it shall be scheduled for consideration by the Planning Commission for public hearing and action.
Projects requiring a use permit for new construction or exterior modifications need not have a separate site development permit. Site development review, criteria, and findings shall be incorporated into the use permit process.
B. Application Filing And Submittal Requirements: Applications for use permits shall be filed with the City Planning Department and shall be accompanied by a plot plan sufficient to show the details of the proposed use or building, as well as surrounding land uses, and any other project related information deemed necessary by the Planning Director. Application fees shall be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. The payment of the established fee shall be made at the time of application submittal.
C. Public Noticing Requirements: The City shall follow the public noticing procedures of the California Government Code. Failure of any person to receive mailed notice or failure to post notice shall not invalidate any proceedings conducted by the decision-making body. Unless in conflict with the notice requirements of the Government Code, notices of public hearings on applications for use permits shall be given at least ten (10) days prior thereto, by the following manner:
1. Publication in a newspaper of general circulation in the City.
2. Notice by mail, using addresses from the latest equalized assessment roll, to all owners of property within a three hundred foot (300’) distance of any boundary of the subject property, and to the project applicant or agent, as well as to the property owner of record.
3. Notice shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities and services which may be significantly affected.
4. The subject property shall be posted in three (3) locations ten (10) days prior to the public hearing.
D. Action On Use Permits: All applications for use permits shall be considered and acted upon by either the Zoning Administrator or the Planning Commission.
1. The Zoning Administrator shall review, conduct public hearings, and decide upon all minor use permit applications.
2. Appeals of the Zoning Administrator actions shall be heard by the City Council for a final decision.
3. The Planning Commission shall review, conduct public hearings, and decide upon all major use permit applications.
4. Appeals of the Planning Commission actions shall be heard by the City Council for a final decision.
5. At the discretion of the Planning Director, any use permit application may be scheduled for consideration and decision-making by the Planning Commission.
6. Any use permit application which is reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied.
E. Findings: Findings are required to grant a use permit.
1. The Zoning Administrator or the Planning Commission, on the basis of the evidence submitted at the hearing, may grant use permits required by the provisions of this Article whenever findings of fact support the following determinations:
a. The proposed land use is consistent with the provisions of this Title as well as the goals and policies of the City General Plan.
b. The proposed land use is compatible with surrounding land uses and shall not be detrimental to the public’s health, safety and general welfare.
2. The findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap between the evidence and the decision-maker’s conclusions, and shall be based upon evidence contained in the administrative record.
F. Conditions Of Approval: Conditions of project approval may be imposed on use permit applications.
1. In approving a use permit, the Zoning Administrator or Planning Commission may include such conditions as are deemed reasonable and necessary to preserve the integrity and character of the zoning district and the General Plan. Such conditions shall promote the safe and orderly use of the property, and assure compatibility with surrounding land uses. Nothing in this Chapter shall be construed to limit the discretion or the authority of the Zoning Administrator or Planning Commission to require conditions, provided the conditions constitute a lawful exercise of the police power and not a taking of private property under the Fifth Amendment of the United States Constitution.
2. The Zoning Administrator or Planning Commission may condition a use permit to prohibit the occupancy of a building, structure, or land use until an inspection has been made which finds that the building, structure, or land use complies with all conditions specifically required to be completed prior to occupancy. If a use permit is so conditioned, the Zoning Administrator or Planning Commission shall notify the City Building Official of such conditions. If a building permit is issued for a building or structure which is subject to a use permit so conditioned, the Building Official shall not approve a final inspection of such building or structure until the conditions have been met; provided, however, that responsibility for assuring applicant compliance with the provisions of the use permit remains with the Planning Director. The Planning Commission or the Zoning Administrator may also require conditions be completed prior to the issuance of building permits.
G. Effective Date: The use permit shall be deemed legally in effect when the appeal period has lapsed, unless a timely appeal is properly filed. If an appeal is filed, the use permit shall become effective upon final approval by the City Council. This date shall be so noted in the official use permit application file and shall also be noted upon the issued use permit and/or approval confirmation letter.
H. Expiration And Revocation: The following provisions detail the use permit expiration and revocation process:
1. Revocation: An approved use permit may be revoked through the City’s revocation process if the use for which the use permit was granted is not being conducted in compliance with the use permit as conditioned, or:
a. If any land use for which a use permit has been granted and issued is not established within two (2) years of the use permit’s effective date; or
b. If the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months.
2. Procedure: If a use permit is subject to revocation under subsection H1 of this Section, the City shall follow the procedures set forth herein.
a. Notice: Notice of a hearing before the Planning Commission shall be provided in accordance with subsection C of this Section.
b. Hearing: The Planning Commission shall conduct a public hearing to determine whether the permit shall be revoked and shall make findings that comply with subsection E2 of this Section.
c. Appeal: The Planning Commission decision shall be subject to appeal in accordance with Section 9266 of this Article.
3. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant to subsection H1a or H1b of this Section, from applying for a new permit in accordance with the procedures for new applications.
I. Renewal: Use permits may be renewed for an additional period not to exceed one year provided, if an application for renewal is filed with the Planning Department prior to the expiration of the permit. The application shall consist of a detailed letter explaining the reason(s) for the request. The Planning Director shall grant or deny an application to renew a use permit, and shall provide an explanation of his decision, in writing, to the applicant. The Planning Director’s decision to approve a renewal shall generally be based upon a determination that all the circumstances associated with the original approval are substantially the same at the time of the renewal application. An appeal of the Planning Director’s decision may be made to the City Council for a final decision. Any such appeal must comply with the requirements of Section 9266 of this Article. (Ord. 1002, §2, adopted 1998; Ord. 1186, §7, adopted 2018; Ord. 1190, §4, adopted 2018)
§9263 SITE DEVELOPMENT PERMIT PROCEDURES
The following regulations govern the submittal, review, and processing of site development permits:
A. General: Site development permits shall be issued as provided in this chapter only for site development projects for which such permits are required. The Design Review Board shall review and make recommendations to the Zoning Administrator, Planning Commission and City Council on site development permit applications, planned development applications and precise development plans. The Zoning Administrator or Planning Commission shall conduct a public hearing and decide all applications for site development permits required by this chapter. If the Planning Director determines that the site development permit application is minor in nature, it shall be scheduled for a public hearing before the Zoning Administrator. If the Planning Director determines that the site development permit application is major, it shall be referred to the Planning Commission for public hearing and action.
B. Application Filing And Submittal Requirements: All applications for site development permits shall include the following information:
1. A detailed site plan sufficient to fully illustrate the proposed project and adjoining land uses.
2. Elevation drawings of all proposed structures.
3. Details of all proposed signs.
4. A landscaping plan detailing all new and existing landscaping to be incorporated into the design of the project.
5. A floor plan of the proposed structure.
6. A parking plan.
7. Any other project-related information requested by the Planning Director.
8. The actual application form and filing fee, which shall be established from time to time by resolution adopted by the City Council in accordance with such procedures as required by law.
C. Public Noticing Requirements For Zoning Administrator And Planning Commission Meetings: Failure of any person to receive mailed notice or failure to post notice shall not invalidate any proceedings conducted by the decision-making body. Notices of public hearings on applications for site development permits shall be given at least ten (10) days prior thereto, by the following manner:
1. Publication in a newspaper of general circulation in the City.
2. Notices shall be mailed, using addresses from the latest equalized assessment roll, to all owners of property within a three hundred foot (300') distance of any boundary of the subject property, and to the project applicant or agent, as well as to the property owner of record.
3. Notice shall also be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities and services which may be significantly affected.
4. The subject property shall also be posted in three (3) locations ten (10) days prior to the public hearing.
D. Action On Site Development Permits: All applications for site development permits shall be considered and acted upon by either the Zoning Administrator or the Planning Commission.
1. The Zoning Administrator shall review, conduct public hearings, and decide upon all minor site development permit applications.
2. Appeals of the Zoning Administrator actions shall be heard by the City Council for a final decision.
3. The Planning Commission shall review, conduct public hearings, and decide upon all major site development permit applications.
4. Appeals of the Planning Commission actions shall be heard by the City Council for a final decision.
5. At the discretion of the Planning Director, any site development permit application may be directed to the Planning Commission for consideration and decision-making action.
6. Any site development permit application which is reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied.
E. Findings: The Zoning Administrator and/or Planning Commission shall make findings when acting to approve site development permit applications. The findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis of the action by bridging the gap between the evidence and the decision-maker’s conclusions, and shall be based upon evidence contained in the administrative record. Failure to make findings that support the following determinations shall result in a denial of the site development permit application:
1. The proposal is consistent with the goals, objectives, and policies of the City General Plan.
2. The location, size, and intensity of the proposed project will not create a hazardous or inconvenient vehicular or pedestrian traffic pattern.
3. The accessibility of off-street parking areas and the relation of parking areas with respect to traffic on adjacent streets will not create a hazardous or inconvenient condition to adjacent or surrounding uses.
4. Sufficient landscaped areas have been reserved for purposes of separating or screening the proposed structure(s) from the street and adjoining building sites, and breaking up and screening large expanses of paved areas.
5. The proposed development will not restrict or cut out light and air on the property, or on the property in the neighborhood; nor will it hinder the development or use of buildings in the neighborhood, or impair the value thereof.
6. The improvement of any commercial or industrial structure will not have a substantial detrimental impact on the character or value of an adjacent residential zoning district.
7. The proposed development will not excessively damage or destroy natural features, including trees, shrubs, creeks, and the natural grade of the site.
8. There is sufficient variety, creativity, and articulation to the architecture and design of the structure(s) and grounds to avoid monotony and/or a box-like uninteresting external appearance.
F. Conditions Of Approval: Conditions of project approval may be imposed on site development permit applications.
1. In approving a site development permit, the Zoning Administrator or Planning Commission may include such conditions as are deemed reasonable and necessary to maintain or assure compliance with the standards/criteria listed in subsection E of this section. Nothing in this section shall be construed to limit the discretion of the authority of the Zoning Administrator or Planning Commission to require conditions.
2. The Zoning Administrator or Planning Commission may condition a site development permit to prohibit occupancy of a project building until an inspection has been made which finds that the project building, landscaping and other required improvements have been completed, and the project complies with all conditions specifically required to be completed prior to occupancy. If a site development permit is so conditioned, the Planning Director shall notify the City Building Official of such conditions. If a building permit is issued for a building or structure which is subject to a site development permit so conditioned, the Building Official shall not approve a final inspection of such building or structure until the conditions have been satisfied. The Planning Commission or the Zoning Administrator may also require conditions be completed prior to the issuance of building permits.
G. Effective Date: The site development permit shall be deemed legally in effect when the appeal period has lapsed, unless a timely appeal is properly filed. If a timely appeal is filed, the permit shall be deemed legally effective when finally approved by the City Council. This date shall be so noted in the official site development permit application file and shall also be noted upon the issued site development permit and/or approval confirmation letter.
H. Expiration And Revocation: The following provisions detail the site development permit expiration and revocation process:
1. Revocation: An approved site development permit may be revoked through the City’s revocation process if the site development project is not being conducted in compliance with the site development permit, as conditioned, or:
a. If any project for which a site development permit has been granted and issued is not established within two (2) years of the site development permit’s effective date; or
b. If the established land use for which the permit was granted has ceased or has been suspended for twenty-four (24) consecutive months.
2. Procedure: If a site development permit is subject to revocation under subsection H1 of this Section, the City shall follow the procedures set forth herein.
a. Notice: Notice of a hearing before the Planning Commission shall be provided in accordance with subsection C of this section.
b. Hearing: The Planning Commission shall conduct a public hearing to determine whether the permit shall be revoked and shall make findings that comply with subsection E of this section.
c. Appeal: The Planning Commission decision shall be subject to appeal in accordance with section 9266 of this code.
3. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant to subsection H1a or H1b of this section from applying for a new permit in accordance with the procedures for new applications.
I. Renewal: Site development permits may be renewed for an additional period not to exceed one year provided, prior to the expiration of the permit, an application for renewal is filed with the Planning Department. The application shall consist of a detailed letter explaining the reason(s) for the request. The Planning Director shall grant or deny an application to renew a site development permit, and shall provide an explanation of his decision, in writing, to the applicant. The Planning Director’s decision to approve a renewal shall generally be based upon a determination that all the circumstances associated with the original approval are substantially the same at the time of the renewal application. An appeal of the Planning Director’s decision may be made to the City Council for a final decision. Any such appeal must comply with the requirements of Section 9266 of this code. (Ord. 1002, §2, adopted 1998; Ord. 1136, §2, adopted 2012)
§9264 VARIANCE PROCEDURES
Variance applications and processing procedures shall be as follows:
A. Application Filing And Submittal Requirements: Applications for variances shall be made to the City Planning Department by filling out the required variance application form, and submitting a detailed plot plan of the subject property, as well as surrounding land uses, elevation drawings, and any other project-related information deemed necessary by the Planning Director. The appropriate filing fee must also be paid at the time of application submittal.
B. Public Noticing Requirements: The City shall follow the public noticing procedures of the California Government Code. Failure of any person to receive mailed notice or failure to post notice shall not invalidate any proceedings conducted by the decision-making body. Unless in conflict with the provisions of the Government Code, notices of public hearings on applications for variances shall be given at least ten (10) days prior thereto, by the following manner:
1. Publication in a newspaper of general circulation in the City.
2. Notices shall be mailed, using addresses from the latest equalized assessment roll, to all owners of property within a three hundred foot (300') distance of any boundary of the subject property, and to the project applicant or agent, as well as to the property owner of record.
3. Mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities and services which may be significantly affected.
4. The subject property shall be posted in three (3) locations ten (10) days prior to the public hearing.
C. Action On Variances: All applications for variances shall be considered and acted upon by either the Zoning Administrator or the Planning Commission.
1. The Zoning Administrator shall review, conduct public hearings, and decide upon all minor variance applications.
2. Appeals of the Zoning Administrator actions shall be heard by the City Council for a final decision.
3. The Planning Commission shall review, conduct public hearings, and decide upon all major variance applications.
4. Appeals of the Planning Commission actions shall be heard by the City Council for a final decision.
5. At the discretion of the Planning Director, any variance application may be directed to the Planning Commission for consideration and decision-making action.
6. Any variance application which is reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied.
D. Findings: Findings are required to grant a variance.
1. The Zoning Administrator or Planning Commission, on the basis of the evidence submitted at the hearing, may grant variances from the requirements of this Chapter when:
a. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Article deprives such property of privileges enjoyed by other property in the vicinity and subject to identical zoning regulations.
b. The issuance of the variance would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations.
c. The grant of the variance would not be detrimental to surrounding property owners.
2. The findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis for the action by bridging the gap between the evidence and the decision-maker’s conclusions, and shall be based upon evidence contained in the administrative record.
E. Conditions: Any variance granted may be subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and subject to identical zoning regulations.
F. Effective Date: The variance shall be deemed legally in effect when the appeal period has lapsed, unless a timely appeal is properly filed. If such an appeal is filed, the variance shall be deemed legally effective upon final approval by the City Council. This date shall be so noted in the official variance permit application file and shall also be noted upon the issued variance permit and/or approval confirmation letter.
G. Expiration And Revocation: The following provisions detail the variance expiration and revocation process:
1. Revocation: An approved variance may be revoked through the City’s revocation process if the variance project is not being conducted in compliance with the variance as conditioned, or:
a. If any project for which a variance has been granted and issued is not established within two (2) years of the variance’s effective date; or
b. If the structure for which the variance was granted is removed for a period of two (2) years.
2. Procedure: If a variance is subject to revocation under subsection G1 of this Section, the City shall follow the procedures set forth herein.
a. Notice: Notice of a hearing before the Planning Commission shall be provided in accordance with subsection B of this Section.
b. Hearing: The Planning Commission shall conduct a public hearing to determine whether the permit shall be revoked and shall make findings that comply with subsection D of this Section.
c. Appeal: The Planning Commission decision shall be subject to appeal in accordance with Section 9266 of this Article.
3. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant to subsection G1a or G1b of this Section from applying for a new permit in accordance with the procedures for new applications.
H. Renewal: Variances may be renewed for an additional period not to exceed one year provided, prior to the expiration of the variance, an application for renewal is filed with the Planning Department. The application shall consist of a detailed letter explaining the reason(s) for the request. The Planning Director shall grant or deny an application to renew a variance, and shall provide an explanation of his decision, in writing, to the applicant. The Planning Director’s decision to approve a renewal shall generally be based upon a determination that all the circumstances associated with the original approval are substantially the same at the time of the renewal application. An appeal of the Planning Director’s decision may be made to the City Council for a final decision. Any such appeal must comply with the requirements of Section 9266 of this Article. (Ord. 1002, §2, adopted 1998)
§9265 ZONING TEXT AMENDMENTS; REZONING
The text of this Chapter, the boundaries of zoning districts, or planned development ordinances, may be changed whenever the public necessity, convenience, and general welfare require such amendment, or when corresponding changes are made to the City General Plan, by following the procedures set forth in this Article.
A. Initiation Of Amendments: An amendment to the text or maps may be initiated by:
1. The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Planning Department and be accompanied by a fee, if any, that has been established from time to time by resolution of the City Council.
2. A minute order action of intention of the City Council or Planning Commission.
3. Planning Department staff for compliance with the City General Plan, or public health, safety, and general welfare.
B. Application Filing And Submittal Requirements: Applications for zoning text, district boundary, and planned development ordinance amendments shall be filed with the City Planning Department, and shall include a completed application form, filing fee, and any additional information, studies, plans, or documentation which might assist the Planning Department in better understanding the proposal or are requested by the Planning Director or his/her designee.
C. Public Noticing Requirements: Notices of public hearings on zoning text, district boundary, and planned development ordinance amendment applications shall be publicly noticed according to State law.
D. Action On Text Amendment, Rezoning Applications: The Planning Commission shall hold at least one public hearing on any proposed Zoning Code text amendment and/or General Plan amendment, and formulate a recommendation to the City Council.
The Planning Commission’s recommendation shall be advanced to the City Council for consideration at the next available City Council meeting. The City Council shall conduct a public hearing, duly noticed according to State law, prior to taking a final action on the project.
E. Findings: The City Council shall make findings supporting their action on zoning text, district, and planned development ordinance amendment applications, if advised to do so by the City Attorney. (Ord. 1002, §2, adopted 1998)
§9266 APPEALS
All determinations of the Zoning Administrator or the Planning Commission regarding minor discretionary planning permits, shall be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council resolution, are filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken.
An appeal of the decision of the Zoning Administrator shall go to the City Council for a final decision. Such an appeal must be made in writing stating the reasons for the appeal, must include the appeal fee, if any, established from time to time by City Council resolution, and must be filed with the City Clerk within ten (10) days of the date the decision was made. The Planning Commission shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this Article. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Zoning Administrator. All City Council decisions on appeals of the Zoning Administrator’s action are final for the City.
All determinations of the Planning Commission regarding major discretionary planning permits, shall be final unless a written appeal, stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council resolution, are filed with the City Clerk, within ten (10) days of the date the decision was made. Appeals may be filed by an applicant or any interested party. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken.
An appeal of the decision of the Planning Commission shall go to the City Council for a final decision. The City Council shall conduct a duly noticed public hearing on the appeal in accordance to the applicable procedures as set forth in this Article. At the close of the public hearing, the City Council may affirm, reverse, revise or modify the appealed decision of the Planning Commission. All City Council decisions on appeals of the Planning Commission’s action are final for the City. (Ord. 1002, §2, adopted 1998)
§9267 PREZONING
The City may prezone unincorporated territory adjoining the City for the purpose of determining the zoning which will apply to such property in the event of subsequent annexation to the City.
A. Public Notice Requirements: Public notice of both the Planning Commission and City Council hearings to prezone territory shall be published in a newspaper of general circulation published and circulated in the area to be prezoned, and if there is no such newspaper, the notice shall be posted in at least three (3) public places in the area to be prezoned. Written notice of both the Planning Commission and City Council hearings shall be mailed to the owners of the property within a radius of three hundred feet (300’) of the exterior boundaries of the property which is the subject of the application, using for such purpose the name and address of such owners as shown upon the current assessment roll of the County. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one thousand (1,000), the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth (1/8) page in at least one newspaper of general circulation in the community at least ten (10) days prior to the hearing. Contents of the advertisement shall be pursuant to the Government Code. The failure of any person to receive such notice shall not invalidate the proceedings.
B. Action On Prezoning: The City Planning Commission shall conduct a public hearing to consider a proposal for prezoning territory. The Commission shall formulate a recommendation to the City Council. The City Council shall also conduct a public hearing to consider the prezoning proposal, and shall render a decision accordingly.
C. Effective Date: The ordinance prezoning a territory shall become effective upon the effective date of the ordinance or resolution annexing such territory to the City. (Ord. 1002, §2, adopted 1998)
§9268 ZONING ADMINISTRATOR
There is hereby created in the Planning Department, the office of the Zoning Administrator. The Zoning Administrator shall be the Planning Director or his/her designated representative.
A. Function And Duties: The function of the Zoning Administrator is to achieve improved coordination in the administration of the Zoning Code; to increase the efficiency of the zoning enforcement proceedings; to reduce the time required in processing applications for the minor discretionary planning permits; and to relieve the Planning Commission of certain routine functions in order that it may give its attention to its primary responsibility of comprehensive community planning.
B. Authority: The Zoning Administrator shall have the authority and it shall be a duty of this office to conduct public hearings, and to make determinations regarding minor use permits, site development permits, variances, modifications of conditions of approval, minor changes to previously approved projects, and other minor zoning matters as determined by the City Planning Director.
C. Action By The Zoning Administrator: The Zoning Administrator shall make findings and approve, conditionally approve, or deny minor use permits, site development permits, variances, and other discretionary zoning matters. The Zoning Administrator shall have the authority to impose conditions of approval as provided for in this Article.
D. Referral To The Planning Commission: The Zoning Administrator may refer any application for a use permit, site development permit, variance, or any other zoning matter to the Planning Commission for public hearing.
E. Appeals: All decisions made by the Zoning Administrator are appealable to the City Council for a final decision as provided for in this Chapter. (Ord. 1002, §2, adopted 1998)
Ord. 793, §2, adopted 1982; Ord. 880, §5, adopted 1988; rep. by Ord. 1002, §2, adopted 1998.