The purpose of this chapter is to specify the public notice and hearing process for an application for a permit or variance, and the findings upon which an approval, conditional approval or denial is based.
(Ord. 5428 § 1, 2014)
Type “A.” The public hearing may be waived. Notice of an intent to approve a development entitlement shall be mailed at least 10 days prior to an action to the applicant, the property owner, the owners, as shown on the most recent secured assessor’s roll, of property within 300 feet of the property involved in the application, and all persons who have requested notice, pursuant to Section 19.78.050 of this title. Should a public hearing be requested as a result of the notice, or as otherwise permitted by this title, the Approving Authority shall be as identified in Section 19.74.010 and notice of the public hearing shall be as identified in Type “B.”
Type “B.” Public hearing is required. Notice of the hearing shall be mailed at least 10 days prior to the public hearing to the applicant, the property owner, the owners, as shown on the most recent secured assessor’s roll, of property within 300 feet of the property involved in the application, and each local agency expected to provide water, sewer, streets, roads, schools or other essential facilities or services to the site. Notice shall also be provided to all persons who have requested notice, pursuant to Section 19.78.050 of this title. The radius list for notice of a permit application for an adult establishment shall be expanded as required by Section 19.32.030 of this title. The radius list for notice of a permit application for a nightclub use shall be expanded as required by Section 19.49.040 of this title.
Ten days prior to the public hearing, notice shall also be provided by at least one of the following methods:
1.
Publication in a newspaper of general circulation within the City; or
2.
Posting in at least three public places within the City and posting the application site.
Type “C.” The public hearing may be waived. Notice of intent to approve a development entitlement shall be posted on the subject site, by the property owner, at least 10 days prior to an action to the applicant and/or the property owner(s). Should a public hearing be requested as a result of the notice, or as otherwise permitted by this title, the Approving Authority shall be as identified in Section 19.74.010 and notice of the public hearing shall be as identified in Type “B.” |
Type “D.” No public hearing required and no public notice is required. |
REQUIRED HEARINGS, AUTHORIZED APPROVING AUTHORITY AND PUBLIC NOTICE | |||
|---|---|---|---|
TYPE OF PERMIT OR VARIANCE | APPROVING AUTHORITY | ||
PLANNING MANAGER | DESIGN COMMITTEE | PLANNING COMMISSION | |
NOTICE TYPE | |||
Administrative Permit | A | ||
Conditional Use Permit | B | ||
Development Agreement | B | ||
Design Review Permit | A | B | |
Design Review Permit, Minor | C | ||
Design Review Permit for Residential Subdivision | B | ||
Extension | A | A | |
Flood Encroachment Permit | B | ||
Major Project | |||
Stage I - Preliminary Development Plan | B | ||
Stage II - Architecture and Landscape Review | B | ||
Stage III - Final Plans | D | ||
Modification | A | ||
Planned Development Permit | B | ||
Tree Permit | B | B | |
Tree Permit, Administrative | D | ||
Variance | B | ||
Variance, Administrative | A | ||
(Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020; Ord. 6603 § 4, 2023)
Whenever the provisions of Section 19.78.020 permit the waiving of a public hearing, the notice of intent to take action shall contain the following information:
A.
The name of the applicant;
B.
The file number assigned to the application;
C.
A general description of the nature of the request;
D.
A general description, in text or diagram, of the location of property, if any, that is subject to the hearing;
E.
The identity of the Approving Authority as the Planning Manager and the scheduled date for action;
F.
The following statement:
“The purpose of this notice is to inform you that an application for the described project has been submitted to the Roseville Planning Division. The Planning Manager may approve the application without holding a public hearing, unless a public hearing is requested in writing by you or any individual wanting to comment on the project prior to the scheduled approval date”;
G.
Notice that if a decision is challenged in court, the challenge may be limited to raising only those issues which were raised at a public hearing, if a public hearing is requested, or in written correspondence delivered to the Planning Manager at, or prior to, the public hearing; and
H.
A description of the procedure for requesting the scheduling of a public hearing or for filing an appeal.
(Ord. 5428 § 1, 2014)
The public notice when a public hearing is required shall contain the following information:
A.
The name of the applicant;
B.
The file number assigned to the application;
C.
A general description of the nature of the request;
D.
A general description, in text or diagram, of the location of property, if any, that is subject to the hearing;
E.
The date, time, and place of the public hearing;
F.
The identity of the Approving Authority and a brief description of the process and procedure for submitting public comment; and
G.
Notice that if a decision is challenged in court, the challenge may be limited to raising only those issues which were raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Manager at, or prior to, the public hearing.
(Ord. 5428 § 1, 2014)
Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the Planning Division. The City may impose a reasonable fee by resolution of the Council for the purpose of recovering the cost of such notification.
(Ord. 5428 § 1, 2014)
The Approving Authority may approve or conditionally approve an application for a permit or variance, as defined in Section 19.74.010, only if all of the following applicable findings, in addition to those findings that are applicable in this title are made.
A.
Findings for an Administrative Permit or a Conditional Use Permit. The Approving Authority shall make the following findings to approve an Administrative Permit or a Conditional Use Permit:
1.
The proposed use or development is consistent with the City of Roseville General Plan and any applicable specific plan.
2.
The proposed use or development conforms to all applicable standards and requirements of this title.
3.
The location, size, design and operating characteristics of the use or development is compatible with and shall not adversely affect or be materially detrimental to the health, safety, or welfare of persons residing or working in the area, or be detrimental or injurious to public or private property or improvements.
B.
Findings for a Design Review Permit. The Approving Authority shall make the following findings to approve a Design Review Permit:
1.
The project as approved preserves and accentuates the natural features of the property, such as open space, topography, trees, wetlands and water courses; provides adequate drainage for the project; and allows beneficial use to be made of the site for development.
2.
The project site design as approved provides open space; access; vehicle parking; vehicle, pedestrian, and bicycle circulation; pedestrian walks and links to alternative modes of transportation; loading areas; landscaping; irrigation; and lighting which results in a safe, efficient, and harmonious development and which is consistent with the applicable goals, policies and objectives set forth in the General Plan, the Community Design Guidelines and the applicable specific plan and/or applicable design guidelines.
3.
The building design, including the materials, colors, height, bulk, size and relief, and the arrangement of the structures on the site, as approved is harmonious with other development and buildings in the vicinity and is consistent with the applicable goals, policies and objectives set forth in the General Plan, the Community Design Guidelines and the applicable specific plan and/or applicable design guidelines.
4.
The design of the public services, as approved, including, but not limited to, trash enclosures and service equipment, are located so as not to detract from the appearance of the site, and are screened appropriately and effectively using construction materials, colors, and landscaping that are harmonious with the site and the building designs.
C.
Findings for a Minor Design Review Permit. The Approving Authority shall make the following findings to approve a minor Design Review Permit.
1.
The proposed improvement is minor in nature and is substantially compatible with the existing structure and complimentary to the adjacent land uses.
2.
The proposed improvement complies with all applicable standards and requirements of this title and with the applicable goals, policies and objectives set forth in the General Plan, the applicable Community Design Guidelines and the applicable specific plan.
D.
Findings for an Extension. The Approving Authority shall make the following findings to approve an extension:
1.
The proposed development is in compliance with all standards in effect as of the date of application for the extension, or there is no public benefit to the imposition of current standards comparable to the cost of imposing item.
2.
No change has occurred in the circumstances or in the factual basis on which the approval was made since the date of original approval, which results in the inability to make findings of approval for the extension consistent with those originally made.
E.
Findings for a Flood Encroachment Permit. The Approving Authority shall make the following findings to approve a flood encroachment permit:
F.
Findings for a Tree Permit. The Approving Authority shall make the following findings to approve a Tree Permit:
1.
Approval of the Tree Permit will not be detrimental to the public health, safety or welfare, and approval of the Tree Permit is consistent with the provisions of Chapter 19.66.
2.
Measures have been incorporated in the project or permit to mitigate impacts to remaining trees or to provide replacement for trees removed.
G.
Findings for a Variance. The Approving Authority shall make the following findings to approve a variance:
1.
There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of the provisions of this Zoning Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical land use district classification.
2.
The granting of the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located.
3.
The granting of the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel and will not constitute a grant of special privilege inconsistent with the limitations upon other property in the vicinity and under identical zoning classification.
H.
Findings for a Planned Development Permit. The Approving Authority shall make the following findings to approve a planned development permit:
1.
The use and design of the proposed development conforms with the requirements of the applicable specific plan, planned development zone district and the requirements of this title.
2.
The location, size, design and operating characteristics of the use or development is to be compatible with and will not adversely affect or be materially detrimental to the health, safety, or welfare of persons residing or working in the area, and will not be detrimental or injurious to public or private property or improvements.
I.
Findings for a Design Review Permit for Residential Subdivision. The Approving Authority shall make the following findings to approve a Design Review Permit for Residential Subdivisions:
J.
Findings for a Modification. The Approving Authority shall make the following findings to approve a modification:
1.
The proposed modification is substantially consistent with the intent of the original approval.
2.
The proposed modification complies with all applicable standards and requirements of this title, with the applicable goals, policies and objectives set forth in the General Plan, the applicable Community Design Guidelines and the applicable specific plan.
(Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)
A.
As set forth in California Government Code Section 65589.5(d) as may be amended from time to time, the Approving Authority may not disapprove a housing development project for very low, low, or moderate income households, or an emergency shelter, unless it makes written findings as to one of the following:
1.
The City has adopted a housing element in accordance with State law that is in substantial compliance with State law and the City has met or exceeded its share of the regional housing need allocation pursuant to California Government Code Section 65584, as may be amended from time to time, for the planning period for the income category proposed for the housing development project. In the case of an emergency shelter, the City has met or exceeded the need for emergency shelter, as identified pursuant to California Government Section 65583(a)(7), as may be amended from time to time.
2.
The housing development project or emergency shelter as proposed would have 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 rendering the development unaffordable to low and moderate income households or rendering the development of the emergency shelter financially infeasible.
3.
The denial of the housing development project or imposition of conditions is required in order to comply with specific State or Federal law, and there is no feasible method to comply without rendering the development unaffordable to low and moderate income households or rendering the development of the emergency shelter financially infeasible.
4.
The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.
5.
The housing development project or emergency shelter is inconsistent with both this Zoning Ordinance and General Plan land use designation as specified in any element of the General Plan as it existed on the date the application was deemed complete, and the City has adopted a housing element in accordance with State law that is in substantial compliance with State law.
(Ord. 6198 § 1, 2020; Ord. 6538 § 22, 2022)
A.
As set forth in California Government Code Section 65589.5(j), as may be amended from time to time, when a proposed housing development project complies with applicable, objective General Plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, the Approving Authority may not disapprove the project, or impose a condition that the project be developed at a lower density, unless it makes written findings that both of the following conditions exist:
1.
The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this section, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
2.
There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to subsection (A)(1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
(Ord. 6538 § 23, 2022)