The purpose of this chapter is to establish review procedures
for land use entitlement applications including permits and variances;
and applications to amend or adopt the general plan, specific plans,
the zoning map or zoning ordinance.
(Ord. 515 § 10, 2023)
No entitlement shall be granted, or permit be issued for construction
on a lot, which is not a legal lot, as defined by the state Subdivision
Map Act and the subdivision ordinance.
(Ord. 515 § 10, 2023)
A.
Purpose.
A zoning clearance is a permit that is granted on the basis of a ministerial
decision by the community development director or designee without
a hearing. A zoning clearance certifies that a proposed use of land
or structures meets all requirements of this title and the applicable
conditions of any previously approved discretionary planned development
permit, administrative permit and/or conditional use permit.
B.
Applicability. Except as provided in Chapter 17.20 of this title, a zoning clearance is required prior to the implementation of uses of land or structures, construction requiring building permits and the commencement of any activity authorized by a permit or subdivision granted in accordance with the zoning and subdivision ordinances of the city. A zoning clearance shall be issued if the proposed uses of land or structures:
1.
Are
permissible under the present zoning on the land and the city's zoning
and subdivision ordinances, planned development permit or conditional
use permit;
2.
Are
compatible with the policies and land use designations specified in
the general plan, and any applicable specific plan;
3.
Comply
with the applicable terms and conditions of any applicable permit
or other entitlement;
4.
Are
not located on the same site where a violation of this code exists
or are not in violation of the terms of an existing permit covering
the site or structure, unless the zoning clearance is necessary to
abate the violation;
5.
Are
not being requested by or on a site where there are outstanding entitlement,
processing or condition compliance fees owed to the city; and
6.
Are
consistent with the portions of the county hazardous waste management
plan that identify specific sites or siting criteria for hazardous
waste facilities.
C.
Zoning
Clearance for Changes to Discretionary Development Permits. For commercial,
industrial, or institutional buildings, a zoning clearance may be
issued to approve a change in color for an existing building, structure,
or other on-site improvement, provided that the community development
director is able to find that the new color(s) is (are) compatible
with the architectural design of the building, structure, or other
on-site improvement and consistent with the original findings and
conditions of approval and specific plan, if applicable. This zoning
clearance authority is intended to modify any condition of approval
for a planned development permit or other entitlement approved prior
to March 18, 2009, requiring city council or planning commission approval
for a color change.
D.
Expiration.
Zoning clearances shall expire one year after issuance, unless otherwise
indicated by the community development director on the clearance or
unless the use of land or structures or building construction has
commenced and is being diligently pursued, as evidenced by current
inspections and/or valid building permits.
(Ord. 515 § 10, 2023)
The following discretionary permits and exceptions are authorized
by this title. If more than one discretionary permit or exception
application is required for a proposed use or structure, the community
development director may require all applications for the proposed
use or structure to be filed, processed, considered, and decided concurrently
through the most thorough decision-making process and by the highest
decision-making authority of the permits and/or exceptions requested.
A.
Temporary Use Permit (TUP). A temporary use permit is required prior to initiation of uses or structures in a given zone as specified by Chapter 17.20 of this title that are to be established for a temporary period of time (not to exceed 90 days). A temporary use permit may include multiple nonconsecutive dates within a 90 day time frame. Temporary use permit applications require review and approval by the community development director to assure compliance with the requirements of this title, and may be conditioned to protect the health, safety, life, aesthetics, or property of the applicant or the public. One additional 90 day extension to a temporary use permit may be granted. A period of 60 days must occur between temporary use permits at the same location for a similar temporary use as determined by the community development director. No more than six temporary use permits may be granted within any 12 month period. A temporary use permit may be revoked by the community development director prior to the expiration date based upon information that the conditions have not been met, or to protect the health, safety, life, or property of the applicant or the public. Temporary use permits shall take the place of a zoning clearance when applicable. Temporary uses lasting more than 180 days may be authorized to occur for a longer period of time with an administrative permit, at the discretion of the community development director. The following special temporary use permits may be granted considering special conditions or time limits as noted:
1.
Construction
Building or Office. A temporary use permit shall be required for the
temporary placement of a construction trailer or other similar structure
associated with a project site where a grading or building permit
is approved. The temporary use permit may be issued for a period of
time determined by the director and shall be associated with an active
construction site with an active building or grading permit. A separate
building permit may also be required for such structure. An administrative
permit may be obtained for the placement of a temporary construction
building which would exceed placement of 180 days or more.
2.
Brush
Clearance. A temporary use permit shall be required for temporary
brush clearance where goats or similar animals are used for removal
of excess brush, as required by the fire department. A temporary use
permit issued for animal brush clearance shall include conditions
of approval, applied by the community development department at the
discretion of the director to ensure safety of the animals on the
site, safety of humans within the vicinity of the subject property,
and to ensure appropriate brush clearance is conducted.
3.
Exempt
Temporary Uses.
a.
Garage Sales. Residential garage, yard, or estate sales of personal
property conducted by, or on behalf of, a resident of the premises
may be conducted consistent with the following standards:
b.
Nonprofit Fundraising. Fundraising sales by a certified 501(c)(3)
nonprofit organization may be conducted consistent with the following
standards:
i.
Location. Located on a parcel with an approved commercial, industrial,
institutional, or religious use.
ii.
Number of Events. A maximum of six times per 12 month period, per
site.
iii.
Duration. A maximum of seven consecutive days per event.
iv.
Obstructions. The fundraising sale shall not obstruct the right-of-way,
sight distances, building or site ingress or egress, or otherwise
create hazards for vehicle or pedestrian traffic.
c.
Catering. Mobile food vendors may operate as caterers to private
events on private property when food or beverages are not sold, or
offered for sale, to the general public.
B.
Administrative Permit (AP). An administrative permit is required prior to the initiation of uses and structures in a given zone as specified in Chapter 17.20 of this title where review and approval by the community development director is required to assure compliance with the provisions of the Moorpark Municipal Code. An administrative permit application is subject to site plan and architectural review. Notice of a pending decision on an administrative permit shall be mailed by the community development director to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Rolls, at least 10 days prior to the date of the decision. Public comments concerning compliance of the proposed use or structure with the general plan, municipal code, or other applicable regulations will be accepted during the period before the date of the decision. After the comment period has ended, the community development director may approve the permit, deny the permit, or approve the permit subject to conditions necessary for the proposed use or structure to comply with the general plan, municipal code, and any other applicable regulations. In order for an administrative permit to be approved, the community development director shall find that:
1.
The
site design, including structure location, size, height, setbacks,
massing, scale, architectural style, colors, and landscaping, is consistent
with the provisions of the general plan, any applicable specific plans,
zoning ordinance, and any other applicable regulations;
2.
The
site design would not impair the utility of properties, structures
or uses in the surrounding area; and
3.
The
proposed development would be served by adequate infrastructure, including,
but not limited to, access to public roadways, water, sewer, gas and/or
electrical services, etc., and the development would not pose a health
or safety concern or if located in a mapped hazard zone, the development
is designed to meet regulatory requirements to minimize health and
safety concerns.
C.
Planned Development (PD) Permit. A planned development permit is required prior to initiation of uses and structures in a given zone as specified in Chapter 17.20 of this title where review by the planning commission through a public hearing process is required to assure the project design complies with the provisions of this title and the general plan and is compatible with neighboring properties. A planned development permit application is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Heights, setbacks, sizes, locations, architectural styles and colors of all proposed buildings, structures and other on-site improvements, landscaping design, neighborhood design, and permitted land uses shall be established as part of the planned development permit review and approval process. Any change to the initial permitted land uses shall require a modification consistent with the requirements of Section 17.44.100 of this chapter, except as permitted by Section 17.44.030(C) of this chapter. The planning commission and city council (if required) shall hold at least one public hearing on any planned development permit application for a commercial, industrial or residential planned development, while mixed use planned development permits shall be reviewed by the planning commission and decided by the city council. Following a public hearing, the planning commission shall be the decision authority for commercial, industrial, and residential planned development permits. The city council shall be the decision authority for mixed use planned development permits. Prior to approving, conditionally approving, or denying an application for a planned development permit, the planning commission (in the case of a commercial, industrial or residential planned development) or city council (in the case of a mixed use planned development) shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a planned development permit to be approved, the city council shall find that:
1.
The
site design, including structure location, size, height, setbacks,
massing, scale, architectural style and colors, and landscaping, is
consistent with the provisions of the general plan, any applicable
specific plans, zoning ordinance, and any other applicable regulations;
2.
The
site design would not create negative impacts on or impair the utility
of properties, structures or uses in the surrounding area; and
3.
The
proposed development would be served by adequate infrastructure, including,
but not limited to, access to public roadways, water, sewer, gas and/or
electrical services, etc., and the development would not pose a health
or safety concern or if located in a mapped hazard zone, the development
is designed to meet regulatory requirements to minimize health and
safety concerns.
D.
Conditional Use Permit (CUP). A conditional use permit is required prior to initiation of uses in a given zone as specified by Chapter 17.20 of this title where review by the planning commission through a public hearing process is required to determine if the proposed use complies with all necessary findings listed in this subsection. A conditional use permit requesting an increase in height shall be decided by the city council. A conditional use permit is not allowed as a matter of right but is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Prior to approving, conditionally approving, or denying an application for a conditional use permit, the planning commission shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a conditional use permit to be approved, the planning commission shall find that:
1.
The
proposed use is consistent with the provisions of the general plan,
zoning ordinance, and any other applicable regulations;
2.
The
proposed use is compatible with both existing and permitted land uses
in the surrounding area;
3.
The
proposed use is compatible with the scale, visual character, and design
of surrounding properties;
4.
The
proposed use would not be obnoxious or harmful, or impair the utility
of neighboring property or uses;
5.
The
proposed use would not be detrimental to the public health, safety,
convenience, or welfare;
6.
Additional
Finding for Hazardous Waste Facilities. The following additional finding
is required for the approval of conditional use permits for hazardous
waste facilities:
a.
The proposed hazardous waste facility is consistent with the portions
of the county hazardous waste management plan that identify specific
sites or siting criteria for hazardous waste facilities;
7.
Additional
Findings for Establishments Selling Alcoholic Beverages. The following
additional findings are required for the approval of conditional use
permits for establishments selling alcoholic beverages:
a.
The use would not result in an over concentration in the area of
establishments selling alcoholic beverages,
b.
The use would serve a public convenience,
c.
The use would not create the need for increased police services,
d.
The requested use at the proposed location would not adversely affect
the economic welfare of the community, and
e.
The exterior appearance of the structure would not be inconsistent
with the external appearance of commercial structures already constructed
or under construction on surrounding properties, or within the immediate
neighborhood so as to cause blight, deterioration or substantially
diminish or impair property values within the neighborhood;
8.
Additional
Findings for Increase in Building Height. The following additional
findings are required for the approval of conditional use permits
for additional height in specified zones, not to exceed 50 feet and
three stories:
a.
The site size, dimensions, location, topography, and access are adequate
for the needs of the proposed use, considering the proposed building
mass, parking, traffic, noise, vibration, exhaust/emissions, light,
glare, erosion, odor, dust, visibility, safety, and aesthetic considerations,
b.
The increase in height will not result in an impact on adjacent properties
that cannot be mitigated through the application of code, design standards,
or reasonable conditions of approval,
c.
All required public facilities and services have adequate capacity
to serve the proposal,
d.
The project meets the other requirements of the zoning code and intent
of the general plan.
E.
Variance. A variance is an adjustment in the regulations contained in this title. A variance is based on discretionary decisions and may be granted to allow deviations from ordinance regulations governing such development factors as setbacks, height, lot coverage, lot area and width, signs, off-street parking, landscaping and wall, fencing and screening standards. A variance shall be processed in accordance with the provisions of this title. A variance may not be granted to authorize a use or activity as a substitute to an amendment to these zoning regulations. Except when a variance is filed as part of a planned development permit, conditional use permit and as provided in subsection F of this section, variance requests shall be heard and decided by the planning commission through a public hearing process. Prior to approving, conditionally approving, or denying an application for a variance, the planning commission shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a variance to be approved, the decision-making authority shall find that:
1.
There
are special circumstances applicable to the subject property with
regard to size, shape, topography, location or surroundings, such
that the strict application of the zoning regulations denies the property
owner privileges enjoyed by other property owners in the vicinity
and under identical zoning districts;
2.
The
granting of the requested variance will not confer a special privilege
inconsistent with the limitations upon other properties in the same
vicinity and zone;
3.
The
strict application of the zoning regulations as they apply to the
subject property will result in practical difficulties or unnecessary
hardships inconsistent with the general purpose of such regulations;
4.
The
granting of such variance will not be detrimental to the public health,
safety or general welfare, nor to the use, enjoyment or valuation
of neighboring properties; and
5.
The
granting of a variance in conjunction with a hazardous waste facility
will be consistent with the portions of the county's hazardous waste
management plan (CHWMP) that identify specific sites or siting criteria
for hazardous waste facilities.
F.
Administrative
Exception.
1.
An
administrative exception may be granted by the community development
director for minor adjustments to the zoning regulations. An administrative
exception may be granted only in the following situations:
a.
To allow a decrease of up to 20% in any required minimum setback,
provided that such exception may be granted only once from the minimum
standard adopted by this code, or any planned development permit approved
consistent with this code;
b.
To allow walls, fences or hedges to exceed the height limit regulations
by a maximum of one foot in setback areas, except in a required sight
triangle;
c.
To allow an increase up to 20% for maximum building coverage, sign
area or sign height;
d.
To allow up to a 5% decrease in the required lot area for second
units.
2.
A notice of a pending decision on an administrative exception shall be mailed out to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Rolls, at least 10 days prior to the date of the decision. Public comments concerning the administrative exception will be accepted during the period before the date of the decision. After the comment period has ended, the community development director may approve the exception, deny the exception, or approve the exception subject to conditions, if necessary for the exception to comply with the general plan, municipal code, and any other applicable regulations. The director's decision is final unless appealed within 10 days in accordance with Section 17.44.090. In the approval of an administrative exception, the director shall find that:
a.
The granting of the exception will not create negative impacts to
abutting properties;
b.
The strict application of the zoning regulations as they apply to
the subject property will result in practical difficulties or unnecessary
hardships inconsistent with the general purpose of such regulations;
and
c.
The granting of the exception is consistent with the general plan
and/or any applicable specific plan.
G.
Requests
for Reasonable Accommodations.
1.
This
section establishes a process for the request and consideration of
a reasonable accommodation in the application of the city's land use,
zoning, and building standards, regulations, policies, and procedures
to allow disabled persons an equal opportunity to use and enjoy housing.
2.
Any
individual with a disability, his or her representative, or a developer
or provider of housing for disabled persons may seek relief from any
land use, zoning or building standard, regulation, policy or procedure
found in Title 17, Zoning, to ensure equal access to housing by requesting
a reasonable accommodation. Requests for a reasonable accommodation
must be submitted on an application form provided by the department,
and must contain the following information:
a.
The name, address and telephone number of the applicant;
b.
The name, address and telephone number of the individual with a disability
for whom the reasonable accommodation is being requested;
c.
The name, address, and telephone number of the owner of the property
for which the reasonable accommodation request is being made, where
different from the applicant;
d.
The address and current use of the property for which the reasonable
accommodation is being made;
e.
If the applicant is someone other than the property owner, a letter
of agency or authorization signed by the property owner consenting
to the application being made;
f.
The basis for the claim that the individual to be reasonably accommodated
is disabled under the fair housing laws;
g.
A description of the reasonable accommodation requested and the land
use, zoning or building standard, regulation, policy or procedure
to be modified or waived;
h.
A statement of the reason why the requested accommodation is necessary
for the disabled person to use and enjoy the dwelling.
3.
If
the project for which the request for a reasonable accommodation is
made requires another discretionary permit or approval, then the applicant
may file the request for reasonable accommodation together with the
application for the other discretionary permit or approval. The processing
procedures of the discretionary permit will govern the joint processing
of both the reasonable accommodation and the discretionary permit.
If the project for which the request for a reasonable accommodation
is made requires a discretionary permit or approval, then the application
for a reasonable accommodation will be heard at the same time as the
other discretionary permit or approval.
4.
If
an individual needs assistance in making a request for a reasonable
accommodation, the city will provide assistance to ensure that the
process is accessible.
5.
A
request for a reasonable accommodation may be filed at any time that
the accommodation may be necessary to ensure equal access to housing.
A reasonable accommodation does not affect or negate an individual's
obligation to comply with other applicable regulations not at issue
in the requested accommodation.
6.
The
community development director shall be the decision-maker for a reasonable
accommodation that is not made in conjunction with a discretionary
approval that would require planning commission review. The community
development director may refer the processing of the reasonable accommodation
to the planning commission for review if the request is submitted
in conjunction with a request for a separate discretionary approval.
7.
The
reviewing authority shall approve, with or without conditions, the
request for a reasonable accommodation if it finds, based upon all
of the evidence presented, that all of the following findings can
be made:
a.
The requested accommodation is requested by or on the behalf of one
or more disabled persons protected under the fair housing laws who
will occupy the dwelling.
b.
The requested accommodation is necessary to provide one or more disabled
persons an equal opportunity to use and enjoy a dwelling.
c.
The requested accommodation will not impose an undue financial or
administrative burden on the city as "undue financial or administrative
burden" is defined in the fair housing laws.
d.
The requested accommodation will not result in a fundamental alteration
in the nature of the city's zoning code, as "fundamental alteration"
is defined in the fair housing laws. In considering whether the accommodation
would require such a fundamental alteration, the reviewing authority
may consider, among other factors:
i.
Whether the requested accommodation would fundamentally alter the
character of the neighborhood;
ii.
Whether the requested accommodation would result in a substantial
increase in traffic or insufficient parking;
iii.
Whether the requested accommodation would substantially undermine
any express purpose of either the city's general plan or an applicable
specific plan; and
iv.
Whether the requested accommodation would create an institutionalized
environment due to the number of, and distance between, facilities
that are similar in nature or operation.
e.
The requested accommodation will not, under the specific facts of
the case, result in a direct threat to the health or safety of other
individuals or physical damage to the property of others.
8.
Conditions
of Approval. In granting a request for a reasonable accommodation,
conditions of approval may be imposed as deemed reasonable and necessary
to ensure that the reasonable accommodation would comply with the
required findings. The reviewing authority shall issue a written determination
to approve, conditionally approve, or deny a request for a reasonable
accommodation. The reviewing authority may approve an alternative
reasonable accommodation that provides an opportunity to use and enjoy
a dwelling equivalent to that which would be provided by the accommodation
specifically requested where such alternative accommodation would
reduce impacts to neighboring properties or the surrounding area.
The director shall mail written notice of the determination to the
applicant and as part of such notice shall advise the applicant of
the right to appeal the determination. The written determination must
explain in detail the basis of the decision. The written decision
of the reviewing authority shall be final, unless appealed.
9.
Any
reasonable accommodation approved shall expire 180 days after issuance,
unless otherwise indicated by the community development director or
unless the use of land or structures or building construction has
commenced and is being diligently pursued, as evidenced by current
inspections and/or valid building permits.
10.
Any reasonable accommodation may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or city ordinance is violated in connection with the reasonable accommodation. The revocation procedures in Section 17.44.100 will be followed to revoke a reasonable accommodation.
11.
If the disabled person who initially occupied the applicable dwelling
and for whom the reasonable accommodation was granted ceases to reside
at the premises, the reasonable accommodation will remain in effect
only if the community development director determines that:
a.
The modification is physically integrated into the residential structure
and cannot easily be removed or altered to comply with the requirements
of this title; or
b.
The accommodation is necessary to give another disabled individual
an equal opportunity to enjoy the dwelling. The community development
director may request that any successor-in-interest to the property
provide documentation that subsequent occupants are persons with disabilities.
Failure to provide such documentation within 10 days of the date of
a request by the community development director will result in the
termination of a previously approved reasonable accommodation and
the applicable premises must subsequently be made to conform to requirements
of this title.
(Ord. 515 § 10, 2023)
A.
Authority.
The adoption or amendment of a general plan element or map, specific
plan, zoning map or zoning ordinance is a legislative act. The planning
commission and city council shall each hold at least one public hearing
on any general plan, specific plan or zoning amendment request. Following
a public hearing, the planning commission shall make a written recommendation
to the city council whether to approve, approve in modified form or
disapprove any proposed amendment. The city council shall be the decision
authority for all general plan amendments, specific plans and zoning
amendment requests.
B.
Initiation.
Proposals to amend the general plan, any specific plan, the zoning
map or zoning code may be initiated by either of the following methods:
1.
By
the owner or the owner's agent of the affected property filing an
application with the community development director;
2.
By
the adoption of a resolution of intent by the city council either
directly or upon the recommendation of either the planning commission
or the community development director.
C.
Pre-Screening. Applications for general plan, specific plan, or zoning amendments proposed pursuant to subsection (B)(1) of this section shall only be accepted during the following submittal cycle schedule:
|
ACTION
|
CYCLE 1
|
CYCLE 2
|
|---|---|---|
|
Application cycle deadline (application must be deemed complete
by this date)
|
November 30th
|
May 31st
|
|
City council public hearing and decision
|
Not later than the second regular meeting of city council in
May
|
Not later than the second regular meeting of city council in
November
|
1.
A
pre-screening application shall be submitted and approved by the city
council prior to submittal of a formal application for a general plan,
specific plan, or zoning amendment submitted by an applicant other
than the city of Moorpark.
2.
A
pre-screening application shall be made in a form and include the
information as required by the community development department. The
application shall include appropriate maps, diagrams, text, and materials
and shall include a fee or deposit as set forth by adopted council
resolution.
3.
The
city council shall hold at least one public hearing to consider a
pre-screening application for a general plan, specific plan, or zoning
amendment and render a decision on the approval or denial of the proposed
amendment to allow a formal application to be submitted to the community
development department.
4.
In accordance with Section 17.44.060, no resubmittal of a substantially similar application may be made for one year after a denial decision of a pre-screening request.
5.
City
council approvals of general plan, specific plan, or zoning code pre-screening
applications are valid for two years from the date of approval, by
which an application for the general plan, specific plan or zoning
amendment must be filed and deemed complete.
D.
Filing of Formal Applications. Applications for general plan, specific plan, or zoning amendments proposed pursuant to subsection (B)(1) shall submit an application consistent with the requirements outlined in Chapter 17.44 of this title. Applications for which have not received an approved pre-screening, as described in subsection C, shall not be accepted.
E.
Study
of Additional Area. The community development director, upon review
of an application or resolution of intention for an amendment to the
general plan map, any specific plan map or zoning map may elect to
process the study of additional areas for amendment concurrently with
the amendment request.
F.
Findings.
The city council shall make the following findings for amendments
to the general plan, specific plans, zoning map or zoning code:
1.
The
proposed amendment is deemed to be in the public interest.
2.
The
proposed amendment is consistent and compatible with the rest of the
general plan and any implementation programs that may be affected.
3.
The
potential impacts of the proposed amendment have been assessed and
have been determined not to be detrimental to the public health, safety,
or welfare.
4.
The
proposed amendment has been processed in accordance with the applicable
provisions of the California Government Code and the California Environmental
Quality Act (CEQA).
(Ord. 515 § 10, 2023)
A.
Submission
of Applications. An application for a zoning clearance, discretionary
permit or variance, or an amendment or adoption of a general plan
element or map, specific plan, zoning map or zoning ordinance may
be filed by the owner of the affected property or by an agent authorized
by the affected property owner. The application shall be filed with
the community development director, conform to the requirements of
this title, contain all required materials and information prescribed
by the forms supplied by the community development director and be
accompanied by the appropriate processing fees as established by city
council resolution.
B.
Fees.
1.
Payment
at Time of Application Submittal. Each application request shall be
accompanied by payment of the required fee established by resolution
of city council. No filing fee shall be charged or collected for any
application or appeal filed and signed by two planning commissioners
or any individual city councilmember in their official capacity.
2.
Reimbursement
for Code Enforcement Activities. Where a use has commenced, or construction
has begun prior to the granting of any required zoning clearance,
discretionary permit or exception, or amendment or adoption of a general
plan element or map, specific plan, zoning map or zoning ordinance,
the applicant shall submit additional fees to cover the costs associated
with code enforcement activities at the time the application is submitted
as determined by the community development director. Payment of such
additional fees shall not relieve persons from fully complying with
the requirements of this code, nor from any other penalties prescribed
herein.
3.
Failure
to Pay. In the event that all fees and charges have not been paid
prior to action on the permit or variance the community development
director shall include, as a condition of approval, the requirement
to pay all outstanding fees and charges consistent with the adopted
city council fee resolution.
C.
Existing
Violations. No application pursuant to this title shall be accepted
for processing if there is an existing violation of the zoning ordinance,
subdivision ordinance or municipal code on the affected lot or building,
until the violation is abated, unless the community development director
has determined that acceptance of the application is necessary to
abate the existing violation.
D.
Reapplication.
No application pursuant to this title shall be accepted for processing
for one year after a denial decision has become effective on a similar
application as determined by the community development director.
E.
Content
of Applications. The content of applications shall be determined by
the community development director and may include, but not be limited
to, site plans, building or structure elevations (in color with building
materials identified), floor plans, samples of exterior finishing
materials and identification of development phases, if any.
F.
Completeness
of Application. A determination as to the completeness of an application
pursuant to this title shall be made by the community development
director and the applicant shall be notified in writing of this determination
no later than 30 calendar days after the city has accepted an application
under this title. Legislative acts, such as general plan amendments,
zoning ordinance amendments, zone changes, amendments to specific
plans, specific plan adoption and development agreements, are not
subject to this requirement. Upon written notification to the applicant,
processing of an incomplete application may be terminated if no reasonable
effort has been made by the applicant to complete the application
for a period of 90 days from the date of notification of incompleteness.
All unused fees shall be refunded to the applicant. An extension to
this 90 day period may be granted by the community development director
upon written request by the applicant showing good cause.
G.
Review
and Conditioning of Applications.
1.
Agency
Review. The community development director or designee may solicit
comments and recommendations on a permit or variance application from
any city department, permitting agency, service provider and other
interested party as deemed appropriate by the director or designee
for the specific application.
2.
Consultant
Review. The community development director or designee may refer any
application request to an independent, qualified consultant for review
and evaluation of issues beyond the expertise or staffing capabilities
of the city. The costs for all such consultant work combined with
the administrative charge in effect at the time for management of
the consultant contract shall be borne by the applicant and are independent
of the fees paid to the city for the processing of the application
request.
3.
Securities.
Except as otherwise specified in this title, the decision-making authority
may require a performance security on any discretionary entitlement
as a condition of such entitlement. The security(ies) shall be filed
in a form acceptable to the city attorney and certified by the city
clerk.
a.
The required amount of the security(ies) may be increased periodically
by the community development director in order to compensate for inflation
(based on the applicable regional Consumer Price Index) or other factors,
so that the same relative value of the security is maintained over
the life of the permit, and to assure that performance securities
continue to reflect the actual anticipated costs for completing a
required task. No security shall be released until after all of the
applicable conditions of the permit have been met.
b.
In the event of any failure by the applicant to perform or comply
with any term or condition of a discretionary entitlement, the decision-making
authority may, after notice to the applicant and after a public hearing,
determine by resolution the amount of the penalty, and declare all
or part of the security forfeited. The applicant will be jointly and
severally obligated to pay forthwith the full amount of the forfeiture
to the city. The forfeiture of any security shall not insulate the
applicant from liability in excess of the sum of the security for
damages or injury, nor from expense or liability suffered by the city
from any breach by the applicant of any term or condition of the discretionary
entitlement or of any applicable ordinance or of the security.
c.
The applicant shall maintain the minimum specified amount of a penal
security throughout the life of the entitlement. Within 30 days of
any forfeiture of a penalty security, the applicant shall restore
the security to the required level.
4.
Abandoned
Oil/Gas Wells. All applications will be reviewed for the location
over or near any abandoned or idle-deserted oil or gas well, based
on maps provided by the state of California Department of Conservation
Division of Oil, Gas, and Geothermal Resources (D.O.G.G.R.). The city
will notify D.O.G.G.R. of the location of any proposed project that
is found to be over or near any such well(s).
H.
Continuance
of Permit During Application Renewal Process. Unless otherwise provided
in the conditions of the permit or variance, permits and variances
being processed for renewal shall remain in full force and effect
until the renewal request is acted on and all administrative appeals
have been exhausted, provided that the renewal application was accepted
as complete by the city prior to the expiration of the permit. All
the terms and conditions of the permit or variance shall continue
to be in full force and effect.
(Ord. 515 § 10, 2023)
A.
Notice.
For applications pursuant to this title requiring a public hearing
before the city council or planning commission, the community development
director shall prepare a public hearing notice. The notice shall include
the date, time and place of the hearing, the identity of the hearing
body or officer, a general explanation of the matter to be considered
and a general description, in text or by diagram, of the location
of the real property, if any, that is the subject of the hearing.
1.
Publication.
The community development director shall give notice of the public
hearing, consistent with the requirements of this section by publication
at least 10 days prior to the hearing in a newspaper of general circulation
within the city, unless otherwise required by state or federal statute.
2.
Mailing.
The community development director shall mail the notice of the public
hearing on permit or variance applications pursuant to Government
Code Section 65091, as the same may be amended from time to time.
Notices shall be mailed to owners of real property, as identified
on the latest adjusted Ventura County Tax Assessor Rolls, within 1,000
feet of the exterior boundaries of the assessor's parcel(s) subject
to the hearing for all applications except applications affecting
property completely within the downtown specific plan boundaries and
applications affecting one single-family residence, where notices
shall be mailed to owners of real property, as identified on the latest
adjusted Ventura County Tax Assessor Rolls, within 300 feet of the
exterior boundaries of the assessor's parcel(s) subject to the hearing.
If the number of owners to whom notice would be mailed is greater
than 1,000, the community development director may provide notice
by placing a display advertisement of at least one-eighth (1/8) page
in a newspaper of general circulation within the city at least 10
calendar days prior to the hearing. In the case of appeal hearings,
notice shall also be mailed to the appellant and the decision-making
authority whose order, requirement, permit, decision or determination
is the subject of the appeal at least 10 calendar days prior to the
hearing.
3.
Sign.
a.
At least 11 calendar days prior to the date of the public hearing,
the applicant shall install at least one nonilluminated sign on the
subject property to notice the hearing. The sign shall be 32 square
feet in area, not exceed eight feet in height and be placed in an
area of the property most visible to the public, not more than five
feet from the front property line in residential areas, and not more
than one foot from the front property line in commercial and industrial
areas. At least one sign for every 500 feet of street frontage shall
be displayed per street frontage of the subject property. The community
development director may reduce the number of signs; however, the
reduction shall be no less than one sign per street frontage.
b.
The heading of the sign shall state: "Notice of public hearing on
proposed development (fill in the application name provided by the
community development director) Case No. (fill in the case number
provided by the community development director)." The content of the
sign shall describe the type of project (residential, industrial or
commercial), including the square footage, number of units, etc. Adjectives
such as "luxurious" or "elegant" shall not be used. The date, time
and location of the public hearing, and the telephone numbers and
e-mail addresses of the developer and of case planner assigned to
the application shall also be included on the sign. The public hearing
sign shall not contain any additional information unless approved
by the community development director.
c.
The sign shall be removed from the property not more than 12 calendar
days after the final action by the city on the application.
B.
Hearing
Process. For all discretionary entitlement applications with the exception
of administrative permits, temporary use permits, and administrative
exceptions, the decision-making authority(ies) shall hold at least
one public hearing. At least three working days prior to such hearing,
the community development director shall prepare a report on the project,
along with any recommendations, and provide copies of the report to
the decision-making authority, the applicant and parties requesting
copies of the report. Presentation of the director's report and the
public hearing process shall follow the hearing process as described
in the adopted rules of the planning commission and city council.
C.
Referral
for Information, Report or Study. The planning commission may refer
an application back to the community development director for further
report, information or study. The city council may refer a matter
back to the planning commission or the community development director
for further report, information or study.
(Ord. 515 § 10, 2023)
A.
Decision
Options. The decision-making authority reviewing an application for
a discretionary permit or exception may approve, conditionally approve,
deny or modify, wholly or partly, the application being reviewed.
The authority may impose such conditions and limitations as it deems
necessary to assure that the general purpose and intent of this title
and this code will be observed. All conditions and restrictions applied
to a decision on an application shall automatically continue to govern
and limit the subject use or structure unless the action of the decision-making
authority clearly indicates otherwise, or the action of the decision-making
authority is appealed.
B.
Time
Limits. All decisions on applications made pursuant to this title
shall be made in compliance with applicable time limits set forth
by state law under the Permit Streamlining Act as most recently amended,
to the extent such applies, unless a mutually agreed-upon extension
is approved by the community development director and applicant as
permitted by the Permit Streamlining Act.
C.
Notice
of Decision. The community development director shall notify the applicant
of a decision by the planning commission within 30 calendar days following
the effective date of a decision. The city clerk shall notify the
applicant of a decision by the city council within 30 calendar days
following the effective date of a decision. The notification shall
be provided in writing and transmitted via U.S. mail or in an electronic
format, such as through the internet or by facsimile. In the case
of appeals, the authority whose decision is the subject of an appeal
shall also be notified of the decision.
D.
Effective
Date of Decisions.
E.
Effect of an Appeal. Neither the applicant nor any enforcement agency may rely on an authority's decision until the expiration of the decision-maker authority's appeal period or until the appeal has been resolved, whichever occurs later in accordance with Section 17.44.090. Actions by the decision-making authority are stayed pending the consideration of the appeal.
F.
Expiration and Time Extension. Unless otherwise specified in this title or in the permit or exception conditions, any discretionary permit or exception included in Section 17.44.040 shall expire two years from the date of approval unless the use is inaugurated in accordance with this title and the application conditions. The applicant is solely responsible for the timely renewal of any application. The city has no obligation to notify the applicant of the imminent expiration of the application. An application for a time extension shall be filed with the community development director at least 30 calendar days prior to the date of expiration. The time extension application shall be filed on the forms supplied by the community development director and shall be accompanied by the submittal requirements specified by the director and the appropriate filing fee. The time extension process shall conform to the process for the original permit or exception identified in Section 17.44.060. In considering a request for a time extension, the decision-making body may approve the request, deny the request, or modify or add to any conditions of approval originally imposed due to changed circumstances since the permit or exception was originally considered. Further extensions may be granted in conformance with the statutes of the California Subdivision Map Act (Government Code Section 66452 or other applicable regulation).
(Ord. 515 § 10, 2023)
A.
Authority
to Appeal.
1.
All
actions and decisions of the community development director authorized
by this title, unless otherwise pre-empted, may be appealed by any
person, including a member of the planning commission, to the planning
commission. The appellant shall file the appeal in writing, along
with the applicable fee, with the community development director.
The appellant shall state the reasons for the appeal and relate the
reasons to the required findings for approval of the application.
An appeal of an action or decision of the community development director
filed by a city councilmember shall be taken to the city council for
consideration.
2.
All
actions of the planning commission authorized by this title may be
appealed by any person, including a member of the city council, to
the city council. The appellant shall file the appeal in writing,
along with the applicable fee, with the community development director.
The appellant shall state the reasons for the appeal and relate the
reasons to the required findings for approval of the application.
3.
Actions
and decisions of the city council authorized by this title are not
appealable.
B.
Time
Limits. All appeals of decisions authorized by this title shall be
filed with the community development director no later than the close
of business 10 calendar days after the date of the final action of
the decision-making authority. If the tenth (10th) calendar day after
the date of final action occurs on a day that the city is closed for
business, the appeal may be filed before the close of business on
the next day that the city is open for business. Actions of the decision-making
authority, including decisions on appeals, not appealed within these
time limits are final.
D.
Appeal
Process.
1.
The
appellate body shall review the project application in the same form
as reviewed by the original decision maker and the review shall be
conducted de novo.
2.
An
appeal shall be subject to the same type of public action process
(i.e., action item without public hearing or public hearing item)
and public noticing as required for the original project application.
3.
An
appeal shall be scheduled for the next available regular meeting of
the appellate body following completion of the required legal notice
provisions.
(Ord. 515 § 10, 2023)
A.
Modification of Permits. An application for modification of an approved discretionary permit or approved variance pursuant to this section may be filed by any person or entity listed in subsection A of Section 17.44.060. Any change of an approved discretionary permit is also a discretionary decision and shall be classified into one of the following three categories:
1.
Permit
Adjustment. Any change which would not alter any of the findings pursuant
to this title, nor any findings contained in the environmental documentation
prepared for the permit and would not have any adverse impact on surrounding
properties, may be deemed a permit adjustment and acted upon by the
community development director or designee without a hearing. Any
change shall conform to the development requirements of this title
or adopted specific plan. Such changes may include, but are not limited
to, the following:
a.
A maximum of 20% increase in floor area but not more or less than
10,000 square feet, respectively;
b.
A maximum of 20% increase or decrease in the area or height of walls,
fences or similar structures used as screening;
c.
A maximum of 20% increase or decrease in provision for landscaping
or similar standards or dimensions;
d.
Internal remodeling or minor exterior architectural changes or embellishments
involving no change in basic architectural style;
e.
A change in use where the new use requires the same or a lesser permit
than the approved or existing use; or the establishment of a new use
in an unoccupied building for which a permit has been granted.
2.
Permit
Modification. Any proposed change that exceeds the criteria of a permit
adjustment but is not extensive enough to be considered a substantial
or fundamental change in the approved entitlement or use relative
to the permit, would not have a substantial adverse impact on surrounding
properties and would not change any findings contained in the environmental
documentation prepared for the permit, may be deemed a permit modification
by the community development director. Action on the permit modification
application shall be by the decision-making body that approved the
original permit by the same type of public action process (i.e., action
item without public hearing or public hearing item) and public noticing
as required for the original project application.
3.
New
Permit Required. Any proposed modification that does not meet the
criteria for a permit adjustment or permit modification shall require
a new permit application.
B.
Suspension,
Modification or Revocation for Cause. Any permit or variance heretofore
or hereafter granted may be revoked, modified or its use suspended,
by the same decision-making authority and procedure which would approve
the permit or variance under this title. Prior to taking any action
the applicant shall be given notice by U.S. mail at least 10 business
days prior to the date of the proposed revocation, modification or
suspension and have an opportunity to be heard by the issuing body
prior to any such revocation, modification or suspension. An application
for such modification, suspension or revocation may be filed, along
with applicable fees, by any person. The applicant for such modification,
suspension or revocation shall have the burden of proving one or more
of the following causes:
1.
The
application request, which was submitted, was not in full, true and
correct form.
2.
The
entitlement for which an approval was granted does not comply with
the terms and conditions of the entitlement.
3.
The
entitlement was issued erroneously.
4.
The
project is not in compliance with terms or conditions of the permit
or variance.
5.
The
project subject to the permit or variance, or any portion thereof,
is or has been used or maintained in violation of any statute, ordinance,
law or regulation.
6.
The
use for which the permit or variance was granted has not been exercised
for at least 12 consecutive months, has ceased to exist or has been
abandoned.
7.
The
use for which the permit or variance was granted has been so exercised
as to be detrimental to the public health, safety or general welfare
or as to constitute a nuisance.
8.
Changes
in technology, or in the type or amount of development in the vicinity
of the use or other good cause warrants modification of conditions
of operation or imposition of additional conditions of operation to
assure that the use remains compatible with existing and potential
uses of other property within the general area in which the use is
located.
C.
Nonwaiver.
The failure of the community development director, planning commission
or city council to revoke a variance or permit, or to suspend its
use, whenever cause therefor exists or occurs, does not constitute
a waiver of such right with respect to any subsequent cause for revocation
or suspension of the use.
D.
Prohibition.
No person shall carry on any of the operations authorized to be performed
under the terms of any permit or variance during any period of suspension
thereof, or after the revocation thereof, or pending a judgment of
court upon any application for writ taken to review the decision or
order of the final appeal body in the city in suspending or revoking
such permit or variance; provided, however, that nothing herein contained
shall be construed to prevent the performance of such operations as
may be necessary in connection with a diligent and bona fide effort
to cure and remedy the default, noncompliance or violation, for which
a suspension of the permit or variance was ordered by the applicable
city entity, or such operations as may be required by other laws and
regulations for the safety of persons and the protection and preservation
of property.
(Ord. 515 § 10, 2023)
