A. 
Purpose and Intent. The purpose and intent of this section is to establish the procedures by which changes may be made in both the text of this zoning code and the zoning map whenever such changes are warranted by the community welfare, the public necessity and good zoning and planning practices.
B. 
Applicability. These procedures shall apply to all proposals to change any property from one zone to another or to amend the text of this title.
C. 
Zoning Ordinance Text Amendments.
1. 
Initiation. Proposals to amend the text of this title may be initiated by:
a. 
Direction of the city council.
b. 
Direction of the planning commission.
c. 
Planning Manager or city manager.
d. 
Any interested person may request such initiation with an application consistent with section 11-16-1.
2. 
Processing.
a. 
Applications Submitted by Interested Persons. As many copies of an ordinance amendment application as may be required shall be submitted to the planning manager if initiated by a person or persons other than the city council or planning commission.
b. 
Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this zoning code or the general plan must be accompanied by an application to make the project consistent. The planning division may refuse to accept for processing any application that is inconsistent with the general plan.
c. 
The planning manager shall process the application and make a determination for CEQA compliance.
3. 
Notice and Hearing.
a. 
After a determination and/or preparation of any required CEQA documentation, the planning commission and city council each shall hold at least one noticed public hearing to consider the amendment and the environmental document.
b. 
Notice of public hearings shall be completed consistent with section 11-17-2.
4. 
Action.
a. 
Design Review Committee Recommendation. The design review committee shall review and make a recommendation on any amendments to the Village Design District (DD-1) and Mission Design District (DD-2), or objective design standards. The design review committee's recommendation shall be transmitted to the planning commission and the city council.
b. 
Planning Commission Recommendation. The planning commission shall review and make a recommendation on the rezoning. The planning commission's action on the environmental documents and recommendation on the rezoning shall be transmitted to the city council.
c. 
City Council Action. The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed amendment by the council not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within 40 days after such reference, or such longer period as may be designated by the city council, shall be deemed to be a recommendation for approval of the proposed modification.
D. 
Rezones; Zoning Map Amendments.
1. 
Initiation. Proposals to change the zoning on any property from one zone to another zone may be initiated by:
a. 
Direction of the city council.
b. 
Direction of the planning commission.
c. 
Planning manager or city manager.
d. 
Any interested person may request such initiation with an application consistent with section 11-16-1.
2. 
Processing.
a. 
As many copies of a rezone application as may be required shall be submitted to the planning manager if initiated by a person or persons other than the city council or planning commission.
b. 
Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this zoning code or the general plan must be accompanied by an application to make the project consistent. The planning division may refuse to accept for processing any application that is inconsistent with the general plan.
c. 
The planning manager shall process the application and make a determination for CEQA compliance.
3. 
Notice and Hearing.
a. 
After a determination and/or preparation of any required CEQA documentation, the planning commission and city council each shall hold at least one noticed public hearing to consider the amendment and the environmental document.
b. 
Notice of public hearings shall be completed consistent with section 11-17-2.
4. 
Action.
a. 
The planning commission's action shall be transmitted to the city council in the form of a written recommendation.
b. 
Upon receipt of the recommendation of the planning commission, the city council shall hold at least one public hearing on the matter. However, if the planning commission has recommended against the rezone, the city council shall not be required to hold a public hearing or take any further action on the matter unless within five days after the planning commission makes its determination, the applicant or other interested person files a written request for such hearing with the city clerk. Notice of the hearing shall be given in the manner as prescribed in section 11-17-2.
c. 
The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed amendment by the city council not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within 40 days after the reference, or such longer period as may be designated by the city council, shall be deemed to be a recommendation for approval of the proposed modification.
E. 
Findings Required for Approval of Text Amendment or Rezone. In order for the planning commission to recommend approval or for the city council to approve a rezone or text amendment request, the following findings shall be made:
1. 
The request is in the interest of the general community welfare.
2. 
The request is consistent with the general plan, the requirements of state planning and zoning laws and this zoning code.
3. 
The request is consistent with good zoning and planning practices.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose and Intent. The purpose of this section is to set forth the minimum requirements for providing notice of a public hearing.
B. 
Notice of Public Hearing. For all projects that require a noticed public hearing, notice of the time and place of said hearing shall be given at least 10 calendar days before the hearing in the following manner unless specifically stated otherwise in this title:
1. 
The notice shall be published in a newspaper of general circulation in the city, and circulated in the area affected by the project.
2. 
The notice shall be mailed to:
a. 
Any person who has filed a written request to receive notice.
b. 
Applicants.
c. 
Owners of the affected property and the owners of the property within 300 feet of the exterior boundaries of the affected property. The names and addresses used for such notice shall be those appearing on the equalized city assessment roll, as updated from time to time.
d. 
In the event that the number of owners to whom notice would be sent is greater than 1,000, the city may provide notice by placing a display advertisement of at least one-eighth (1/8) page in a newspaper of general circulation, published and circulated in the city.
3. 
Additional Noticing Methods. The city may also require public noticing in any manner it deems necessary or desirable, including, but not limited to, posted noticing on the project site.
C. 
Contents of Notice. The notice shall contain the following information:
1. 
The date of filing of the application and the name of the applicant.
2. 
The planning manager number assigned to the application.
3. 
A description of the project and its location.
4. 
The place, date and general time of the hearing.
5. 
The procedure for the submission of public comments in writing before the hearing.
6. 
The procedure for public comments at the hearing.
7. 
A statement pursuant to Government Code section 65009(b)(2).
(Ord. 24-0378, 12/9/2024)
A. 
Purpose and Intent. The purpose of this section is to provide procedures and to establish criteria for appeals to the planning commission and the city council.
B. 
Appeals to the Planning Commission.
1. 
The decisions of the planning manager that are appealable consistent with chapter 16, shall be in writing, and accompanying fee must be filed with the city clerk within 10 calendar days or the date of the decision of the planning manager.
2. 
The appellant shall state specifically in the appeal how the decision of the planning manager is inconsistent with the purpose of this title, or the error or abuse of discretion committed.
3. 
Prior to the hearing on said appeal, the planning manager shall transmit to the planning commission copies of the permit application including all maps and data and a statement setting forth the reasons for the decision.
4. 
The planning commission shall affirm, reverse or modify the decision of the planning manager at a de novo public hearing.
5. 
At least 10 calendar days before the public hearing, written notice of the time and place of such hearing shall be given in the following manner:
a. 
The notice shall include a general description of the matter to be considered shall be published a newspaper of general circulation in the city and circulated in the area affected by the application.
b. 
The notice shall be mailed and delivered to:
i. 
Any person who has filed a written request.
ii. 
The applicant(s).
iii. 
The appellant(s).
iv. 
The owner(s) of the subject property.
C. 
Appeals to the City Council.
1. 
The decisions of the planning manager, or planning commission, may be appealed to the city council pursuant to Title 1, Chapter 6 of the Solvang Municipal Code by the applicant or any interested party adversely affected by such decision. Ministerial actions by the planning manager may not be appealed.
2. 
The decisions of design review committee on signs or other applications for which the design review committee is the final decision making body may be appealed to the city council pursuant to title 1, chapter 6 of the Solvang Municipal Code by the applicant or any interested party adversely affected by such decision. The design review committee's advice and recommendations to the planning commission on an application that will be reviewed and approved, disapproved or conditionally approved by the planning commission are not separately appealable from the planning commission's final decision on such application.
3. 
At least 10 calendar days before the public hearing written notice of the time and place of such hearing shall be given in the following manner:
a. 
The notice shall be published in a newspaper of general circulation in the city.
b. 
The notice shall include general description of the matter to be considered.
c. 
The notice shall be mailed or delivered to:
i. 
Any person who has filed a written request;
ii. 
The applicant(s);
iii. 
The appellant(s);
iv. 
The owners of the subject property.
4. 
Appellants shall be entitled to raise and appeal to the city council only issues that were raised before the officer, board or commission whose decision is being appealed.
(Ord. 24-0378, 12/9/2024)
No application shall be accepted nor acted upon if within the past one year, substantially the same application has been made and denied by the planning commission, the design review committee, the planning manager or the city council, unless the city council permits such reapplication because of an express finding that one or more of the following applies:
A. 
New evidence presented, which was unavailable or unknown to the applicant at the previous hearings and which could not have been discovered in the exercise of reasonable diligence by the applicant, justifies the reapplication.
B. 
There has been a substantial and permanent change of circumstances since the previous hearings, which materially affects the applicant's real property.
C. 
A mistake was made at the previous hearings, which was a material factor in the denial or denials of the previous application.
D. 
A denial was made "without prejudice" by the review authority with findings.
(Ord. 24-0378, 12/9/2024)
A. 
Applicability. The provisions of this section shall apply entirely to this zoning code.
B. 
Investigation. The planning manager, is hereby authorized to investigate all reported or apparent violations of any of the provisions of this zoning code. If a violation is determined to exist or to be impending, the planning manager is hereby authorized to take such measures as he or she deems necessary or expedient to enforce and secure compliance with the provisions of this title.
1. 
Planning Manager Defined. As used in this section, the term planning manager refers to the planning manager and also to any person employed by the city or any person employed by the person, firm or entity to do planning and zoning for the city who is authorized by the planning manager to act on his or her behalf.
2. 
Cooperation of Other Officials. The planning manager may request, and shall receive, the assistance and cooperation of other officials of the city to assist in the discharge of their duties.
3. 
Right of Entry and Inspection. The planning manager may enter at all reasonable times any building, structure or premises in the city for the purpose of carrying out any act necessary to perform any duty imposed by this title. Upon request the planning manager shall provide adequate identification. Except under exigent circumstances, an inspection warrant shall be obtained if entry is refused.
4. 
Liability. The planning manager or any other person charged with the enforcement of this zoning code, if acting in good faith and within the course and scope of his or her employment, shall not thereby be liable personally, and is hereby relieved from all personal liability for any damage that may accrue to persons or property as the result of, or by reason of, any act or omission occurring in the discharge of his or her duties. Any suit brought against the planning manager, or his or her agents or employees, because of such act or omission performed in the enforcement of any provision of this title shall be defended by the city attorney or his or her designee.
C. 
Work Stoppage. Where any building construction work is being done contrary to the provisions of this zoning code, the planning manager may order the work stopped by giving notice in writing and serving such notice and order on any persons engaged in doing or causing such work to be done. Any such persons, their agents, employees or servants, shall forthwith stop such work until such time as recommencement is authorized by the planning manager.
D. 
Tax Bill Collection. To the extent permitted by applicable law, in the event any fees assessed in connection with the processing or approval of development of any property pursuant to this zoning code remain unpaid at the time specified for fixing the tax rate of the city, the amount due for such fees may be added to and become a part of the annual taxes levied against the land, provided: (1) the property is owned, controlled or was in possession of the same person who owned, controlled or was in possession of it during the time such fees were imposed; or (2) the only transfer made of the property since the date such fees were imposed have been transfers by gift, descent or devise. Such fees so added shall constitute a lien on the property. If the taxes are divided and made payable in two installments, the unpaid fees shall be added to and become a part of the first installment. The city council shall include in the statement of tax rate transmitted to the authorities the amount of such fees to be levied against the land, and such fees shall be included in the tax bill.
E. 
Any person, whether acting as principal, agent, employee or otherwise, who violates the provisions of this zoning code or any rule, regulation, order or permit issued hereunder, shall be subject to an administrative citation and penalties pursuant to title 6, chapter 5, Article A of the Solvang Municipal Code.
F. 
Referral for Legal Action. If unable to otherwise enforce the terms of this title, the planning manager shall refer the matter to the city attorney for appropriate legal action.
G. 
Legal Actions.
1. 
Civil Actions.
a. 
Public Nuisance. Any building or structure which is set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any lands, buildings or premises established, conducted, operated or maintained contrary to the provisions of this title, shall be and the same is hereby declared to be unlawful and a public nuisance.
b. 
Injunctive Relief. Whenever, in the judgment of the planning manager, any person has engaged in or is about to engage in any act or practice which constitute or will constitute a violation of any provision of this zoning code or any rule, regulation, order, or permit issued thereunder, and at the request of the planning manager, the city attorney may make application to the superior court for an order enjoining such act or practice, or for an order directing compliance, and upon a showing by the planning division that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other order may be granted.
c. 
Abatement. In the event that any person shall fail to abate a violation hereunder after notice of same and opportunity to correct or end the violation, the planning manager may request the city attorney to apply to the superior court of this county for an order authorizing the city manager, city manager's designee, or planning manager to undertake those actions necessary to abate the violation and requiring the violator to pay for the costs of such undertaking.
2. 
Civil Remedies and Penalties.
a. 
Civil Penalties. Any person, whether acting as principal, agent, employee or otherwise, who willfully violates the provisions of this zoning code or any rule, regulation, order or permit issued hereunder, shall be liable for a civil penalty for each day that the violation continues to exist.
b. 
Costs and Damages. Any person, whether as principal, agent, employee or otherwise, violating any provisions of this zoning code or the rules, regulations, orders or permits issued hereunder, shall be liable to the city for the costs incurred and the damages suffered by the city, its agents and agencies as a direct and proximate result of such violations.
c. 
Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the violator, whether corporate or individual, and any corrective action taken by defendant.
3. 
Criminal Actions and Penalties.
a. 
Infractions. Any person, whether as a principal, agent, employee or otherwise, violating any provisions of this zoning code, or the rules, regulations, orders or permits issued hereunder, shall be guilty of an infraction, and upon conviction thereof, shall be punished as provided in section 1-3-2 of the Solvang Municipal Code.
b. 
Misdemeanors. Any offense which would otherwise be an infraction may, at the discretion of the city attorney, be filed as a misdemeanor if the defendant has been convicted of one or more violations of any of the provisions of this title within the 12-month period immediately preceding the commission of the offense or has been convicted of two or more violations of any of the provisions of this title within the 24-month period immediately preceding the commission of the offense. Upon conviction of a misdemeanor, the punishment shall be in accordance with section 1-3-3 of the Solvang Municipal Code.
c. 
Violations. Each and every day during any portion of which any violation of this zoning code or the rules, regulations, orders or permits issued hereunder, is committed, continued or permitted by such person shall be deemed a separate and distinct offense.
H. 
Cumulative Remedies and Penalties. The remedies or penalties provided by this zoning code are cumulative to each other and to the remedies or penalties available under all other laws of this state.
(Ord. 24-0378, 12/9/2024)