Chapter 14.30
PROCEDURES
Sections:
14.30.010 Applicability of chapter.
14.30.030 Noticing – General procedure.
14.30.050 Failure to receive notice.
14.30.080 Decisions – Finality and effective date.
14.30.090 Issuance of permits.
14.30.100 Expiration of use permit or variance for failure to exercise rights.
14.30.120 Expiration by nonuse.
14.30.130 Revocation of use permits and variances.
14.30.140 Appeals – City planner decisions.
14.30.150 Appeals – Planning commission decisions.
14.30.010 Applicability of chapter.
(1) The provisions of this chapter govern the procedural requirements for making applications for zoning entitlements, giving notice, conducting hearings and exercising rights granted by various permits and variances issued under this title.
(2) If a provision of any other chapter of this title expressly provides for a procedure different from the provisions of this chapter, such other procedure shall be applied rather than any inconsistent provision of this chapter. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.15.010]
14.30.020 Applications.
(1) All applications for entitlements provided for in this title shall be in writing and shall be filed at City Hall on forms provided by the city.
(2) An application for an entitlement related to a specific parcel of property may be made by the owner of the property or by a lessee or an agent with the written consent of the owner.
(3) The city council or planning commission may initiate an application for any entitlement provided for in this title.
(4) Each application shall be accompanied by the information specified on the appropriate city application form.
(5) Each application shall be accompanied by a filing fee in an amount established by resolution of the city council. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.15.020]
14.30.030 Noticing – General procedure.
When a provision of this title requires notice of a public hearing to be given, notice shall be given in all of the following ways:
(1) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject property or the owner’s duly authorized agent, and the project applicant.
(2) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency and/or service district expected to provide services or infrastructure to the project, whose ability to provide those services or facilities may be significantly affected.
(3) Notice of the hearing shall be mailed or delivered at least 10 days prior to all owners of property, as shown on the latest county assessor’s roll, within 300 feet of the real property that is the subject of the hearing. If the action subject to hearing notification applies to the entire city and does not affect a specific parcel or parcels individually, notice of the hearing shall be provided by placing a display advertisement of at least one-eighth page in a newspaper of general circulation within the city at least 10 days prior to the hearing. If the action subject to hearing affects the entire city generally and individual properties directly, notice of the hearing shall be mailed to such affected property owners and shall also be provided by placing a display advertisement of at least one-eighth page in a newspaper of general circulation within the city at least 10 days prior to the hearing.
(4) Notice of the hearing shall be posted in at least three public locations within the city at least 10 days prior to the hearing.
(5) Notice of the hearing shall be posted in two prominent locations within the subject property at least 10 days prior to the hearing. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.15.030]
14.30.040 Contents of notice.
Notice given under this chapter shall include the following to the extent applicable:
(1) The date, time and place of the hearing;
(2) A general description of any specific property involved in the proceedings;
(3) A general description of the matter to be considered, including a general description of the general plan designation of the specific property involved;
(4) The identity of the hearing body or officer;
(5) A statement that any person may appear and be heard, and that persons are encouraged to submit written notes or diagrams to the city planner in advance of the hearing so that they can be copied and distributed to the hearing body by the city planner;
(6) A statement that any person who challenges the action taken on the application or proposal in court may be limited to raising only those issues that person or someone else raised at the public hearing on the application or proposal or submitted to the hearing body, in writing, prior to or at the public hearing. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.15.040]
14.30.050 Failure to receive notice.
Failure of any person to receive notice required to be given by this chapter shall not affect the validity of the hearing or any action taken. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.15.050]
14.30.060 Additional notice.
Nothing herein shall be construed to preclude the city from providing or requiring notice for any hearing in addition to that required by this chapter. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.15.060]
14.30.070 Written findings.
Written findings of fact supporting the decision of the planning commission or city council shall be prepared for all decisions on applications for use permits, variances, and any other final decision which constitutes a quasi-judicial determination and shall be available to any interested party within five working days from the date of final action by the planning commission or city council. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.15.070]
14.30.080 Decisions – Finality and effective date.
All decisions made at the conclusion of a public hearing or otherwise made pursuant to this chapter shall become effective upon the sixteenth day after the decision is final, unless an appeal or other request for review is made in a timely manner, as provided in this chapter or title. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.15.080]
14.30.090 Issuance of permits.
No permit, certificate or other entitlement granted by a decision may be issued until the effective date of the decision. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.15.090]
14.30.100 Expiration of use permit or variance for failure to exercise rights.
(1) All rights granted by approval of a use permit or variance shall expire and the permit or variance shall be null and void if not exercised within the time specified in the approval or, if no time is specified, within one year of the effective date of the approval.
(2) A right granted by a variance or use permit requiring a building permit shall be deemed exercised when the permit has been secured and the construction is being diligently pursued to completion. Continuous on-site construction activity such as the pouring of a foundation, installation of utilities or other similar substantial improvements constitute construction activity. Grading of a site shall not constitute construction activity. For purposes of this section, a right “requiring a building permit” shall mean a right by which specific construction activity requiring a building permit is authorized and could not be legally performed in the absence of the variance or conditional use permit granting the right.
(3) A right not requiring a building permit shall be deemed exercised when the activity permitted has commenced to the extent authorized by the variance or conditional use permit. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.15.100]
14.30.110 Extension of time.
Prior to expiration of the approval of the use permit or variance the applicant may submit a written request to extend the applicable period of the approval. The request shall show good cause as to why the extension is necessary. The person or body which rendered the original decision on a use permit or variance shall review the request and take formal action on the extension. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.15.110]
14.30.120 Expiration by nonuse.
Any use permit or variance shall expire and become null and void when the use permitted by the permit or variance is discontinued for a continuous period of one year. The nonrenewal of a business license establishes a presumption that the activity for which the permit was issued has been discontinued. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.15.120]
14.30.130 Revocation of use permits and variances.
(1) Any use permit or variance granted pursuant to this title may be revoked under one or more of the following circumstances:
(a) If any of the conditions or terms of such permit are violated; or
(b) If the use or its operation violates any applicable provision of the Biggs Municipal Code, or any state or federal law; or
(c) If, in granting the permit, the city planner, planning commission or city council considered information provided by, on behalf of, or attributable to the permittee, which was erroneous or misleading, whether as a result of its content or omissions; or
(d) If the use is conducted so as to be detrimental to the public health, welfare, or safety, or creates a nuisance.
(2) The planning commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least 10 days prior to the hearing. At the conclusion of the hearing, if the commission finds that any one of the grounds listed above exists, it may revoke the permit, order the cessation of any use and order the removal of any structure or portion thereof which has been permitted by said permit. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.15.130]
14.30.140 Appeals – City planner decisions.
(1) Any person aggrieved by a decision of the city planner on any matter under this title may appeal the decision to the planning commission within 15 days of the date the decision is final.
(2) Appeals shall be made in writing, shall clearly specify the nature of the grievance, and shall be accompanied with the appropriate fee as established by ordinance of the city.
(3) The city planner shall, at the next regular meeting of the planning commission, present a written report on the requested actions and explanation, based on the provisions of this title, for the decision rendered.
(4) The planning commission shall, based on substantial evidence and the provisions of this title, approve, conditionally approve or deny the original request. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.15.140]
14.30.150 Appeals – Planning commission decisions.
(1) Any person aggrieved by a decision of the planning commission on any matter under this title may appeal the decision to the city council within 15 days of the date the decision is final.
(2) Appeals shall be made in writing, shall clearly specify the nature of the grievance, and shall be accompanied with the appropriate fee as established by ordinance of the city.
(3) The city planner shall, at the next regular meeting of the city council, present a written report on the requested actions, including applicable provisions of this title, findings of the planning commission and the decision rendered.
(4) The city council shall, based on substantial evidence and the provisions of this title, approve, conditionally approve or deny the original request. The city council may, in light of new information presented within the appeal, refer the request back to the planning commission for further consideration.
(5) The city council’s determination on the appeal of a decision by the planning commission shall be final.
(6) Actions of the planning commission that are recommendations only shall not be considered formal decisions and are not subject to appeal. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.15.150]