Chapter 17.04
PROCEDURES
Sections:
17.04.020 Planning commission—Scope of authority.
17.04.030 Application provisions.
17.04.040 Application—Resubmittals.
17.04.050 Application—Filing fees.
17.04.060 Notice—Rezonings and quasi-judicial matters.
17.04.070 Notice for entitlements affecting more than two hundred fifty persons.
17.04.100 Failure to receive notice.
17.04.120 Decisions—Finality and effective date.
17.04.130 Issuance of permits.
17.04.150 Appeals—Action reviewed by the city council.
17.04.160 Zoning—Amendment of zoning maps.
17.04.170 Initiation of proceedings.
17.04.180 Planning commission hearing.
17.04.190 City council hearing.
17.04.210 Occupancy use permits.
17.04.010 Applicability.
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. The provisions of this chapter are directory only. Failure to follow the procedural requirements set forth herein shall not invalidate any action taken in the absence of a clear showing of prejudice. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.04.020 Planning commission—Scope of authority.
A. The planning commission shall hear and decide the following matters:
1. Applications for variances;
2. Applications for conditional use permits;
3. Appeals from administrative acts, where it is alleged by the appellant that there is error in any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of this title.
B. In the above matters, the decision of the planning commission may be appealed to the city council according to the provisions of Section 17.04.140.
C. Upon expiration of the time within which an appeal may be filed, and no appeal being filed within such time, the decision of the planning commission shall be final. If an appeal is filed within such time, the decision of the commission shall be stayed pending determination of the appeal or its withdrawal by the appellant.
D. Until the decision of the planning commission or city council has become final, as provided in subsection (C) of this section, no permit or license shall be issued for any use dependent upon the granting of a variance or conditional use permit.
E. The planning commission shall make recommendations to the city council on all legislative matters, such as general plan amendments and zoning code amendments, as required by state. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.04.030 Application provisions.
A. All applications for entitlements provided for in this title shall be in writing and shall be filed in the planning office on forms provided by the city.
B. 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.
C. The city council or planning commission may initiate an application for any entitlement provided for in this title. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.04.040 Application—Resubmittals.
A. If an application for a use permit has been denied, wholly or in part, by the planning commission or city council, or if an application for zoning has been denied, wholly or in part, by the city council, no new application for substantially the same use permit or zoning shall be resubmitted for a period of one year from the effective date of the final denial of the application, unless the planning commission or city council, for good cause, grants permission to do so.
B. The planning commission or the city council may initiate a rezoning without restriction by this section.
C. An application for the same variance, once denied, may not be resubmitted unless the city council or planning commission, for good cause, grants permission to do so. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.04.050 Application—Filing fees.
The city council shall, by resolution, establish or change from time to time the filing fees requested upon the filing of applications pursuant to this title. Such filing fees shall be for the purpose of defraying, in part, the expense of staff review and analysis, postage, posting, advertising or other costs incidental to the proceedings. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.04.060 Notice—Rezonings and quasi-judicial matters.
A. Except as provided in Section 17.04.070, when any person or body is required to hold a public hearing to consider a prezoning, rezoning, use permit or revocation of same, or variance, or whenever a provision of this chapter so requires by reference to this section, notice shall be given at least ten days prior to the scheduled hearing by at least one publication thereof in a newspaper of general circulation within the city.
B. Written notice shall be mailed or delivered at least ten days prior to the hearing to the applicant, if any, and to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet and to the occupants of any property within one hundred feet of the property which is the subject of the application or who have requested notice in writing. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.04.070 Notice for entitlements affecting more than two hundred fifty persons.
Whenever notice of a hearing under Section 17.04.060 would result in mailed notice to more than two hundred fifty persons, notice may be given by placing a display advertisement of at least one-quarter page in a newspaper of general circulation within the area affected by the proposal at least ten days prior to the scheduled hearing. Notice given under this section shall be in lieu of the notice required by Section 17.04.060. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.04.080 Contents of notice.
Notice given under this chapter shall include the following to the extent applicable:
A. The date, time and place of the hearing;
B. A general description and/or map of any specific property involved in the proceedings;
C. A general description of the matter to be considered;
D. The environmental determination, if any, that has been made of the application;
E. The action that has been or may be taken;
F. Where action has been taken, the conditions of approval, if any;
G. Appeals or requests for review that may be made;
H. A statement that any person may appear and be heard, and that persons are encouraged to submit typewritten statements or diagrams to the director in advance of the hearing so that they can be copied and distributed to the hearing body;
I. 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 or submitted to the hearing body, in writing, prior to or at the public hearing. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.04.090 Mailed notice.
Whenever notice is required to be given by mail under this chapter, notice shall be deemed given when deposited in the United States mail, postage prepaid and addressed to the intended recipient at the address shown on the latest equalized assessment roll. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.04.100 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. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.04.110 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 when requested by any interested party at or before the close of the hearing or within a specific review period. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.04.120 Decisions—Finality and effective date.
A. A decision not requiring adoption of findings of fact shall be final when made. A decision requiring adoption of findings of fact shall be final when the findings of fact are adopted.
B. 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. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.04.130 Issuance of permits.
No permit, certificate or other entitlement shall be issued or exercised while such permit, certificate or other entitlement is the subject of a hearing then pending or of an appeal or other request for review of the decision granting the permit, certificate or entitlement. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.04.140 Appeals.
Any person aggrieved by a final decision of the planning commission made under this title may appeal the decision to the city council within fifteen days of the date the decision is final. Actions of the planning commission that are recommendations only shall not be considered final decisions. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.04.180)
17.04.150 Appeals—Action reviewed by the city council.
A. Within fifteen days of the date an action under this title by the planning commission is final and in the absence of an appeal being filed, the city council may, on its own motion, but with not less than four affirmative votes, order a review of the action by the council.
B. The council may determine by resolution that the public interest and welfare require a further hearing and order a hearing to be conducted by the council at a time fixed in the resolution. The time fixed for the hearing shall be within thirty days after the commission’s decision was filed with the city clerk. Notice of such hearing shall be given in the manner set forth in this chapter.
C. At its hearing, the council may affirm, modify or reverse the commission’s decision. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.04.190)
17.04.160 Zoning—Amendment of zoning maps.
The official zoning maps of the city may be amended in the manner prescribed herein by changing the boundaries of the districts whenever necessary or convenient to the public health, safety and general welfare. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.04.200)
17.04.170 Initiation of proceedings.
The inclusion of property in a zone or a proposed change of zone, or an amendment to the text of this title, may be initiated by application or by resolution of the planning commission or city council. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.04.210)
17.04.180 Planning commission hearing.
A. The planning commission shall hold at least one public hearing on an application for rezoning or a proposed amendment to the text of this title.
B. Following the hearing, the commission shall consider the reports and recommendations and shall make a recommendation to the city council.
C. The provisions of the section relating to a hearing and recommendation by the planning commission on a proposed rezoning or amendment to the text of this title shall not apply to emergency ordinances adopted by the city council as provided by the Dinuba Municipal Code. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.04.220)
17.04.190 City council hearing.
A. Upon receipt of a recommendation from the planning commission, the city council shall hold at least one public hearing on a proposed rezoning or amendment to the text of this title.
B. Following the hearing, the city council may approve or modify and approve the proposed rezoning, including approval of a portion of a rezone or amendment to the text of this title, by adoption of an ordinance, or the city council may disapprove the proposal; however, any substantial modification proposed by the city council not previously considered by the planning commission during its hearing shall first be referred to the planning commission for its recommendation. Failure of the planning commission to report within forty-five days after the referral, or within a time specified by the city council, shall be deemed a recommendation for approval.
C. The provisions of this section relating to receipt of a recommendation from the planning commission and the conduct of a hearing and the provisions of Sections 17.04.060 and 17.04.070 relating to notice of the hearing shall not apply to rezonings adopted by emergency ordinance of the Dinuba Municipal Code. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.04.230)
17.04.200 Rezone conditions.
The city council may approve a rezoning with conditions as it finds are reasonably related to the proposal and are necessary or convenient to achieve the purposes of this title and the general plan. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.04.240)
17.04.210 Occupancy use permits.
An occupancy use permit shall be duly issued for such use or purpose prior to:
A. The initial occupancy or use of any new building or structure, or of a building or structure moved to a new site, or of new floor space or other addition to an existing building;
B. The change of type or class of use of an existing building; or
C. A change of use of any unimproved premises, except to a use involving only the tilling of land or growing thereon of farm, garden or orchard products. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.04.250)