Chapter 16.20
ADMINISTRATION AND ENFORCEMENT

Sections:

16.20.010    Enforcement authority.

16.20.020    Appeals – Subdivision and major partition.

16.20.030    Appeals – Minor partition.

16.20.040    Subdivision modification.

16.20.050    Hearing – Notice.

16.20.060    Hearing – Recess.

16.20.070    Amendment of title provisions – Initiation.

16.20.080    Amendment of title provisions – Procedure.

16.20.090    Amendment of title provisions – Record.

16.20.100    Amendment of title provisions – Petition filing – Fee.

16.20.110    Violation – Penalty.

16.20.010 Enforcement authority.

The city manager or his designated representative shall have the power and duty to enforce the provisions of this title. (Ord. 78-32 § 7.010)

16.20.020 Appeals – Subdivision and major partition.

A. General. A decision of the planning commission relative to a subdivision or a major partition shall be final unless a notice of appeal from an aggrieved party is received by the city manager within 10 days of the decision. The city manager shall then schedule the appeal before the city council for the next convenient meeting of the council. Such appeal shall be reviewed by the council no later than 30 days from receipt of the appeal.

B. Notice of Appeal.

1. Contents. Every notice of appeal shall contain:

a. A reference to the application or matter sought to be reviewed by the council;

b. A statement of the interest of the petitioner so as to determine his party status. Only those persons making an appearance before the planning commission hearing have the right to an appeal. An appearance shall mean either physical appearance or by letter signed by the party themselves;

c. The specific grounds relied upon in the request for review;

d. The date of the decision of the action appealed.

2. Fee and Deposit.

a. The notice shall be accompanied by the required fee, plus a deposit to cover the estimated costs of the transcript as specified by the city manager, which deposit shall be paid within five days of such estimate by the city manager.

b. Within 10 days of notice of completion of the transcript, the party seeking review shall transmit the balance due of the required transcript fee to the city manager. Any deposit excess shall be returned to the depositing party.

3. Failure to comply with any of the above requirements shall be a jurisdictional defect.

C. Review on the Record. The review of the planning commission decision shall be confined to the record of the proceeding below, which shall include:

1. All materials, pleading, memoranda, stipulations and motions submitted by any party to the proceeding and received or considered by the planning commission as evidence;

2. All materials submitted by the city manager or his designated representative with respect to the application;

3. The transcript of the hearing below;

4. The findings and order of the planning commission and the notice of appeal;

5. Argument by the parties or their legal representatives at the time of review before the council.

D. Action by the Council. The council may affirm, revise, modify or reject the decision of the planning commission. The council may also remand the matter back to the planning commission for additional information or consideration. For all cases, the council shall make findings based on the record before it, and any testimony or arguments received by it, as justification for its action. The decision of the city council relative to the appeal shall be final and binding upon the tentative map or plan and upon the city. (Ord. 78-32 § 7.020)

16.20.030 Appeals – Minor partition.

A. Application for appeal, in writing, stating the reason(s) for the appeal, shall be made to the city manager no later than 10 days after the date of approval or disapproval of the tentative plan.

B. The decision of the city manager relative to the appeal shall be final and binding upon the tentative plan and upon the city. (Ord. 78-32 § 7.030)

16.20.040 Subdivision modification.

A. The standards and requirements of these regulations may be modified by the planning commission in the case of a plan and program for a complete community, planned unit development, neighborhood unit, condominium, dwelling group, large-scale shopping center or large industrial area development which, in the opinion of the planning commission, provides adequate public spaces and improvement for the circulation, recreation, light and public services needs of the development tract and its relation to adjacent areas, and which also provides such covenants or other legal provisions as will assure conformity to and achievement of the plan.

B. Conditions. In granting modifications, the planning commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so modified. (Ord. 78-32 § 7.040)

16.20.050 Hearing – Notice.

A. When the planning commission is required to hold a public hearing, notice of hearing shall be given in the following manner:

1. Each notice of a hearing of a major partition or subdivision modification, and on an appeal, shall be published in a newspaper of general circulation in the city at least 10 days prior to the date of the hearing.

2. At least 10 days prior to the date of the hearing, notices shall be mailed to all owners of property within 500 feet, excluding streets, of the exterior boundary of the property for which the application is made.

3. The city must require that a sign be posted on the property not less than 10 days prior to the date of the hearing, displaying notice of the commission’s pending public hearing. The design and location of the sign to be posted on the property is to be determined by the city manager or his designated representative.

B. When the city council holds a hearing on the record, notice of the hearing shall be given in the following manner:

1. Each notice of a hearing shall be published in a newspaper of general circulation in the city at least 10 days prior to the date of the hearing.

2. At least 10 days prior to the date of the hearing, notices shall be mailed to all owners of property within 500 feet, excluding streets, of the exterior boundary of the property for which the application is made.

C. For the purposes of this section, the names and addresses of the owners as shown on the records of the county assessor may be used. (Ord. 78-32 § 7.050)

16.20.060 Hearing – Recess.

The planning commission or city council may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposal being considered. Upon recessing, the time and date when the hearing is to resume shall be announced. (Ord. 78-32 § 7.060)

16.20.070 Amendment of title provisions – Initiation.

An amendment, supplement or change in the text of this title may be initiated by:

A. A motion of the city council;

B. An official proposal by the planning commission;

C. A petition of any property owner or resident of the city to either the planning commission or the city council. The petition shall be effective to initiate a change only if adopted as its own by a majority vote of the body to which it is directed;

D. Referral to planning commission. All requests for amendments, supplement or change in this title shall, whether initiated with the city council or otherwise, first be referred to the planning commission. (Ord. 78-32 § 7.070)

16.20.080 Amendment of title provisions – Procedure.

This title may be amended by following the procedure prescribed in this section.

A. The planning commission shall hold a public hearing on the proposed amendment after publishing notice of the hearing once a week for two successive weeks prior to the hearing in a newspaper of general circulation published in the area in which land to be subject to such amendment is situated. The notice shall contain the time, place and purpose of the hearing and a description of the land to be subject to the amendment.

B. Prior to the expiration of 60 days after the date of such hearing, the planning commission may transmit its recommendation regarding the proposed amendment to the city council. If the planning commission recommendation has not been received by the city council prior to the expiration of such 60-day period, the city council may consider the amendment without recommendation of the planning commission thereon.

C. Prior to the adoption of such amendment, the city council shall hold a hearing thereon after giving notice of the hearing in the same manner provided in subsection (A) of this section.

D. A copy of any amendment adopted by the city council shall be filed with the county clerk. Such amendments shall not be effective until so filed. (Ord. 78-32 § 7.080)

16.20.090 Amendment of title provisions – Record.

The city shall maintain a record of amendments to the text of this title in a form convenient for the use of the public. (Ord. 78-32 § 7.090)

16.20.100 Amendment of title provisions – Petition filing – Fee.

A. Petitions for amendment, supplement or change to this title shall be filed with the city manager or his designee.

B. At the time of filing such petition, the petitioner shall pay to the city manager or his designee a fee to cover expenses incidental to the investigation of such petition and the cost of publishing notice of public hearing. (Ord. 78-32 § 7.100)

16.20.110 Violation – Penalty.

Violation of these subdivision regulations, including the sale of subdivision lands by metes and bounds, is made unlawful by this section, and each unlawful sale by metes and bounds or other unlawful act shall be treated as a separate violation. Each violation shall be punishable, upon conviction, by a fine of not more than $500.00. (Ord. 82-22 § 10; Ord. 78-32 § 8.010)