Division 1. Procedures in General

9171.1 Types of Procedure.

The procedures to be utilized in changing and administering this Chapter include the following:

A. Legislative Procedures.

1. Text Change – Any ordinance or amendment changing the wording of this Chapter.

2. Zone Change – Any ordinance or amendment changing a zoning boundary as shown on the Zoning Map (CMC 9114.1).

3. Adoption or Amendment of Standards – Procedure for approval of standards specifically called for by the provisions of this Chapter to supplement the ordinance regulations, such as for parking lot design, truck maneuvering and loading area layout, and design standards and guidelines for the Site Plan and Design Review procedure.

B. Administration /Quasi-Judicial Procedures.

1. Conditional Use Permit – A discretionary action concerning a specified land use and pursuant to criteria set forth in this Chapter, to determine whether such use would be permitted at a given location and to determine the conditions or limitations on development in each case.

2. Variance – A quasi-judicial determination, under criteria established in State law and this Chapter, to vary from the literal application of regulations in this Chapter in a case where the effect of a literal application of the regulations would produce results contrary to the intent of this Chapter, and would unequally discriminate against the property owner because of particular, unusual or unanticipated circumstances pertaining to the subject property.

3. Site Plan and Design Review – The review and conditional approval of development plans within designated districts or when required as a condition of other approval, in order to achieve compatibility with surrounding uses, special standards of landscape design, architectural quality, functional effectiveness and site arrangement. (Ord. 84-699, § 1)

4. Interpretation – A procedure for resolving uncertainties or ambiguities in the meaning of any provision of this Chapter. Such Interpretations are uniformly applicable to all subsequent situations in which the same set of circumstances is present.

The Interpretation procedure may include minor adjustment of zone boundaries (up to fifty (50) feet) as shown on the Zoning Map in order to conform to lot lines or to resolve uncertainty as to the precise location of such lines.

5. Extension of Nonconforming Privilege – Procedure for extending the time period during which a legal nonconforming situation is allowed to continue in those specific cases where it is found that the period set forth in this Chapter is insufficient to allow a reasonable amortization of the fixed investments.

6. Revocation – Procedure for revoking any specific development approval or nonconforming privilege granted pursuant of this Chapter, where one (1) or more violations of zoning requirements or other laws are found to have occurred, including the use of deceit, fraud, misrepresentation or the maintenance of a public nuisance.

7. Relocation Review – The review and conditional approval of relocation development plans in order to achieve compatibility with the General Plan and/or and specific plans for the area, compatibility of use, architecture, and design with existing and anticipated development in the vicinity, convenience and safety of circulation for pedestrians and vehicles, attractiveness, effectiveness and restraint in signing, graphics and color, and development scheduling if applicable. (Added by Ord. 84-699, § 1)

9171.2 Elements of Procedure.

Insofar as possible, uniform rules shall be applied to comparable steps required under the various procedures, including applications, hearings, notices and appeals. These rules are contained in Division 3 of this Part.

9171.3 Interchangeability.

From the standpoint of the applicant, there may be two (2) or more alternative procedures under which a specific result might be obtained. (For example, the permission to establish a given use on a parcel of land might, under appropriate circumstances, be accomplished by a change in the text of the use regulations, by a change in the zoning classification of the property, by a Conditional Use Permit or by an Interpretation of the regulations.) In some cases it is not possible to determine the most appropriate procedure until the facts of the case have been developed, subsequent to the filing of an application. In order to avoid the necessity of multiple filings and/or repetitive processing under different procedures, it is hereby provided that an application or other initiation of action under any of the procedures authorized in this Part may be construed as an application or initiation of action under any and all of the other procedures authorized in this Part; provided, that, for each and every action taken, the procedural steps required for that action have been accomplished and the applicable fees paid. Nothing in this Section shall preclude an applicant from initiating, by means of separate application, any and all alternative procedures available.

9171.4 Environmental Review Requirements.

A. Under the California Environmental Quality Act, amendments to this Chapter, changes in the Zoning Map and various other actions taken pursuant to this Chapter, may or may not require preceding or concurrent action pursuant to the California Environmental Quality Act involving one (1) of the following:

1. The preparation and approval of an Environmental Impact Report; or

2. The preparation and filing of a Negative Declaration; or

3. A determination that the zoning action is exempt from the requirements of the California Environmental Quality Act; or

4. A determination that the zoning action does not constitute a project under the California Environmental Quality Control Act.

B. The environmental review procedure required by the California Environmental Quality Act shall be conducted in accordance with the Environmental Impact Report Guidelines of the City of Carson. The following relationships shall exist between the environmental review procedure and the zoning procedures set forth in this Chapter:

1. Any hearing on an Environmental Impact Report shall be held before or concurrently with a hearing on a zoning matter to which it relates.

2. Certification of a Final Environmental Impact Report or adoption of a Negative Declaration, when required, shall be made, prior to a final decision on a zoning matter. (Ord. 81-566, § 2)