Chapter 14-10
ADMINISTRATION AND PROCEDURE

Sections:

Part 1: General

14-10.100    Purpose.

14-10.102    Interpretation, conflict and severability.

14-10.103    Saving provision.

14-10.104    Effect of this title on approved development permits currently being processed, and new applications for development permits.

14-10.105    Interpretation of language.

14-10.106    Similar use determination.

14-10.107    Determination on unlisted uses.

14-10.108    Application procedure.

14-10.109    Investigation and report.

14-10.110    Findings.

Part 2: Development Permits

14-10.200    Development permits required.

14-10.201    Classification of development permits.

Part 3: Planning Commission and Zoning Administrator

14-10.300    Creation of the Planning Commission.

14-10.301    Creation of the Zoning Administration.

14-10.302    Designation of the Zoning Administrator.

14-10.303    Powers and duties of the Zoning Administrator.

14-10.304    Public hearings.

Part 4: Application Process and Official Filing Date

14-10.400    Standardized forms.

14-10.401    Determination of complete application.

14-10.402    City of Watsonville architectural guidelines and development and public improvement standards.

14-10.403    Processing of application and report.

14-10.404    Official filing date.

14-10.405    Re-application following denial.

14-10.406    Withdrawal.

Part 5: Review and Decision by the Zoning Administrator

14-10.500    Review and decision by the Zoning Administrator.

14-10.501    Notice of filing of an application.

14-10.502    Notice of decision by the Zoning Administrator.

Part 6: Review and Decision by the Planning Commission

14-10.600    Review and recommendation by the Planning Commission.

14-10.601    Review and decision by the Planning Commission.

14-10.602    Notice of decision by the Planning Commission.

Part 7: Review and Decision by the City Council

14-10.700    Review and decision by the City Council.

14-10.701    Notice of decision by the City Council.

Part 8: Conditional Approval

14-10.800    Authority to condition development permits.

Part 9: Public Hearing Notice Provisions

14-10.900    General.

14-10.901    Authority to notice.

14-10.902    Notice contents.

14-10.903    Published notice.

14-10.904    Posted notice.

14-10.905    Mailed notice.

14-10.906    Costs of notice.

Part 10: Public Hearing Procedures

14-10.1000    Setting of the hearing.

14-10.1001    Examination and copying of documents.

14-10.1002    Conduct of hearing.

14-10.1003    Record of proceedings.

14-10.1004    Additional rules.

14-10.1005    Motion for reconsideration for City Council.

Part 11: Appeals

14-10.1100    Appeals to the City.

14-10.1101    Where to file appeals.

14-10.1102    Procedure for appeals.

14-10.1103    Stays pending appeals.

14-10.1104    When appeals are heard.

14-10.1105    Notice of filing an appeal.

14-10.1106    Action of the Planning Commission or City Council.

Part 12: Expiration of Approval of Development Permit

14-10.1200    Time of expiration.

14-10.1201    Extension procedures.

Part 13: Revocation of Permit

14-10.1300    Duties of the Zoning Administrator.

14-10.1301    Notice and public hearing.

14-10.1302    Required findings.

14-10.1303    Notice of decision.

14-10.1304    Appeals of revocation.

14-10.1305    Modifications of terms or conditions.

14-10.1306    Right cumulative.

Part 14: Fees

14-10.1400    Fee schedule.

14-10.1401    Payment of fee.

Part 15: Rounding of Quantities

14-10.1500    Rounding of quantities.

Part 1: General

14-10.100 Purpose.

The purpose of this chapter is to establish the procedures required for the administration of this title and to set forth the basic responsibilities of the officials and bodies charged with its administration.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.102 Interpretation, conflict and severability.

(a)    In their interpretation and application, the provisions of this title shall be the minimum requirements for the promotion of the public health, safety, morals, convenience and general welfare and shall be construed broadly to promote the purposes for which they are adopted.

(1)    Public provisions. This chapter is not intended to interfere with, abrogate, or annul any other chapter, rule or regulation, statute or other provision of law except as specifically provided herein. Where any provision of this chapter imposes restrictions different from those imposed by any other chapter, rule or regulation of the City, or other provision of law, the provision which is more restrictive or imposes higher standards shall control.

(2)    Private provisions. Private easements, covenants, conditions and restrictions of record are not enforced by the City except as may be specifically provided by agreement with the City of Watsonville.

(b)    If any part or provision of this chapter or its application to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of this chapter or its application to other persons or circumstances. The Council hereby declares that it would have enacted the remainder of this chapter even without any such part, provision, or application which is judged to be invalid.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.103 Saving provision.

The provisions of this title shall not be construed as abating any action now pending under, or by virtue of, prior existing land development laws, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the City under any chapter or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the City except as shall be expressly provided for in this chapter.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.104 Effect of this title on approved development permits, development permits currently being processed, and new applications for development permits.

(a)    Approved development.

(1)    Development to which an application for Design Review, Use Permit, Variance, Parcel Map, Tentative Subdivision Map, or Final Subdivision Map has been finally approved and which approval remains valid on the effective date of this title shall remain valid unless such approval expires by the terms of the approval or in accordance with Part 12 of this chapter (commencing with Section 14-10.200). Development which has been granted approval may be built in accordance with the development standards in effect at the time of approval, provided that the approval is valid at the time Building Permits are issued and that the approval complies with any time limits imposed pursuant to this title; further provided that any subsequent applications for a development permit required by this title prior to issuance of and including a Building Permit and Certificate of Occupancy shall be processed in accordance with the procedures established by this title for the processing of such development permit.

(2)    No provision of this title shall require any change in the plans, permit expiration, construction or designated use of any structure for which a Building Permit has been issued prior to the effective date of this title or any subsequent amendment.

(3)    Any re-application to review an expired development permit must meet the standards in effect at the time of re-application.

(b)    Projects in process. Development for which an application for a development permit has been accepted as complete, but which has not been granted final approval by the appropriate designated official prior to the effective date of this title, shall be subject to the land use regulations, standards for approval, and other requirements in effect at the time the application was deemed complete provided that any subsequent application for a development permit required by this title prior to issuance of and including a Building Permit and Certificate of Occupancy shall be processed in accordance with the procedures established by this title for the processing of such development permit. If approved, the development may be built in accordance with the development standards in effect at the time of application, provided that any Design Review filed subsequent to the issuance of a Special Use Permit or re-application for an expired permit must meet the standards for approval in effect at the time of application. This provision shall not apply to any application for a General Plan amendment or Zoning Code amendment.

(c)    New applications. If no application for a development permit has been accepted as complete and the development has received no more than approval of a General Plan Map amendment or a Zoning Map amendment prior to the effective date of this title, pending and subsequent applications for development approval shall be subject to all requirements, standards and procedures set forth in this title.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.105 Interpretation of language.

In the event this title requires interpretation, the Zoning Administrator may make the interpretation or refer the matter to the Planning Commission for action, except as otherwise provided.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.106 Similar use determination.

The Zoning Administrator may authorize a use not specifically listed within a zoning district if it is determined that the use is similar to other uses permitted in the zoning district provided that the use is not specifically listed in another zoning district, pursuant to Part 3 of this chapter.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.107 Determination on unlisted uses.

The Zoning Administrator, upon a written request, or the Planning Commission upon referral by the Zoning Administrator, may determine whether a use not specifically listed as a use that is principally permitted or specially permitted in a particular zoning district of the City based on similarity of the use to uses already listed in accordance with the following:

(a)    Where the term “similar uses permitted by Zoning Administrator determination” is mentioned within any zone district, it shall be deemed to mean other uses which, in the judgment of the Zoning Administrator as evidenced by a written decision, are similar to and not more objectionable to the general welfare than those uses specifically listed in the same district.

(b)    The Zoning Administrator may refer a determination on an unlisted use to the Planning Commission.

(c)    The Zoning Administrator or the Planning Commission shall not determine that a use is permitted in a zone when the use is specifically first listed as permissible in a zone district allowing more intensive uses.

(d)    The procedures of this chapter shall not be substituted for the amendment procedure as a means of adding new uses to the list of permitted or specially permitted uses.

(e)    The Planning Commission may, on its own motion or at the request of any affected party, reconsider and change a written decision regarding uses previously determined by the Planning Commission or Zoning Administrator.

(f)    The Zoning Administrator’s determination regarding conformance of a use to a zone district may be appealed to the Planning Commission pursuant to Part 11 of this chapter. The Planning Commission’s determination regarding conformance of a use to a zone district may be appealed to the Council, pursuant to Part 11 of this chapter.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.108 Application procedure.

Application for a determination on an unlisted use shall be made in writing to the Zoning Administrator and include a detailed description of the proposed use and any other information as may be required to facilitate review of the request, along with the required fee as established by resolution.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.109 Investigation and report.

The Zoning Administrator shall prepare a report which will address the following and submit copies to the applicant, Planning Commission, and City Council:

(a)    Comparison of the proposed use to the type and intensity of other uses principally permitted or conditionally permitted in the same zone district;

(b)    Evaluation of the purpose and intent of that zone district;

(c)    Review of the General Plan to compare the proposed use characteristics with the applicable goals and objectives.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.110 Findings.

The Zoning Administrator, or Planning Commission upon referral by the Zoning Administrator, shall base the decision upon the following findings:

(a)    The use in question is of a similar type and intensity to other principally, administratively, or specially permitted uses in the same zone district.

(b)    The use in question meets the purpose and intent of the district in which it is proposed.

(c)    The use in question meets and conforms to the applicable policies and maps of the General Plan.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 2: Development Permits

14-10.200 Development permits required.

No development may be undertaken unless a development permit is issued in accordance with the provisions of this title. “Development” shall mean, except as otherwise provided in this title, any of the following activities:

(a)    Filling, excavating, grading, paving, dredging, mining, drilling or otherwise significantly disturbing the soil or land form of a site with the exception of those activities associated with cultivation of the land;

(b)    Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system and the storage of materials;

(c)    Erection of a sign except as otherwise exempted;

(d)    Alteration of a historic property for which authorization is required under this code;

(e)    Changing the use of a site so that the requirement for parking is increased;

(f)    Construction, elimination or alteration of a driveway onto a public street.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.201 Classification of development permits.

Development permits shall be classified as specified in Part 2 of Chapter 14-12, Part 25 of Chapter 14-16, and Title 13.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 3: Planning Commission and Zoning Administrator

14-10.300 Creation of the Planning Commission.

There is hereby created a Planning Commission to consist of seven (7) members and to be known and designated as the Planning Commission. The members shall be appointed by the Council pursuant to the Charter of the City and Chapter 3 of Title 7 of the Government Code of the State, and amendments thereto, and shall have the powers and duties as therein set forth.

No obligations or indebtedness shall be incurred or created by the Planning Commission except as may have been provided in its annual City budget by the Council and/or as may be authorized by resolution of the Council.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.301 Creation of the Zoning Administrator.

In order to achieve coordination in the administration of this title, to increase the efficiency of zoning enforcement proceedings, to reduce the time consumed in processing applications for various permits and reviews prescribed by this title, and to relieve the Commission of certain routine and ministerial functions in order that it may give its attention to its primary responsibility of comprehensive planning, there is hereby created within the Community Development Department the Zoning Administrator function.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.302 Designation of the Zoning Administrator.

The Zoning Administrator shall be the Community Development Director or his or her designee.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.303 Powers and duties of the Zoning Administrator.

The Zoning Administrator shall have the following powers and duties:

(a)    Accomplish all administrative actions required by this title, including the receiving of applications for permits and reviews, giving of notices, preparing reports, receiving and processing appeals, and receiving and accounting for fees;

(b)    Supervise staff members assigned to zoning administration;

(c)    Maintain the sections of this title, Zoning Map, and all records of zoning actions and cases;

(d)    Issue Variances as provided by this title;

(e)    Issue Use Permits as provided by this title;

(f)    Make interpretations of the zoning regulations in areas that are in dispute;

(g)    Report regularly to the Commission on action taken by the office, including the number of cases handled and their disposal, and recommendations for amendments to this title;

(h)    Approve Design Review applications as provided by this title; and

(i)    At his option, refer in writing any of the matters on which he or she is authorized to rule and/or issue a permit to the Commission for its review and action and to so notify the applicant of such referral;

(j)    Makes similar use determinations.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.304 Public hearings.

A public hearing need not be held in the discharge of the powers and duties of the Zoning Administrator unless, in his or her opinion, such public hearing is in the public interest. Should the Zoning Administrator find that a public hearing should be held, he or she shall give notice thereof in the manner prescribed in Part 9 of this chapter.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 4: Application Process and Official Filing Date

14-10.400 Standardized forms.

Requests for development permits shall be made on applications provided by the Community Development Department. The City may promulgate submittal requirements, instructions for completing forms, internal procedures for acceptance and filing of applications, and provisions for waiver by administrative guideline. For permits requiring a public hearing, the application shall include the names of all owners and, if a corporation, all officers.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.401 Determination of complete application.

Within thirty (30) calendar days after an application for a Zoning or Land Division Permit has been received by the Community Development Department, the Zoning Administrator shall determine whether the application is complete. If it is determined that the application is not complete, written notice shall be forwarded to the applicant specifying the application’s deficiencies. The Zoning Administrator shall take no further action on the application unless the deficiencies are remedied. If the official fails to make a determination of completeness within thirty (30) calendar days without the written concurrence of the applicant, the application is deemed complete. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this title.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.402 City of Watsonville architectural guidelines and development and public improvement standards.

All development applications conform with the City’s adopted architectural guidelines and development and public improvement standards, as such may be amended from time to time.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.403 Processing of application and report.

Following the determination that a development application is complete, or the application is deemed complete under this title. The Community Development Department shall file the application, review it, conduct California Environmental Quality Act (CEQA) review, and prepare a report for the Zoning Administrator, Planning Commission or City Council, as may be required, recommending approval, denial or continuance for redesign. The Zoning Administrator shall schedule the matter for public hearing or make a final decision within the time and in the manner required by this title, the California law, or by administrative guidelines.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.404 Official filing date.

The time for processing applications for development permits or acting on applications established by California law or by this title shall commence on the date that the application is deemed complete. Material modifications of any application by the applicant following the filing of the application and prior to the expiration of the period during which the City is required to take action shall extend the period for a like time following the Zoning Administrator’s determination that the modified application is complete and the application is refiled.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.405 Re-application following denial.

Whenever any application for a development permit is denied for failure to meet the requirements of this title, an application for a development permit for all or a part of the same property shall not be considered for a period of one year from the date of denial unless the subsequent application for a materially different proposal than the one denied.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.406 Withdrawal.

An application for a development permit may be withdrawn prior to action on the matter. Such withdrawal shall be submitted by the applicant, in writing, to the Community Development Department.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 5: Review and Decision by the Zoning Administrator

14-10.500 Review and decision by the Zoning Administrator.

Whenever the Zoning Administrator has been delegated final decision-making authority for a development permit pursuant to this title, whether by original jurisdiction or upon appeal, he or she shall decide whether to approve, conditionally approve, deny, continue the application or defer it to the Planning Commission. If a public hearing is required by this title prior to decision, the hearing shall be noticed in the manner provided in Part 9 and conducted in the manner provided in Part 10 of this chapter. The public hearing shall be held within the time established by law.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.501 Notice of filing of an application.

Upon the filing of an application for review by the Zoning Administrator, a notice shall be mailed to all contiguous property owners. Contiguous for the purpose of this chapter includes those properties which touch the parcel which is subject to the land use request including those which would touch the property when projected across a public or private easement or right-of-way. The notice shall contain a brief description of the request, location of the plans for review, and deadline for comment.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.502 Notice of decision by the Zoning Administrator.

Within three (3) working days of the date of the Zoning Administrator’s decision:

(a)    The applicant shall be notified, in writing, of the action taken, including appeal rights and procedures as provided in Part 11 of this chapter, and, if applicable, all conditions imposed and times established for satisfaction of such conditions.

(b)    A notice of decision shall be mailed to those individuals who were mailed the notice of filing described in Section 14-10.501.

(1)    The notice shall contain the following information:

(i)    Effective date of action;

(ii)    Action taken;

(iii)    General description of the property involved;

(iv)    General description of the proposed project;

(v)    Statement as to whom an appeal may be taken and the time limit for such appeal.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 6: Review and Decision by the Planning Commission

14-10.600 Review and recommendation by the Planning Commission.

Whenever the Planning Commission is required by California law or this title to make a recommendation to the City Council concerning an application for a development permit, the Commission shall conduct a public meeting. If a public hearing is required by this title prior to decision, the hearing shall be noticed in the manner provided in Part 9 and conducted in the manner provided in Part 10 of this chapter. The public hearing shall be held within the time established by law.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.601 Review and decision by the Planning Commission.

Whenever the Planning Commission has been delegated final decision-making authority for a development permit pursuant to this title, whether by original jurisdiction or upon appeal, it shall decide whether to approve, conditionally approve, deny, revoke, or continue the application at a public meeting following receipt of the report and recommendation of the Zoning Administrator. If a public hearing is required by this title prior to decision, the hearing shall be noticed in the manner provided in Part 9 and conducted in the manner provided in Part 10 of this chapter. The public hearing shall be held within the time established by law.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.602 Notice of decision by the Planning Commission.

Within three (3) working days of the date of the Commission’s decision, the applicant shall be notified, in writing, of the action taken, including appeal rights and procedures as provided in Part 11 of this chapter, and, if applicable, all conditions imposed and times established for satisfaction of such conditions.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 7: Review and Decision by the City Council

14-10.700 Review and decision by the City Council.

Whenever the City Council is required by California law or has reserved for itself pursuant to this title the authority for final action upon a development application, the Council shall decide whether to approve, conditionally approve, deny, revoke, or continue the application at a public meeting. If a public hearing is required by this title prior to decision, the hearing shall be noticed in the manner provided in Part 9 and conducted in the manner provided in Part 10 of this chapter. The public hearing shall be held within the time established by law.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.701 Notice of decision by the City Council

Within five (5) working days of the date of the Council’s decision, the applicant shall be notified by the City Clerk, in writing, of the action taken and, if applicable, all conditions imposed and times established for satisfaction of such conditions.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 8: Conditional Approval

14-10.800 Authority to condition development permits.

(a)    Whenever this title or California Statutes authorizes the Zoning Administrator, Planning Commission, City Council, or other body to condition applications for development permits, the official or entity, after review of the application and other pertinent documents and any evidence made part of the record of the public process, may, in addition to those conditions required for particular types of development permits, impose additional conditions reasonably necessary to assure the following:

(1)    Conformity with the goals and policies embodied in the General Plan;

(2)    Standards which are generally or specially applicable to particular uses including specific conditions relative to operation of the use;

(3)    Compatibility between the proposed development and adjacent development and neighborhoods;

(4)    Preservation of the character and integrity of adjacent development and neighborhoods; and

(5)    Protection of the health, safety and general welfare of the citizens of the City.

(b)    Where such additional conditions are imposed, the body imposing such conditions shall make findings which embody the basic purpose of such conditions placed on the application. Such conditions imposed by recommendation of the Zoning Administrator or Planning Commission may only be modified subsequently by the final decision-maker or upon appeal.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 9: Public Hearing Notice Provisions

14-10.900 General.

A public hearing shall be held prior to action by the Commission and/or Council in any of the following cases:

(a)    Any change in the text of this title;

(b)    Any reclassification of property from one zoning district to another or change in the Zoning Map;

(c)    As specifically provided by a section contained in this title; or

(d)    As determined necessary or desirable by the Commission and/or Council upon the adoption of a resolution setting the time and place for a public hearing.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.901 Authority to notice.

The Zoning Administrator is hereby authorized to advertise and notice a public hearing as provided in this part for the Commission and City Clerk for the Council when required by this title or when such hearing is considered desirable or necessary in order to carry out the purpose of this title. No defect in the notice procedure shall affect jurisdiction to take action on a matter.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.902 Notice contents.

Any such notice, whether published, mailed, or posted, shall contain, at a minimum, the following information:

(a)    Time of the hearing;

(b)    Address and place of the hearing;

(c)    Name of the applicant;

(d)    General explanation of the matter to be considered;

(e)    General description of the property involved;

(f)    Statement that any interested person is invited to appear and either endorse or object to the application in question;

(g)    Statement as to whom an appeal may be taken and the time limit established for such appeal, if any; and

(h)    Statement that anyone so requesting shall be notified of the action on the application in question.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.903 Published notice.

Except as otherwise specifically provided in this title, in any instance in which it is required by law that the Zoning Administrator, Planning Commission, City Council, or any other final decision-maker must hold a public hearing, a notice setting forth the information as required in Section 14-10.902 must be published in at least once in a newspaper of general circulation in the City no more than ten (10) nor less than five (5) calendar days prior to such hearing.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.904 Posted notice.

Except as otherwise specifically provided in this title, in any instance in which it is required by law that the Zoning Administrator, Planning Commission, City Council, or any other final decision-maker must hold a public hearing, a notice setting forth the information required in Section 14-10.902 must be posted on the site and be no smaller than 24" Þ 36", not less than ten (10) calendar days prior to such hearing. The posted notice shall include a Spanish summary translation of the information.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.905 Mailed notice.

Except as otherwise specifically provided in this title, in any instance in which it is required by law that the Zoning Administrator, Planning Commission, City Council, or any other final decision-maker must hold a public hearing, a notice setting forth the information required in Section 14-10.902 shall be mailed no less than ten (10) calendar days prior to such hearing to the following:

(a)    The applicant;

(b)    Any additional persons the Zoning Administrator, Commission, or Council deem advisable;

(c)    Any person who has filed a written request for such notice; and

(d)    Surrounding property owners within a three hundred (300) foot radius drawn from the perimeter limits of the subject property.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.906 Costs of notice.

The applicant is responsible for providing the required fee to provide labels for any application requiring a public notice as established by resolution of the Council.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 10: Public Hearing Procedures

14-10.1000 Setting of the hearing.

When the Zoning Administrator determines that a development permit application is complete and a public hearing is required by this title, the Zoning Administrator shall select a place, date and time for the required hearing, and prepare notice of the hearing pursuant to Part 9 of this chapter. The hearing shall be held as provided by law, except where a written request for extension has been submitted by the applicant and the extension is granted by the appropriate body, or staff requested the continuance with the consent of the applicant.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1001 Examination and copying of documents.

At any time, upon reasonable request, any person may examine the application and materials submitted in support of or in opposition to an application for a development permit. Copies of any material will be made available at a cost which shall be set by resolution.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1002 Conduct of hearing.

(a)    Any person or persons may appear at a public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall be requested to state his or her full name and, if appearing on behalf of an organization, the name and mailing address of the organization for the record.

(b)    The hearing body may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. Any person appearing as a witness may ask relevant questions of other persons appearing as witnesses, but shall do so only through the chairperson of the body conducting the hearing and at the chairperson’s discretion.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1003 Record of proceedings.

The official record of the hearing shall include oral testimony, the minutes of the meeting, all applications, exhibits and papers submitted, all staff reports and recommendations. The record of the Planning Commission shall be crated and maintained by the secretary of the Planning Commission and the Council hearing by the City Clerk.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1004 Additional rules.

All matters pertaining to the public hearing shall be governed by other provisions of this code applicable to the body conducting the hearing and its adopted rules or procedures as long as they are not in conflict with this title. The body conducting the hearing may adopt rules of procedure to limit the number of applications for development approval which may be considered per meeting and the time for each presentation.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1005 Motion for reconsideration for City Council.

(a)    All requests for reconsideration shall be filed in writing with the City Clerk of the City Council within five (5) days of the date the decision was rendered and shall set forth reasons for such request for rehearing.

(b)    An application for reconsideration may be granted by at least five (5) affirmative votes upon a finding that there appears to be evidence to substantiate the grounds identified in Subsection (c) below.

(c)    An application for rehearing shall be granted only if the applicant demonstrates that the record of the proceedings should be expanded to consider evidence material to the reasons for the decision on the application; that such evidence was not available at the time of the hearing or could not be presented due to circumstances beyond the applicant’s control at the original hearing; and that there is a reasonable probability that the evidence, when considered by the hearing body, may lead to a different decision.

(d)    Applicant shall upon approval of the request submit a fee set by resolution of the City Council.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 11: Appeals

14-10.1100 Appeals to the City.

Any applicant or any other interested person, or any officer or official of any public or quasi-public body, who considers an action taken under the provisions of this title by any official or advisory body to have been erroneously taken may appeal such action and decision.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1101 Where to file appeals.

(a)    Appeals from the decisions of the Zoning Administrator, or any other administrative official or advisory body in taking any of the actions authorized by this title shall be made to the Commission through its Secretary.

(b)    Appeals from the decisions of the Commission in taking any of the actions authorized by this title shall be made to the Council through the City Clerk.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1102 Procedure for appeals.

(a)    All appeals shall be made in writing and shall state the nature of the application and describe the specific grounds upon which the decision of the official or body is considered to be in error, and shall be accompanied by the filing fee as set by resolution of the Council.

(b)    Such appeals, to be effective, shall be received by the Secretary to the Commission or by the City Clerk pursuant to Section 14-10.1101 no later than fourteen (14) calendar days following the date of the action from which such appeal is being taken.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1103 Stays pending appeals.

The receipt of a written appeal shall stay all actions, or put in abeyance all approvals or permits which may have been granted, pending the decision of the Commission or Council on such appeal.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1104 When appeals are heard.

The Secretary to the Commission shall schedule a hearing by the Commission at the next available regular meeting, consistent with the agenda preparation procedures and schedules for the Commission meetings. The City Clerk shall schedule appeal hearings from the Commission to the Council at the next available regular meeting, consistent with the Council agenda preparation and meeting schedules. Any such appeal hearing shall be conducted pursuant to Part 10 of this chapter.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1105 Notice of filing of an appeal.

Whenever an appeal is filed, notice shall be given in the manner provided in Part 9 of this chapter.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1106 Action of the Planning Commission or City Council.

(a)    The Planning Commission, at the conclusion of the hearing pursuant to Part 6 of this chapter, may sustain, modify or overrule the action of the City official. The decision of the Planning Commission shall be final unless an appeal to the Council is filed pursuant to Section 14-10.1101. Unless otherwise determined by the Commission the hearing shall not be “de novo” but shall be limited to the issues identified in the notice of appeal.

(b)    The Council, at the conclusion of the hearing pursuant to Part 7 of this chapter, may sustain, modify or overrule the action of the Planning Commission. The decision of the Council on any such appeal shall be final.

(c)    In order for an official action to be overturned by an appeal the acting body must find: that the action taken by the official or advisory body was taken erroneously and was inconsistent with the intent of the zoning district regulations that regulate the proposed action.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 12: Expiration of Approval of Development Permit

14-10.1200 Time of expiration.

(a)    Unless otherwise specifically provided in this title, development permits shall automatically expire and become null or void, and all activities pursuant to such permit thereafter shall be deemed in violation of this title, if the applicant:

(1)    Fails to inaugurate the project;

(2)    Fails to pursue the project to completion;

(3)    Fails to satisfy any condition that was imposed as part of the original or revised approval of the development application or that was made pursuant to the terms of any development agreement within the time limits established therein for satisfaction of such condition or term;

(4)    Fails to present a subsequent development application required by this title within the time required or as may be required by law; or

(5)    Fails to obtain an automatic time extension allowed by Section 14-10.1201(b) or (c).

(b)    If no time limit for satisfaction of conditions is specified in the original or revised approval of the development application, the time shall be deemed to be two (2) years from the date such approval was granted by the final decision-maker.

(Ord. 1156-03 C-M, eff. May 22, 2003, as amended by § 1, Ord. 1259-10 (CM), eff. July 10, 2010)

14-10.1201 Extension procedures.

(a)    An extension of up to one (1) additional year may be granted by the person or hearing body who originally approved the permit, provided the applicant makes application, files the applicable fee and submits written justification showing good cause for the extension at least forty-five (45) days prior to expiration. Good cause shall include showing diligent work toward completion of the project. Good cause does not include poor lot sales on recorded phases, lack of financing for the subdivision, or delay because of engineering or design problems. No further extension may be granted by the Zoning Administrator or by the final hearing body except as provided by an adopted development agreement or by law, or as allowed by the following automatic extension provisions.

(b)    Due to critical economic hardships occurring between January 2007 and January 2010, design review and use permits for commercial and industrial projects expiring between January 1, 2007, and January 1, 2010, shall receive an automatic two (2) year extension effective on January 1, 2010. No further extension of these permits will be allowed.

(c)    Additionally, any design review and use permits for residential projects expiring between January 1, 2008, and January 1, 2010, shall receive an automatic two (2) year extension effective on January 1, 2010. No further extension of these permits may be allowed.

(Ord. 1156-03 C-M, eff. May 22, 2003, as amended by § 1, Ord. 1259-10 (CM), eff. July 10, 2010)

Part 13: Revocation of Permit

14-10.1300 Duties of the Zoning Administrator.

If the Zoning Administrator or hearing body determines, based on inspection by City staff, that there are reasonable grounds for revocation of a development permit pursuant to this title, he or she shall set a hearing before the original hearing body, or if the decision was made by the Zoning Administrator, to the body to which appeal may be taken under this title. If the City Council was the original hearing body, it may refer the proposed revocation to the Planning Commission for its report and recommendation prior to such hearing.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1301 Notice and public hearing.

Notice shall be given in the same manner provided in Part 9 of this chapter. The public hearing shall be conducted in accordance with the procedures established in Part 10 of this chapter.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1302 Required findings.

The hearing body shall revoke the development permit upon making one or more of the following findings:

(a)    That the development permit was issued on the basis of erroneous or misleading information or by concealment or misrepresentation by or on behalf of the applicant; and/or

(b)    That the terms or conditions of approval of the permit relating to establishment or operation of the use approved have either been violated or not met, or that other laws or regulations of the City, County, State, Federal or regional agencies applicable to the development have been violated.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1303 Notice of decision.

Notice of the hearing body’s decision shall be made pursuant to Section 14-10.602 for the Planning Commission and Section 14-10.701 for the City Council.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1304 Appeals of revocation.

A decision to revoke a development permit shall become final fourteen (14) business days after the date of notice of the decision was given, unless appealed. After the effective date, all activities pursuant to the permit are deemed in violation of this title. Appeal of the decision to revoke the permit shall be to the City Council and conform to the procedures established in Part 11 of this chapter.

There shall be no further administrative appeal where the Council has revoked a development permit. Whenever any application for a development permit is revoked, an application for a development permit for all or a part of the same property shall not be considered for a period of one (1) year from the date of revocation unless the subsequent application involves a proposal that is materially different from the previously revoked proposal.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1305 Modifications of terms or conditions.

The Zoning Administrator, or Planning Commission, is hereby authorized to review, upon request, the terms or conditions imposed upon the granting of Conditional Use Permits when changed conditions occur or a new situation prevails or when the completion of final development plans evidences the need for such modification. However, any such requested modification which involves a significant increase in the size or nature of a proposed use, as determined by the Zoning Administrator, shall be referred to the Commission.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1306 Right cumulative.

The City’s right to revoke a development permit, as provided in this chapter, is cumulative to any other remedy allowed by law.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 14: Fees

14-10.1400 Fee schedule.

The City Council shall establish from time to time by resolution a schedule of fees for processing of all development applications under this title. All resolutions are incorporated by reference into this title as though fully set forth.

(Ord. 1156-03 C-M, eff. May 22, 2003)

14-10.1401 Payment of fee.

Except as otherwise established by formal policy adopted by the Council, every application for a development permit under this title shall be accompanied by a fee as set by resolution of the Council. Any fee required by this title shall be collected and deposited with the Community Development Department. Refund of fees may be made less the staff and administrative costs incurred to date by the City. No refund shall be made where the development permit has been noticed for hearing.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Part 15: Rounding of Quantities

14-10.1500 Rounding of quantities.

All fractions of whole numbers are to be rounded to the nearest highest whole number when the fraction is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5, except as otherwise provided in the development code.

(Ord. 1156-03 C-M, eff. May 22, 2003)