Existing Code Section Revisions
Existing Code Section Revisions
Section 9.05.045 of the Cathedral City Municipal Code is amended to read as follows:
Section 9.05.045. Setting of public hearing before the planning commission.
Upon completion of the staff report required by Section 9.050.040 of this chapter, a public hearing shall be held by the planning commission in order to consider the proposed development agreement and the director's staff report. The city planner shall give notice of the public hearing and the planning commission's intention to consider at the hearing recommending adoption of a proposed development agreement to the city council. Such notice shall be provided in accordance with chapter 9.09 of this titleSection 9.05.050 of this chapterchapter.
Section 9.05.050 of the Cathedral City Municipal Code is amended to read as follows:
9.05.050. Contents and manner of providing notice of public hearing.
Except as provided in Section 9.05.095 of this chapter, notice of any public hearing required by this chapter shall be provided in accordance with chapter 9.09 of this title.include the following contents and shall be given in the following manner:
A. Contents of Notice. The notice shall contain:
1. The date, time and place of the public hearing;
2. The identity of the hearing body or officer;
3. A general explanation of the matter to be considered, including a general explanation of the development agreement and a general description of the property proposed to be developed;
4. Other information the city planner deems necessary or desirable.
B. Manner of Providing Notice.
1. Mailing or delivering the notice at least ten days prior to the hearing to the owner of the property that is the subject of the development agreement or to the owner's duly authorized agent and to the project applicant.
2. Mailing or delivering the notice at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the property that is the subject of the development agreement, whose ability to provide those facilities and services may be significantly affected by the development proposed in the agreement.
3. Mailing or delivering the notice at least ten days prior to the hearing to all owners of real property as shown on the last equalized assessment roll within three hundred feet of the property that is the subject of the development agreement. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) of this subsection (B) is greater than one thousand, the city planner, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing.
4. Posting the notice at least ten days prior to the hearing in at least three public places within the city, including one public place in the area of the property that is the subject of the development agreement.
5. Mailing the notice at least ten days prior to the hearing to any person who has filed a written request therefor with the city planner or city clerk.
6. Publication of the notice at least ten days prior to the hearing and at least once in a newspaper of general circulation published and circulated in the city.
Section 9.05.065 of the Cathedral City Municipal Code is amended to read as follows:
9.05.065. Hearing before the city council—Review criteria.
A. After the recommendation of the planning commission or after the expiration of the time period specified in Section 9.50.060 of this chapter for planning commission consideration, the city planner shall give notice of a public hearing before the city council to consider the proposed development agreement. The notice shall be provided in the manner set forth in chapter 9.09 of this titleSection 9.05.050 of this chapter. After it completes the public hearing and considers the recommendation, if any, of the planning commission, the city council may approve, disapprove or approve with amendments the proposed development agreement. The city council may, but need not, refer the matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission shall hold a public hearing in accordance with this chapter on any matters referred back to it by the city council.
B. The development agreement may not be approved unless the city council finds that the development agreement:
1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
2. Is compatible with the uses authorized in the zone in which the real property is located;
3. Is in conformity with the public necessity, public convenience, general welfare and good land use practices;
4. Will not be detrimental to health, safety and the general welfare;
5. Will not adversely affect the orderly development of the property;
6. Will have a positive fiscal impact on the city; and
7. Contains the mandatory terms and conditions set forth in Section
9.05.100 of this chapter.
Section 9.05.085 of the Cathedral City Municipal Code is amended to read as follows:
Section 9.05.085 Periodic review
A. Pursuant to Section 65865.1 of the Government Code, the city council shall hold a public hearing to review the development agreement at least every twelve months from the date the development agreement is entered into. The purpose of this periodic review is to determine whether the applicant or authorized successor in interest thereto has complied in good faith with the terms or conditions of the development agreement.
B. The city planner shall give notice of the public hearing in the manner specified in chapter 9.09 of this titleSection 9.05.050 of this chapter.
C. The applicant or any authorized successor in interest thereto shall demonstrate at the hearing good faith compliance with the terms of the development agreement.
D. If, as a result of such periodic review, the city council finds and determines, on the basis of substantial evidence, that the applicant or authorized successor in interest thereto has not complied in good faith with the terms or conditions of the development agreement, the city council may commence proceedings to enforce, modify or terminate the development agreement pursuant to Section 9.05.095 of this chapter.
Section 9.05.095 of the Cathedral City Municipal Code is amended to read as follows:
Section 9.05.095 Modification or termination procedures A. If upon a finding under subsection (D) of Section 9.05.085 or 9.05.090 of this chapter, the city council determines to proceed with modification, suspension or termination of the development agreement, the city council shall hold a public hearing and give notice of such hearing pursuant to chapter 9.09 of this title.in the following manner
1. Contents of Notice. The notice shall contain:
a. The date, time and place of the public hearing;
b. The identity of the hearing body or officer;
c. A general explanation of the matter to be considered, including a statement as to whether the city council proposes to enforce, modify, suspend or terminate the development agreement;
d. Any proposed modification to the development agreement; e. Other information the city council deems necessary or desirable.
2. Manner of Providing Notice.
a. Mailing or delivering the notice at least ten days prior to the hearing to the owner of the property that is the subject of the development agreement or to the owner's duly authorized agent, as to the project applicant.
b. Mailing or delivering the notice at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the property that is the subject of the development agreement, whose ability to provide those facilities and services may be significantly affected by the development proposed in the agreement.
c. Mailing or delivering the notice at least ten days prior to the hearing to all owners of real property as shown on the last equalized assessment roll within three hundred feet of the property that is the subject of the development agreement. If the number of owners to whom notice would be mailed or delivered pursuant to subsection (B)(1) is greater than one thousand, the director, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing.
d. Posting the notice at least ten days prior to the hearing in at least three public places within the city, including one public place in the area of the property that is the subject of the development agreement. e. Mailing the notice at least ten days prior to the hearing to any person who has filed a written request therefor with the city planner or city clerk. f. Publication of the notice at least ten days prior to the hearing and at least once in a newspaper of general circulation published and circulated in the city.
B. At the time set for the hearing, the city council may take such action, as it deems necessary to protect the interests of the city. Any action to terminate, modify or suspend the development agreement shall be by ordinance and shall be based upon findings, supported by substantial evidence.
Section 9.52.090 of the Cathedral City Municipal Code is amended to read as follows:
9.52.090. Amendment.
This chapter may be amended only after the following steps have been taken:
A. Conservancy/Land-Holding Trust — Public Hearing. The Cathedral City mountain conservancy or the Cathedral City land-holding trust shall hold at least one public hearing before any amendment is made to this chapter.
Notice of the public hearing shall be provided in accordance with chapter
9.09 of this titletime and place of the public hearing shall be published at least ten calendar days before the hearing in a newspaper of general circulation published and circulated within the city. In addition, notice shall be mailed to residents in accordance with Section 9.52.040(C)(1)(a) of this chapter.
B. Conservancy/Land-Holding Trust — Action. The approval by the conservancy or land- holding trust of an amendment to this chapter shall be by resolution carried by the affirmative vote of not less than a majority of its total voting members. Upon approval by the conservancy or land- holding trust, the amendment to this chapter shall be transmitted to the planning commission.
C. Planning Commission — Public Hearing. The planning commission shall hold at least one public hearing before any amendment is made to this chapter. Notice of the public hearing shall be in accordance with chapter 9.09 of this titletime and place of the public hearing shall be published at least ten calendar days before the hearing in a newspaper of general circulation published and circulated within the city. In addition, notice shall be mailed to residents in accordance with the provisions of Section 9.52.040(C)(1)(a) of this chapter.
D. Planning Commission — Action. The approval by the planning commission of an amendment made to this chapter shall be by resolution of the commission carried by the affirmative vote of not less than a majority of its total voting members. Upon approval by the planning commission, the amendment to this chapter shall be transmitted to the city council.
E. City Council — Public Hearing. Before adopting the amendment to this chapter, the city council shall hold at least one public hearing. Notice of the public hearing shall be in accordance with chapter 9.09 of this titletime and place of the hearing shall be published at least ten calendar days before the hearing in a newspaper of general circulation published and circulated within the city. In addition, notice shall be mailed to residents in accordance with the provisions of Section 9.52.040(C)(1)(a) of this chapter.
F. City Council — Action. No amendment to this chapter shall pass unless carried by the affirmative vote of four-fifths of the city council.
Section 9.72.070 of the Cathedral City Municipal Code is amended to read as follows:
9.72.070. Planning commission and city council public hearings—Procedure.
A. Notice of public hearing shall be provided in accordance with chapter 9.09 of this titlecontain the time and place of the hearing and the location and proposed use of the subject property.
B. Notice of public hearing, in accordance with the provisions of Government Code Sections 65090 and 65091, shall be given by U.S. mail, postage prepaid, to owners of real property located within three hundred feet of the exterior boundaries of the parcel of property to be considered, as shown by the last equalized assessment roll and on any updates issued by the county assessor.
C. Notice shall be mailed pursuant to subsection A of this section, postage prepaid, not less than ten days before the hearing date.
D. Notice shall be posted on the exterior of City Hall in a place that is accessible to the public during nonworking hours.
E. Public Hearing—Procedure.
1. 1. At the time and place so fixed and noticed, the public hearing shall be conducted before the planning commission. The
commission may establish its own rules for the conduct of public hearings and the member of the commission presiding at such hearings is empowered to administer oaths to any person testifying.
2. 2. The commission may for any reason, when it deems such action necessary or desirable, continue such hearing to a time and place certain.
3. 3. A summary of all pertinent testimony offered at the public hearing, the names and addresses of persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the files of the case.
Section 9.72.080 of the Cathedral City Municipal Code is amended to read as follows:
9.72.080. Appeal process.
A. Any person aggrieved or affected by the final determination of the planning commission concerning an application for a conditional use permit including any conditional requirement imposed on the project may appeal the decision within ten calendar days from the planning commission's decision by filing the city's appeal application with the planning department and paying the established fee as set forth by the city council.
B. The city planner or designee shall schedule a public hearing and provide notice in accordance with chapter 9.09 of this titlesubject to the requirements of Section 9.72.070 of this chapter.
C. The city planner or designee shall transmit to the city council a written report, copies of the application, and copies of all other papers constituting the record upon which the commission's decision was taken, including, but not limited to, the minutes of all hearings thereon and shall submit to the council a written report, prepared from the record upon which the final determination was made, stating the factual and legal basis on which the commission found and determined that the application met or failed to meet the criteria and requirements provided in this chapter for granting a conditional use permit.
D. The council may affirm, reverse or modify, in whole or in part, any final determination, condition or requirement of the commission which is appealed from or ordered to be reviewed by the council. After reviewing the record of the commission's proceedings relating to the decision, condition or requirement appealed from or ordered to be reviewed by the council, including, but not limited to, the application, minutes of hearings, notice of appeal and the commission's report, the council may affirm without further action the determination, requirement or condition appealed from or ordered to be reviewed.
E. On the date a notice of appeal is filed under this chapter, or on the date the council orders a review of the commission's determination, condition or requirement, all proceedings in furtherance of the determination, condition or requirement appealed from or ordered to be reviewed by the council, including the effective date of the permit in question, shall be stayed until the final determination by the council of the appeal or council-initiated review.
Section 9.72.13 of the Cathedral City Municipal Code is amended to read as follows:
9.72.130. Revocation.
A. The planning commission and/or the city council, on their own motion may, initiate a revocation and shall hold a hearing to make a recommendation to the city council upon the question of the revocation of a conditional use permit granted under, or pursuant to, the provisions of this chapter. The city council shall be the final acting body for all revocation proceedings.
B. Revocations shall be a public hearing and notice of such hearing shall be provided in accordance chapter 9.09 of this title.with Government Code Section 65091, as follows:
1. Mailed or delivered in person at least ten days prior to the hearing to the owner of the subject real property and to the project applicant.
2. Mailed or delivered at least ten days prior to the hearing to each affected local agency whose ability to provide service may be significantly impacted.
3. Mailed or delivered at least ten days prior to all owners of real property within three hundred feet of the real property subject to the hearing.
4. The hearing shall be posted on site in accordance with Section
9.72.080(E) of this chapter.
C. A conditional use permit, whether granted automatically for a nonconforming prior use, or pursuant to a hearing, may be revoked if the commission and council find:
1. That the use is detrimental to the public health or safety or is a nuisance.
2. That the conditional use permit was obtained by misrepresentation or nonstatement of facts.
3. That the use for which the permit was granted is not being exercised.
4. That the use for which the permit was granted has ceased; or been suspended for one year or more.
5. That the condition of the improvements, if any, on a property for which a nonconforming conditional use permit is operative is such, that they can be used or altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.
6. That the applicant has failed to comply with the development approval and/or conditions of approval.
Section 9.74.070 of the Cathedral City Municipal Code is amended to read as follows:
9.74.070 Public hearing-Date-Notice
A. Upon the filing of any such application and the payment of the required fee, the secretary of the planning commission shall set a date for one public hearing thereon before said commission. Notice of the public hearing shall be provided in accordance with chapter 9.09 of this title. The date of said hearing shall be not less than ten days from the date of filing such application, nor more than forty-five days from the date of filing such application.
B. Notice of public hearing shall contain the time and place of the hearing and the location and proposed use of the subject property.
C. Notice shall be published at least once in a newspaper of general circulation in the city or shall be posted in at least three public places in the city, not less than ten days before the hearing date.
D. Notice shall be mailed, postage prepaid, not less than ten days before the hearing date to owners of property within a radius of three hundred feet of the exterior boundaries of the subject property, pursuant to Section 65854 of the Government Code, together with any other notice required by that section.
Section 9.74.110 of the Cathedral City Municipal Code is amended to read as follows:
9.74.110 Council action.
Upon receipt of a recommendation for approval, together with the commission's report and reasons relative thereto, the council shall within not less than ten nor more than thirty days of said receipt conduct a public hearing, with notice as provided in accordance with chapter 9.09 of this titleSection 9.74.070(C). After the council has conducted said hearing with notice thereof as provided above, the council shall either:
A. Confirm the recommendation of the commission and effect such change or amendment by ordinance; or
B. If the council does not agree with all or any part of the commission's recommendations, refer the matter back to the commission for a report on the parts in question. Upon receiving the report of the commission, the council may, by ordinance, effect any change or amendment even though the commission does not concur.
Section 9.74.130 of the Cathedral City Municipal Code is amended to read as follows:
9.74.130 Denial-Appeal
A. If the commission denies or does not make a determination within the time limit specified, the applicant may, within ten days from the date the notification of denial was mailed to said applicant or upon termination of the time limit, appeal to the council by written notice of appeal filed with the city clerk. Said appeal shall be filed in duplicate and shall set forth specifically wherein the commission's findings were in error and wherein the public necessity, convenience, welfare, or good zoning practice required such change or amendment.
B. Upon receipt of such appeal, the city clerk shall immediately notify the secretary of the commission, and the commission shall make a report to the council disclosing in what respect it failed to find that the public necessity, convenience, general welfare, or good zoning practice required the change or amendment involved. The council may grant any appealed application, but before making, any change in or deviation from the recommendation of the commission, the council shall conduct a public hearing thereon with notice as provided in accordance with chapter 9.09 of this titleSection 9.74.070(C) and shall first refer to the planning commission for report and recommendation any change or amendment not previously considered by the commission during its hearing.
C. The procedure of the council - in effecting a change or amendment initiated by commission or council order, rather than by application of property owners, which has been disapproved by the commission, shall be the same as that set forth for the granting of an appealed application.
Section 9.74.200 of the Cathedral City Municipal Code is amended to read as follows:
9.74.200 Public Hearing-Commission-Notice
A. The hearing date shall be set by the secretary of the planning commission for not less than ten, nor more than forty-five days after the initiating motion by the commission or council.
B. Notice of the public hearing shall be provided in accordance with chapter 9.09 of this title. The notice of time, place and purpose of the hearing shall be published once in a newspaper of general circulation in the city, or shall be posted in at least three public places in the city, not less than ten days prior to the date of hearing. The title of such notice shall consist of words "NOTICE OF PROPOSED AMENDMENT TO ZONING ORDINANCE" in larger type than that used for the balance of the notice.
Section 9.74.220 of the Cathedral City Municipal Code is amended to read as follows:
9.74.220 Public Hearing-Council-Date and Notice
A. The council hearing date shall be set by the city clerk for not more than thirty days after the filing of the commission's recommendation.
B. Notice shall be given as provided in chapter 9.09 of this titleSection 9.74.200(B).
Section 9.76.040 of the Cathedral City Municipal Code is amended to read as follows:
9.76.040. Procedure
A. Applications. Applications for variances shall be made to the planning commission in writing on forms provided by the city for this purpose and shall set forth in detail such information as may be required and as may relate to the findings specified in Section 9.76.030. Notwithstanding any other provision of this chapter, a uniform fee, as established by the city council, shall be paid upon the filing of each application for a variance.
The city planner shall cause to be made an investigation of facts bearing on the application that will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of the ordinance codified herein and shall make these facts part of the case record. No application shall be regarded as having been filed until the fee referred to above has been deposited with the city.
B. Advertised Public Meeting Hearing on Variance Application. Upon receipt of an application for variance, the city planner shall, after any necessary environmental review, set the time and place for an advertised public meeting hearing thereon. Public notice shall be provided in accordance with chapter 9.09 of this title. Notification shall be mailed no less than ten calendar days before the date of any advertised public meeting. A notice of an advertised public meeting containing the name of the applicant, nature of request, location of property and time and place of meeting, shall be sent through the United States mail to all property owners within three hundred feet of the exterior boundaries of the area described in the application, so stated to be the subject of the meeting.
Notices shall be sent to those owners of property as shown by the last equalized assessment roll and on any updates issued by the county assessor.
Section 9.78.060 of the Cathedral City Municipal Code is amended to read as follows:
9.78.060 Planning Commission Action
A. Any item not expressly mentioned in Sections 9.78.040 and
9.78.050 shall be acted on by the planning commission which shall consider the recommendations of staff, the architectural review committee, and all applicable municipal codes.
B. The findings of staff and the architectural review committee shall be forwarded to the planning commission in the form of a written report.
C. The planning commission shall have full authority to take final action on projects and can add, modify, or delete any condition of approval recommended by staff or the architectural review committee.
D. These projects are subject to the Cathedral City public hearing notice requirements contained in chapter 9.09 of this titleprocess and public hearing requirements of California Government Code Section 65090.
E. The planning commission's action is final unless appealed to the city council subject to Section 2.04.100 of this code.