ORDINANCE NO. 20__ -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AMENDING TITLE 12, CHAPTER 12-35, ARTICLE 5, SECTION 12-35.501 OF THE SANTA MARIA MUNICIPAL CODE, REPLACING
RECONSIDERATION OF DISCRETIONARY PERMITS WITH PERMIT EXPIRATION AND TIME EXTENSIONS AND ADDING A NEW SECTION 12-35.504 REGARDING
PERMIT REVOCATION
WHEREAS, the City’s Zoning Ordinance classifies and regulates the uses of land, buildings and structures within the City in accordance with the City’s General Plan; and
WHEREAS, the provisions of the City’s Zoning Ordinance are necessary to ensure orderly and beneficial development of the City; and
WHEREAS, the City wishes to replace Section 12 -35.501 entitled “Reconsideration of Discretionary Permits” with a more efficient and streamlined process establishing permit expirations and time extensions; and
WHEREAS, the City wishes to add Section 12-35.504, setting forth a revised procedure for the revocation of discretionary permits; and
WHEREAS, the proposed Amendments are consistent with the City of Santa Maria General Plan; and
WHEREAS, on November 1, 2023, the Planning Commission conducted a noticed public hearing and voted to continue the item to a future public hearing with direction to staff to conduct a study session with the Planning Commission prior to the next hearing; and
WHEREAS, on December 7, 2023, the Planning Commission conducted a study session on the proposed amendments; and
WHEREAS, on January 17, 2024, the Planning Commission conducted a noticed public hearing and voted to recommend that the City Council adopt the subject Amendments; and
WHEREAS, on March 5 , 202 4, the City Council conducted a noticed public hearing.
NOW, THEREFORE, IT IS HEREBY ORDAINED by the City Council of the City of Santa Maria, State of California, as follows:
SECTION 1. Section 12-35.501, of Article 5, of Chapter 12 -35 of Title 12 of the Santa Maria Municipal Code entitled “Reconsideration of Discretionary Permits,” is hereby amended to read as follows:
2 “Section 12-35.501. Permit Expiration and Time Extensions. (a) Period of Validity. The period of validity for a Conditional Use Permit or a Planned Development Permit shall begin on the permit’s effective date as set forth in Section 12 -
35.109. The period of validity shall run pursuant to subsection (c) of this section. The expiration date of a discretionary permit issued in conjunction with a tentative subdivision map shall correspond with the expiration of that map, including any extensions.
(b) Establishment. A conditional use permit or planned development permit shall be deemed established if the following actions occur within three years of the effective date of the approval or within such other time period designated by the approval:
(1) In the case of a conditional use permit or planned development permit where ministerial permits are required, such permits have been issued. (2) In the case of a conditional use permit or planned development permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a business license is required, such business license has been issued.
(c) Expiration. A conditional use permit or planned development permit shall expire and be of no further force or effect if:
(1) The permit is not established within three years of the permit’s effective date or such other time period designated by the permit approval, by state law or by this code; or
(2) After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of six months.
(d) Time Extensions.
(1) Upon application before expiration of the period of validity, the original decision- making body may grant an extension to the period of validity for up to two years if it finds that there has been adequate due diligence to implement and complete the permit, or that there are significant economic factors that justify additional time. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision-making body.
(2) Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time the extension is granted.”
3 SECTION 2. A new Section 12-35.504 is hereby added to Article 5, of Chapter 12-35 of Title 12 of the Santa Maria Municipal Code entitled “ Permit Revocation, ” to read as follows:
“Section 12-35.504. Permit Revocation.
(a) Grounds for Revocation. Any conditional use permit or planned development permit may be revoked by the decision-making body that originally took action on the permit pursuant to the provisions of this section on any of the following grounds:
(1) Such approval was based on inaccurate or misleading information. (2) One or more of the conditions upon which such approval was granted or extended have been violated.
(3) The permit included a specific timeline that has not been complied wi th, or provided for phasing that has not occurred within the time provided for such phasing.
(4) The permit involves a conditional use that has been abandoned.
(b) Procedure. Prior to any action on revocation, the decision-making body shall hold a public hearing noticed and held in accordance with Section 12 -35.104, except that the permittee shall be given not less than thirty days’ notice. The notice shall state the causes for which the revocation is to be considered.
(c) Action of Decision-Making Body. Following the hearing, the decision-making body may revoke the permit or revoke the permit subject to reinstatement upon compliance with the conditions of the original permit and any other additional conditions of approval necessary to preserve the public health, safety or welfare. (d) Amortization. If a revocation of any permit is ordered, the decision-making body may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on a later application to the decision-making body by any affected person. (e) Appeal. Any action by the decision making body pursuant to this section ma y be appealed as set forth in Section 12-35.401.”
SECTION 3. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City’s environmental procedures, and has been found not to be a project subject to CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment (CEQA Guideline Section 15378(b)(5)).
SECTION 4. If any part or provision of this chapter, or the application thereof to any person o r circumstance, is held invalid, the remainder of the chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this ordinance are severable.
4 SECTION 5. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief D eputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
SECTION 6. This Ordinance shall be in full force and effect thirty (30) days after its passage. Within fifteen days following its passage, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in accordance with State Law; or when deemed necessary due to the length or complexity of the Ordinance, cause a summary of the Ordinance to be prepared and publish ed at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted. If a summary is published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted, then within 15 days after adoption of the Ordinance the City Clerk shall publish a summary of the Ordinance with the names of those City Council Members voting for and against the Ordinance and shall post a certified copy of the full text of such adopted Ordinance along with the names of those City Council Members voting for and against the Ordinance.
INTRODUCED at a regular meeting of the City Council held on the 5th day of March 2024, and PASSED AND ADOPTED at a regular meeting held on the _____ day of ______ 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Chief Deputy City Clerk
Mayor
5 APPROVED AS TO FORM:
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City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
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Interim City Manager