FOR THE COUNCIL MEETING OF MARCH 5, 2024
COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Interim Assistant City Manager / Director of Community Development Chuen Wu
SUBJECT: ZONING TEXT AMENDMENTS FOR TIME EXTENSIONS AND PERMIT REVOCATIONS, TITLE 12 OF THE CITY OF SANTA MARIA MUNICIPAL CODE.
Description:
The City Council will consider approving Zoning Text Amendments (Z2024 -0001) to amend Chapter 12 -35, Article 5, Section 12 -35.501, "Reconsideration of Discretionary Permits,” and add a new Section 12-35.504, “Permit Revocation,” to Title 12 – Zoning, of the City of Santa Maria Municipal Code.
Environmental Notice: The item is e xempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15378(b)(5).
RECOMMENDATION:
Introduce an Ordinance for the first reading and continue to a future meeting for the second reading and adoption, amendments to Chapter 12 -35, Article 5, Section 12 -
35.501, “Reconsideration of Discretionary Permits, ” and addition of a new Section 12 -
35.504, “Permit Revocation,” to Title 12 – Zoning of the City of Santa Maria Municipal Code.
BACKGROUND:
The proposed text Amendments include revisions to Title 12, Chapter 12 -35 addressing the Reconsideration of Discretionary permits to clarify the time limits for approved permits, the process for obtaining a time extension for approved permits, and permit revocation.
Planning Commission Review
The Planning Commission reviewed the proposed text amendments at the November 1, 2023, public hearing. The Planning Commission continued the item to a future hearing date and requested that the item be reviewed at a study session prior to the next hearing.
A study session was held on December 7, 2023, where staff clarified the Commissioner’s questions. On January 17, 2024, the Planning Commission reviewed the item at a noticed public hearing and recommended approval of the amendments to the City Council.
2 DISCUSSION:
The proposed amendments to Chapter 12 -35, Section 12 -35.501 (Reconsideration of Discretionary Permits) will provide a more efficient and streamlined process to establish expiration dates and time extensions for Planned Development Permits and Conditional Use Permits. The amended Section, “Permit Expiration and Time Extensions”, clarifies that expiration dates of Planned Development Permits and Conditional Use Permits would be three years from the permit’s effective date. Additional language has been added t o clarify when these permits would be deemed established, and the process for filing for a time extension. Regarding time extensions, the original decision -maker on the project may grant an extension of up to two years if it finds that there has been adequ ate due diligence to implement and complete the permit, or that there are significant economic factors that justify additional time. There would be no limit to the number of time extensions that may be approved provided that the required findings are made, compared to the existing language that only allows for two extensions of two years each, for a maximum of seven years on the life of a planning permit.
A new section, 12-35.504 “Permit Revocation ,” is proposed to be added to specify the grounds for revocation of a Planned Development Permit or Conditional Use Permit.
Permits may be revoked if such approval was based on the following: 1) inaccurate or misleading information; 2) one or more of the conditions upon which such approval was granted or exte nded have been violated; 3) the permit included a specific timeline that has not been complied with or phasing that has not occurred within the time provided, or 4) the permit involved a conditional use that has been abandoned. A public hearing is required by the decision -maker of the permit before any action on revocation. If the revocation of any permit is ordered, the decision-making body may provide a reasonable period of time to amortize any lawful existing uses on the site. The action regarding revocation may be appealed as set forth in Section 12-35.401 of Title 12.
Alternative(s)
As an alternative to approving the recommended zoning text amendments, the City Council could reject the Planning Commission’s recommendations and not move forward with the recommended amendments. In that case, the existing ordinance language would remain in effect.
Environmental Review
The Amendments to Chapter 12 -35, Article 5, Section 12 -35.501 and the addition of Section 12-35.504 have been reviewed for compliance with CEQA, 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 enviro nment (CEQA Guideline Section 15378(b)(5)).
Fiscal Considerations
The property owner/applicant will be responsible for paying the application fee for a time extension, which is currently $2,090 for administrative time extensions, and $6,900 for time extensions that are subject to Planning Commission and City Council review. The 3 remaining text amendments regarding permit revocation establish processes within the Code and would not result in additional fees.
Impact to the Community
The proposed amendments will provide an efficient and streamlined process to establish expiration dates and time extensions for Planned Development Permits and Conditional Use Permits. The amendments will also provide updated regulations and processes for when a permit may be revoked.
ATTACHMENTS
A: Planning Commission Resolution