Chapter 17.14
GENERAL APPLICATION PROCESSING PROCEDURES
Sections:
17.14.010 Application Submittal
17.14.020 Determination Of Completion
17.14.010 Application Submittal:
All applications for land use and development permits and actions pertaining to this title shall be submitted to the planning and building department on a city application form, together with all fees, plans, maps, and any other information required by the planning and building department. Every application for a land use or development permit shall include a completed application form designated for the particular request, applicant signature(s), agent authorization as appropriate, and processing feels) established by city council resolution. Additionally, each application requires the submittal of particular maps, plans, and other data about the project development, project site and vicinity deemed necessary by the planning director to provide the approving authorities with adequate information with which to base decisions. Each permit application form lists the necessary submittal materials for that particular type of permit. (Ord. 473 §3, 2007)
17.14.020 Determination Of Completion:
A. Application Completeness: Within thirty (30) days of application submittal, the planning director shall determine whether or not the application is complete. The applicant shall be notified in writing of the determination either that:
1. All the submittal requirements have been satisfied and that the application has been accepted as complete; or
2. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements. The applicant may appeal the determination in accordance with section 17.14.060, "Appeals", of this chapter and the permit streamlining act (California Government Code section 65943).
B. Incomplete Application: If additional information or submittals are required and the application is not made complete within six (6) months of the completeness determination letter, the application shall be deemed by the city to have been withdrawn, and no action will be taken on the application. Unexpended fees and deposits, as determined by the planning director, will be returned to the applicant. Prior to expiration of a six (6) month period of initial application, the planning director may grant an extension not to exceed six (6) months total. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials must then be filed in compliance with this chapter. (Ord. 473 §3, 2007)
17.14.030 Application Review:
After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California environmental quality act (CEQA). Planning staff will consult with other departments as appropriate to ensure compliance with all provisions of this code and other adopted policies and plans. Planning staff will prepare a report to the designated approving authority (planning director, planning commission andlor city council) describing the project, along with a recommendation to approve, conditionally approve, or deny the application. (Ord. 473 §3, 2007)
17.14.040 Public Notices:
A. Public Hearing Required: The following procedures shall govern the notice and public hearing, where required, for consideration of a permit. In accordance with planning and zoning law, the subdivision map act, and the California environmental quality act, public hearings shall be required for all quasi-judicial permits and legislative actions of the city (variance, conditional use permit, planning commission design review, specific plans, special planning areas, zoning amendments, and general plan amendments). The hearing(s) shall be held before the designated approving authority as identified in this title.
B. Notice Of Hearing: Pursuant to California Government Code section 65091, not less than ten (10) days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, a general explanation of the matter to be considered, and a general description of the real property (text or diagram), if any, which is the subject of the hearing.
1. Notice of the public hearing shall be published in at least one newspaper of general circulation in the city.
2. Notice of the public hearing shall be posted on the project site, in a location clearly visible from public viewing areas surrounding the property.
3. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of five hundred feet (500') of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor’s records. Exceptions to this mailing requirement are as follows:
a. The president or chairperson of any neighborhood association or community group registered with, or recognized by, the city as a neighborhood association which have boundaries that overlap any of the noticing radius defined above shall also receive a notice of all public hearings.
b. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner’s authorized agent, and to each local agency expected to provide water, sewers, streets, roads, schools, or other essential facilities or services to the proposed project.
C. Notice Of Determination For Administrative Permits: For administrative permit applications decided by the planning director (zoning clearance/plan check, minor deviations, administrative design review of projects involving second floor additions), public notice shall be mailed to the applicant and property owners of sites directly abutting the subject parcel(s) no less than seven (7) days prior to the scheduled date of determination. The notice shall identify the subject parcel, describe the request, and identify the date of planning director’s determination. The notice shall also identify the opportunity to provide input prior to the determination and the right to appeal the determination in accordance with this title. The planning director shall create a written record of action to approve, conditionally approve, or deny the administrative permit application. This record of action shall be mailed to the applicant within three (3) business days from the date of action.
D. Requests For Notification: Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the city clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.
E. Failure To Receive Notice: Failure of any person or entity to receive notice required by law of any hearing as required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.
F. Hearing Procedure: Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The designated approving authority shall conduct the public hearing and hear testimony. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued. If the hearing is not continued to a specific date/time, then the hearing shall be renoticed. (Ord. 473 §3, 2007)
17.14.050 Approving Authority:
The approving authority, as designated in table 17.14-1 of this section, shall approve, conditionally approve, or deny the proposed land use or development permit in accordance with the requirements of this title. Table 17.14-1 of this section identifies both recommending (R) and final (F) authorities for each permit. When a proposed project requires more than one permit with more than one approving authority, all project permits shall be processed concurrently and final action shall be taken by the highest level designated approving authority for all such requested permits. In acting on a permit, the approving authority shall make the applicable findings as established in chapter 17.16, "Permit Requirements", of this title and as may be required by other laws and regulations. An action of the approving authority may be appealed pursuant to procedures set forth in section 17.14.060 "Appeals", of this chapter.
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Type Of Permit Or Decision |
Designated Approval Authority1 |
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|---|---|---|---|
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"R" symbolizes the "recommending body" |
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"F" symbolizes the "final decision making body" |
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|
Planning Director |
Planning Commission |
City Council |
|
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Zoning code interpretation |
F |
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Zoning clearance/plan check |
F |
||
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Sign and fence permits2 |
F |
||
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Administrative design review2 |
F |
||
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Minor deviation |
F |
||
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Variance |
R |
F |
|
|
Temporary use permit |
R |
F |
|
|
Minor use permit |
R |
F |
|
|
Conditional use permit |
R |
F |
|
|
Design review2 |
R |
F |
|
|
Lot line adjustment |
R |
F |
|
|
Tentative parcel map, minor subdivision |
R |
F |
|
|
Tentative subdivision map |
R |
R |
F |
|
Planned development |
R |
R |
F |
|
Specific plan |
R |
R |
F |
|
Zoning amendment (text and map) |
R |
R |
F |
|
General plan amendment |
R |
R |
F |
|
Prezoning |
R |
R |
F |
|
Development agreement |
R |
R |
F |
|
Annexations/sphere of influence updates |
R |
R |
F |
|
Lot mergers |
R |
R |
F |
Notes:
1. All listed actions are subject to appeal pursuant to section 17.14.060 of this chapter.
2. See section 17.16.070, table 17.16-1 of this title for a specific listing of applicable projects subject to design review approval and the corresponding approving authority (planning director or planning commission).
(Ord. 473 §3, 2007)
17.14.060 Appeals:
A. Purpose: This section identifies the procedures for filing and processing an appeal consistent with California Government Code section 65904. Where the appeal provisions of this section conflict with other provisions of this code, the appeal provisions of this section shall apply with regard to planning and zoning matters.
B. Appeal Applicability And Authority: Any person dissatisfied with an interpretation or action of the planning director or planning commission made pursuant to this division, may appeal such action to the designated appeal authority listed in table 17.14-2 of this section, within ten (10) days from the date of the action. Actions by the city council are not subject to appeal.
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Approving Authority For Action Being Appealed |
Appeal Authority |
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|---|---|---|
|
Planning Commission |
City Council |
|
|
Planning director |
X |
|
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Planning commission |
X |
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C. Filing An Appeal: All appeals shall be submitted in writing, identifying the action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within ten (10) days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by city council resolution, and submitted to the city clerk. The filing of an appeal shall stay the issuance of subsequent permit(s) (e.g., building permits).
D. Notice And Schedule Of Appeal Hearings: Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within forty five (45) days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of section 17.14.040, "Public Notices", of this chapter.
E. Appeal Hearing And Action: Each appeal shall be considered de novo (new) and the appeal authority may reverse, modify or affirm the decision in whole or in part. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may modify, delete, or add such conditions as it deems necessary. The appeal authority may also refer the matter back to the original approving authority for further action. The action of the appeal authority is final on the date of decision and may not be further appealed. (Ord. 473 §3, 2007)