Division 2. Review Procedures
Chapter 17.20
GENERAL REVIEW PROCEDURES
Sections:
17.20.020 Notification procedures.
17.20.040 Development applications.
17.20.050 Time limitations for application acceptance.
17.20.060 Denial of incomplete applications.
17.20.070 Time limits for rendering land use decisions.
17.20.080 Decisions by the Review Authority.
17.20.090 Effective date of land use decisions.
17.20.100 Modifications to land use approvals.
17.20.120 Time limits and extensions for conditional land use decisions.
17.20.010 Review procedures.
(A) Land use applications will be reviewed and approved pursuant to the following procedures:
(1) Public Hearing by the City Council or Planning Commission. At a public hearing by the City Council or Planning Commission when required by law. The Review Authority shall invite public testimony, review evidence, and render a decision; or
(2) Administrative Review by the Director. Administrative Review by the Director applies to applications where land use decisions are made based upon standards that have been adopted by the City as law or policy or ministerial review required by State statute. The Review Authority may render a land use decision without giving notice to surrounding property owners and other parties. Review procedures for each application type are specified in PMC Chapter 17.21 (Site Plan Review) through PMC Chapter 17.27 (Comprehensive Development Plans).
(B) For all hearings conducted by the City pursuant to these review procedures, the City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing unless otherwise noted.
(C) Owner-occupied and rental multifamily residential development that have 20 percent of the units reserved for lower-income households shall be allowed by right.
(D) Review Authority and the procedures for each approval type are summarized in Table 17.20.010-1 (Review Authority).
|
Type of Action |
Code Chapter/Section |
Director |
Planning Commission |
City Council |
|---|---|---|---|---|
|
Administrative Approvals |
|
Decision |
Appeal |
Appeal |
|
Subdivision Development Plan Review |
|
|
|
|
|
Zoning Clearance Review |
|
|
|
|
|
Minor Modifications to Approved Plans |
|
|
|
|
|
Minor Use Permit |
|
|
|
|
|
Home Occupation Clearance |
|
|
|
|
|
Additional Animals Clearance |
|
|
|
|
|
Requests for Reasonable Accommodations |
|
|
|
|
|
Minor Site Plan Review |
|
|
|
|
|
Special Event Permit |
|
|
|
|
|
Temporary Use Permit |
|
|
|
|
|
Conditional Use Permit |
17.22 |
Recommend |
Decision |
Appeal |
|
Density Bonus Agreements |
Recommend |
N/A |
Decision |
|
|
Determination on Unlisted Uses |
Decision |
Appeal |
Appeal |
|
|
Development Agreements |
Recommend |
Recommend |
Decision |
|
|
General Plan Amendments |
Recommend |
Recommend |
Decision |
|
|
Minor Exceptions |
17.23 |
Decision |
Appeal |
Appeal |
|
Planned Development |
Recommend |
Recommend |
Decision |
|
|
Site Plan Review |
17.21 |
Decision |
Appeal |
Appeal |
|
Specific Plan |
Recommend |
Recommend |
Decision |
|
|
Time Limits and Extensions for Conditional Land Use Decisions |
Decision |
Appeal |
Appeal |
|
|
Variances |
17.23 |
Recommend |
Decision |
Appeal |
|
Zoning Map Changes |
Recommend |
Recommend |
Decision |
|
|
Zoning Ordinance Amendments |
Recommend |
Recommend |
Decision |
(Ord. 1613 § 4 (Exh. I), 2023; Ord. 1603 § 4 (Exh. I), 2023)
17.20.020 Notification procedures.
(A) Public Notice Sign of Submitted Application.
(1) Requirement for a Public Notice Sign. The Director may require that at the time an application requiring a public hearing has been filed and deemed complete, a public notice sign or signs be posted at the project site. The purpose of the sign notice requirement is to notify the community and the residents in the affected area of the proposed project. At a minimum, the sign shall be installed on the subject property a minimum of 10 days prior to the day of the public hearing, and shall state the application file number, a description of the proposed use (including square footage), the area of the project site, the current zoning, the proposed zoning if applicable, and any other pertinent information needed to clearly convey the nature of the proposed project.
(2) For projects with a street frontage of 500 linear feet or more, the Director may determine that more than one sign is necessary, e.g., one sign per street frontage if the project is located on a corner site. In determining the boundaries of an expanded notification area, the following criteria shall be used:
(a) The expanded area may be directly affected by the proposed project due to proposed or established circulation, drainage patterns, view, grading, or other environmental or infrastructural conditions; or
(b) The expanded area is an integral part of the affected neighborhood or subdivision.
(3) Sign Criteria and Maintenance. The following rules and standards apply to required public notice signs:
(a) Sign Size and Specifications. All public notice sign(s) shall be four feet by eight feet in size and be constructed to the specifications of Figure 17.20.020-1 (Installation Requirements for Public Notice Signs). The specific project information text on the sign shall be provided by the Department.
(b) Location and Installation Standards. All public notice sign(s) shall be installed pursuant to the specifications of Figure 17.20.020-1 (Installation Requirements for Public Notice Signs). The public notice sign shall not be installed within public right-of-way. The location for the sign(s) on the project site shall be determined by the Director.
(c) Sign Removal and Maintenance. All public notice sign(s) shall be adequately maintained and remain in place until the final decision on the application has been made or the application has been withdrawn. All sign(s) shall be removed by the applicant within 14 days of the final decision or date of withdrawal. Failure to remove the sign within the prescribed period may result in removal and forfeiture of the sign to the City, with the cost of removal and storage to be paid by the applicant.
(B) Notice of Land Use Decisions.
(1) General Provisions.
(a) Notice shall be given by first class mail or delivery to all surrounding property owners and occupants for land use decisions using the public hearing procedures as described in this Section.
(b) Notice shall be given by first class mail or via email to any person who has filed a written request for the notice.
Figure 17.20.020-1. Installation Requirements for Public Notice Signs
(c) When the notification procedures for applications as specified in this Section allow decisions with limited notice, notice shall be given by first class mail or delivery to all contiguous property owners.
(d) Notice shall be given in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative, pursuant to State law.
(e) Notice may be given in the manner as required by State law or deemed necessary or desirable by the Department. The notice shall include information about the proposal, project site, hearing, environmental review process, and proposed findings pursuant to the California Environmental Quality Act (CEQA) Guidelines. Surrounding property, for the purposes of this Section, shall be defined as those properties that fall within a radius drawn from the nearest limits of the property that is the subject of the land use application, as follows:
(i) If the subject property is 25 acres or less in size, all properties within a 500-foot radius shall be notified;
(ii) If the subject property is 26 acres or greater in size, all properties within a 700-foot radius shall be notified; and
(iii) The Director may expand the surrounding property notice requirement if deemed necessary to include all properties potentially affected by the application.
(f) A one-eighth page display advertisement in a newspaper of general circulation within the City or a posting on the City’s webpage may be substituted for notice provided to individual property owners, whenever the individual notice would require notification of 1,000 or more property owners.
(2) Public Hearing Notification. At least 10 days before a public hearing on a land use decision, the Director shall provide notice of the time and place of the public hearing on the project to be given in the following manner:
(a) Notice shall be published once in a newspaper of general circulation within the City if the newspaper has been legally adjudicated for this purpose.
(b) Notice shall be posted at least 10 days prior to the public hearing in at least three public places.
(c) The public notice sign(s) required pursuant to Subsection (A) of this Section shall indicate the public hearing date and shall be installed pursuant to Figure 17.20.020-1 (Installation Requirements for Public Notice Signs) upon the subject parcel a minimum of 10 days prior to the hearing.
(d) Additional public notification beyond the boundaries specified in Subsection (B)(1)(f) of this Section may be required for a project as determined by the Director in any one of the following circumstances:
(i) The proposed project is an infill project which requires a General Plan amendment;
(ii) The project is a proposed infill project which requires an Environment Impact Report (EIR); or
(iii) As determined to be necessary and desirable by the Director based on the nature of the proposed project.
(e) If it is determined upon initial submittal that supplemental notification is necessary, the applicant shall be notified within 30 days, as part of the City’s notice of complete application, of the expanded notification area, and shall be required to submit two sets of self-adhesive address labels based on equalized Los Angeles County Assessor’s rolls compiled within the subsequent six months for the expanded area. The application shall not be deemed complete until the labels have been submitted. (Ord. 1603 § 4 (Exh. I), 2023)
17.20.030 Pre-application.
(A) The Department may request that an applicant submit materials for, and attend, an optional pre-application meeting with the Development Advisory Board (DAB) to review the project proposal prior to submitting an application. The purpose of this pre-application is to:
(1) Acquaint the City with the intentions of the applicant;
(2) Acquaint the applicant with any applicable policies and procedures applicable to the project;
(3) Identify City codes and improvement standards applicable to the proposal;
(4) Identify any potential problems as early in the process as possible, especially on large and complex projects; and
(5) Identify any significant development opportunities and/or constraints on the site.
(B) The submittal of a pre-application and Development Advisory Board meeting shall include an exchange of information concerning the entire area intended by the applicant to be developed, even if the project is intended to proceed in stages/phases, regardless of whether applications for review of the entire project area are made at the time of the initial application.
(C) Submittal of a pre-application shall be made to the Department, and shall be accompanied by the appropriate fee as adopted by City Council resolution. The applicant shall submit project plans and/or other applicable materials, showing proposed land use types, areas, and locations. The conceptual project plan and/or materials shall include sufficient information about the proposal to allow evaluation of the project issues identified in this Section.
(D) The pre-application shall address, but not be limited to, the following subject matter:
(1) Subject site, size location, dimensions, and area; any existing improvements or projects on site; existing General Plan and zoning designations;
(2) Proposed uses for the parcel; type and placement of buildings, and other improvements;
(3) Existing and proposed land uses and projects on adjacent parcels; any identified natural or manmade hazards on site or the surrounding area;
(4) Proposed circulation improvements include but are not limited to access points and vehicular accessways, parking, loading, traffic calming measures, and pedestrian circulation; location, width, and existing and proposed improvements on adjacent roadways;
(5) Type, location, and sizes of public improvements likely to be required to support the proposal, including utilities, sewer, water, and drainage, along with a plan for providing and maintaining improvements;
(6) Location, amount, type, and method of maintenance for proposed open space and landscaped areas; and
(7) Estimated impacts on public services, including schools, parks, fire and police protection, and solid waste disposal. (Ord. 1603 § 4 (Exh. I), 2023)
17.20.040 Development applications.
(A) Scope. Applications for all land use decisions shall be made at the Department on forms available from the Department. Each application for a land use decision shall be accompanied by the information and materials deemed necessary by the Department to render the requested land use decision. All applications shall comply with all applicable procedures of this Section and be consistent with the following:
(1) Any application made pursuant to the provisions of this Title may be initiated by the City Council, or by any person who has a legal interest in the property which is the subject of the application unless otherwise indicated in this Title;
(2) All land use decisions that are subject to CEQA, pursuant to Public Resources Code Section 21000 et seq., shall be reviewed by the Department;
(3) When more than one land use decision is required for a single project, each applicable application type shall be filed concurrently, unless otherwise approved by the Director; and
(4) The Department shall prepare application forms and a list of required submittal materials for each application. The applications include an attached document called the Plan Preparation Guidelines which outline necessary information for the preparation of plans and supporting documents. Any application for a land use decision that does not meet the requirements set forth in the applicable guidelines may be deemed incomplete or not accepted for filing.
(B) Application Fees and Deposits. Concurrent with the submittal of an application for development, all applicable fees and/or deposits shall be paid, in the amount determined by City Council resolution, to cover the cost incurred in the processing of each individual application(s). (Ord. 1603 § 4 (Exh. I), 2023)
17.20.050 Time limitations for application acceptance.
The following time limits are established for accepting land use applications as complete, unless otherwise required or authorized by applicable law:
(A) After the City has received an application for a project, the City shall determine, in writing, whether submitted application materials are complete and timely filed within the time frames established by State law or City policy, and shall immediately transmit the determination to the applicant.
(B) Upon receipt of any resubmittal of the application, a new review period shall begin during which the City shall determine the completeness of the application within the time frames established by State law or City policy.
(C) The Director and the applicant may mutually agree to a reasonable extension of these time limits, as allowed by State law. (Ord. 1603 § 4 (Exh. I), 2023)
17.20.060 Denial of incomplete applications.
An application which has been deemed incomplete, and no further action to complete the application has been taken by the applicant for a period of 12 months from the date of the last incomplete letter, will be deemed automatically withdrawn and a new application shall be required. (Ord. 1603 § 4 (Exh. I), 2023)
17.20.070 Time limits for rendering land use decisions.
The following time limits are established for rendering land use decisions, unless otherwise required or authorized by applicable law:
(A) Except for legislative acts of the City Council, the City shall render its decision on a land use application within the following time limits unless otherwise required or authorized by applicable law:
(1) If a negative declaration is prepared, or if the project is exempt pursuant to the Public Resources Code, the project shall be approved or denied within the time limits set forth by California Government Code Section 65950, as amended from time to time, except as provided in Subsection (A)(3) of this Section.
(2) If an environmental impact report (EIR) is prepared, the project shall be approved or denied within the time limits set forth by California Government Code Section 65950, as amended from time to time, except as provided in Subsection (A)(3) of this Section.
(3) Should compelling circumstances justify additional time to complete the environmental review process, an extension of time may be granted by the Department, if the applicant requests or consents to the extension, subject to the applicable provisions of State law and the City’s adopted CEQA Guidelines.
(4) The Review Authority shall approve, conditionally approve, extend, or deny a tentative map within the legal time limits established by the Subdivision Map Act. These time limits or any other time limits for reporting and acting on maps as specified in PMC Title 16 (Subdivisions) or any other applicable adopted ordinance, policy, or code may be extended by mutual consent of the applicant and the Department. Upon consent of the applicant, a waiver of any of these time limits may be obtained for the purpose of allowing concurrent processing of related land use applications, or an environmental review on the same project or subdivision.
(B) When a land use application decision is contingent upon the approval of another application which requires legislative action which include, but are not limited to a General Plan amendment or zone change, the time limits specified by this Section shall commence on the effective date of the last legislative action on which that land use application is contingent. (Ord. 1603 § 4 (Exh. I), 2023)
17.20.080 Decisions by the Review Authority.
(A) The Review Authority may refer a request for a land use decision to the Review Authority designated as the appeal body for that type of land use application, e.g., the Director may refer a decision on site plan review to the Planning Commission. In these cases, a statement containing the reasons for referring the land use decisions shall be prepared by the referring Review Authority.
(B) Prior to rendering a land use decision, the Review Authority shall address each of the required findings or criteria that apply to each individual application type as described in this Title. Evidence or testimony shall be given to substantiate the Review Authority’s determination on each of the findings applicable to the case being considered, and shall be specifically cited in the action taken by the Review Authority.
(C) From time to time, development actions may be continued. Where the continuance is requested by the applicant, the City may require payment of fees as specified by City Council resolution, to reimburse costs reasonably borne for the continuance of the public hearing.
(D) The Review Authority may take an action of denial without prejudice on a land use application. This action shall allow the applicant to reapply for the same approval with a modified application immediately upon the effective date of the decision unless otherwise specified in this Title.
(E) In approving an application for a land use decision, the Review Authority may establish reasonable conditions for its approval that are found to be necessary to protect the public health, safety, and general welfare. (Ord. 1603 § 4 (Exh. I), 2023)
17.20.090 Effective date of land use decisions.
(A) Ordinances approving land use decisions shall become effective 30 days after adoption of the ordinance, unless otherwise specified within the ordinance.
(B) Land use decisions made at a public hearing shall be effective on the eleventh day after the decision date, except when the tenth such day is not a City business day. In this circumstance, the land use decision shall become effective on the second consecutive City business day following the tenth day.
(C) Land use decisions made by administrative action shall become effective on the eleventh day after the date of the written notice of the land use decision, except when the tenth such day is not a City business day. In this instance, the land use decision shall become effective on the second consecutive City business day following the tenth day.
(D) Notwithstanding the provisions of this Section, land use decisions which are made contingent upon approval of a legislative action including, but not limited to, a General Plan amendment or zone change, shall become effective on the date when the approval of the last application to which they are subject becomes effective. (Ord. 1603 § 4 (Exh. I), 2023)
17.20.100 Modifications to land use approvals.
(A) Minor modifications to the approved site plan or the conditions of approval for a project may be approved by the Director through an application for a minor modification, pursuant to PMC § 17.26.040 (Minor modifications to approved plans).
(B) If the Director determines that the modification(s) may have significant impacts on the project site or surrounding properties, the Director may require submittal of an application and approval of a major modification to the original project approval, in which case, the review procedures for the requested modification(s) shall be the same as when the project was originally reviewed. (Ord. 1603 § 4 (Exh. I), 2023)
17.20.110 Appeal procedures.
(A) Prior to its effective date, any land use decision made pursuant to the provisions of this Title by a Review Authority other than the City Council, may be appealed by the applicant, a member of the City Council, or any other person as follows:
(1) The Planning Commission shall consider appeals regarding land use decisions made by the Director.
(2) The City Council shall consider appeals regarding land use decisions made by the Planning Commission, except as specified above.
(B) Applications for an appeal of a land use decision, including an appeal filed by a member of the City Council, shall be made upon forms supplied by the Department. All such applications for appeals shall be submitted to the Department and shall be accompanied by a written statement of the grounds upon which the appeal is based. All applicable application fees, as established by City Council resolution, shall be paid at the time the appeal is filed.
(C) An appeal of a land use decision shall be filed prior to the date on which the land use decision becomes effective, as specified in PMC § 17.20.090 (Effective date of land use decisions). A properly filed application for appeal stays proceedings in the matter appealed until a decision is rendered on the appeal.
(D) Within 30 days of the acceptance of an application for an appeal of a land use decision (except as otherwise provided in the Subdivision Map Act), the Director shall establish a hearing date and shall give notice of the date, time and place of the hearing for an appeal of a land use decision (except where otherwise provided in the Subdivision Map Act) to the appellant, the applicant, and to any other party who has requested in writing to be so notified within the time frame as established by State law or City policy. In addition, notice shall also be given in the same manner as notice was given for the land use decision being appealed pursuant to PMC § 17.20.020 (Notification procedures).
(E) Any member of the City Council who appeals a land use decision made pursuant to the provisions of this Title to the City Council shall abstain from participating as a member of the City Council in the appeal hearing and decision, but may provide written or oral testimony on the matter to the City Council in the same manner as, and in the time provided for, members of the general public.
(F) Upon hearing the appeal, the appeal body shall consider the record and the additional evidence as may be offered and may affirm, reverse, or modify, in whole or in part, the order, requirements, decision, determination, interpretation or ruling being appealed, or may make or substitute the other or additional decision or determination as it may find warranted pursuant to the provisions of this Title, or other applicable adopted City ordinance, resolution, or standards. The appeal body is subject to all of the criteria and findings requirements imposed upon the original Review Authority, including the requirements for environmental review. The appeal body shall forthwith transmit a copy of the decision to the applicant, appellant and, in the case of a City Council decision, to the original Review Authority. (Ord. 1603 § 4 (Exh. I), 2023)
17.20.120 Time limits and extensions for conditional land use decisions.
Any conditional land use decision made pursuant to the provisions of this Title shall be subject to the following time limitations:
(A) Unless all conditions have been complied with and the occupancy, use, or division of land authorized by the land use decision has been inaugurated or been recorded within the time specified for each land use application type within this Title, the land use decision shall become null and void. For the purposes of this Section, the term “inaugurated” shall mean that applicable grading and/or building permits have been issued, and construction is initiated and ongoing.
(B) Where circumstances warrant, the Review Authority may grant an extension of time. The length of the extension shall be determined by the Review Authority based on the limitation specified in this Division, but in no case shall a conditional land use decision be extended for a total approval period exceeding five years unless otherwise provided by State law. The Review Authority of an application for an extension of time of a previously approved project shall be the Director. However, the Director may refer the time extension request back to the original Review Authority. The Review Authority is authorized to update any existing conditions of approval or add new conditions of approval as needed so that the conditional land use approval will ensure the public health, safety, and welfare. All requests for a time extension shall be submitted prior to the expiration date within the time frames established by State law or City policy, shall be diligently pursued by the applicant pursuant to PMC § 17.20.060 (Denial of incomplete applications) and shall be reviewed by the City pursuant to PMC § 17.20.050 (Time limitations for application acceptance).
(C) Public projects shall not be subject to a time limitation unless specific time limits are included within conditions placed upon project approval. When time limits are placed within the conditional approval of a public project, extensions of time may be granted whenever warranted, provided no single action is taken to grant an extension greater than 24 months. (Ord. 1603 § 4 (Exh. I), 2023)
17.20.130 Final clearance.
(A) No building, structure, or land shall be used or occupied, and no change in the existing occupancy classification or existing use of a building, structure, land, or portion thereof, shall be made unless a zoning clearance application pursuant to PMC § 17.26.030 (Zoning clearance review) is first obtained from the Department, in addition to other required approvals, inspections, and certificates.
(B) New Buildings. Final clearance from the Department shall be granted only after the new buildings, enlargement, or alteration have been completed in conformity with the provisions of this Title and with any approved architectural or civil plans and required conditions, and when the proposed use conforms to this Title and any other applicable adopted City codes, resolutions, ordinances, or standards.
(C) Existing Buildings and Undeveloped Land. Except as provided in PMC Chapter 17.28 (Nonconforming Uses, Structures and Parcels), final clearance from the Department shall be granted for the re-use of an existing building or the use of undeveloped land only after the improvements to the building or land conform to the property development standards of this Title and other applicable City ordinances, resolutions, codes, or standards. The standards may include the provision of required walls, landscaping, parking, trash enclosures, street improvements, and all other improvements determined by the Review Authority to be necessary or required by any regulating authority for the particular use. (Ord. 1603 § 4 (Exh. I), 2023)