Chapter 18.14
GENERAL APPLICATION PROCESSING
Sections:
18.14.020 Application and fee.
18.14.030 Determination of completeness.
18.14.040 Application review and report.
18.14.050 Public hearing and public notice.
18.14.060 Approving authority.
18.14.090 Permit time limits and extensions.
18.14.130 Reimbursement for specific plans and other entitlements.
18.14.010 Purpose.
The purpose of this chapter is to establish standard procedures necessary for the clear and consistent processing of land use and planning permits and entitlements. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.14.020 Application and fee.
A. Application. Applications pertaining to this title shall be submitted in writing to the planning director on a completed city application form designated for the particular request. Every application shall include the signatures of the applicant and property owner, agent authorization as appropriate, and any fee prescribed by city council resolution to cover the cost of investigation and processing. Applications shall be submitted together with all plans, maps, and data about the proposed project development or land use entitlements requested, project site, and vicinity deemed necessary by the planning director to provide the approving authority with adequate information on which to base decisions. Each permit application checklist lists the minimum necessary submittal materials for that particular type of permit.
B. Fee. The city council shall set, by resolution, and may amend and revise from time to time, the fees for processing the various applications authorized or required by this code. All required fees shall be paid at the time an application is filed and no processing shall commence until the fee is paid in full.
C. Deposit and Funding Agreement.
1. Deposit Requirement. In addition to application fees, the city shall require a deposit to cover processing costs incurred by the city in connection with the review of development applications and related infrastructure requirements, for applications that propose projects greater than thirty thousand square feet in gross floor area or ten acres in gross parcel area.
2. Initial Deposit. The city manager, planning director or their designee shall determine the deposit to be required during the city’s initial review of a development application pursuant to this chapter. The deposit shall be fifteen percent of the city’s total estimated costs to process a project, which may include, but is not limited to, environmental analysis, preparation and review of a fiscal impact study, engineering for infrastructure requirements, legal agreements, and all other reports, studies or agreements necessary for the city to process the application. The city manager or planning director may reduce the deposit to seven and one-half percent of the total estimated processing costs of the project if the applicant provides a guaranty to be personally responsible for all processing costs incurred by the city during the city’s review of the development application. If a deposit is required, the application shall not be deemed complete until the applicant provides the deposit, in cash or check, to the city.
3. Funding Agreement. The city shall require applicants to execute a funding agreement setting forth the applicant’s financial responsibilities in connection with the city’s review of the development application. The funding agreement shall be in a form acceptable to the city attorney.
4. Administration. The city will provide monthly invoices of the city’s processing costs to be reimbursed by the applicant. Invoices shall reflect the actual costs incurred by the city in processing the application. The applicant must pay each monthly invoice within thirty days from the date the city provides the invoice to the applicant. If the applicant fails to pay any invoice within thirty days, the city may utilize the deposit to pay for all costs incurred by the city related to the project, and the city may cease all processing of the application. If the applicant does not pay any invoice within fifty days from the date the city mails or transmits the invoice to the applicant, the city may deem the entire application withdrawn.
5. City Control. Applicant shall not condition the deposit or funding agreement on the selection of any particular consultant, engineer or other service to be provided in the city’s review of the development application. City shall retain exclusive control over all consultants, legal counsel and service providers to be funded pursuant to this section.
6. Additional Deposit. If the applicant cures any default of this section or the funding agreement prior to the city terminating the agreement or withdrawing the application, the city may require the applicant to increase the deposit by up to one hundred percent of the initial deposit amount. In addition, if applicant proposes changes to a development application, the city may request a revised cost estimate and, if the revised processing costs have significantly increased, the city may require an additional deposit.
7. Refund. The applicant may request a refund of the deposit balance at any time. The city shall return unused portions of the deposit within forty-five days of the refund request. If public hearings are scheduled, any unused portion of the deposit shall be returned within forty-five days after the city’s review of the development application is complete or within forty-five days of the final public hearing.
8. Existing Entitlements. At the discretion of the city manager or planning director, a deposit may be required for modifications to existing entitlements if the proposed modification will directly or indirectly affect more than thirty thousand square feet in gross floor area or ten acres of gross parcel area under the existing entitlements. The determination of the affected gross floor area or gross parcel area shall rest solely with the city manager or his designee.
9. Waiver. The city council, by resolution, may waive or modify the deposit and funding requirement, as such requirements apply to a specific project or applicant.
D. Processing Costs. Where a deposit or funding agreement is required pursuant to this section, processing costs shall include all fees and costs actually incurred by the city related to processing the application, including but not limited to consultant services, third-party engineering services, attorney fees and legal services, mailing and noticing costs, and filing fees. (Ord. 749, 2014; Ord. 748, 2014; Ord. 738 § 1 (Exh. A) (part), 2013).
18.14.030 Determination of completeness.
A. Application Completeness. Within thirty days of application submittal, the planning director shall determine whether or not the application is complete. The planning director shall notify the applicant of the determination that either:
1. All the submittal requirements have been satisfied and 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.
B. Application Completeness Without Notification. If the written determination is not made within thirty days after receipt, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter.
C. Resubmittal. Upon receipt and resubmittal of any incomplete application, a new thirty-day period shall begin during which the planning director shall determine the completeness of the application.
D. Incomplete Application. If additional information or submittals are required and the application is not made complete within one year, or some greater period as determined by the planning director, of the completeness determination letter, the application may be deemed by the city to have been withdrawn and no action will be taken on the application. Unexpended fees, as determined by the planning director, will be returned to the applicant. 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 division.
E. Right to Appeal. The applicant may appeal the determination in accordance with Section 18.14.070 (Appeals) and the Permit Streamlining Act (California Government Code Section 65943). (Ord. 738 § 1 (Exh. A) (part), 2013).
18.14.040 Application review and report.
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). The planning director will consult with other departments and committees as appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans. The planning director will prepare a report to the designated approving authority describing the project, and his or her recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.14.050 Public hearing and public notice.
A. Public Hearing Required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural and site plan review, alteration permit, planned development, master plan, specific plan, zoning code and map amendment, prezoning, development agreement, and general plan amendment considered by the planning commission or city council.
B. Notice of Hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than ten 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, and provide a general description of the matter to be considered and the real property which is the subject of the hearing.
1. Notice of public hearing shall be published in at least one newspaper of general circulation in the city.
2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of three hundred feet 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. The radius may be increased as determined to be necessary and desirable by the planning director based on the nature of the proposed project. If the number of owners exceeds one thousand, the city may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth page in one newspaper of general circulation within the city.
3. 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, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project.
4. Notice of the public hearing shall be posted on the project site along the project perimeter fronting on all improved public streets, unless determined not feasible by the planning director.
5. Notice of the public hearing shall be posted at City Hall.
6. Notice of the public hearing shall be mailed to any person who has filed a written request for notice.
7. In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.
C. Notice of Planning Director Determination. Certain administrative permits and entitlements decided by the planning director require a notice to neighboring property owners, including administrative use review, minor adjustment, and minor design review. Notice of the filing of an application for these applications shall be mailed to persons owning property within three hundred feet of the project site. The notice shall include all of the following information and specify that the application will be decided by the city unless a written request for appeal is received on or before a date specified in the notice which shall be ten days after the date of mailing:
1. A brief statement explaining the criteria and standards considered relevant to the decision.
2. A statement of the standards and facts relied upon in rendering the decision.
3. Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth.
4. An explanation of appeal rights and appeal deadlines.
D. Requests for Notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the planning department. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.
E. Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing 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 approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.14.060 Approving authority.
A. Designated Approving Authority. The approving authority as designated in Table 18.14.060-1 (Approving Authority for Land Use Entitlements) shall approve, conditionally approve, or deny the proposed land use or development permit or entitlement in accordance with the requirements of this title. Table 18.14.060-1 identifies recommending (R) and final (F) authorities for each permit or entitlement. In acting on a permit, the approving authority shall make all required findings. An action of the approving authority may be appealed pursuant to procedures set forth in Section 18.14.070 (Appeals).
|
Type of Entitlement, Permit, or Decision |
Planning Director |
Planning Commission |
City Council |
|---|---|---|---|
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Zoning Clearance |
F |
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Official Code Interpretation |
F |
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Similar Use Determination |
F |
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Administrative Use Review |
F |
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|
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Home Occupation Use Permit |
F |
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|
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Temporary Use Permit |
F |
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|
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Sign Permit |
F |
|
|
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Master Sign Plan |
F |
|
|
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Temporary Sign Permit |
F |
|
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Minor Adjustment |
F |
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Minor Design Review |
F |
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Williamson Act Contract |
F |
|
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Conditional Use Permit |
R |
F |
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Variance |
R |
F |
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Architectural and Site Plan Review |
R |
F |
|
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Alteration Permit |
R |
F |
|
|
Planned Development |
R |
R |
F |
|
Master Plan |
R |
R |
F |
|
Specific Plan |
R |
R |
F |
|
Zoning Ordinance and Map Amendment |
R |
R |
F |
|
Prezoning |
R |
R |
F |
|
Development Agreement |
R |
R |
F |
|
General Plan Amendment |
R |
R |
F |
B. Multiple Entitlements. 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. Projects that require legislative approvals (e.g., zoning code and map amendment, general plan amendment) may go to the city council as stand-alone items with the associated quasi-judicial approvals stopping at the planning commission.
C. Referral to the Planning Commission. At any point in the application review process, the planning director may transfer decision-making authority to the planning commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the planning commission shall be considered as a noticed public hearing. A referral to another decision-maker is not an appeal and requires no appeal application or fee. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.14.070 Appeals.
A. Appeal Authority. Any interested person may appeal certain actions of the planning director or planning commission made pursuant to this division to the designated appeal authority listed in Table 18.14.070-1 (Appeal Authority) within ten days from the date of the action. Actions by the city council are final and no further administrative appeals are available.
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Appeal Authority |
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|---|---|---|
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Approval Authority for Action Being Appealed |
Planning Commission |
City Council |
|
Planning Director |
X |
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Planning Commission |
|
X |
B. Filing an Appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within ten business 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.
C. Stay Pending Appeal. Timely filing of a written appeal shall automatically stay all actions and put in abeyance all approvals or permits which may have been granted, and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action appeal until the appeal has been resolved.
D. Appeal Hearing Schedule.
1. Unless otherwise agreed to by the applicant, an appeal for consideration by the planning commission shall be scheduled for a public hearing by the planning department at its earliest regular meeting, consistent with agenda preparation procedures, schedules for planning commission meetings, and notice requirements, if applicable.
2. Unless otherwise agreed to by the applicant, an appeal for consideration by the city council shall be scheduled for a public hearing by the city clerk at its earliest regular meeting, consistent with agenda preparation procedures, schedules for city council meetings, and notice requirements, if applicable.
E. Notice of Appeal Hearings. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 18.14.050 (Public hearing and public notice).
F. Appeal Hearing and Action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. The action of the appeal authority is final on the date of decision and, unless expressly provided by this chapter, may not be further appealed. Copies of the decision shall be mailed to the appellant and to the appealed deciding body. The decision of the city council shall be final. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.14.080 Effective date.
Generally, the action to approve, conditionally approve, or deny a permit or entitlement authorized by this title shall be effective on the eleventh day after the date of action, immediately following expiration of the ten-day appeal period. Legislative actions by the city council involving adoption by ordinance (e.g., zoning code and map amendment, specific plan) become effective thirty days from the date of final action and may not be appealed. Permit(s) shall not be issued until the effective date of required permit. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.14.090 Permit time limits and extensions.
A. Time Limits. Unless a condition of approval or other provision of this title establishes a different time limit, any permit not exercised within two years of approval shall expire and become void, except where an extension of time is approved pursuant to this section.
B. Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work as determined by the planning director and the building official and incurred substantial liabilities in good faith reliance upon such permit(s). A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitute exercise of the permit. Unless otherwise provided, permits that have not been exercised prior to a zoning amendment which would make the permitted use or structure nonconforming shall automatically be deemed invalid on the effective date of the zoning amendment.
C. Permit Extensions. The approval of an extension extends the expiration date for two years from the original permit date. After this initial permit extension, a final one-year extension of time may be granted pursuant to the same process as set forth in this section.
1. Process. The same approving authority that granted the original permit may extend the period within which the exercise of a permit must occur. Notice and/or public hearing shall be provided in the same manner as for the original permit. An application for extension shall be filed not less than thirty days prior to the expiration date of the permit, along with appropriate fees and application submittal materials.
2. Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.
3. Permit Extension Findings. The extension may be granted only when the designated approving authority finds that the original permit findings can still be made and there are no changed circumstances or there has been diligent pursuit to exercise the permit that warrants such extension.
4. Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit expires.
D. Permit Expiration for a Closed Business. All permits and entitlements shall expire when a business is closed for more than one calendar year. Approval of new permits and entitlements based on current requirements shall be required prior to any business activity on the site. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.14.100 Modification.
Any person holding a permit granted under this title may request a modification or amendment to that permit. For the purpose of this section, the modification of a permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit.
If the planning director determines that a proposed project action is not in substantial conformance with the original approval, the planning director shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same approving authority as the original permit. A permit modification may be granted only when the approving authority makes all findings required for the original approval. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.14.110 Revocation.
This section provides procedures for the revocation of previously approved land use entitlements or permits.
A. Consideration. The approving authority for the original entitlement or permit shall consider the revocation of same entitlement or permit.
B. Noticed Public Hearing. The decision to revoke an entitlement or permit granted pursuant to the provisions of this title shall be considered at a noticed public hearing. Public notice shall be provided and public hearing conducted pursuant to Section 18.14.050 (Public hearing and public notice).
C. Findings. A decision to revoke an entitlement or permit may be made if any one of the following findings can be made:
1. Circumstances under which the entitlement or permit was granted have been changed to a degree that one or more of the findings contained in the original entitlement or permit can no longer be met.
2. The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing, for the entitlement or permit.
3. One or more of the conditions of the entitlement or permit have not been substantially fulfilled or have been violated.
4. The use or structure for which the entitlement or permit was granted has ceased to exist or has lost its legal nonconforming use status.
5. The improvement authorized in compliance with the entitlement or permit is in violation of any code, law, ordinance, regulation, or statute.
6. The improvement or use allowed by the entitlement or permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.14.120 Reapplications.
An application shall not be accepted or acted upon if within the past twelve months the city has denied an application for substantially the same project on substantially the same real property, unless the planning director finds one or more of the following circumstances to exist:
A. New Evidence. There is new evidence that would support approving the project that was not presented at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.
B. Substantial and Permanent Change of Circumstances. There has been a substantial and material change of circumstances since the previous hearing that affects the applicant’s real property.
C. Mistake at Previous Hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.14.130 Reimbursement for specific plans and other entitlements.
A. Fees for Processing Entitlements. The city council may adopt a resolution authorizing pro rata fees to be imposed on properties within an adopted specific plan, master plan or planned development. Fees adopted pursuant to this section shall be collected for the purpose of reimbursing landowners, developers or the city for the actual costs incurred by such party or parties to prepare, process and entitle a specific plan, master plan or planned development.
B. Reimbursement by Property Owners. Where the cost of preparing a specific plan, master plan or planned development is funded by less than one hundred percent of the property owners covered by the plan, the funders of the plan may be entitled to pro rata reimbursement of the costs of preparing such plan from all other property owners seeking to develop within the plan area. The city shall require all landowners and developers seeking reimbursement to submit (1) verified invoices that describe the reimbursable processing activities and actual costs incurred, and (2) verified checks or other valid proof of payment for work actually performed in connection with such plans. The city council may adopt a reimbursement fee pursuant to this section either concurrently with or subsequent to the adoption of a specific plan, master plan or planned development.
C. Reimbursable Processing Activities. For purposes of this section, reimbursement fees shall be limited to the following: (1) city attorney fees and costs that are directly related to the specific plan or master development plan, and (2) consultant or engineering costs approved by the city and related to the following: environmental review under the California Environmental Quality Act (Cal. Pub. Res. Code § 21000 et seq., “CEQA”), the processing of tentative subdivision maps under the Subdivision Map Act (Cal. Gov. Code § 66410 et seq.) and the processing of technical reports, studies, plans or maps in connection with a specific plan, master plan or planned development, so long as the tentative maps, reports or other plans cover the entire plan area.
D. Nonreimbursable Processing Activities. Reimbursable costs shall not include (1) attorney fees and costs of the developer or property owner’s attorney and counsel, (2) consultant fees for a development project that are not directly incurred for the purpose of performing environmental review under CEQA or for filing tentative maps under the Subdivision Map Act, and (3) any fees or expenses related to market studies. Costs related to tentative parcel maps, final subdivision maps and final parcel maps shall not be reimbursable.
E. Reimbursement Resolution. The resolution establishing reimbursement fees pursuant to this chapter shall contain the following:
1. A description of the costs and bases under which fees are established, and the total amount of the reimbursement fee;
2. A description of the specific parcels of land which benefit from the entitlements, and to which the reimbursement fees are proposed to be assessed;
3. A statement indicating the amount of the total fee allocated against each parcel of property and the method of allocation, including any exemptions or credits; and
4. A description of the manner in which the fee will be collected (i.e., as a condition to issuing building permits for properties within the benefited plan area).
F. Recordation. The reimbursement resolution shall be recorded on each property subject to the payment of fees established pursuant to this section.
G. Payment. The reimbursement resolution shall include the method of paying fees established pursuant to this section. Payment may be required in connection with tentative map, annexation, general or specific plan amendment, use permit, building permit, or any other land use approval which implements, utilizes, or amends the specific plan for the property upon which the fee has been assessed. (Ord. 773, 2015).