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Part 5. Administration

Chapter 18.75
GENERAL PROVISIONS

Sections:

18.75.010    General.

18.75.020    Approval authority.

18.75.030    Completeness of application.

18.75.040    Environmental review.

18.75.050    Fees and deposits.

18.75.060    City indemnification.

18.75.010 General.

This Part 5, Administration, sets forth the general administrative authority and procedures for decision making of this zoning ordinance. It includes general administrative provisions and notice and hearing requirements; procedure for obtaining a zoning permit; requirements for various discretionary approvals: development plans, use permits, temporary use permits, variances, development agreements and zoning ordinance amendments; and provisions for appeals and enforcement. (Ord. 710 § 35-25.1, 1996; 1991 code § 35-25.1)

18.75.020 Approval authority.

A. Zoning administrator. The zoning administrator has the authority to approve: zoning permits; minor use permits; minor variances; minor subdivisions (under the subdivision ordinance); temporary use permits, Section 6409(a) permits, and sign permits; home occupation permits; and certain architectural review permits. With the exception of Section 6409(a) permits, the zoning administrator may, in his or her discretion, refer any of these applications directly to the planning commission. The zoning administrator makes recommendations regarding zoning ordinance amendments, development agreements, and any other discretionary approval to be considered by another approval body.

B. Architectural review commission. The architectural review commission has the authority to approve architectural review permits, except for certain limited permits which may be approved by the zoning administrator.

C. Planning commission. The planning commission has the authority to approve applications for development plans, use permits and variances (except for minor use permits and minor variances which are considered by the zoning administrator) and to make recommendations to the city council regarding zoning ordinance amendments and development agreements. The planning commission also hears appeals from decisions of the zoning administrator. The planning commission has the authority to approve major subdivisions (under the subdivision ordinance).

D. City council. The city council has the authority to approve development agreements and zoning ordinance amendments. The city council hears appeals from the planning commission and the architectural review commission.

All actions taken in this section, except for subsection D, are subject to PHMC Chapter 18.130, Appeals and Calls for Review. (Ord. 910 § 6, 2017; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-25.2, 1996; 1991 code § 35-25.2)

18.75.030 Completeness of application.

A. Initial application. Within 30 calendar days after the city has received an application for a development project, the city shall determine in writing whether the application is complete, and shall immediately transmit the determination to the applicant. If the application is determined not to be complete, the city’s determination shall specify those parts of the application which are incomplete, and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed.

If the determination is not made within 30 calendar days, and the application includes a statement that it is an application for a development permit (as that term is used in Government Code sections 65927 and 65943), the application shall be deemed complete.

B. Resubmittal. Except as may otherwise be required by law, upon any resubmittal of an application determined not to be complete, a new 30-day period shall begin for determining whether the application is complete. The city shall determine in writing whether the resubmitted materials are complete and shall notify the applicant. If the written determination is not made within that 30-day period, the application together with the submitted materials shall be deemed complete. Applications for wireless telecommunications facilities shall be subject to the resubmittal requirements set forth in applicable federal and state law.

C. Time period extensions. Nothing in this section precludes an applicant and the city from mutually agreeing to extend any time period provided by this chapter. (Ord. 910 § 7, 2017; Ord. 710 § 35-25.4, 1996; 1991 code § 35-25.4)

18.75.040 Environmental review.

Each land use application for a discretionary approval by the city is subject to the requirements of the California Environmental Quality Act (CEQA), the state CEQA Guidelines, and the city’s CEQA Guidelines. (Ord. 710 § 35-25.6, 1996; 1991 code § 35-25.6)

18.75.050 Fees and deposits.

Each person submitting an application for a permit, or filing an appeal, under this chapter shall pay the required fees and deposits as established by city council resolution. (Ord. 710 § 35-25.8, 1996; 1991 code § 35-25.8)

18.75.060 City indemnification.

Each applicant shall defend (with counsel acceptable to the city), indemnify and hold harmless the city (including its agents, officers, and employees) from any claim, action, or proceeding to challenge an approval of the planning commission, city council, or any officer, department, commission, or committee of the city concerning a permit granted under this title. (Ord. 856 § 2 (Exh. A), 2011)