Chapter 17.16
GENERAL APPLICATION PROCESSING PROCEDURES
Sections:
17.16.020 Application and fee.
17.16.030 Determination of completeness.
17.16.040 Application review and report.
17.16.050 Public hearing and public notice.
17.16.060 Notice of zoning administrator decisions.
17.16.070 Approving authority.
17.16.100 Permit time limits, extensions, and expiration.
17.16.010 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. 2015-002 § 3 (Exh. 1)(part), 2015)
17.16.020 Application and fee.
Applications pertaining to this title shall be submitted in writing to the zoning administrator 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, processing and recommendation or determination. Applications shall be submitted together with all plans, maps, data, or special reports about the proposed project development, or land use entitlements requested, deemed necessary by the zoning administrator to provide the approving authority with adequate information on which to base decisions. The permit application checklist lists the minimum necessary submittal materials for that particular type of permit. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.16.030 Determination of completeness.
A. Application Completeness. Within thirty calendar days of application submittal, the zoning administrator shall determine whether or not the application is complete. The zoning administrator 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.
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 zoning administrator shall determine the completeness of the application. Application completeness shall be determined as specified in subsection A of this section, Application Completeness.
D. Incomplete Application. If additional information or submittals are required and the application is not made complete within sixty days 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 zoning administrator, 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 17.16.080, Appeals, and the Permit Streamlining Act (California Government Code Section 65943). (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.16.040 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 zoning administrator 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 zoning administrator 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. At the same time, the report shall be provided to the applicant prior to consideration of the entitlement request. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.16.050 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 conditional use permits, variances, design review, specific plans, zoning text/map amendments, prezoning, development agreements, and general plan amendments 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 zoning administrator 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 essential facilities or services to the proposed project.
4. Notice of the public hearing shall be posted at City Hall.
5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice.
6. Actions Affecting Permitted Uses. In case the proposed amendment affects the permitted uses of real property on one or more parcels, notice shall also be given as follows:
a. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property or the owner’s duly authorized agent, and to the project applicant.
b. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property within three hundred feet of the real property that is the subject of the hearing.
c. If the number of owners to whom notice must be provided in subsections (B)(2) and (B)(3) of this section exceeds one thousand, publication of the notice as per subsection (B)(2) of this section may be substituted for mailed or delivered notice.
d. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
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. 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 city clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.
D. 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.
E. 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. 2015-002 § 3 (Exh. 1)(part), 2015)
17.16.060 Notice of zoning administrator decisions.
A. Notice. For applications decided by the zoning administrator as listed in Table 17.16-A—Approving Authority for Land Use Entitlements, the notice of decision of a zoning administrator shall be provided, in writing, to the applicant, interested parties, and members of the city council. If no concerns are expressed, the application will be rendered without appeal. The notice shall include:
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. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.16.070 Approving authority.
A. Designated Approving Authority. The approving authority as designated in Table 17.16-A, 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 17.16-A, Approving Authority for Land Use Entitlements, 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 17.16.080, Appeals.
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.
C. Referral to the Planning Commission. At any point in the application review process, the zoning administrator may transfer his or her 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 at a noticed public hearing. A referral under this section to another decision-maker is not an appeal and requires no appeal application or fee.
|
Type of Permit or Decision |
Designated Approving Authority R = Recommending Authority F = Final Decision-Making Authority A = Appeal Authority |
|||
|---|---|---|---|---|
|
Zoning Administrator |
Planning Commission |
City Council |
Section Reference |
|
|
Plan Check/Zoning Clearance |
F |
A |
F |
|
|
Official Code Interpretation |
F |
A |
F |
|
|
Similar Use Designation |
F |
A |
F |
|
|
Home Occupation Permit |
F |
A |
F |
|
|
Temporary Use Permit |
F |
A |
F |
|
|
Minor Adjustment |
F |
A |
F |
|
|
Administrative Use Permit |
F |
A |
F |
|
|
Minor Design Review |
F |
A |
F |
|
|
Reasonable Accommodation |
F |
A |
F |
|
|
Entertainment Permit |
R |
F |
F |
|
|
Major Design Review |
R |
F |
F |
|
|
Conditional Use Permit |
R |
F |
F |
|
|
Variance |
R |
F |
F |
|
|
Planned Development |
R |
F |
F |
|
|
Development Agreement |
R |
R |
F |
|
|
Specific Plan |
R |
R |
F |
|
|
Specific Plan Amendment |
R |
R |
F |
|
|
Zoning Amendment |
R |
R |
F |
|
|
General Plan Amendment |
R |
R |
F |
|
|
Prezoning |
R |
R |
F |
|
(Ord. 2020-002 §§ 3, 4, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.16.080 Appeals.
A. Appeal Authority. Any interested person may appeal any action of the zoning administrator or planning commission within ten days from the date of the action. Actions by the city council are final and no further administrative appeals are available.
B. Call for Review. Any decision of the zoning administrator may be called up for review by a planning commissioner or city council member. Any decision of the planning commission may be called up for review by a city council member. If council members or planning commissioners request review, there is a presumption that the reason for the review is that the action has significant and material effects on the quality of life within the city. No inference of bias shall be made or implied due to such a request for review being filed.
C. Filing an Appeal or Call for Review. 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 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. A call for review shall be filed with the zoning administrator and/or city clerk.
D. Notice and Schedule of Appeal Hearings and Calls for Review. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings and calls for review should be conducted within thirty days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 17.16.050, Public hearing and public notice.
E. Appeal Hearing and Action. Each appeal and call for review shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal or review authority shall state the basis for its action. The appeal or review authority may act to confirm, modify, or 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 or review authority is final on the date of decision and, unless expressly provided by this chapter, may not be further appealed. (Ord. 2020-002 § 5, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.16.090 Effective date.
Generally, the action to approve, conditionally approve, or deny a permit or entitlement authorized by this title shall be effective ten calendar days after the date of action, immediately following expiration of the ten-day appeal period. Legislative actions by the city council (e.g., zoning amendment, general plan amendment, specific plans, and development agreements) 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. 2015-002 § 3 (Exh. 1)(part), 2015)
17.16.100 Permit time limits, extensions, and expiration.
A. Time Limits. Unless a condition of approval or other provision of this title establishes a different time limit, any permit not exercised within one year 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 zoning administrator and the building official and incurred substantial liabilities in good faith reliance on the building permit. 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 up to two years from the original permit date.
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. 2015-002 § 3 (Exh. 1)(part), 2015)
17.16.110 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. Fees for such application shall be as set forth by resolution of the city council.
If the zoning administrator determines that a proposed project action is not in substantial conformance with the original approval, the zoning administrator 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. 2015-002 § 3 (Exh. 1)(part), 2015)
17.16.120 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 a public hearing conducted pursuant to Section 17.16.050, 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. 2015-002 § 3 (Exh. 1)(part), 2015)
17.16.130 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 zoning administrator 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. 2015-002 § 3 (Exh. 1)(part), 2015)