The purpose of this chapter is to identify and prescribe general
procedures and requirements for the filing, processing and consideration
of planning related actions and permit applications. These provisions
shall be used in conjunction with requirements or procedures unique
to a specific process or permit type which are found in the chapter
concerning that specific process or permit.
(Prior zoning code § 19.51.010; Ord. 2623-99 § 1)
On property for which a use permit or special development permit
has been issued prior to the adoption of regulations stated in this
title, the director of community development may determine the appropriate
permit and procedure for an owner's application for a modification
to an existing permit, such that it is in accordance with current
permit requirements, procedures for similar proposals, and prior decisions.
(Ord. 2920-10 § 6)
(a) Consideration of a permit or process is initiated by the filing of
an application signed by the owner of the land to which the permit
or process would be applicable. The application shall be filed with
the director of community development on forms furnished for this
purpose. The application shall be accompanied by the required fee,
plans, elevations and other supporting data set forth in this section,
or determined necessary by the director of community development.
(b) Design review and miscellaneous plan permit applications shall include:
(1) Written explanation of project;
(2) Site Plan. All site plans shall show street and sidewalk locations
(if applicable) in addition to property lines. The director of community
development may require site plans with certified site elevation data;
(3) Architectural elevations of all sides of all buildings indicating
exterior materials and colors. Where appropriate, a color and material
board may be required. The director of community development may require
a streetscape view showing the proposed home and one adjacent home
on each side;
(4) Landscaping and irrigation plans for projects that include construction of a new single-family or duplex dwelling unit, or any modification or installation of new landscaping that falls within the thresholds stated in Chapter
19.37. The plans shall meet the information requirements determined by the director of community development to comply with the standards set forth in Chapter
19.37;
(5) Floor plans of all buildings.
(c) Variance, use permit and special development permit filings shall
include:
(1) Written explanation of project;
(3) Architectural elevations of all sides of all buildings indicating
exterior materials and colors. A color and material board is required.
(d) Tree removal permits shall be filed at least ten working days prior
to the proposed date of tree removal and shall include:
(1) The number, location(s), size(s), quality, species and variety of
tree(s) to be removed;
(2) A written explanation about why the tree(s) must be removed;
(3) A time schedule for the proposed work.
(e) Heritage resources and heritage resource district designation filings
shall include:
(1) Description detailing the proposed heritage resource's special aesthetic,
cultural, architectural, or engineering interest or value of a historic
nature;
(2) Sketches, drawings, photographs, or other descriptive material;
(3) Statement of condition of structure.
(f) For any business-sponsored child care center in any industrial zoning district, and for any use in a POA combining district serving sensitive populations as defined in Section
19.12.200, the following additional application requirements and procedures shall be met:
(1) If the use is proposed within a multi-tenant building, the applicant
shall obtain an agreement providing for the limitation of hazardous
material users on the same site, which agreement shall be recorded
between the property owner, applicant, and city.
(2) The applicant shall acknowledge in writing that it is locating in
an industrial area that may result in higher levels of noise, traffic,
and exposure to hazardous materials than would normally be encountered
in non-industrial areas.
(3) The applicant shall adopt and submit for the approval of city a safety
plan designed to protect sensitive populations in the event of a nearby
release of hazardous materials.
(g) For automobile service stations that sell groceries, the applicant
shall obtain a miscellaneous plan permit to provide for review of
the design and layout of the proposed facilities and parking requirements,
to include the following information:
(1) Interior floor plan, to ensure employees can see their surroundings
and people (including the police) can see into the market;
(2) Show location of payment area inside the mini-mart to allow easy
visibility to the pumps and access points onto the property;
(3) Lighting plan to ensure a well-lit store;
(4) Hours of operation. It may be prudent to require a mini-mart to close
at night and allow the gas sales to continue from an outside payment
window;
(5) Site plan showing all surrounding buildings, parking and uses, which
also shows escape routes from the mini-mart to surrounding areas;
(6) The number of employees on site at each shift;
(7) Description of cash control procedures;
(8) A store security and crime prevention program.
(h) For automobile service stations that sell beer and wine pursuant to state license, the applicant shall submit an application including all of the information in subsection
(g), and shall obtain a use permit or special development permit and the director of community development shall make all of the following findings:
(1) The proposed site must be five hundred feet from a use selling off-site
sales of alcohol, unless findings can be made that the additional
sales:
(A) Will not adversely affect the peace, health, safety, morals or welfare
of the persons residing or working in the surrounding areas; and
(B) Will not impair the value of property of other persons located in
the vicinity of the area; and
(C) Will not be detrimental to public health, safety or welfare;
(D) The proposed site will not exceed a concentration of more than four
businesses with off-site sales of alcohol within a one thousand-foot
radius, unless the findings in subsection (h)(1) above can be made.
(2) The proposed site shall not be located closer than five hundred feet
from any child care center, public park, social service agency, residential
care facility, residential service facility or public school, unless
the findings in subsection (h)(1) can be made.
(i) For automobile service stations that sell beer and wine, the applicant
shall adhere to the following conditions of approval:
(1) No beer or wine shall be displayed within five feet of the cash register
or front door unless it is in a permanently-fixed cooler;
(2) No advertisement of alcoholic beverages shall be displayed at motor
fuel islands; and
(3) Employees on duty between the hours of ten p.m. and two a.m. who
sell beer or wine shall be at least twenty-one years old.
(Prior zoning code §§ 19.20.050, 19.20.060,
19.50.050, 19.52.020(c), 19.52.040, 19.52.050, 19.52.070, 19.54.030,
19.54.010, 19.56.030, 19.57.030(a), (d)(1)—(3), 19.72.050(a),
19.80.070(b)(1)—(5), 19.80.090(c)(1)—(5), 19.81.080(b)—
(d); Ord. 2623-99 § 1; Ord. 2649-00 § 15; Ord. 2802-06 § 7; Ord. 2808-06 § 12; Ord. 2848-07 § 8; Ord. 2908-09 §
6; Ord. 2918-10 § 5; Ord. 2987-12 § 10; Ord. 3033-13 § 3; Ord. 3065-15 § 9)
(a) Payment of a fee established by resolution of the city council shall
be made at the time of application filing.
(b) The fees for city review of tree surveys, replanting and protection
plans for sites which are undergoing development or modification shall
be included in the fee for the discretionary permit for which the
applicant has applied.
(Prior zoning code §§ 19.12.060, 19.50.040,
19.51.020(c), 19.52.040, 19.54.040, 19.56.030; Ord. 2623-99 § 1)
(a) Minimum Requirements and Applicability. The requirements in this
section are considered a minimum and may be expanded or modified by
the specific requirements of an application pursuant to this title
and by policies adopted by resolution by the city council or as determined
by the director.
(b) Failure to Receive Notice. Failure to comply with procedures shall
not affect the validity of the person or body holding the public hearing
or making the decision to proceed with the hearing or decision.
(c) Notice Content. All public notices shall contain the location of
the subject property or area, either by text or diagram, a general
description of the proposed project or action, the decision-maker,
and the scheduled time, date and place of each public hearing required
by this title. If the notice is for an application for which the director
of community development is the decision maker and no public hearing
is required, the notice shall state the application is available for
review and comment for fourteen days following the date on the notice.
(d) Public Notice Prior to Decision. Table 19.98.040 (Public Notice)
establishes the methods of which public notice shall be provided before
a decision is made on an application in accordance with this title,
including appeals, and the minimum number of days public notice shall
be provided before the decision date. When required by Table 19.98.040,
public notice shall be provided as follows:
(1) Mailing. The notice shall be delivered by mail to the following:
(A) Applicant and Owner. The applicant and owners of the subject property
or area;
(B) Owners Within Three Hundred Feet. Owners of property within three
hundred feet of the subject property or area. This distance shall
be measured from all points along the lot lines of the site. If only
a portion of a lot is located within the measured distance, the entire
lot is considered to be within the required mailing distance;
(C) Interested Parties. Any person or group, including neighborhood associations,
who has filed a written request for notice regarding the specific
application or of projects in the area; and
(D) Appellant. The appellant for an appealed decision.
(E) Alternative Method for Large Mailings. If the number of owners to
whom notice shall be mailed is greater than one thousand, the director
may provide notice by placing a display advertisement in at least
one newspaper of general circulation in the city.
(2) On-Site Posting. The notice shall be posted at a conspicuous location
on each frontage of the subject site. No person shall alter, deface,
remove or affect the visibility of the posted notice. The applicant
shall ensure the notice remains posted during the entire noticing
period and remove the notice no later than five days after the hearing
date or decision date referenced on the sign, or date the application
has been withdrawn.
(3) Bulletin. The notice shall be posted on the public notice bulletin
board at city hall.
(4) Newspaper. The notice shall be published at least once in a newspaper
of general circulation in the city.
Table 19.98.040
Public Notice
|
---|
In the table, the words and symbols are defined as follows:
|
"Yes" = Required
|
"-" = Not required
|
Decision Procedure
|
Mailing
|
On-Site Posting
|
Bulletin
|
Newspaper
|
Minimum Days before Decision
|
---|
Director Decision with Public Notice and No Hearing
|
Yes
|
Yes
|
-
|
-
|
14 days or per CEQA
|
Public Hearing for Site-Specific Application
|
Yes
|
Yes
|
Yes
|
Yes
|
10 days or per CEQA
|
Public Hearing on Legislative Action (such as a zoning text
amendment)
|
-
|
-
|
Yes
|
Yes
|
10 days or per CEQA
|
Public Hearing for Appealed Decision
|
Yes
|
-
|
Yes
|
-
|
10 days
|
Public Hearing for Appeal of Incompleteness Determination
|
-
|
-
|
Yes
|
-
|
3 days
|
(Prior zoning code §§ 19.12.100, 19.12.110,
19.51.020(d)(1)—(2), 19.52.025(g)(1)—(2), 19.54.050, 19.54.080,
19.57.030(b), 19.60.010, 19.60.011(a)(1)—(3), 19.72.050(e),
19.80.070(c), 19.80.090(e)—(j), 19.81.180; Ord. 2623-99 § 1; Ord. 2649-00 § 16; Ord. 2650-00 § 9; Ord. 2802-06 §
13; Ord. 2887-08 § 13; Ord. 2905-09 § 18; Ord. 2907-09 § 14; Ord. 2908-09 § 7; Ord. 2966-11 § 21; Ord. 2987-12 §
11; Ord. 3004-13 § 9; Ord. 3031-13 § 4; Ord. 3033-13 § 4; Ord. 3043-14 § 13; Ord. 3176-21 § 8)
The director of community development, heritage preservation
commission, planning commission or city council, at the time and place
set for a required public hearing, may continue a public hearing from
time to time when it is determined that such a continuance, to a date
and time certain, would not be detrimental to the public interest.
Published or posted notice of the time and place of the continued
public hearing is not required.
(Prior zoning code §§ 19.12.120, 19.20.070(c),
19.44.030(c)(1)—(2), 19.60.011(b), 19.60.020; Ord. 2623-99 § 1)
Failure of the director of community development to act within
forty days of a determination that a project is exempt from the California
Environmental Quality Act, or of the planning commission to act within
forty days of the date of adoption of a negative declaration, or within
such extended period of time as may be mutually agreed upon by the
applicant and the director of community development or planning commission,
shall be deemed a denial of the requested permit and for purposes
of appeal shall be deemed an action. The director of community development
shall send notice of such denial to the applicant postage prepaid,
however, failure to send such notice shall not effect the denial or
extend any period of time within which an appeal may be taken.
(Prior zoning code §§ 19.20.090, 19.52.025(h),
19.52.080, 19.52.100, 19.54.070, 19.56.050, 19.56.072, 19.57.030(e),
19.80.070 (d)—(i); Ord. 2623-99 § 1; Ord. 2987-12 §
12)
(a) Authorization to Appeal. Unless otherwise modified or limited by
specific provisions of this title, or otherwise required by state
law, decisions may be appealed as follows:
(1) Appeal of Director Decision to Planning Commission. Any person aggrieved
by a final decision of the director of community development may appeal
the decision to the planning commission.
(2) Appeal of Commission Decision to City Council. Any person aggrieved
by a final decision of the heritage preservation commission, arts
commission, or planning commission may appeal the decision to the
city council, unless the decision of the commission is made final
pursuant to a specific provision of this title.
(3) Members of the Planning Commission and City Council. City councilmembers
and planning commissioners may call up a decision for review pursuant
to subsection (e), and may not appeal a decision unless they are the
applicant on the project.
(4) Appeals may be filed by more than one person.
(b) Timing and Filing of Appeal. An appeal shall be initiated as follows:
(1) Appeal Period. Any appeal shall be filed by 5:00 p.m. of the fifteenth
day following the decision being appealed. A meeting which extends
past midnight is considered to occur on the day it began. When the
appeal period ends on a weekend or holiday, the time limits shall
be extended to the next working day.
(2) Filing Requirements. An appeal shall be submitted in writing, and
shall be accompanied by the required fee, as set by resolution of
the city council, and shall state the decision appealed from, the
facts and basis for the appeal, and the relief or action sought. Appeals
of decisions by the director of community development to the planning
commission shall be filed with the community development department.
Appeals to the city council shall be filed with the city clerk.
(c) Appeal Stays Action. The timely filing of an appeal shall automatically
stay the operative effect of the action, permit, decision or determination
from which the appeal has been taken until a final decision is rendered
on the appeal.
(d) Withdrawal of Appeal. An appellant may submit a written request to
withdraw their appeal any time before the scheduled hearing for the
appeal, in which case the appeal shall not move forward and the decision
that was the subject of the appeal shall be the final decision.
(e) Call for Review. Decisions may be called up for review to the next
higher decision-making body as follows:
(1) City Council Requests. Any two councilmembers may request city council
review of any decision appealable to the city council, as prescribed
in this title.
(2) Planning Commission Requests. Any one planning commissioner may request
planning commission review of a final decision made by the director
of community development after holding a public hearing, if the decision
is appealable to the planning commission, as prescribed in this title.
(3) Timing and Filing of Call for Review. To initiate a review, written
requests shall be filed prior to the end of the appeal period prescribed
in subsection (b). Councilmembers shall file their requests with the
city manager; planning commissioners shall file their requests with
the director of community development. No reasons shall be stated
in the written request for review and no appeal fee shall be required.
If councilmembers or planning commissioners call for a review of a
decision as provided in this section, there is a presumption that
the reason for the review is that the action is of significant importance
to the community. No inference of bias shall be made or implied due
to such a request for review being filed by a decision-maker.
(4) Procedures and Decisions. Upon receiving a request for city council
review of a decision from at least two councilmembers within the designated
timeframe, the item shall be placed on the next appropriate agenda,
as determined by the city manager. Upon receiving a request for review
from at least one planning commissioner within the designated timeframe,
the item shall be placed on the next appropriate agenda, as determined
by the director of community development. Any matter called up for
review pursuant to this section shall be heard in the same manner
as an appeal as prescribed in subsection (f).
(5) Call for Review Stays Action. The timely filing of a call for review
shall automatically stay the operative effect of the action, permit,
decision or determination from which the call has been made until
a final decision is rendered on the matter.
(f) Procedures and Decisions. The procedure for the public hearing on
the appeal or call for review shall be conducted as follows:
(1) Public Notice. Public notice of the appeal hearing shall be provided as prescribed in Section
19.98.040 (Public notice).
(2) Scope of Hearing. Consideration of appeals and calls for review shall
be de novo. The reviewing body is not bound by the decision that has
been appealed or limited to the issues raised on appeal by the appellant.
(3) Decision of Review Body. After the hearing, the reviewing body shall
affirm, modify, or reverse the original decision based on the evidence
and findings.
(g) Effective Date of Decision. A decision by the city council or planning
commission regarding an appeal or review becomes final on the date
of the decision.
(Ord. 3050-14 § 11)
(a) An applicant for a development project that is subject to Section
65920 et seq. of the California
Government Code (known as the Permit
Streamlining Act) may appeal a determination that the zoning application
is incomplete.
(b) The appeal shall be in writing and shall state the facts and basis
for the appeal, and the relief or action sought, and shall be accompanied
by the required fee.
(c) The appeal shall be filed with the community development department
by five p.m. of the fifteenth day after the applicant is notified
of the determination that the application is incomplete.
(d) The appeal shall be heard by the Planning Commission no later than
sixty days after the filing of the appeal.
(e) After receiving an appeal from the determination that the application
is incomplete, and following a public hearing, the planning commission,
whose decision is final, by the affirmative vote of a majority of
its voting members, shall determine whether the application is complete
or incomplete. In order to determine that an application is incomplete,
the planning commission must make all of the following findings:
(1) The item or items identified as incomplete by the city were included
in the city's submittal requirement checklist.
(2) The city provided the applicant with a notice of the incomplete item
or items within thirty calendar days after the city received the applicant's
application.
(3) The notice specified those parts of the application that were incomplete
and indicated the manner in which they could be made complete, including
a list and thorough description of the specific information needed
to complete the application.
(4) The applicant resubmitted the application.
(5) The materials provided by the applicant with the resubmitted application
did not include information identified and described in the notice
of incompleteness.
(f) The city shall provide the applicant a written notice of the planning
commission's decision following the hearing and before the expiration
of the sixty day period for hearing the appeal.
(Ord. 3176-21 § 9)
(a) The director of community development, planning commission or city
council may approve any permit, or approve the same upon such conditions
in addition to those expressly provided in applicable provisions of
this code, as it finds desirable in the public interest.
(b) For appurtenant, temporary, hazardous materials storage or emergency
container uses conditions may include those determined to be reasonably
necessary in connection with the hours of operation, visual screening,
cleanup of the location or premises, use of lights or lighting or
other means of illumination, or operation of any loudspeaker or sound
amplification or any other aspect of the project, in order to prevent
the creation of any nuisance or annoyance to the occupants of or commercial
visitors to adjacent buildings or premises or any public nuisances.
(c) In addition to any other conditions imposed, the director of community
development may require the posting of a cash security in an amount
sufficient to guarantee the removal of any fixtures, equipment or
stands and the cleanup of the location or premises immediately upon
the expiration of any temporary use.
(Prior zoning code §§ 19.32.070(d)(1)—(e),
19.52.030(g); Ord. 2623-99 §
1; Ord. 2966-11 § 23)
Except as otherwise specified in conditions of approval, major
changes to an approved project must be reviewed by the original approving
authority through the applicable application process.
(Ord. 2623-99 § 1)
A permit shall expire and become null and void in the event
that the permit has not been exercised:
(a) Within two years after the date such permit was approved by the final
review authority except that miscellaneous plan permits and tree removal
permits shall expire after one year.
(b) If the use is discontinued for more than one year.
(Prior zoning code §§ 19.20.140, 19.51.040,
19.52.025(i), 19.52.130, 19.54.090, 19.56.090, 19.72.050(d), 19.80.142; Ord. 2623-99 § 1; Ord. 2808-06 § 9)
Reasonable extensions of time not exceeding one year may be
approved by the director of community development by miscellaneous
plan permit if it is determined that there have been no changes of
circumstances or that no substantive changes have been made to the
application since the permit was approved. Extensions are only valid
if approved before the pending expiration date, and are measured from
that date. An extension may be approved for any time length up to
a maximum of one year. Additional extensions may be approved, provided
that the total of all extensions shall not exceed one year from the
date of the expiration of the original approval, except that the director
of community development may approve an additional one-year extension
(for a total of two years) of such permit, and the planning commission,
after a public hearing thereon, may approve subsequent one-year extensions
of miscellaneous plan permits issued for:
(a) A mobile or motor home in any nonresidential zoning district or in
conjunction with a church in any zoning district for demonstrated
security purposes.
(b) Portable offices used for nonresidential purposes in industrial and
office zoning districts.
(Prior zoning code §§ 19.20.145, 19.51.035(c),
19.52.135, 19.54.095, 19.56.095, 19.80.143; Ord. 2623-99 § 1)
A permit may be revoked by the city council, after a public
hearing thereon, by an affirmative vote of a majority of its voting
members, when the city council finds a violation of or noncompliance
with the conditions of approval of such permit.
(Prior zoning code §§ 19.20.150, 19.52.025(i),
19.52.140, 19.56.100; Ord. 2623-99 § 1)
(a) Any person violating or permitting the violation of or who fails to comply with the terms and conditions of a permit approved pursuant to this title shall be guilty of an infraction, and upon conviction thereof shall be punishable as set forth in Chapter
1.04 of this code.
(b) The remedy provided for in this section is in addition to and does
not supersede or limit any and all other remedies, civil or criminal.
(Prior zoning code §§ 19.20.160, 19.46.070,
19.51.050, 19.52.012(i), 19.52.150, 19.54.100, 19.56.120, 19.80.145; Ord. 2623-99 § 1)
No vacant land or building shall be occupied or used, nor shall
any buildings hereafter erected, constructed, converted, vacated,
or moved, be occupied or used until a certificate of use and occupancy
shall have been issued by the building official; provided, however,
that no certificate shall be required for agricultural or residential
uses or for public utility transmission and distribution lines.
(Prior zoning code § 19.60.030; Ord. 2623-99 § 1)
A certificate of use and occupancy shall be issued for buildings
and uses which conform with the provisions of this title within three
working days after written notice to the building official that the
premises are ready for use and occupancy. In the event the director
cannot find that the proposed use or building conforms with the provisions
of this title, the building official shall give written notice to
the applicant of the general deficiencies in such building or use.
(Prior zoning code § 19.60.040; Ord. 2623-99 § 1)
It shall be the duty of the director of community development
to enforce the provisions of this title. All officers, officials and
employees of the city who are vested with the duty or authority to
issue permits or licenses shall conform with the provisions of this
title, and shall not issue any permit or license or approve any use
or building which would be in conflict with this title. Any permit,
license or approval issued in conflict with this title shall be null
and void.
(Prior zoning code § 19.60.060; Ord. 2623-99 § 1)
In the performance and discharge of any responsibility imposed
by this title, any official, officer or employee of the city may enter
upon any land and make examinations and surveys; provided, however,
that such entries, examinations and surveys do not interfere with
the use of the land by those persons lawfully entitled to the possession
thereof, and do not conflict with any applicable state or federal
law.
(Prior zoning code § 19.12.130; Ord. 2623-99 § 1)
Any use or building set up, erected, constructed, converted,
altered, added to, enlarged or caused to exist contrary to the provisions
of this title shall and the same is hereby declared to be a public
nuisance. The director of community development, upon order of the
city council, shall immediately commence action or proceedings for
the abatement and removal or enjoinment thereof in the manner provided
by law. The director of community development shall take such other
steps and apply to such courts as may have jurisdiction to approve
such relief, as will abate and cause removal of such use or building
and restrain and enjoin any person, firm or corporation from erecting,
constructing, converting, altering, adding to, enlarging or causing
to exist any use or building contrary to this title.
(Prior zoning code § 19.60.070; Ord. 2623-99 § 1)
Without following the procedures otherwise required preliminary to the adoption or amendment of a special plan, precise zoning plan, or addition thereto, and if the council, planning commission, or the planning division of the department of community development is considering or studying, or intends to study within a reasonable time any specific plan, precise zoning plan, or amendment thereof, or addition thereto, and in order to protect the publ ic safety, health and welfare, the city council may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with the contemplated specific plan, precise zoning plan or amendment or addition thereto. Such urgency measure shall require a two-thirds vote of the city council for adoption. Such interim ordinance shall be of no further force and effect one hundred eighty days from the date of adoption thereof; provided, however, that after notice pursuant to Section
19.98.040 and a public hearing, the city council by a two-thirds vote may extend such interim ordinance for one year. Not more than two such extensions may be adopted. When such interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first such ordinance or any extension.
(Prior zoning code § 19.12.150; Ord. 2623-99 § 1)
When a use is not specifically listed as a primary or conditional use, it shall be assumed that such use is prohibited unless it is determined by the director of community development that the use is similar to and not more objectionable or intensive than the uses listed. Uses are permitted and conditions of use are established within each district in conformance with Section
19.98.090. Requests for determinations for specific uses shall be submitted to the department of community development in writing with a detailed description of the proposed use, its proposed location, and intended hours of operation. Additional information may be required by the director of community development in order to prepare the determination for individual uses. Any decision by the director of community development regarding a requested determination shall be in writing and shall be final.
(Ord. 2649-00 § 17)