The purpose of this chapter is to address the processing of
an application for a permit or variance from the time it is submitted
to the Planning Division, including acceptance as complete, through
issuance of the permit or approval of the variance. This chapter also
addresses the process for modifying and extending permit approvals.
(Ord. 5428 § 1, 2014)
An application for a permit, variance, a permit modification
or extension, or other approvals required by this title shall be submitted
to the Planning Division on an application form provided by the Planning
Division, and shall include the consent of the lawful owner of record,
fees as established by the City Council, plans, maps, and any information
required by the department. Approvals granted for an application which
was submitted containing false or inaccurate information which the
applicant knew or should have known, was false or inaccurate, shall
be declared null and void and subject to immediate revocation.
(Ord. 5428 § 1, 2014)
A permit application may be filed by:
A.
The
lawful owner of record of the parcel, or their duly authorized agents.
B.
A person
with lawful power of attorney or other acceptable authority from the
lawful owner of record. Evidence of authorization shall be submitted
upon request of the department.
(Ord. 5428 § 1, 2014)
Every application for a permit shall include the following information:
A.
A description
including maps, plans, and other relevant data, of the proposed development,
project site and vicinity sufficient to determine whether the project
complies with the requirements of these regulations, including sufficient
information concerning the existing use of land and water areas in
the vicinity of the site of the proposed project insofar as the applicant
can reasonably ascertain for the vicinity surrounding the project
site.
B.
A description
of the applicant’s interest in the property upon which work
is to be performed.
C.
A dated
signature by the property owner, or owners, authorizing the processing
of the application, and, if so desired by the property owner, authorizing
a representative to bind the property owner to matters concerning
the application.
D.
Such
other or additional information that the Planning Manager may deem
necessary in his or her discretion to determine whether the development
as applied for, is consistent with the City’s General Plan and
these regulations.
(Ord. 5428 § 1, 2014)
The department shall review all applications for compliance with the submittal requirements. In order to be accepted for processing, an application shall include the required application, filing fees, and plans as defined in Chapter 19.76. Applications submitted without the required information are not required to be accepted for processing.
(Ord. 5428 § 1, 2014)
Upon receipt of an application, the department shall refer copies
of the application to any City department, local, State or Federal
agency or other individual or group that the department believes may
have relevant authority or expertise on the proposed project.
(Ord. 5428 § 1, 2014)
Upon completion of the project referral, and prior to accepting
an application as complete, the Planning Manager shall determine whether
a project evaluation meeting (PEM) is needed. If it is determined
a PEM is needed, a PEM will be scheduled with the applicant and all
City departments and agencies having jurisdiction or providing services
to the project site. The purpose of the meeting is to discuss:
A.
The
status of application acceptance;
B.
The
provision of services to the subject site;
C.
Compliance
with the provisions of the General Plan, any applicable specific plan
and this title; and
D.
Compliance
with other City standards.
(Ord. 5428 § 1, 2014)
Within 30 days of the application submittal, a determination shall be made whether or not the application is complete. Upon completion of the referral period or the PEM, when a PEM is held, a letter shall be sent to the applicant finding that all the submittal requirements have been satisfied and that the application has been accepted as complete, or itemizing any information which is necessary to complete the application. The letter shall also address areas in which the submitted plans are not in compliance with City standards and requirements. The applicant may appeal the determination pursuant to Chapter 19.80 that additional information is necessary to the Approving Authority for the permit requested. If additional information is required and the application is not made complete within six months of application submittal, then the application shall be deemed withdrawn and no action will be taken on the application.
Permits which require approval of an amendment to this title,
the General Plan or a specific plan shall be processed concurrent
with the legislative action, but the application for such permits
shall not be deemed to be complete unless and until the legislative
action becomes effective.
Upon acceptance of the application as complete, the Planning
Division shall conduct an initial study pursuant to CEQA to evaluate
the environmental impacts associated with the proposed project. The
Planning Division shall then prepare and circulate for public distribution
the appropriate environmental document.
(Ord. 5428 § 1, 2014)
Public notice shall be given in accordance with Chapter 19.78. A written report and recommendations for action shall be prepared by the Planning Division, and shall be mailed or delivered to the Approving Authority, the property owner and the applicant not less than three days prior to the public hearing or action on the application.
(Ord. 5428 § 1, 2014)
The Approving Authority, as required by Section 19.78.020, shall approve, conditionally approve, or deny the proposed permit or variance in accordance with the requirements of this title. In acting on a permit or variance, the Approving Authority shall make the applicable findings set forth in Chapter 19.78. An action of the Approving Authority may be appealed in accordance with the appeal procedures set forth in Chapter 19.80.
(Ord. 5428 § 1, 2014)
Within two working days of the action by the Approving Authority,
a notice of action shall be mailed to the applicant at the address
appearing on the application or to such other address designated in
writing by the applicant. The notice shall contain the following information:
A.
The
action taken by the Approving Authority.
B.
Any
conditions of approval.
C.
The
permit expiration date and extension or renewal requirements.
D.
Notice
of the time for appeal.
E.
Notice
of the legal requirement to pursue administrative remedies.
(Ord. 5428 § 1, 2014)
An action which approves or denies a permit or variance, or
which modifies or revokes a permit or variance or denies an application
for modification or revocation of a permit or variance, which is subject
to appeal shall be effective upon the expiration of the 10-day appeal
period. No action shall be final until all appeal periods have expired,
or until the final action on appeal has been rendered pursuant to
this title.
(Ord. 5428 § 1, 2014)
The approval of a permit or variance authorizes the applicant
to proceed with the proposed project upon the effective date of the
permit, subject to all conditions or restrictions imposed by the Approving
Authority; provided, however, that all other permits, licenses, certificates
and other grants of approval to which the proposed development project
is subject must be secured before the development or use may be commenced.
No person shall obtain any right or privilege to use property
for any purpose or in any manner described in an application for a
permit or variance, or a modification thereof, unless and until the
decision granting the permit or variance or modification becomes effective.
(Ord. 5428 § 1, 2014)
A.
The
effectuation of a land use permit (e.g., Conditional Use Permit, variance,
Design Review Permit, Administrative Permit and a major project permit)
may occur under any of the following applicable circumstances:
1.
With
regard to a land use permit authorizing the construction or modification
of a building(s) or structure(s), a land use permit shall be effectuated
when a building or foundation permit is issued by the City building
division; or
2.
With
regard to a land use permit authorizing the construction or modification
of a building(s) or structure(s), a land use permit shall be effectuated
when improvement plans have been approved by the engineering division,
and substantial construction occurs. Substantial construction shall
be defined as underground or utility improvements and/or frontage
improvements not associated with a land division; or
3.
With
regard to land use permit not associated with the construction or
modification of property, building(s), or structure(s), the land use
shall be effectuated when the use is initiated in full compliance
with all applicable conditions, ordinances or resolutions.
(Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)
Following the effectuation of the permit, the completion of the project shall be diligently pursued. If, in the judgment of the Planning Manager, the project is not being diligently pursued to completion, the Planning Manager may require the applicant to submit a schedule for completion of construction. If in the opinion of the Planning Manager, the schedule for completion of construction does not demonstrate compliance with the conditions of approval, the Planning Manager may initiate revocation or modification proceedings as specified in Chapter 19.88.
(Ord. 5428 § 1, 2014)
For projects that involve construction in phases, the time periods
for the phases may be stated in the conditions of the permit so as
to avoid a lapse of progressive development following the completion
of the preceding phase.
(Ord. 5428 § 1, 2014)
Any person holding a permit granted under this title may request
a modification 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. Requests of modification
shall be processed as follows:
A.
If the proposed modifications are in substantial conformity with the approved permit, the Planning Manager may determine that no formal action is required and shall approve the modifications which shall be incorporated into the permit. Modifications deemed to be in substantial conformity shall be processed through the zoning clearance certification process outlined in Chapter 19.72; or
B.
If the Planning Manager determines that the proposed modifications cannot be considered in substantial conformity with the original permit, the request shall be reviewed through an application for a modification, as identified in Sections 19.74.010(D) or 19.74.010(I). The Approving Authority for modifications shall be the Planning Manager. Following a public notice, the Planning Manager may waive the requirement for a public hearing. If a public hearing is requested, the Planning Manager shall schedule and notice the permit for public hearing by the Planning Commission or the Design Committee as specified by this title. A public hearing may be required for any modification at the discretion of the Planning Manager. The approval of a modification extends the expiration date of the original permit to the expiration date identified in the modification conditions of approval.
(Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)
If there are any new or different facts, circumstances, or law which could not have been presented at the hearing on the application and which may affect the action taken, the Approving Authority may reconsider such action, if a request for reconsideration, along with the fee established by the City Council, is filed with the Planning Division within 15 days following the date of the action. The requested reconsideration shall be subject to a public hearing and notice of such hearing shall be given as specified in Chapter 19.78. The failure of the applicant to present information which was available at or prior to the original action is not grounds for reconsideration.
(Ord. 5428 § 1, 2014)
No application shall be accepted or acted upon, if within the
preceding 12 months, an application has been made and denied by an
Approving Authority which involves substantially the same parcel and
which requests approval of substantially the same permits, unless
the Planning Manager permits such reapplication because either of
the following applies:
A.
New
evidence has become available which was unavailable or unknown to
the applicant at the time of the previous action and which could not
have been discovered in the exercise of reasonable diligence by the
applicant; or
B.
There
has been a substantial and permanent change of relevant circumstances
since the previous decision, which materially affects the parcel involved
in the application.
(Ord. 5428 § 1, 2014)
The period within which effectuation of a permit must occur
may be extended by the Planning Manager’s approval of an Extension
(EXT), except for major project permits. An application for such an
extension shall be filed pursuant to this chapter.
The Planning Manager may grant an extension for a permit which has been approved but has not been effectuated. The approval of an extension extends the expiration date for a minimum of one year from the original permit date except for major permits. The permit as extended, may be conditioned to comply with any development standards which may have been enacted since the permit was initially approved. The extension shall be granted if the findings specified in Section 19.78.060(D) are made. Any extension may require a public hearing at the discretion of the Planning Manager.
(Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020; Ord. 6538 § 21, 2022)
Unless otherwise conditioned, a permit or variance granted pursuant
to the provisions of this chapter shall be transferable upon a change
of ownership of the site, business, service, use or structure, provided
that the use and conditions of the original permit or variance are
fully complied with and not modified or enlarged.
(Ord. 5428 § 1, 2014)
