A. 
Procedures. This chapter provides procedures and requirements for the preparation, filing, initial processing, and review of applications for the land use entitlements required by this Zoning Code.
B. 
Discretionary Land Use Entitlements. Receiving approval of a discretionary land use entitlement identified in this article is considered a privilege, not a right. The applicable review authority shall make the required findings in a positive manner before approving the application.
C. 
Failure to Follow Requirements. Failure to follow the procedural requirements shall not invalidate City actions taken, in the absence of a clear showing of intent not to comply with this Zoning Code.
(Ord. 19-03 § 3, 2019)
Table 5-01 (Review Authority) identifies the City official or authority responsible for reviewing and making decisions on each type of application or land use entitlement required by this Zoning Code.
Table 5-01: Review Authority
Type of Entitlement or Decision
Chapter
Director (1)
Planning Commission
City Council
Legislative Actions
Development Agreements
17.62
 
Recommend
Decision
Development Agreement Amendments
17.62
Decision
 
Appeal/Call for Review
General Plan Amendments
17.64
 
Recommend
Decision
Specific Plans and Specific Plan Amendments
17.58
 
Recommend
Decision
Zoning Code Amendments
17.58
 
Recommend
Decision
Zoning Map Amendments
17.58
 
Recommend
Decision
Planning Permits and Approvals and Administrative Actions
Administrative Use Permits
17.32
Decision
Appeal
Appeal/Call for Review
Conditional Use Permits
17.32
 
Decision
Appeal/Call for Review
Covenants for Easements
17.34
 
Recommend
Decision
Home Occupation Permits
17.36
Decision
Appeal
Appeal/Call for Review
Local Landmarks Designation
17.38
 
Decision
Appeal/Call for Review
Local Landmarks Alteration—Director Review
17.38
Decision
Appeal
Appeal/Call for Review
Local Landmarks Alteration—Planning Commission Review
17.38
 
Decision
Appeal/Call for Review
Minor Modifications
17.40
Decision
Appeal
Appeal/Call for Review
Reasonable Accommodation
17.42
Decision
Appeal
Appeal/Call for Review
Site Development Permit—Major
17.44
 
Decision
Appeal/Call for Review
Site Development Permit—Minor
17.44
Decision
Appeal
Appeal/Call for Review
Temporary Use Permits
17.46
Decision
Appeal
Appeal/Call for Review
Variances
17.48
 
Decision
Appeal/Call for Review
Zoning Consistency Review
17.50
Decision
Appeal
Appeal/Call for Review
Notes:
1
The Director may defer action on entitlement applications and refer the item(s) to the Planning Commission for final decision.
(Ord. 19-03 § 3, 2019)
A. 
Application Contents. Applications for amendments, entitlements, and other matters pertaining to this Zoning Code shall be filed with the Development Services Department in the following manner:
1. 
The application shall be made on forms furnished by the Department.
2. 
The necessary fees shall be paid in compliance with the City's fee resolution.
3. 
The application shall be accompanied by the information identified in the Department handout for the particular application. The requested information may include exhibits, maps, materials, plans, reports, and other information required by the Department that describe clearly and accurately the proposed work, its potential environmental impact, and its effect on the terrain, existing improvements, and the surrounding neighborhood.
4. 
Acceptance of the application does not constitute an indication of approval by the City.
B. 
Pre-Application Conference.
1. 
A prospective applicant is strongly encouraged to request a pre-application conference with the Director or designee before completing and filing a permit application required by this Zoning Code.
2. 
The purpose of a pre-application conference is to generally:
a. 
Inform the applicant of City requirements as they apply to the proposed project;
b. 
Discuss the City's review process, possible project alternatives, or modifications; and
c. 
Identify information and materials the City will require with the application, including any necessary technical studies and information anticipated for the environmental review of the project.
3. 
Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as either a recommendation for approval or denial of the application or project by the City's representative.
4. 
Failure of the City's representative to identify all required studies or all applicable requirements at the time of pre-application review shall not constitute a waiver of those studies or requirement.
C. 
Eligible Applicants. Applications shall be made by the owners of a property or their agents with the written consent of the owner.
D. 
Concurrent Application Filing and Processing.
1. 
An applicant for a development project that requires the filing of more than one application shall file related applications concurrently, unless waived by the Director, and shall submit appropriate processing fees as set forth by Council resolution.
2. 
Permit processing and environmental review shall be concurrent, and the final decision on the project shall be made by the appropriate review authority in compliance with Table 5-01 (Review Authority).
E. 
Applicant's Responsibility. It shall be the responsibility of the applicant to establish the evidence in support of the findings required by the applicable sections entitled "Findings and Decision."
F. 
Application Not Eligible for Filing.
1. 
If the Director determines that the application is not eligible for filing because it lacks the proper components for the granting of the application (e.g., a request for a zoning map amendment or tentative map that could not be granted in absence of a required General Plan Amendment application, a request for a Conditional Use Permit allowing a use that is not allowable in the subject zoning district, etc.), the applicant shall be so informed.
2. 
If the application is subsequently filed and the required fee(s) paid, the fact that the applicant was so informed shall be noted on the application and the signature of the applicant shall constitute verification of being informed.
3. 
Acceptance of the application does not constitute an indication of approval by the City.
G. 
Filing Date. The filing date of an application for any non-legislative permit or action shall be the date on which:
1. 
The Department receives the last submission, map, plan, or other material required as a part of that application by subsection A (Application Contents) of this section; and
2. 
The application is deemed complete by the Director in compliance with Section 17.62.060 (Preapplication Review).
(Ord. 19-03 § 3, 2019)
A. 
Filing Fees Required.
1. 
The Council shall, by resolution, establish a schedule of fees for amendments, entitlements, and other matters pertaining to this Zoning Code, referred to as the City's fee resolution or schedule of fees.
2. 
The schedule of fees may be changed or modified only by resolution of the Council.
3. 
The City's processing fees are cumulative (e.g., if an application for a parcel line adjustment also requires a minor modification, both fees shall be charged).
4. 
Processing shall not commence on an application until required fees have been paid.
5. 
Without the application fee, the application shall not be deemed complete.
6. 
As a matter of policy, the Council may waive certain fees for nonprofit organizations.
B. 
Refunds and Withdrawals.
1. 
Recognizing that filing fees are utilized to cover City costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, refunds due to a disapproval are not allowed.
2. 
In the case of a withdrawal, the Director may authorize a partial refund based upon the pro-rated costs to date and determination of the status of the application at the time of withdrawal. The Council may establish a refund schedule in the City's fee resolution.
(Ord. 19-03 § 3, 2019)
A. 
Burden of Proof. The burden of proof to establish the evidence in support of the required finding(s) for any permit or approval in compliance with these Zoning Regulations is the responsibility of the applicant.
B. 
Precedence.
1. 
Each permit or approval shall be evaluated on a case-by-case basis.
2. 
The granting of a prior permit or approval, or the denial of a permit, either on the subject property or any other property within the City does not create a precedent and is not justification for the granting or denial of a new permit under current review.
(Ord. 19-03 § 3, 2019)
Applications filed with the Department shall be initially processed as follows:
A. 
Completeness Review. The Director, or designee, shall review applications for completeness and accuracy before they are accepted as being complete and officially filed. This shall include information required for the environmental review of the project in compliance with Section 17.30.070 (Environmental Compliance).
1. 
The applicant shall be informed in writing within 30 days of submittal either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided.
2. 
Where the Director has determined that an application is incomplete and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the determination in compliance with Chapter 17.60 (Appeals). Any such appeal shall stay the timeline for determining the application to be complete.
3. 
When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by subsection (A)(4) of this section.
4. 
Expiration of Application.
a. 
If a pending application is not able to be deemed complete within 180 days after the first filing with the Department, the application shall expire and be deemed withdrawn.
b. 
The Director may grant one 180-day extension, provided the applicant requests an extension in writing prior to expiration of the application submittal period.
c. 
After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.
B. 
Referral of Application. At the discretion of the Director, or where otherwise required by this Zoning Code, State, or Federal law, an application may be referred to a public agency that may be affected by or have an interest in the proposed/requested land use activity.
(Ord. 19-03 § 3, 2019)
A. 
CEQA Review. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine whether:
1. 
The proposed project is exempt from the requirements of CEQA;
2. 
The proposed project is not a project as defined by CEQA;
3. 
A negative declaration or mitigated negative declaration may be issued; or
4. 
An environmental impact report (EIR) shall be required.
B. 
CEQA Guidelines. These determinations and, where required, the preparation of EIRs, shall be in compliance with the State CEQA Guidelines.
C. 
Special Studies Required. One or more special studies, paid for in advance by the applicant, may be required to complete the City's CEQA compliance review. These studies shall become public documents and neither the applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents' availability to the public.
(Ord. 19-03 § 3, 2019)
A. 
Application Evaluation. The Director shall review applications to determine whether they comply and are consistent with the provisions of this Zoning Code, other applicable provisions of the Municipal Code, the General Plan, applicable Specific Plan, and CEQA.
B. 
Staff Report Preparation. For those application approvals requiring a public hearing, a staff report shall be prepared describing the conclusions about the proposed land use and development as to its compliance and consistency with the provisions of the Zoning Code, other applicable provisions of the Municipal Code, and the actions, goals, objectives, and policies of the General Plan.
C. 
Report Distribution. Staff reports shall be furnished to applicants at the same time that they are provided to the members of the Commission and/or Council before a hearing on the application.
(Ord. 19-03 § 3, 2019)
A. 
Any person holding a permit or other approval granted under this title may request a modification or amendment to that permit or approval via an application provided by the Department. For the purpose of this section, the modification of a permit or approval 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 or approval.
B. 
If the Director, determines that a proposed project action substantially conforms with the original approval, the Director shall have the authority to approve the alteration or modification. Such approval shall be issued in writing.
C. 
If the Director determines that a proposed project action is not in substantial conformance with the original approval, the Director or designee shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same review authority as the original permit or approval.
D. 
A permit or approval modification may be granted only when the review authority makes all findings required for the original approval and the additional finding that there are changed circumstances sufficient to justify the modification of the approval.
E. 
Any permit or approval modification is subject to the same hearing and notice requirements as the original permit or approval.
(Ord. 19-03 § 3, 2019)