This chapter lists the approvals required by this title, describes
how applications shall be processed by the Planning Department, and
what information must be included with an application. This chapter
also sets time limits for application processing, the establishment
of approved land uses, commencement of construction and project completion.
Chapter 9-3 of this title determines what entitlement is required
within a given zoning district to enable establishment of a land use
which is allowed by this title.
(Ord. 68 § 9-2.101, 1983)
Within the time periods specified by subsections (a) and (b)
of this section, the Community Development Director or designee shall
determine whether an application includes the information required
by this chapter, and shall notify the applicant if the application
is incomplete. The applicant shall be informed by a letter that the
application is incomplete and that additional information, specified
in the letter, must be provided to make the application complete.
(a)
Plot
Plans. A plot plan application shall not be accepted for processing
unless it is determined to be complete at the time of filing;
(b)
Precise
Plans and Conditional Use Permits. The timeframe for determination
of completeness shall be consistent with the State of California's
Permit Streamlining Act. In the event that the Director or designee
does not make such a determination, the application shall be considered
complete and processing of the environmental document required by
the California Environmental Quality Act (CEQA) shall commence.
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When an applicant is notified that a submitted application is incomplete, the time used by the applicant for preparation and submittal of the required additional information shall not be considered part of the period within which the Director or designee must complete the determination of completeness. The time available to an applicant for preparation and submittal of additional information is limited by Section 9-2.121.
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(Ord. 68 § 9-2.102, 1983; Ord. 524 § 2, 2008)
The Planning Director may find that unusual characteristics
of a project site or the nature of a project make it infeasible or
unnecessary for the applicant to submit all of the information for
an application required by this title. In such cases, the Planning
Director may waive or reduce the requirements if it is also found
that the absence of such information will not reduce the ability of
the Planning Director to evaluate the compliance of the proposed project
with the standards of this title.
(Ord. 68 § 9-2.103, 1983)
Planning Department review of applications may include notification
of the agencies listed below when required by this title or when otherwise
deemed necessary by the Planning Director. The purpose of the notification
is to inform interested agencies of proposed projects which may affect
their jurisdictions so that such agencies may provide comments on
project proposals.
(a)
Air
Pollution Control District (APCD). To be notified of applications,
except for single-family residences and business licenses, which propose
to establish, construct, modify, alter or replace any article, machine
equipment or continuance which involves combustion or use of hydrocarbons
or other air contaminants;
(b)
City
Engineering Department. To be notified of applications regarding matters
of drainage, flood hazards, water and sewer facilities, public street
access and improvements;
(c)
City
Fire Department. To be notified of applications regarding matters
of fire protection;
(d)
Regional
Water Quality Control Board. To be notified of applications, except
for single-family residences and business licenses, which may affect
ground water quality because of proposed methods of disposal, large
volumes of waste-water, or disturbance of natural soil contours.
(Ord. 68 § 9-2.104, 1983)
Whenever a proposed project involves multiple uses, project
approval may be obtained by a single application for the highest entitlement
level required for any of the individual uses. For example, a commercial
center of several stores, proposed to contain a use requiring conditional
use permit approval, and two uses requiring plot plan approval, may
be authorized by a single conditional use permit.
(Ord. 68 § 9-2.105, 1983)
(a)
Purpose of Review. The Planning Department reviews business license applications to verify compliance with City regulations, as required by Title 6 of this Code. These standards are applicable to business license applications that:
(b)
Standards
for Business License Clearance.
(1)
New Licenses. Approval of new business license applications reviewed
by the Planning Department shall satisfy the following criteria:
(i)
Use. The proposed use is allowed in the zoning district in which
the use is to be located.
(ii)
Structure. The structure conforms to all applicable requirements
of Title 8, as evidenced by a certificate of occupancy.
(iii)
Violation. The proposed site and any structures or land uses
existing on the site shall not be in violation of any applicable provision
of this title except for nonconforming uses pursuant to Chapter 9-7.
(2)
Reuse of Existing Structures. Approval of a business license application
that proposes establishment of a different business in an existing
building or structure shall be subject to the provisions of subsection
(b)(1) of this section, and in addition shall be subject to the following:
(3)
New Uses. Approval of a business license for the first occupancy
of a new building or structure shall require compliance with all provisions
of this title.
(Ord. 68 § 9-2.106, 1983)
(a)
Purpose. The Design Review Committee is established to implement
the goals and policies of the General Plan. The intent is to ensure
that the physical design of new development meets the following objectives:
(1)
Maintaining the rural character and identity of Atascadero;
(2)
Enhancing the appearance and character of the City by reviewing
the architecture and site plans for commercial, office, industrial,
single-family residential subject to CEQA, and multifamily or mixed-use
residential projects that are requesting a discretionary approval
or exception;
(3)
Ensuring that development is compatible with surrounding uses
and improvements by requiring building designs that provide appropriate
visual appearance and site plans to mitigate neighborhood impacts.
(b)
Design Review Committee—Composition. The City Council shall
appoint the Design Review Committee. The Design Review Committee shall
consist of the following:
(c)
Terms of Service. The Design Review Committee members from the City
Council and Planning Commission shall serve a two year term. This
service term shall commence at the date of appointment. The at large
member resident shall have a service term of two years. This term
shall begin at the date of appointment by the City Council.
(d)
Authority. The Design Review Committee has the authority to approve
and make recommendations to the review authority (Director, Planning
Commission, or City Council, depending on the project) in regards
to the architectural appearance, signage, site plan, and landscape
plan of the following projects:
(1)
All multifamily residential and mixed-use projects that do not comply with Section 9-4.130 (Multifamily and Mixed-Use Building Design Standards) or that require discretionary action;
(2)
All nonresidential projects, including commercial, office, and
industrial, unless determined to be minor and incidental by the Community
Development Director;
(3)
Public facility projects and buildings located in a highly visible
area;
(4)
Development in an open space zoning district;
(5)
Development projects requiring a conditional use permit, zone
change (including requests for a planned development overlay zone),
or general plan amendment.
(e)
Meeting. The Design Review Committee shall convene as needed. This
meeting shall be open to the public and consist of a quorum of the
Committee, the Community Development Director or their designee, and
pertinent City staff members.
(f)
Appearance Review Approval. The Design Review Committee shall take
into consideration the following criteria in either approving or endorsing
the design of a project, or making recommendations for projects that
require Planning Commission and/or City Council approval. The Design
Review Committee may require or recommend additional conditions of
approval. The following is a list of criteria that the Design Review
Committee shall take into consideration:
(1)
Project design consistency with the goals and policies established
by the General Plan;
(2)
Project design consistency with the guidelines and standards
for development set forth in the Atascadero Municipal Code and by
the Appearance Review Manual;
(3)
Finding that the proposed development plan is compatible with,
and is not detrimental to, surrounding land uses, and improvements
provide appropriate visual appearance.
(g)
Determination.
(1)
The Community Development Director shall provide the applicant
with correspondence regarding the outcome of the meeting, including
any additional recommendations or conditions of approval that are
required or recommended by the Committee.
(h)
Compliance. All requirements imposed by the Design Review Committee
shall be incorporated into a building permit and completed prior to
permit final, unless altered by the decision-making body. Failure
to comply with the requirements of the Design Review Committee for
projects over which they have approval authority constitutes a violation
of this code.
(i)
Appeals. Appeals of final decisions from the Design Review Committee, where the committee acts as the decision-making body, shall be made to the Planning Commission and filed within 14 days of the Design Review Committee's decision. Any additional appeals shall be consistent with Section 9-1.111 of this chapter. If the Design Review Committee cannot reach a decision on a design review issue, the Committee may refer this issue to the Planning Commission.
(Ord. 552 § 2, 2010; Ord. 635 § 5, 2020; Ord. 671, 6/25/2024)
A plot plan is a ministerial approval. When a plot plan is required by this title to authorize a project proposal, its approval certifies that the land use or development will satisfy all applicable provisions of this title. Plot plan approval is required when a development or use of land is listed in a particular zoning district as an allowable use and when it is determined by the Planning Director that the development project, or the establishment of a use of land which is not a development project, is eligible for a categorical exemption pursuant to Public Resources Code Section 21084 and the State EIR Guidelines. Approval of a plot plan enables issuance of a building permit under Title 8 of this code, or the establishment of a land use which does not require a building permit, but is still subject to the standards of this title.
(a)
Plot Plan Application. Plot plan applications shall include the forms provided by the Planning Department, and the drawings listed in subsection (b) of this section. Drawings must be neatly and accurately prepared and at a scale acceptable to the Planning Director which will enable ready identification and recognition of submitted information.
(b)
Plot
Plan Content. Drawings filed with plot plan applications shall include
the following, using multiple sheets if necessary:
(1)
Site Location and Dimensions. Location, exterior boundaries and dimensions
of the entire property which is the subject of the application shall
be depicted. The scale of the drawing and a north arrow shall be indicated.
An area location map showing the proposed project site and its distance
from nearby cross streets, and natural or man-made landmarks, as necessary
to readily locate the site, may be included.
(2)
Street Improvements. The location, name, width, and pavement type
of adjacent street(s) or alleys as well as the location of existing
or proposed curbs, gutter or sidewalk improvements, if any, shall
be indicated.
(3)
Buildings and Structures. The location, dimensions, and use of all
existing and proposed structures on the property, including accessory
structures, decks, balconies, fences, walls and other structural elements
that protrude into yard areas shall be indicated. When the use of
a proposed structure is not certain at the time of application, the
occupancy-type as defined by the Uniform Building Code may be substituted
for use. The height of buildings and structures and elevations (relative
height) of the finish floor to the edge of the pavement or road at
the driveway entrance shall be shown.
(4)
Utilities. The location, dimensions and type of utilities proposed
including water supply, sewage disposal facilities, electricity, gas
or similar shall be shown.
(5)
On-Site Improvements. The location and dimensions of existing or
proposed driveways and parking areas (enclosed or open), including
type of surfacing materials, and identification of any driveway grades
over 12% shall be made. The location and dimensions of areas proposed
for grading and landscaping shall also be indicated.
(6)
Landforms. The generalized location of any major topographic or man-made
features on the site, such as rock outcrops, bluffs, streams and watercourses,
or graded areas shall be shown.
(7)
Additional Information. Shall be included with plot plan applications
in the following specific cases:
(iii)
Sign Information. When any use is proposed to have signs, a
description of their location, size, design and copy shall be provided;
(iv)
Trees. Applications shall show the location of trees existing on
the site in or within 50 feet of the area proposed for grading or
other construction, which are eight inches or larger in diameter at
four feet above natural grade. Trees proposed to be removed shall
be specifically identified. Any tree removal is subject to the requirements
of Chapter 9-11.
(c)
Plot
Plan Review and Approval. The Planning Director shall approve a plot
plan application when the proposed project or use satisfies all applicable
provisions of this title.
(Ord. 68 § 9-2.107, 1983; Ord. 552 § 2, 2010; Ord. 614 § 4, 2017)
(a)
Precise plan approval is required when a development or use of land
is listed in a particular zoning district as an allowable use and
when it is determined by the Community Development Director that the
development project, or the establishment of a use of land which is
not a development project, is not eligible for a categorical exemption
pursuant to Public Resources Code Section 21084 and the State EIR
Guidelines. Precise plans consider the greater effects such uses may
have upon their surroundings, and the characteristics of adjacent
uses which could have detrimental effects upon a proposed use. The
preparation and processing of a precise plan shall be as follows:
(b)
Precise Plan Content. Precise plan applications shall include, as
may be necessary, site plans, written descriptions of activities to
be conducted, technical studies of site characteristics, and any other
materials set forth on the application form or otherwise prescribed
by City policy.
(c)
Review and Approval. The Community Development Director shall approve a precise plan application at the end of the public notice period when the proposed project or use satisfies all applicable provisions of this title. The approval shall become effective for the purpose of issuance of a building or grading permit, or establishment of a use not involving construction, 14 days after approval, unless an appeal is filed with the Planning Department as set forth in subsection (d) of this section.
(Ord. 68 § 9-2.108, 1983; Ord. 149 § 2, 1987; Ord. 170 § 2, Exh. A, 1988; Ord. 552 § 2, 2010; Ord. 671, 6/25/2024)
(a)
The conditional use permit is the process used to review land use
proposals of a nature or magnitude which could significantly affect
their surroundings. Such land use proposals include:
(1)
Uses that are shown as conditional uses in a particular zoning
district; or
(2)
Multifamily and mixed-use residential developments, even if such a development is listed as an allowed use in a particular zoning district, if the proposed development is not compliant with Section 9-4.130 (Multifamily and Mixed-Use Building Design Standards), and/or if the project includes 50 or more dwelling units.
(3)
Nonresidential development containing 50,000 square feet or
more of building footprint area, even if such a development is listed
as an allowable use in a particular zoning district; or
(4)
Outdoor commercial and industrial sales and storage developments
as defined by Section 9- 9.102 of 10,000 square feet or more, even
if such a development is listed as an allowable use in a particular
zoning district.
(b)
Because of the intensity or specific characteristics of such uses,
public review and input into decisions on whether to approve such
proposals is needed. That input is given in a public hearing before
the Planning Commission. The conditional use permit is a discretionary
approval and the Planning Commission may approve or disapprove a conditional
use permit or may adopt additional conditions of approval. Conditional
use permit applications may be denied by the Planning Commission because
of specific findings identified through public hearing testimony or
because of provisions of this title. When conditional use permit approval
is required, preparation and processing of the application shall be
as follows:
(1)
Conditional Use Permit Content. Applications shall be made to
the Community Development Department in the form prescribed by the
Community Development Director or their designee, including, as may
be necessary, site plans, written descriptions of activities to be
conducted, technical studies of site characteristics, and any other
materials set forth on the application form or otherwise prescribed
by City policy.
(2)
Approval. The authority to take final action on a conditional use permit as set forth in this subsection is assigned to the Planning Commission, provided that such decisions may be appealed to the City Council (Section 9-1.111, Appeal), and unless combined with other applications requiring City Council approval.
(i)
Conditions of Approval. After the conclusion of a public hearing,
the Planning Commission may approve, conditionally approve, or disapprove
the conditional use permit. In conditionally approving a conditional
use permit, the Planning Commission shall designate such conditions
to satisfy any requirements of CEQA, and to:
(ii)
Additional Conditions. In addition to the conditions
of subsection (b)(3)(i) of this section, the Planning Commission may
adopt other conditions, including, but not limited to:
a.
Requiring that security be provided to guarantee performance and/or compliance with conditions of approval, as set forth in Section 9-2.121;
b.
Requiring installation of specific on-site or off-site improvements;
c.
Requiring periodic review or limiting the permit to a specified
period of time;
d.
Requiring that the permit be personal to the applicant or be
applicable to the property;
e.
Any other conditions as are judged by the Planning Commission
to be necessary to achieve compatibility between the proposed use
and its site, its immediate surroundings, and the community.
(iii)
Effect of Conditions. Whenever a conditional use permit approval is granted or amended subject to conditions, use or enjoyment of the conditional use permit approval in violation, or without observance of any conditions shall constitute a violation of this title. In the event of such a violation, the approval may be revoked or modified as provided in Section 9-8.105. The duration of conditions is established in Section 9-2.118. Any change in the conditions of approval of a conditional use permit shall only be allowed after following all procedures undertaken for the original approval.
(iv)
Required Findings. The following findings must
be made to approve a Conditional Use Permit:
a.
The proposed project or use is consistent with the General Plan;
and
b.
The proposed project or use satisfies all applicable provisions
of this title; and
c.
The establishment, and subsequent operation or conduct of the
use will not, because of the circumstances and conditions applied
in the particular case, be detrimental to the health, safety or welfare
of the general public or persons residing or working in the neighborhood
of the use, or be detrimental or injurious to property or improvements
in the vicinity of the use; and
d.
The proposed project or use will not be inconsistent with the
character of the immediate neighborhood or contrary to its orderly
development; and
e.
The proposed use or project will not generate a volume of traffic
beyond the safe capacity of all roads providing access to the project,
either existing or to be improved in conjunction with the project,
or beyond the normal traffic volume of the surrounding neighborhood
that would result from full development in accordance with the land
use element; and
f.
The proposed project is in compliance with any pertinent City
policy or criteria adopted by ordinance or resolution of the City
Council; and
g.
Any additional findings deemed necessary or listed within specific
code sections.
h.
For a project that is defined as a "Housing Development Project"
by the Housing Accountability Act (California Government Code Section
65589.5(h)(2)), the reviewing body must approve or conditionally approve
the project unless it makes one of the following findings supported
by a preponderance of the evidence in the record:
1.
The project does not comply with all applicable
objective General Plan, Zoning Regulations, Subdivision, and development
standards including objective design review standards.
2.
The project would result in a specific adverse impact
to public health and safety that cannot be feasibly mitigated without
denying the project or reducing its density. As used in this section,
a "specific, adverse impact" is defined by California Government Code
Section 65589.5(j) and means a significant, quantifiable, direct,
and unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions as they existed
on the date the application was deemed complete.
3.
Effective Date. The approval of a conditional use permit shall become final and effective for the purposes of issuing a construction permit or establishing a nonstructural use 14 days following the Planning Commission approval unless prior to that time an appeal to the decision is filed as set forth in Section 9-1.111(b).
4.
Types of Conditional Use Permits. The City has established three levels of use permit review related to project scale: Minor, Standard, and Major, with fees established for each by resolution of the City Council. Each type of conditional use permit shall follow the review process outlined in this Subsection 9-2.110(b).
(Ord. 68 § 9-2.109, 1983; Ord. 149 § 2, 1987; Ord. 170 § 2, Exh. A, 1988; Ord. 552 § 2, 2010; Ord. 614 § 4, 2017; Ord. 671, 6/25/2024)
A land use or development project authorized through a zoning
approval shall be developed or established only as shown on the project
plans approved as part of the application. Deviation of the project
design or construction from the approved plans may occur only as follows:
(a)
Except as provided by subsection (b) of this section, a feature of the use or project which is subject to the standards of Chapters 9-4 and 9-6 may be modified provided that the change requested is in conformity with the standards of this title. Such change shall be requested in writing with appropriate supporting materials and explanation of the reasons for the request. The Planning Director may approve a requested change upon verification of its conformity with this title, provided that such approval shall not modify the effective date of the approval (Section 9-2.112).
(b)
In
the case of a project feature which is subject to conditions of approval
of a conditional use permit, or was a specific consideration in the
approval of a conditional use permit, a new conditional use permit
approval shall be obtained.
(Ord. 68 § 9-2.112, 1983; Ord. 552 § 2, 2010)
(a)
An approved plot plan is valid for the time limits established by Title 8 governing building permits. An approved precise plan or conditional use permit, when not part of a planned development with an approved corresponding tentative map, is valid for 24 months after its effective date, unless otherwise provided by adopted conditions. At the end of the 24 months the approval shall expire and become null and void unless:
(b)
If
a conditional use permit has been approved as part of a planned development
with a corresponding tentative map, the life of the conditional use
permit shall run with the map and shall only expire if the map expires.
Time extensions for the map shall also extend the time of the corresponding
conditional use permit. Conditional use permits which correspond with
a tentative map shall remain active and shall not expire once the
map is recorded. This provision shall apply retroactively and, as
a result, any conditional use permit which expired prior to the effective
date of the ordinance codified in this section, but which was approved
as part of a planned development with a corresponding tentative map
that is still active, shall no longer be considered expired but shall
instead be deemed active and subject to expiration only if and when
the corresponding map expires without having been recorded.
(c)
Endorsement
or approval by the Design Review Committee shall be valid for a period
of 12 months, unless otherwise provided by adopted conditions. At
the end of the 12 months, the endorsement/approval shall expire and
become null and void unless:
(1)
A complete construction permit for the majority of the development
has been applied for and has not expired;
(3)
An extension has been granted consistent with the following:
(i)
The Planning Director may grant two six month extensions. Additional
exceptions may be granted by the Design Review Committee.
(ii)
An extension shall be requested in writing on or before the date
of expiration of the approval/endorsement.
(iii)
The following findings shall be made to grant an extension:
a.
There have been no changes to the provisions of the General Plan
or zoning regulations applicable to the project since the approval/endorsement
of the project; and
b.
There have been no changes in the character of the site or its surroundings
which affect how the standards of the General Plan or zoning regulations
apply to the project.
(d)
Nothing
in this title shall be construed as affecting any time limits established
by Title 8 of this code regarding work authorized by a building permit
or other construction permit issued pursuant to Title 8, or time limits
relating to the expiration of such permit.
(Ord. 68 § 9-2.113, 1983; Ord. 524 § 2, 2008; Ord. 547 §2, 2009; Ord. 552 § 2, 2010; Ord. 646 § 11, 2021)
When all required construction permits have been obtained and construction has begun, substantial site work toward establishing the authorized use shall be deemed to have been performed and project construction may be completed subject to Section 9-2.118 when:
(a)
Projects
Involving the Construction of Buildings. Site work has progressed
beyond grading and completion of structural foundations and construction
is occurring above grade within 12 months of the effective date of
the zoning approval or date of approval of an extension of zoning
approval, and construction continues with reasonable progress and
no interruption greater than 180 consecutive days, provided that:
(1)
Single Construction Period Projects. When no extended project phasing
schedule has been authorized substantial work shall be performed for
all proposed buildings;
(2)
Phased Projects. Where a project phasing schedule has been approved,
construction permits shall be obtained and substantial work shall
be performed on at least one approved building.
(Ord. 68 § 9-2.114, 1983; Ord. 552 § 2, 2010)
A development project is considered completed when:
(a)
A certificate of occupancy has been issued by the Building Official verifying that all structures, site improvements and/or off-site work has been completed and any bonds (Section 9-2.121) guaranteeing site improvements have been released;
(b)
When
the Planning Director verifies that a use or activity not involving
a building or grading permit is occurring on the subject site in accordance
with all applicable provisions of this title and any adopted conditions.
(Ord. 68 § 9-2.115, 1983; Ord. 552 § 2, 2010)
Multiple building projects (including but not limited to apartment
or office complexes and shopping centers) may be granted certificates
of occupancy for individual completed buildings in advance of completion
of the entire project when:
(b)
The
Planning Director determines that the completed structures are capable
of functioning independently from structures remaining to be completed;
(c)
Occupancy
of individual structures will not inhibit the completion of the total
project;
(d)
Partial
occupancy during completion will not have a potential adverse effect
on persons in the area or nearby properties; and
(Ord. 68 § 9-2.116, 1983; Ord. 552 § 2, 2010)
In the case of projects where all structures are complete, but
improvements required by this title or adopted conditions (including,
but not limited to, landscaping, curb and gutter, paving, etc.) are
not complete, a certificate of occupancy may be issued, provided that:
(b)
The
Planning Director determines that such buildings can function safely
in advance of the completion of the lacking site improvements; and
(Ord. 68 § 9-2.117, 1983; Ord. 552 § 2, 2010)
(a)
Initial Extension. The Planning Director may grant a one year extension to the time limit for any entitlement (Section 9-2.112). Such extension shall be requested in writing on or before the date of expiration of the entitlement. The Planning Director shall grant an extension only after finding that:
(1)
There have been no changes to the provisions of the General Plan
or zoning regulations applicable to the project since the approval
of the entitlement; and
(2)
There have been no changes in the character of the site or its surroundings
which affect how the standards of the General Plan or zoning regulations
apply to the project.
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Disapproval of a requested extension by the Planning Director may be appealed to the Planning Commission as set forth in Section 9-1.111(a).
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(b)
Continuing
Extensions. The Planning Commission may grant additional extensions
after an initial extension, provided that each such extension shall
not exceed one year. Continuing extension may be granted when the
applicant has filed a written request with the Planning Department
on or before the date of expiration of the initial extension, and
provided that the Planning Commission makes the following findings:
(1)
That substantial site work could not be completed as set forth in Section 9-2.113 because of circumstances beyond the control of the applicant; and
(2)
The findings specified in Section 9-2.117(a).
(Ord. 68 § 9-2.118, 1983; Ord. 552 § 2, 2010)
In the event that any of the circumstances listed in this section
occur, an entitlement shall be deemed to have lapsed. No use of land
or structure, the entitlement for which has lapsed pursuant to this
section, shall be reactivated, reestablished, or used unless a new
entitlement is first obtained.
(a)
Completed Projects. When a project has been completed or an authorized use not involving construction has been established (Section 9-2.114), the entitlement which authorized the project shall retain valid and in force, including any conditions of approval adopted in connection therewith, unless:
(1)
An approved use or structure authorized through plot plan approval
is removed from the site, and the site remains vacant for a period
exceeding six consecutive months, in which case the plot plan approval
shall lapse;
(2)
The circumstance described in subsection (b) of this section occurs,
in which case conditional use permit approval shall lapse;
(3)
A use or structure authorized through precise plan or conditional
use permit approval remains vacant and unused for its authorized purpose,
or is abandoned or discontinued for a period greater than 24 consecutive
months; or
(b)
Condition
Declared Void. The conditional use permit shall cease to be valid
in the event that a judgment of a court of competent jurisdiction
declares one or more of the conditions of a conditional use permit
approval to be void or ineffective, or enjoining or otherwise prohibiting
the enforcement or operation of one or more of such conditions.
(Ord. 68 § 9-2.119, 1983; Ord. 524 § 2, 2008; Ord. 552 § 2, 2010)
Any conditional use permit application which is automatically
approved, pursuant to Section 65956 of the Government Code, shall
be subject to all applicable provisions of this title, which provisions
must be satisfied by the applicant prior to any construction permit
being issued.
(Ord. 68 § 9-2.120, 1983; Ord. 552 § 2, 2010)
(a)
Any
application received and processed shall be deemed withdrawn if it
has been held in abeyance or continuance, awaiting the submittal of
additional required information by the applicant, and if the applicant
has not submitted such information within 12 months of the last written
notification to the applicant requesting additional information in
advance of either a decision to accept the application for processing
or review by the Planning Commission or City Council, to which the
applicant has not responded.
(b)
When
an application is deemed withdrawn, or has been withdrawn by the applicant,
the Community Development Director or designee shall return the entire
application package to the applicant, including accompanying information
and any portion of the filing fee not used in processing up to the
point of withdrawal. The return application shall also be accompanied
by a letter explaining the requirements for refiling. A withdrawn
application may be refiled at any time, provided that it shall be
received and processed as a new application.
(Ord. 68 § 9-2.121, 1983; Ord. 524 § 2, 2008; Ord. 552 § 2, 2010)
When required by the provisions of this title, or by condition
of approval of a conditional use permit, appropriate security or guarantees
shall be provided by the applicant as set forth in this section. A
bond, cash deposit or other acceptable security is used to guarantee
the proper completion of required improvements, drainage facilities,
grading, revegetation, site restoration after use, reclamation and/or
the removal of structures, equipment or other materials, preservation
of certain site features, or compliance with other provisions of this
title or adopted conditions of approval. The Planning Director may
determine that a project is not eligible to provide a bond, cash deposit,
or similar security to guarantee the completion of uncompleted work
if such work is minor in nature, can be reasonably completed in a
short time, or is otherwise inappropriate for such performance guarantees.
The guarantee shall be a bond, cash deposit or other acceptable security
unless otherwise provided in Chapter 9-6. The use of the terms bond,
cash deposit, guarantee and security in this section shall all mean
guarantees of performance.
(a)
Posting.
The guarantee is to be posted with the Planning Department, with the
City named as beneficiary.
(b)
Form
of Bond. A surety bond or other guarantee shall be in a form approved
by the City Attorney, including default provisions, and shall provide
that, in the event suit is brought upon the bond by the City and judgment
is recovered, the surety shall pay all costs incurred by the City
in such suit, including reasonable attorneys' fees to be fixed by
the court.
(c)
Amount
of Bond. The guarantee is to be of an amount established by the Planning
Director equal to the actual cost of completing the specified improvements,
restoration, or satisfying conditions of approval; provided, however,
that where a guarantee is required by conditional use permit condition
of approval to preserve identified site features, the guarantee is
to be in such amount as the Planning Commission deems necessary to
assure compliance with the applicable condition.
(d)
Release
of Bond. At the request of an applicant, or before the expiration
of a bond or guarantee, the Planning Director will review the project
and issue a completion statement if all provisions of this title and
conditions of approval have been met. Upon issuance of the completion
statement, the guarantee bond or cash deposit will be released. If
the Planning Director determines that the project does not meet the
applicable requirements, the applicant shall be notified in writing
of such deficiencies. A time period for their correction shall be
mutually agreed upon by the applicant and the Planning Director, with
the security being held until all such requirements are satisfied.
Where no agreement is reached following written notification by the
Planning Director, or where an agreed time period for completion is
exceeded, the bond shall be called.
(Ord. 68 § 9-2.122, 1983; Ord. 552 § 2, 2010)
Projects defined as "housing development projects" by Government Code Section 65589.5(h)(2) are subject to unique regulations, including review timeframes, a limit on the number of public meetings, and specific findings in case of denial or a reduction in density. If conflicts occur between other procedures in Title 9 and the procedures of Government Code Section 65589.5(h)(2), Government Code Section 65589.5(h)(2), as it may be amended from time to time, control.
(Ord. 671, 6/25/2024)
