This Chapter provides procedures and requirements for the preparation, filing, and initial processing of land use permits as required by this Zoning Code.
(Ord. 1017, 2013)
Table 5-1 (Permits and Approvals) summarizes the permits and approvals required by this Zoning Code and Table 5-2 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Code.
Table 5-1 - Permits and Approvals | ||
|---|---|---|
Name of Permit | Chapter/ Section | Applicability of Permit |
Permits Required by this Zoning Code | ||
Conditional Use Permit and Minor Conditional Use Permit | 20.550 | A Conditional Use Permit is required to authorize proposed land uses specified by Article 2 (Zone-Specific Standards) as being allowable in the applicable zone, subject to the approval of a Conditional Use Permit or a Minor Conditional Use Permit. |
Home Occupation Permit | 20.515 | A Home Occupation Permit is required for home-based businesses that are conducted within a dwelling located in a residential zone, and are clearly incidental and secondary to the use of the dwelling for residential purposes and compatible with surrounding residential uses, as specified by Chapter 20.515 (Home Occupations). |
Sign Permit | 20.325 | A Sign Permit is required to allow the installation or remodeling of a sign. |
Site Plan and Design Review | 20.530 | A Site Plan and Design Review is required before construction of any structure erected in the zones identified in Article 2 (Zone-Specific Standards) and as specified in Table 5-3 (Review Authority for Site Plan and Design Review). |
Special Event Permit | 20.540 | A Special Event Permit is required to allow retail outdoor sales that occur on an episodic basis over the course of a calendar year. |
Temporary Use Permit | 20.540 | A Temporary Use Permit is required to allow short term activities that might not meet the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature. |
Zoning Clearance | 20.560 | A Zoning Clearance is required to verify a proposed land use or structure complies with the list of activities allowed in the applicable zone and the development standards applicable to the use or structure. |
Additional Permits and Approvals Available to Applicant | ||
Minor Variances | 20.555 | A Minor Variance may be requested to allow an adjustment from development standards specified in Table 5-4 (Types of Minor Variances Allowed). |
Reasonable Accommodations | 20.525 | Reasonable Accommodations provides a procedure to request a necessary adjustment to the development standards specified in this Zoning Code in order to accommodate persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (also known as the Acts) in the application of zoning laws and other land use regulations, policies, and procedures. A Reasonable Accommodation is typically an adjustment to physical design standards (e.g., setbacks) to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident. |
Variances | 20.555 | A Variance may be requested to allow an adjustment from any of the development standards required by this Zoning Code, outside those that fall under reasonable accommodations in Chapter 20.525 (Reasonable Accommodations). |
Subdivision Maps and Other Approvals | ||
Tentative Maps, Vesting Tentative Maps, Final Maps, Parcel Maps, and Map Amendments; Improvement Plans and Agreements | See Municipal Code Title 19 (Subdivisions) | |
Lot Line Adjustments, Lot Mergers, Reversions to Acreage, and Approvals | ||
Table 5-2 - Review Authority | ||||
|---|---|---|---|---|
Type of Action | Code Chapter/ Section | Role of Review Authority (1) | ||
Director (2) | Commission | Council | ||
Legislative Actions | ||||
Development Agreement and Amendments | 20.510 | Recommend | Recommend | Decision |
General Plan Amendment | 20.610 | Recommend | Recommend | Decision |
Specific Plan and Amendment | 20.535 | Recommend | Recommend | Decision |
Zoning Code Amendment | 20.610 | Recommend | Recommend | Decision |
Zoning Map Amendment | 20.610 | Recommend | Recommend | Decision |
Planning Permits and Approvals and Administrative Actions | ||||
Conditional Use Permit | 20.550 | Recommend | Decision (3) | Appeal |
Home Occupation Permit | 20.515 | Decision | Appeal | Appeal |
Interpretation or Similar Use Determination | 20.105 | Decision | Appeal | Appeal |
Minor Use Permit | 20.550 | Decision | Appeal | Appeal |
Minor Variance | 20.555 | Decision | Appeal | Appeal |
Planned Development Permit | 20.520 | |||
Reasonable Accommodation | 20.525 | Decision | Appeal | Appeal |
Sign Permit | 20.325 | Issuance | Appeal | Appeal |
Site Plan and Design Review See TABLE 5-3 for specified review thresholds | 20.530 | Decision | Decision/Appeal | Appeal |
Special Event Permit | 20.540 | Decision | Appeal | Appeal |
Temporary Use Permit | 20.540 | Decision | Appeal | Appeal |
Variance | 20.555 | Decision | Appeal | |
Zoning Clearance | 20.560 | Decision | Appeal | Appeal |
Subdivision Maps and Other Approvals | ||||
Tentative Map, Vesting Tentative Map, Final Map, Parcel Map, and Map Amendment; Improvement Plan and Agreement | See Municipal Code Title 19 (Subdivisions) | |||
Lot Line Adjustments, Lot Mergers, Reversions to Acreage, and Approvals | ||||
Notes | |
|---|---|
(1) | "Recommend" means that the review authority makes a recommendation to a higher decision making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision making body, in compliance with Chapter 20.615 (Appeals). |
(2) | The Director may consult with the Development Review Committee (DRC) in compliance with Section 20.600.060 (Development Review Committee (DRC)); defer action and refer the request to the Commission for consideration and final action; and consult with the City Attorney on any matter related to the administration of this Zoning Code. |
(3) | The final review authority for a Conditional Use Permit granting a Density Bonus, in compliance with Section 20.330.060 (Affordable Housing Density Bonus - Application Filing, Processing, and Approval) shall be the Council, with the Commission first making a written recommendation to the Council. |
(Ord. 1017, 2013)
A.
Concurrent filing. An applicant for a development project that requires the filing of more than one application (e.g., Zoning Map amendment and a Conditional Use Permit, etc.), shall file all related applications concurrently, together with all application fees required by Section 20.500.050 (Application Fees), below, unless the Director waives concurrent filing requirements.
B.
Concurrent processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or denied by the highest review authority designated by this Zoning Code for any of the applications (i.e., a project for which applications for Zoning Map Amendment and a Conditional Use Permit are filed shall have both applications decided by the Council, instead of the Commission acting upon the Conditional Use Permit as otherwise required by Table 5-2).
(Ord. 1017, 2013)
A.
Pre-application conference.
1.
A prospective applicant is encouraged to request a pre-application conference with the Director before completing and filing a land use permit application.
2.
The purpose of this conference is to generally:
a.
Inform the applicant of City requirements as they apply to a proposed project;
b.
Review the City's review process, possible project alternatives, or modifications; and
c.
Identify information and materials the City will require with the application, and any necessary technical studies and information relating to 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 any City staff.
4.
Failure by City staff to identify all required studies or all applicable requirements shall not constitute a waiver of those studies or requirements.
B.
Application contents. Each application for a permit, amendment, or other matter pertaining to this Zoning Code shall be filed with the Department on a City application form, together with all required fees and/or deposits and all other information and materials specified in the Department handout for the specific type of application and/or as specified by the Director.
C.
Eligibility for filing.
1.
The application shall be signed by the owner of record or by an authorized agent. The authorized agent and/or owner of record's signature shall be notarized by a sworn notary public.
2.
Authorized agents shall provide written authorization signed by property owner. The authorized agent and/or owner of record's signature shall be notarized by a sworn notary public.
D.
Without scope.
1.
In cases where the Director considers the reasons and conditions specified in the application not within the scope of the requested permit or approval, or that the application is incomplete, the applicant shall be so informed.
2.
If the application is filed and the required fees are accepted, the application shall be signed by the applicant and the owner of record, if the applicant is not the owner.
3.
Acceptance of the application does not constitute an indication of support or approval.
E.
Additional evidence. The City may require additional evidence and clarification from the applicant to establish that the proposed use will conform to the applicable regulations and standards specified in this Zoning Code.
(Ord. 1017, 2013)
A.
Fee schedule.
1.
The Council shall establish a schedule of fees for permits, amendments, inspections, publication of notice, and other matters pertaining to this Zoning Code, hereafter referred to as the Planning Fee Schedule. The Council shall establish the methods for determining and collecting fees and other charges.
2.
The Planning Fee Schedule shall be adopted by resolution of the Council, which may be evaluated and amended as often as determined to be necessary by the Council.
3.
Projects subject to time and materials charges.
a.
Projects which do not fit any category in the Planning Fee Schedule or which are otherwise extraordinary may be charged on a time and materials basis at the Director's sole discretion.
b.
Staff time required on a project, post entitlement, and not part of another formal application (e.g., Final Map, Site Plan and Design Review, etc.) will be recovered on a time and materials basis at the Director's sole discretion.
c.
The fees specified in the Planning Fee Schedule reflect standard processing time. Projects requiring excessive review time will be recovered on a time and materials basis at the Director's sole discretion.
B.
Timing of payment.
1.
Applications shall not be deemed complete, and processing shall not commence, on any application until all required fees or deposits have been paid. Failure to pay the applicable fees is grounds for denial of the application.
2.
Failure to timely pay supplemental requests for payment of required fees and/or deposits shall be a basis for postponement of any permit or other requested entitlement, notwithstanding any other provisions of this Zoning Code.
(Ord. 1017, 2013)
A.
Review for completeness. The Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director's determination of completeness shall be based on the City's list of required application contents and any additional information determined by the Director to be necessary to determine project conformance to all applicable policies (see Section 20.500.040 [Application Preparation and Filing], above).
1.
Notification of applicant. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed in writing, 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 Director's letter, shall be provided.
2.
Submittal of additional information. The Director's review of the any information resubmitted by the applicant shall be accomplished in compliance with Subparagraph A.1., above, along with another 30-day period of review for completeness.
3.
Expiration of application.
a.
If an applicant fails to provide the additional information specified in the Director's letter within 180 days following the date of the letter, or shorter time frame as determined by the Director, the application shall expire and be deemed withdrawn without any further action by the City, unless an extension is approved by the Director for good cause shown.
b.
After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.
4.
Environmental information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA), the City's CEQA guidelines, and Section 20.500.070 (Environmental Assessment), below.
B.
Referral of application. At the discretion of the Director, or where otherwise required by this Zoning Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.
(Ord. 1017, 2013)
A.
CEQA review. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) and the City's CEQA guidelines in order 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 may be issued;
4.
A Mitigated Negative Declaration may be issued;
5.
An Environmental Impact Report (EIR) shall be required; or
6.
An addendum and/or supplemental information and materials are required in compliance with CEQA.
B.
Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and the City's CEQA guidelines.
C.
Compliance with NEPA. Where applicable, projects shall also comply with the requirements of the National Environmental Policy Act.
D.
Special studies required. At the applicant's expense, special study(ies) may be required by the City; and consultant selection may be done at City's sole discretion.
(Ord. 1017, 2013)
The burden of proof to establish the evidence in support of the required finding(s) for any permit or approval in compliance with this Zoning Code is the responsibility of the applicant.
(Ord. 1017, 2013)
This Section provides requirements for the submittal, processing, and review of water quality management plans for new development and modifications to existing development.
A.
Control of stormwater and urban runoff required. New development and modifications to existing development shall be designed to control pollutants in stormwater and urban runoff in order to prevent any deterioration of water quality that would impair subsequent or competing uses of the receiving waters.
B.
Water Quality Management Plan (WQMP) required.
1.
If the City Engineer determines that new development or modifications to existing development may result in the discharge of significant levels of a pollutant into the stormwater drainage system, a Water Quality Management Plan (WQMP) shall be submitted to the City Engineer for review and approval.
2.
The City Engineer shall determine the timing, type (i.e., conceptual, preliminary, or final), and contents of any required WQMP.
3.
A development project application shall not be found complete, in compliance with Section 20.500.060 (Initial Application Review), until an approved WQMP is submitted with the application.
4.
If the City Engineer determines that the project will have a de-minimis impact (i.e., so minor as to merit disregard) on the quality or quantity of stormwater and urban runoff, then the City Engineer may issue a written waiver of the requirement for the preparation and acceptance of a WQMP.
5.
The applicant shall obtain the City Engineer's acceptance of a WQMP before the issuance of a permit, land use approval or, at the City's discretion, before recordation of a map.
6.
The City Engineer may require that the WQMP, or components within the WQMP, be recorded with the County Recorder's Office.
C.
Continuing compliance required. New development and modifications to existing development shall implement and adhere to the terms, conditions, and requirements of the approved WQMP.
(Ord. 1017, 2013)