A. 
Procedures. This section provides procedures and requirements for the preparation, filing, initial processing, and review of applications for the land use entitlements required by this zoning ordinance.
B. 
Discretionary land use entitlements. Receiving approval of any discretionary land use entitlement identified in this article is considered a privilege, not a right. The applicable review authority shall make all of 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 any city actions taken, in the absence of a clear showing of intent not to comply with this zoning ordinance.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
Applications shall be required on forms provided by the department for all land use actions subject to the provisions of this zoning ordinance.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A. 
Legal vested interest in the proposed application. Applications for any amendment, permit, or other discretionary action allowed by this zoning ordinance may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The director may request proof of ownership or authorization to apply before the acceptance of any application.
B. 
All owners shall sign application. In the case of a zoning map amendment application, if the property for which the change of zone is proposed is in more than one ownership, all of the owners or their authorized agents shall be required to sign the application.
C. 
Council may initiate. The council may initiate an application to amend the general plan, to amend the zoning map, prior to amending the text of this zoning ordinance.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
Table 4-1 (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 ordinance.
TABLE 4-1
REVIEW AUTHORITY
Type of Entitlement or Decision
Applicable Citation
Director
Council
Adjustments
4.19.050
Approve (1)
Appeal
Administrative Site Plan Reviews
4.19.110
Approve (5)
Appeal
Conditional Use Permits
4.19.070
Recommend (2)
Approve
Development Agreements
Section 21
Recommend
Approve
Design Reviews
4.19.060
Appeal (6)
Director's Reviews
4.19.030
Approve (3)
Appeal (4)
General Plan Amendments
Section 28
Recommend
Approve
Home Occupation Permits
4.19.090
Issue
Appeal
Interpretations
1.02.020
Issue
Appeal
Reasonable Accommodation
4.19.100
Approve (5)
Appeal
Sign Permits
Section 15
Issue
Appeal
Specific Plans
Section 20
Recommend
Approve
Temporary Use Permits
4.19.040
Approve
Appeal
Variances
4.19.080
Recommend
Approve
Zoning Clearances
4.19.020
Issue
Appeal
Zoning Map Amendments
Section 28
Recommend
Approve
Zoning Ordinance Amendments
Section 28
Recommend
Approve
Notes:
(1)
The director may defer action and refer any permit or approval application to the council for final determination.
(2)
"Recommend" means that the review authority makes a recommendation to a higher review authority; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier review authority, in compliance with section 27 (Appeals).
(3)
All decisions of the director are appealable to council, in compliance with section 27 (Appeals).
(4)
All decisions of the council are final.
(5)
When an application for which the director is the reviewing authority is submitted for concurrent review with another discretionary land use application for which the council is the reviewing authority, the council shall review both requests.
(6)
The design review committee is the review authority for design reviews.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1197, § 9, 6-27-2022; Ord. 1206, 11/13/2023)
A. 
Acceptance of applications by department. The department staff shall accept applications made by those persons with standing to make an application upon receipt of the fees in compliance with the city's fee resolution.
B. 
Director's review for completeness. In compliance with state law (Government Code, section 65943), no later than 30 days after an application has been received, the director shall determine whether the submitted application materials are complete, shall notify the applicant of the decision, and shall identify any additional information required to complete the application.
C. 
Not complete until all required information is received. No application shall be considered complete until any and all additional information required by the director is received.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
When one or more discretionary actions are required for a single project, all required applications shall be filed concurrently. When filed concurrently, the applications shall be reviewed and processed concurrently and shall be subject to the processing requirements of the application requiring the most extensive/comprehensive review.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A. 
Required information for all applications. Applications shall contain the following information and any other information as may be required by the director. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant. The director may reject as incomplete any application that does not supply the following information:
1. 
Name and address of the applicant.
2. 
Evidence that the applicant:
a. 
Is the owner of the premises involved;
b. 
Has written permission of the owner(s) to make the application;
c. 
Is or will be the plaintiff in an action of eminent domain to acquire the premises involved; or
d. 
Is a public agency negotiating to acquire a portion of the premises involved.
3. 
Address and legal description of the property involved.
4. 
The nature and specifics of the requested land use action.
5. 
For any application subject to public hearing, a set of mailing labels that includes all persons whose names and addresses appear on the latest available county assessment roll as owners of property within a distance of 300 feet from the exterior boundaries of the property for which the application is filed in compliance with section 26 (Public Hearings). The list shall be keyed to a map showing the location of these properties.
B. 
Additional information required for specified applications. The following additional requirements shall apply to applications for an administrative adjustment, conditional use permit, design review, and/or variance:
1. 
The applicant shall provide fully dimensioned site plans and elevations indicating the area and dimensions of the proposed site for the requested use, and the location and dimensions of all drainage areas, driveways, fences, landscaping, open space areas, parking and loading facilities, structures, uses, walls, yards, areas to be dedicated for public improvements, and other development features on the site.
2. 
Irrigation, landscaping, and screening plans shall be included with the plans.
3. 
The applicant shall provide accurate scale drawings of all signs and shall indicate sign color, material, size, and illumination, if any.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A. 
The council shall, by resolution, establish a schedule of fees for amendments, entitlements, and other matters pertaining to this zoning ordinance, referred to in this zoning ordinance as the city's fee resolution.
B. 
The schedule of fees may be changed or modified only by resolution of the council.
C. 
The city's processing fees are cumulative. For example, if an application for a lot line adjustment also requires an adjustment, both fees shall be charged.
D. 
Processing shall not commence on an application until all required fees have been paid.
E. 
Without the application fee the application shall not be deemed complete.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A. 
Withdrawal before public hearing. Any application or petition for a land use action may be withdrawn at any time before a public hearing by filing with the director a written request for withdrawal.
B. 
Signature of all applicants required. The request for withdrawal shall be signed by all persons who signed the original application, or their designated agents or successors-in-interest.
C. 
Withdrawal after commencement of public hearing. Any application or petition may be withdrawn after commencement of the public hearing, with approval of the review authority.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A. 
CEQA review. After acceptance of a complete application, the project shall be reviewed in compliance with the City Code, the California Environmental Quality Act (CEQA), and the city's environmental review procedures, 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. 
Whether a negative declaration or mitigated negative declaration may be issued; or
4. 
Whether an environmental impact report (EIR) shall be required.
B. 
City's guidelines. These determinations and, where required, the preparation of EIRs, shall be in compliance with the city's environmental review procedures.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A. 
Application evaluation. The director shall review all applications to determine whether they comply and are consistent with the provisions of this zoning ordinance, other applicable provisions of the City Code, the general plan, any applicable specific plan, and environmental review.
B. 
Staff report preparation.
1. 
A staff report shall be prepared describing the conclusions/findings about the proposed land use and development as to its compliance and consistency with the provisions of this zoning ordinance, other applicable provisions of the City Code, and the actions, goals, objectives, and policies of the general plan and any applicable specific plan.
2. 
The written report shall include recommendations, with appropriate findings, on the approval, approval with conditions, or disapproval of the application, based on the evaluation and consideration of information provided by an initial study or environmental impact report.
C. 
Report distribution. Staff reports shall be furnished to applicants at the same time as they are provided to the members of the council, before a hearing on the application.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)