This chapter establishes uniform procedures for the preparation, filing, and processing of all land use permits and approvals provided for in this title, unless superseded by a specific requirement of this title or State law.
(Ord. 19-1 § 3)
A.
Applicant. The owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof of the right to use and possess the property as applied for, satisfactory to the Director, shall accompany the application.
B.
Application Forms. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this title.
C.
Supporting Materials. The Director may require the submission of supporting materials as part of the application, including, but not limited to: statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).
D.
Availability of Materials. All submitted material becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine application materials in support of or in opposition at the Planning Division offices. Unless prohibited by law or superseded by specific permit confidentiality requirements, copies of such materials shall be made available at a reasonable cost.
E.
Multiple Applications.
1.
Concurrent Filing. An applicant for a project which requires more than one permit (e.g., Conditional Use Permit and Design Review, etc.), shall file all related applications concurrently, together with all application fees. The concurrent filing requirements may be waived by the Director.
2.
Concurrent Processing. Multiple permits for the same project shall be processed concurrently and shall be reviewed and decided on by the highest Review Authority designated for any of the applications.
F.
Application Fees.
1.
Fee Schedule. The Council shall approve by resolution a Municipal Fee Schedule that establishes fees for permits, informational materials, penalties, copying, and other such items.
2.
Fee Payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid.
3.
Fee Waiver. No fee shall be required when the applicant is the City, or if it is waived under any other provision of the West Sacramento Municipal Code.
4.
Refund of Fees. Application fees are non-refundable unless otherwise provided for in the West Sacramento Municipal Code or by policy of the Council.
(Ord. 19-1 § 3)
Pre-application review is an optional review process that is intended to provide information on relevant policies, zoning regulations, and procedures. This review is intended for large or complex projects and projects that are potentially controversial.
A.
Exemption from Permit Streamlining Act. Pre-application review is not subject to the requirements of the California Permit Streamlining Act. An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the Act unless and until the Director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 17.35.040, Review of Applications.
B.
Review Procedure. The Planning Division shall conduct pre-application review. The Director may consult with or request review by any City agency or official with interest in the application.
C.
Recommendations Are Advisory. 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 City staff. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City.
(Ord. 19-1 § 3)
A.
Initial Completeness Review. The Director shall determine whether an application is complete within 30 days of the date the application is filed and required fee received.
1.
Incomplete Application. If an application is deemed incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.
a.
Zoning Code Violations. An application shall not be found complete if conditions exist on the site in violation of this title or any permit or other approval granted in compliance with this title, unless the proposed project includes the correction of the violations.
b.
Submittal of Additional Information. The applicant shall provide the additional information within the time limit specified by the Director, which shall be no sooner than 30 days. The Director may grant one extension of up to 90 days.
c.
Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section 17.35.130, Appeals, except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal. The fact that an appeal is permitted to both the Planning Commission and the City Council does not extend the 60-day period.
d.
Expiration of Application. If an applicant fails to correct the specified deficiencies within the specific time limit, the application shall expire and be deemed withdrawn, unless an extension is granted by the Director. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.
B.
Referral of Application. At the discretion of the Director, or where otherwise required by this title, State or Federal law, any application filed in compliance with this title may be referred to any City department, public agency, or interest group that may be affected by or have an interest in the proposed land use project.
C.
Extensions. The Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this title.
(Ord. 19-1 § 3)
All projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.
(Ord. 19-1 § 3)
Unless otherwise specified, whenever the provisions of this title require public notice, the City shall provide notice in compliance with State law as follows.
A.
Mailed Notice. At least 10 days before the date of the public hearing, or 15 days before the date of action when no public hearing is required, the Director (or the City Clerk for City Council hearings) shall provide notice by First Class mail delivery to the following:
1.
The applicant, the owner, and any occupant of the subject property;
2.
All property owners of record within a minimum 500-foot radius of the subject property as shown on the latest available assessment roll or a larger radius if deemed necessary by the Director to provide adequate public notification;
3.
All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; and
4.
Any person or group who has filed a written request for notice regarding the specific application.
B.
Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 500, instead of a mailed notice, the Director (or City Clerk for City Council hearings) may provide notice by placing a display advertisement of at least one-eighth of a page in at least one newspaper of general circulation in the City, at least 10 days prior to the hearing.
C.
Posted Notice. At their discretion, the Director may require notice be posted in a format approved by the Planning Division, in a prominent place on or near the subject property site at least 10 days prior to the hearing.
D.
Newspaper Notice. At least 10 days before the date of the public hearing or the date of action when no public hearing is required, the Director (or City Clerk for City Council hearings) shall publish a notice in at least one newspaper of general circulation in the City.
E.
Contents of Notice. The notice shall include the following information:
1.
The location of the real property, if any, that is the subject of the application;
2.
A general description of the proposed project or action;
3.
The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;
4.
The identity of the hearing body or officer;
5.
The names of the applicant and the owner of the property that is the subject of the application;
6.
The location and times at which the complete application and project file, including any environmental impact assessment prepared in connection with the application, may be viewed by the public;
7.
A statement that any interested person or authorized agent may appear and be heard;
8.
A statement describing how to submit written comments; and
9.
For City Council hearings, the Planning Commission recommendation.
F.
Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.
G.
The City shall require notice of a Planning Commission’s hearing on a proposed zoning ordinance or amendment to a zoning ordinance, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, to be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing.
(Ord. 19-1 § 3; Ord. 25-7, 7/16/2025)
Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of State law as follows.
A.
Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. Hearings are not required to be conducted according to technical rules relating to evidence and witnesses.
B.
Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director.
C.
Presentation. An applicant or an applicant's representative may make a presentation of a proposed project.
D.
Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.
E.
Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.
F.
Continuance of Public Hearing. The hearing body may by motion continue the public hearing to a fixed date, time and place, or may continue the item to an undetermined date.
G.
Investigations. The hearing body may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by City staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the Review Authority.
H.
Decision. The public hearing shall be closed before a vote is taken.
(Ord. 19-1 § 3)
A.
Applicability. In recognition of the greater potential for impact on residents of the city posed by large development projects, enhancements to the standard processes by which public input is solicited are appropriate. The following process enhancements shall apply to the review of applications filed after the effective date of the ordinance codified in this section for large development projects seeking a discretionary approval and, to the extent the processes set forth in this Section 17.35.075 conflict with the processes otherwise required by the West Sacramento Municipal Code (including without limitations set forth in Title 16 and Title 17), these processes shall control. Conversely, all provisions of the Municipal Code not in conflict with this section shall apply to the processing of large development projects.
B.
Definitions.
1.
3.
"Public hearing" means a public meeting at which the Planning Commission or City Council will consider for approval a discretionary approval for a large development project for which a noticed public hearing is required by Title 16 or Title 17 of the West Sacramento Municipal Code.
4.
"Public workshop" means a public meeting at which a large development project is presented to the public for discussion. Public workshops will not occur in concurrence with meetings of the City Council or other City boards or commissions.
C.
Expanded Public Notice for Workshops and Hearings.
1.
Mailed Notice — Radius. For large development projects, any required mailed notice will be provided to all property owners within one-quarter mile of the boundaries of the project.
2.
Mailed Notice — Timing of Notice. Notices will be mailed at least 20 days prior to the public workshop or public hearing for a discretionary approval for a large development project.
D.
Agenda Reports and Supporting Materials at Workshops and Hearings.
1.
Posting to City Website. Agenda reports and supporting materials will be posted to the City's web site at least one week prior to the public workshop or public hearing for a discretionary approval for a large development project.
2.
Staff Reports. Staff reports for large development projects that require a discretionary approval are over 200 pages (inclusive of attachments and exhibits), will include a list of attachments and exhibits at the end of the staff report.
E.
Hearing Process Enhancements.
1.
Placement of Hearing on Agenda. Public hearings for discretionary approvals for large development projects will be the first public hearing item discussed at the meeting, after administrative matters (e.g. call to order, Pledge of Allegiance, land acknowledgement, presentations, public comment on items not on the agenda).
2.
Time Limits for Public Testimony. Although the presiding officer retains discretion, members of the public wishing to speak at a public hearing on a discretionary approval for a large development project shall generally be given at least three minutes to speak.
3.
Extension of Hearing Past 11:00 p.m. Public hearings for discretionary approvals for large development projects will conclude for that meeting at 11:00 p.m. unless a majority of the Planning Commission or City Council (as appropriate) votes to extend that time.
F.
Additional Procedures for Public Workshops.
1.
Location. Public workshops for large development projects should be held in a facility as close to the project site as practicable, and where the public can engage at length with staff and the applicant/applicant team.
2.
Timing. Public workshops for large development projects should be held early in the permitting process cycle, generally after a complete application has been received, but well before discretionary approvals are presented to the Planning Commission or City Council for consideration.
G.
For projects where State law limits the number of public meetings or the length of time the City is allowed to process an application, such as SB 330, the City retains the discretion to allocate those meetings as it deems best including, if necessary to comply with State law, dispensing with the project workshops. Where practicable however, every effort will be made to include a public workshop as one of the allowable meetings under this provision.
(Ord. 25-6, 4/30/2025)
When deciding to approve, approve with conditions, modify, revoke or deny any discretionary permit under this title, the Review Authority shall issue a Notice of Action and make findings of fact as required by this title.
A.
Date of Action. The Review Authority shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the City Council in accordance with Section 17.35.130, Appeals. Time extensions may be granted pursuant to Section 17.35.100, Expiration and Extension.
1.
Project Exempt from Environmental Review. Within 30 days of the date the City has determined an application to be complete, a determination must be made whether the project is exempt from Environmental Review per State CEQA requirements.
2.
Project for Which a Negative Declaration or Mitigated Negative Declaration Is Prepared. Within 60 days of the date a Negative Declaration or Mitigated Negative Declaration has been completed and adopted for project approval, the City shall act on the accompanying discretionary project.
3.
Project for Which an EIR Is Prepared. Within 180 days from the date the Review Authority certifies a Final EIR, the City shall act on the accompanying discretionary project.
B.
Notice of Action. After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this title, the Director shall issue a Notice of Action. The Notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decisions. The Director shall file the Notice with the City Clerk and mail the Notice to the applicant and to any other person or entity that has filed a written request for such notification with the Planning Division.
C.
Findings. Findings, when required by State law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.
(Ord. 19-1 § 3)
A.
Scope. The scope of approvals includes only those uses and activities proposed in the application, excluding other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.
B.
Conditions. The site plan, floor plans, building elevations, and/or any additional information or representation, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with submitted plans and conditions in all respects.
C.
Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, to either violate any provision of this title or require additional permits, then the approval shall be deemed null and void.
D.
Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with such conditions.
(Ord. 19-1 § 3)
A.
Effective Dates. A final decision on an application for any approval subject to appeal shall become effective after the expiration of the 15-day appeal period following the date of action, unless an appeal is filed. No Building Permit or business license shall be issued until the 16th day following the date of the action.
B.
Expiration. The Review Authority, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this title shall automatically expire when no project or use has been initiated within two years after the date of the approval and become null and void.
C.
Exercise of Permit.
1.
Exercise of Planning Approval or Permit. A permit for the use of a building or property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site.
2.
Exercise of Building Permit. A permit for the construction of a building or structure is exercised when a valid City Building Permit, if required, is issued, and construction has lawfully commenced.
D.
Extensions. The Zoning Administrator may approve a two-year extension of any permit or approval granted under this title upon receipt of a written application with the required fee within the time period specified by the Review Authority, or two years of the date of the approval.
(Ord. 19-1 § 3)
No revision in the use or structure for which a permit or other approval has been issued is permitted unless the permit is revised as provided for in this title. For this section, the revision of a permit may include revision of a Design Review approval.
A.
Minor Revisions. The Zoning Administrator may approve minor revisions to approved plans and permits that are consistent with the original findings and conditions approved by the Review Authority, do not substantially expand the approved floor area, and would not intensify any potentially detrimental effects of the project.
B.
Major Revisions. A request for revisions to conditions of approval of a discretionary permit, a revision to an approved site plan or building plan that would affect a condition of approval, or a revision that would intensify a potential impact of the project shall be treated as a new application and shall be decided on by the same Review Authority as the approved permit.
(Ord. 19-1 § 3)
Any permit granted under this title may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.
A.
Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, Director, or Zoning Administrator.
B.
Public Notice, Hearings, and Action. After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to this chapter.
C.
Required Findings. The Planning Commission may revoke or modify the permit if it makes any of the following findings:
1.
The approval was obtained by means of fraud or misrepresentation of a material fact;
2.
The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;
3.
The use in question has ceased to exist or has been suspended for six months or more;
4.
There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has been conducted in violation of the provisions of this title, or any applicable local or State law or regulation; or
5.
The use has been conducted in a manner detrimental to the public safety, health and welfare, or to be a nuisance.
D.
Notice of Action. Following Planning Commission action to revoke or modify a permit, the Director shall issue a Notice of Action within seven days. The Notice shall describe the Commission's action with its findings. The Director shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding.
(Ord. 19-1 § 3)
Except where otherwise provided, any decision provided for in this title may be appealed in accordance with the provisions of Chapter 1.08, Appeal and Hearing Procedure, of the municipal code.
A.
Appeal Body.
1.
Planning Commission. The Planning Commission is the final appeal body for decisions of the Zoning Administrator and Director unless a member of the City Council or City Manager requests the appeal be taken for review by the City Council.
2.
City Council. The City Council is the appeal body for decisions of the Planning Commission.
(Ord. 19-1 § 3; Ord. 24-1, 1/17/2024)
Requests for interpretations of this title and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. The decision of the Director on such requests may be appealed under Section 17.35.130, Appeals.
(Ord. 19-1 § 3)