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for in this title, unless superseded by a specific requirement of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)
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)
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.
(Ord. 19-1 § 3)
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)
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)
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 appeal body for decisions of the Zoning Administrator and Director.
2. City Council. The City Council is the appeal
body for decisions of the Planning Commission.
(Ord. 19-1 § 3)
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)