The purpose of this chapter is to establish standard procedures necessary for the clear and consistent processing of land use and planning permits and entitlements. The purpose of this chapter is to establish procedures necessary for the efficient processing of planning and development applications and requests.
(Ord. No. 1000 § 4, 2022)
Applications pertaining to this title shall be submitted in writing to the planning director on a completed city application form designated for the particular request. Every application shall include the signatures of the applicant and property owner, agent authorization as appropriate, and any fee prescribed by city council resolution to cover the cost of investigation and processing. Applications shall be submitted together with all plans, maps, and data about the proposed project development or land use entitlements requested, project site, and vicinity deemed necessary by the planning director to provide the approving authority with adequate information on which to base decisions. Each permit application checklist lists the minimum necessary submittal materials for that particular type of permit.
(Ord. No. 1000 § 4, 2022)
A. 
Application completeness. For development projects subject to the Permit Streamlining Act, the planning director shall determine whether or not the application is complete within 30 days of application submittal. The planning director shall notify the applicant of the determination that either:
1. 
All the submittal requirements have been satisfied and the application has been accepted as complete; or
2. 
Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements.
B. 
Application completeness without notification. If the written determination is not made within 30 days after receipt, and the application includes a statement that it is an application for a development permit subject to the Permit Streamlining Act, the application shall be deemed complete for purposes of this chapter.
C. 
Resubmittal. Upon receipt and resubmittal of any incomplete application, a new 30-day period shall begin during which the planning director shall determine the completeness of the application. Application completeness shall be determined as specified in section 17.14.030(A) (Application Completeness).
D. 
Incomplete application. If additional information or submittals are required and the application is not made complete within 60 days, or some greater period as determined by the planning director if a written request is submitted by the applicant, of the completeness determination letter, the application will be deemed to have been withdrawn and no action will be taken on the application. Unexpended fees, as determined by the planning director, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits, and other materials, must then be filed in compliance with this article.
E. 
Right to appeal. The applicant may appeal the determination in accordance with section 17.14.070 (Appeals) and the Permit Streamlining Act (Government Code § 65943).
(Ord. No. 1000 § 4, 2022)
After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). The planning director will consult with other departments and committees as appropriate to ensure compliance with all provisions of this code and other adopted policies and plans. The planning director will prepare a report to the designated approving authority describing the project, and his or her recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared.
(Ord. No. 1000 § 4, 2022)
A. 
Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for conditional use permits, variances, major design review, tentative subdivision maps, master plans, specific plans, zoning code/map amendments, prezoning, development agreements, and general plan amendments considered by the planning commission or city council.
B. 
Notice of hearing. Pursuant to Government Code §§ 65090 to 65094, not less than ten days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing.
1. 
Notice of public hearing shall be published in at least one newspaper of general circulation in the city.
2. 
Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 660 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. The radius may be increased as determined to be necessary and desirable by the planning director based on the nature of the proposed project. If the number of owners exceeds 1,000, the city may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth page in one newspaper of general circulation within the city. Notice of public hearing to authorize uses and activities in the Neo-Industrial (NI) and Industrial Employment (IE) industrial zones shall be mailed to persons owning property within 1,500 feet of the property lines of the project site.
3. 
Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project.
4. 
Notice of the public hearing shall be posted on the project site not more than 300 feet apart along the project perimeter fronting on improved public streets. If a project perimeter exceeds 300 feet in length on any street frontage, then multiple posted notices are required.
5. 
Notice of the public hearing shall be posted at city hall.
6. 
Notice of the public hearing shall be mailed to any person who has filed a written request for notice.
7. 
In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.
C. 
Supplemental notice requirements.
1. 
Applicability. In addition to standard requirements, large four-foot by eight-foot sign or signs shall be required to be posted at the project site for development related projects in any one of the following circumstances:
a. 
The proposed development is a project with a higher intensity land use than that of the existing neighborhood; or
b. 
The proposed project requires a general plan land use amendment; or
c. 
The proposed project requires an EIR; or
d. 
As determined to be necessary and desirable by the planning director based on the nature of the proposed project. For large projects, the planning director may determine if more than one sign is necessary to inform the public of the project.
2. 
A cash deposit is required in an amount adopted by city council resolution to ensure compliance with the supplemental notification requirements including maintenance and removal of the large notification sign.
3. 
Sign criteria/maintenance. In order to implement the large signs as an effective form of public notification, the following rules and standards shall apply:
a. 
Sign size and specifications. All large sign(s) shall be four feet by eight feet in size and be constructed to the specifications of Figure 17.14.050-1, below. The specific project information text on the sign shall be provided by the planning department.
FIGURE 17.14.050-1 DESIGN OF LARGE NOTIFICATION SIGN
b. 
Location and installation standards. All large sign(s) shall be installed according to the specifications of Figure 17.14.050-2. The large four-foot by eight-foot signs shall be installed and spaced a minimum of 300 lineal feet apart, no more than three feet behind the property line closest to, and parallel to, the street, and clearly visible from the street. The exact spacing, location, and number of sign(s) on the project site shall be determined by the planning director as part of the sign permit.
FIGURE 17.14.050-2 EXAMPLE OF LARGE NOTIFICATION SIGN SPECIFICATIONS
c. 
Timing. All large notification sign(s) shall be installed by the applicant at the project site in accordance with the above criteria. Once the project application is deemed complete and all notification sign(s) installed per city standards, the project will be scheduled for design review committee meetings.
d. 
Sign removal and maintenance. All large sign(s) must be kept adequately maintained and remain in place until the final decision on the application has been made or the application is withdrawn. All large sign(s) shall be removed by the applicant within 14 days of the final decision or date of withdrawal. Failure to remove the sign within the prescribed period may result in forfeiture of the cash deposit and removal of the sign by the city.
D. 
Requests for notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the city clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.
E. 
Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.
F. 
Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed.
(Ord. No. 1000 § 4, 2022)
A. 
Designated approving authority. The approving authority as designated in Table 17.14.060-1 (Review and Approval Authority) shall approve, conditionally approve, or deny the proposed land use, development permit or entitlement in accordance with the requirements of this title. Table 17.14.060-1 (Review and Approval Authority) identifies recommending (R) and final (F) authorities for each permit or entitlement. In acting on a permit, the approving authority shall make all required findings. An action of the approving authority may be appealed pursuant to procedures set forth in section 17.14.070 (Appeals).
B. 
Multiple entitlements. When a proposed project requires more than one permit with more than one approving authority, all project permits shall be processed concurrently, and final action shall be taken by the highest-level designated approving authority for all such requested permits.
C. 
Referral to the planning commission. At any point in the application review process, the planning director may transfer decision making authority to the planning commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the planning commission shall be considered at a noticed public hearing. A referral to another decision-maker is not an appeal and requires no appeal application or fee.
TABLE 17.14.060-1 REVIEW AND APPROVAL AUTHORITY
Type of Permit or Decision
Designated Approving Authority "R" = "Recommending Body" "F" = "Final Decision-Making Body"
Planning
Director
Historic Preservation Commission
Planning Commission
City Council
Official code interpretation
F
 
 
 
Plan check/zoning clearance
F
 
 
 
Home occupation permit
F
 
 
 
Sign permit
F
 
 
 
Temporary use permit
F
 
 
 
Tree removal permit
F
 
 
 
Uniform sign program
F
 
 
 
Similar use determination
F
 
 
 
Reasonable accommodation
F
 
 
 
Site development review
F
 
 
 
Minor exception
F
 
 
 
Minor use permit
F
 
 
 
Conditional use permit
R
 
F1
F1
Minor design review
F
 
 
 
Hillside development review
F
 
 
 
Mills Act
R
R
 
F
Landmark designation
R
R
 
F
Certificate of appropriateness
R
F
 
 
Certificate of economic hardship
R
F
 
 
Entertainment permit
F
 
 
 
Major Design review
R
 
F
 
Variance
R
 
F2
F2
Adult entertainment permit
R
 
F
 
Tentative subdivision map (see title 16)
R
 
F
 
Specific plan
R
 
R
F
Prezoning
R
 
R
F
Development Code/zoning map amendment
R
 
R
F
Development agreement
R
 
R
F
General plan amendment
R
 
R
F
Master plan
R
 
R
F
1
Conditional use permit approval by the city council is required for all industrial buildings larger than 75,000 square feet in gross floor area, in which case, the planning commission shall be the recommending body.
2
A variance from a development standard in the industrial zones requires approval by the city council, in which case the planning commission shall be the recommending body.
(Ord. No. 1000 § 4, 2022; Ord. No. 1015 § 3, 2023)
A. 
Appeal authority. Any interested person may appeal any action of the planning director, historic preservation commission or planning commission made pursuant to this article to the designated appeal authority listed in Table 17.14.070-1 (Appeal Authority) within ten days from the date of the action. Actions by the city council are final and no further administrative appeals are available.
TABLE 17.14.070-1 APPEAL AUTHORITY
Approval Authority for Action
Being Appealed
Appeal Authority
Planning Commission
City Council
Planning director
X
 
Historic preservation commission
 
X
Planning commission
 
X
B. 
Filing an appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within ten days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by city council resolution, and submitted to the city clerk.
C. 
City councilmember appeal. A majority of the city council may appeal an action of the planning commission. If the city council makes an appeal, there shall be a presumption applied that the reason for the appeal is that the appealed action has significant and material effects on the quality of life within the city. Notwithstanding section 17.14.070(B) (Filing an Appeal), no other reason need be or shall be stated by the city council and no appeal fee shall be required. There shall be no presumption or inference of bias shall be made because of such an appeal.
D. 
Notice and schedule of appeal hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within a reasonable time frame from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of section 17.14.050 (Public Hearing and Public Notice).
E. 
Appeal hearing and action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. The action of the appeal authority is final on the date of decision and may not be further appealed beyond the City Council level.
(Ord. No. 1000 § 4, 2022)
Generally, the action to approve, conditionally approve, or deny a permit or entitlement authorized by this title shall be effective on the 11th day after the date of action, immediately following expiration of the ten-day appeal period. Legislative actions by the city council (e.g., zoning amendment, general plan amendment, specific plans, and development agreements) become effective 30 days from the date of final action if adopted by ordinance, 11 days from the date of final action if adopted by resolution, and may not be appealed. Permit(s) shall not be issued until the effective date of required permit.
(Ord. No. 1000 § 4, 2022)
A. 
Time limits. Unless a condition of approval or other provision of this title establishes a different time limit, any permit not exercised within two years of approval shall expire and become void, except where an extension of time is approved pursuant to this section.
B. 
Exercising permits. The exercise of a permit occurs when the property owner has performed substantial work as determined by the planning director and the building official and incurred substantial liabilities in good faith reliance upon such permit(s). A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Unless otherwise provided, permits that have not been exercised prior to a zoning amendment, which would make the permitted use or structure nonconforming, shall automatically be deemed invalid on the effective date of the zoning amendment.
C. 
Permit extensions. The approval of an extension extends the expiration date for two years from the original permit date. After this initial permit extension, a final one-year extension of time may be granted pursuant to the same process as set forth in this section.
1. 
Process. The same approving authority that granted the original permit may extend the period within which the exercise of a permit must occur. Notice and/or public hearing shall be provided in the same manner as for the original permit. An application for extension shall be filed not less than 30 days prior to the expiration date of the permit, along with appropriate fees and application submittal materials.
2. 
Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.
3. 
Permit extension findings. The extension may be granted only when the designated approving authority finds that the original permit findings can still be made and there are no changed circumstances or there has been diligent pursuit to exercise the permit that warrants such extension.
4. 
Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit expires.
D. 
Permit expiration for a closed business. All permits and entitlements shall expire when a business is closed for more than 180 consecutive calendar days. Approval of new permits and entitlements based on current requirements shall be required prior to any business activity on the site.
(Ord. No. 1000 § 4, 2022)
A. 
Any person holding a permit granted under this title may request a modification to that permit. For the purpose of this section, the modification of a permit may include modification of the terms of the permit itself, project or site design, or the waiver or alteration of conditions imposed in the granting of the permit.
B. 
If the planning director determines that a proposed project action is not in substantial conformance with the original approval, the planning director shall notify the property owner of the requirement to submit a permit modification application to the planning department.
C. 
The planning director may review and approve the permit modification application provided the proposed modifications will not cause any of the following to occur:
1. 
A change in the character, scope, size, and/or intensity of the development and/or use;
2. 
A significant increase in impacts on infrastructure or traffic on roadways adjacent to or external to the proposed development and/or use;
3. 
A change in the external impacts on adjacent property; and
4. 
A reduction in the originally approved setbacks from property lines or increase in building or structure height.
D. 
If the planning director determines that the provisions of subsection C above do not apply to the proposed permit modification, the same approving authority as the original permit shall review the permit modification application.
E. 
A permit modification may be granted only when the approving authority makes all findings required for the original approval.
(Ord. No. 1000 § 4, 2022)
This section provides procedures for the revocation of previously approved land use entitlements or permits.
A. 
Consideration. The approving authority for the original entitlement or permit shall consider the revocation of same entitlement or permit.
B. 
Noticed public hearing. The decision to revoke an entitlement or permit granted pursuant to the provisions of this title shall be considered at a noticed public hearing. Public notice shall be provided and public hearing conducted pursuant to section 17.14.050 (Public Hearing and Public Notice).
C. 
Findings. A decision to revoke an entitlement or permit may be made if any one of the following findings can be made:
1. 
Circumstances under which the entitlement or permit was granted have been changed to a degree that one or more of the findings contained in the original entitlement or permit can no longer be met.
2. 
The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing, for the entitlement or permit.
3. 
One or more of the conditions of the entitlement or permit have not been substantially fulfilled or have been violated.
4. 
The use or structure for which the entitlement or permit was granted has ceased to exist or has lost its legal nonconforming use status.
5. 
The improvement authorized in compliance with the entitlement or permit is in violation of any code, law, ordinance, regulation, or statute.
6. 
The improvement or use allowed by the entitlement or permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance.
(Ord. No. 1000 § 4, 2022)
An application shall not be accepted or acted upon if within the past 12 months the city has denied an application for substantially the same project on substantially the same real property, unless the planning director finds one or more of the following circumstances to exist:
A. 
New evidence. There is new evidence that would support approving the project that was not presented at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.
B. 
Substantial and permanent change of circumstances. There has been a substantial and material change of circumstances since the previous hearing that affects the applicant's real property.
C. 
Mistake at previous hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application.
(Ord. No. 1000 § 4, 2022)