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)