The Commission shall prescribe the form of applications for
changes in zone boundaries or classifications, for variances, or for
conditional use permits, and of all other documents to be submitted
to it. It may prepare and provide blanks for such purpose, and may
prescribe the type of information to be provided by the applicant
or party. No application or document shall be accepted by the Commission
for filing unless it complies with the requirements prescribed by
the Commission, except upon formal motion adopted by the Commission.
(Prior code § 27-20.1; Ord. 21-1722 § 2)
Each application filed with the Planning Commission shall be
segregated as to type; and all applications of the same type shall
be numbered consecutively in the order of their filing, and shall
become a part of the permanent official records of the Commission.
There shall be attached to each application, and permanently filed
therewith, copies of all notices and memoranda of actions had thereon,
with certificates or affidavits of posting, mailing, or publication
pertaining thereto.
(Prior code § 27-20.2; Ord. 21-1722 § 2)
Each applicant for a reclassification, amendment or change of
zone, a variance, a conditional use permit or for any other relief
provided for in this title, shall pay such fees and costs as the City
Council may establish.
(Prior code § 27-20.3; Ord. 21-1722 § 2)
All applications or proceedings for amending zone boundaries or classifications of property uses within such zones as are defined by this title, for granting of variances or conditional use permits, or for the revocation of variances, conditional use permits, or affecting nonconforming uses, as provided in this title, shall be set for public hearing by the secretary of the Commission when such hearing is to be held by the Commissioner or by the City Clerk when such hearing is by the City Council. The date of the hearing shall be not less than 10 calendar days nor more than 60 calendar days after the date of filing of an application or the filing of an appeal as prescribed in Section
17.02.280(H) or
17.02.210(G) or after the adoption of a resolution amending zone boundaries or classifications.
(Prior code § 27-20.4; Ord. 21-1722 § 2)
Where not contrary to the provisions of Chapters 3 or 4 of Division
1 of Title 7 of the
Government Code, contrary provisions of which
shall prevail hereover, and where no provision is made in this title
for the same, notices of times and places of public hearings shall
be given as follows:
A. Notice
of any public hearing, before either the Commission or City Council
upon a proposed variance, text amendment, zone change, conditional
use permit, or the changing of conditions or limitations thereof,
shall be furnished as follows:
1. For
Zone Changes.
a. By publication at least once in a newspaper of general circulation,
published and circulated in the City, not less than 10 calendar days
prior to the date of the hearing; and
b. By posting the notice in three or more prominent places on or about
each parcel which is the subject of the proposed action, or upon utility
poles or sticks along or about each street line of such parcel; in
the event more than one parcel is the subject of such hearing, at
least one of such notices shall be posted within 200 feet of each
such parcel; posting of such notices shall be completed not less than
10 calendar days before the date of the hearing; or
c. By mailing a written notice thereof, not less than 10 calendar days
prior to the date of such hearing, to the owners of the subject properties,
to the applicants, if any, and to the owners of properties located
within 300 feet of the exterior boundary of the subject property or
properties; such notices shall be sent through the United States mail,
with postage prepaid, and using the addresses from the last adopted
tax roll, if available.
2. For
Text Amendments to the Zoning Ordinance.
a. By publication at least once in a newspaper of general circulation,
published and circulated in the City, not less than 10 calendar days
prior to the date of the hearing; and
b. By posting the notice in at least three public places, not less than
10 calendar days prior to the date of the hearing.
3. For
Conditional Use Permits, Zone Variances, and Modifications Thereto.
a. By mailing a written notice thereof, not less than 10 calendar days
prior to the date of such hearing, to the owners of the subject properties,
to the applicants, if any, and to the owners of properties located
within 300 feet of the exterior boundary of the subject property or
properties; such notices shall be sent through the United States mail,
with postage prepaid, and using the addresses from the last adopted
tax roll, if available; or
b. By publication at least once in a newspaper of general circulation,
published and circulated in the City, not less than 10 calendar days
prior to the date of the hearing; and
c. By posting this notice in three or more prominent places on or about
each parcel which is the subject of the proposed action, or upon utility
poles or sticks along or about each street line of such parcel; in
the event more than one parcel is the subject to such hearing, at
least one of such notices shall be posted within 200 feet of each
such parcel; posting of such notices shall be completed not less than
10 calendar days before the date of the hearing.
4. For
Administrative Applications Considered By or Appealed To the Commission
or City Council.
a. By mailing a written notice thereof, not less than 10 calendar days
prior to the date of such hearing, to the owners of the subject properties,
to the applicants, if any, and to the owners of properties located
within 300 feet of the exterior boundary of the subject property or
properties; such notices shall be sent through the United States mail,
with postage prepaid, and using the addresses from the last adopted
tax roll, if available; and
b. By posting this notice in public places as designated in Section
1.08.030; posting of such notices shall be completed not less than 10 calendar days before the date of the hearing.
B. Notice
of any public hearing to consider the revocation or modification of
a variance or conditional use permit, to terminate a nonconforming
use, or for any other purpose for which a public hearing is required
by law and not otherwise provided for, shall be given by placing in
the United States mail, postage prepaid, a written notice thereof
to the owner or owners of the subject property, and to the occupant
or occupants of such property; such notice shall be sent not less
than 40 calendar days prior to the date of such hearing; for such
purpose, the department, secretary or clerk may use the last known
name and address of an owner, as shown in the last adopted tax roll
of the County, and may mail notice to the occupant or occupants at
the address of the subject property. In the event the purpose of such
public hearing shall be to consider the revocation or modification
or termination of a variance, conditional use permit, nonconforming
use or any other permit controlled by this title, the notice shall
not be complete unless it sets forth, in general terms, the grounds
of the proposed revocation, modification or termination.
The Commission or City Council may order notice of any public
hearing before it to be given to such other persons as the Commission
or City Council may, in its respective discretion, deem necessary
and proper.
(Prior code § 27-20.5; Ord. 14-1654 § 1; Ord. 21-1722 § 2)
Public notice of hearings on zone reclassifications, amendment,
variances, or conditional use permits, or revocation thereof, shall
bear the words "Notice of Proposed Change of Zone Boundaries or Classification"
or "Notice of Proposed Variance" or "Notice of Proposed Conditional
Use Permit," as the case may be, or other descriptive title; shall
set forth a description, in any terms adequate, to identify the property
under consideration, the nature of the proposed change of use, and
the time and place at which the public hearing or hearings will be
held; and shall advise that persons wishing to be heard on such matter
may attend and be heard.
(Prior code § 27-20.6; Ord. 21-1722 § 2)
The Commission shall cause to be made such investigation of
facts bearing upon an application set for hearing, which may include
an analysis of precedent cases, as will tend to provide all necessary
information to enable decisions and determinations to be made consistent
with the provisions, purposes, and intents of this title, and with
prior actions of the Commission and Council.
(Prior code § 27-20.7; Ord. 21-1722 § 2)
The Commission and City Council shall establish reasonable rules
governing their conduct of public hearings.
(Prior code § 27-20.8; Ord. 21-1722 § 2)
A. Text
amendments and zone boundary changes shall require not less than one
hearing by the Commission and one hearing before the City Council.
B. Applications
for variances shall require not less than one hearing by the Commission.
C. Applications
for conditional use permits shall require not less than one hearing
by the Commission.
D. Revocation
of a variance shall require not less than one hearing by the Commission.
E. Revocation
of a conditional use permit shall require not less than one hearing
by the Commission.
F. Administrative
applications considered by the Commission shall require not less than
one hearing by the Commission. Administrative applications appealed
to the Commission or City Council shall require not less than one
hearing by the reviewing body to which the appeal was submitted.
(Prior code § 27-20.9; Ord. 14-1654 § 2; Ord. 21-1722 § 2)
If, for any reason, any public hearing is not completed on the
day set for such hearing, the person presiding at such hearing may,
without closing such hearing, publicly announce the time and place
to, and at which, said hearing will be continued, and no further notice
shall be required.
(Prior code § 27-20.10; Ord. 21-1722 § 2)
The review authority table below identifies the full range of
land use permit options and applicable final review authority.
Review Authority Table
|
---|
Types of Applications
|
Planning Staff
|
Director
|
Planning Commission
|
City Council
|
---|
Discretionary Applications
|
|
|
|
|
Conditional use permits
|
-
|
-
|
Decision
|
Appeal
|
Density bonus
|
-
|
-
|
Recommend
|
Decision
|
Development agreement
|
-
|
-
|
Recommend
|
Decision
|
General plan amendment
|
-
|
-
|
Recommend
|
Decision
|
Plot plans
|
-
|
-
|
Decision
|
Appeal
|
Revocations
|
-
|
-
|
Decision
|
Appeal
|
Sign use permits
|
-
|
_
|
Decision
|
Appeal
|
Tentative parcel map
|
-
|
-
|
Decision
|
Appeal
|
Tentative tract maps
|
-
|
-
|
Decision
|
Appeal
|
Text amendments
|
-
|
-
|
Recommend
|
Decision
|
Variances
|
-
|
-
|
Decision
|
Appeal
|
Wireless telecommunication permit
|
-
|
-
|
Decision
|
Appeal
|
Zone changes
|
-
|
-
|
Recommend
|
Decision
|
Administrative Applications
|
|
|
|
|
Animal permits
|
Decision
|
Appeal
|
Appeal
|
Appeal
|
Business license approvals
|
Decision
|
-
|
-
|
-
|
Director approvals requests
|
-
|
Decision
|
Appeal
|
Appeal
|
Home occupation permit
|
Decision
|
Appeal
|
Appeal
|
Appeal
|
Landscape plan review
|
-
|
Decision
|
Appeal
|
Appeal
|
Lot line adjustment
|
-
|
Decision
|
Appeal
|
Appeal
|
Lot merger
|
-
|
Decision
|
Appeal
|
Appeal
|
Precise development plans
|
-
|
Decision
|
Appeal
|
Appeal
|
Reasonable accommodations
|
-
|
Decision
|
Appeal
|
Appeal
|
Sign plan check
|
Decision
|
Appeal
|
-
|
-
|
Small cell/co-location permits
|
-
|
Decision
|
Appeal
|
Appeal
|
Special event permits
|
-
|
Decision
|
Appeal
|
Appeal
|
Sexually oriented business permit
|
-
|
Decision
|
Appeal
|
Appeal
|
Sexually oriented entertainer permit
|
-
|
Decision
|
Appeal
|
Appeal
|
Temporary sign permit
|
Decision
|
Appeal
|
Appeal
|
Appeal
|
Time extensions
|
-
|
Decision
|
Appeal
|
Appeal
|
Towing permit
|
-
|
Decision
|
Appeal
|
Appeal
|
Unclassified use review
|
-
|
Decision
|
Appeal
|
Appeal
|
Wireless telecommunication permit (Administrative)
|
-
|
Decision
|
Appeal
|
Appeal
|
Zoning verification letter
|
Decision
|
-
|
-
|
-
|
(Ord. 20-1720 § 2; Ord. 21-1722 § 2; Ord. 23-1746, 12/5/2023)
A summary of all pertinent evidence offered at a public hearing
held in connection with an application filed pursuant to this title,
and the names of persons testifying, shall be recorded and filed with
the application as part of the official records.
(Prior code § 27-20.11; Ord. 21-1722 § 2)