This article provides procedures and requirements for the preparation,
filing, and processing of applications for land use permits and other
entitlements required by this Zoning Ordinance.
(Ord. 01-594 § 2, 2001)
Table 4-1 (Review Authority) identifies the city official or
body responsible for reviewing and making decisions on each type of
application, land use permit, and other entitlements required by this
Zoning Ordinance.
The Community Development Director may refer any request to the Planning Commission for a decision. Additional fees shall not be charged to the applicant in the event of a Community Development Director's referral. See also Section
19.62.070 (Amendments to an approved project).
Any city official or body serving as the city's decision-making
or appeal review authority for a project as set forth in Table 4-1
shall have the authority to adopt and/or certify environmental reviews
performed under the California Environmental Quality Act.
TABLE 4-1
REVIEW AUTHORITY
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[Explanatory Notes Follow The Table, On Next Page]
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Type of Permit or Decision
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Procedure is in:
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Review Authority and Role1
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Director
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Historic Preservation Commission
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Planning Commission
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City Council
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Land Use Permits and other Development Entitlements
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Administrative Permits
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19.44
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Decision
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Appeal
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Appeal
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Adult Business Zone Clearances
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19.36.050
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Decision
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|
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Appeal
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Certificate of Appropriateness
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19.58
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Decision
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Appeal
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Conditional Use Permits
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19.52
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|
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Decision
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Appeal
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Demolition Permits
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19.50
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Decision
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Decision/
Appeal
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Appeal
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Development Agreements
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19.66
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Recommend
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Decision
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Development Permits
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19.48
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Decision
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Decision/ Appeal
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Appeal2
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Minor Conditional Use Permits
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19.52
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Decision
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Appeal
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Appeal2
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Modifications
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19.60
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Decision
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Appeal
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Appeal2
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Parking Use Permits — Minor
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19.56
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Decision
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Appeal
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Appeal2
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Parking Use Permits — Major
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19.56
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|
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Decision
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Appeal
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Project Conformity Review
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PDSCP
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Decision
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Appeal
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Reasonable Accommodation Permit
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19.69
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Decision
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Decision/
Appeal
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Appeal2
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Special Event Permits
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19.54
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Decision3
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Appeal3
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Specific Plans
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19.68
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Recommend
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Decision
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Temporary Use Permits
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19.54
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Decision
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Appeal
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Appeal
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Tentative Tract and Parcel Maps
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20.04
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Decision4
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Appeal
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Variances
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19.60
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|
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Decision
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Appeal
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Zone Clearances
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19.42
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Decision
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Appeal
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Appeal2
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Zoning Ordinance Administration and Amendments
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Cultural Resource Designation
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19.58
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Recommend
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Decision
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General Plan Amendments
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19.78
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Recommend
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Decision
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Interpretations
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19.03
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Decision
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Appeal
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Appeal2
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Mills Act Contract
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Recommend
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Decision
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Zoning Map Amendments
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19.78
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Recommend
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Decision
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Zoning Text Amendments
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19.78
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Recommend
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Decision
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Notes:
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(1)
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"Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 19.76 (Appeals).
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(2)
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Appeal body for Commission actions only. See Chapter 19.76 (Appeals).
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(3)
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Decisions on special event permits are by the Economic Development
Director, appealed to the City Manager, and then to the Council.
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(4)
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Final Maps are approved by the City Engineer.
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(Ord. 01-594 § 2, 2001; Ord. 02-643 § 39, 2003; Ord. 03-663 § 4, 2003; Ord. 03-670 § 6, 2003; Ord. 12-894 § 1, 2012; Ord. 15-952 § 6, 2015; Ord. 18-1048 § 6, 2018; Ord. 19-1058 § 171, 2019; Ord. 24-16, 6/24/2024)
Applications for land use permits, entitlements, amendments
(e.g., General Plan, Zoning Map, and Zoning Ordinance), and other
matters pertaining to this Zoning Ordinance shall be filed with the
department as follows.
A. Eligibility for Filing. Application may be filed by owners
of property, lessees authorized by written consent of the owners,
or others who have contracted to purchase or lease the property contingent
on the acquisition of necessary permits from the city, which application
shall be accompanied by a copy of the contract. Any applicant may
be represented by an agent authorized in writing to file on behalf
of the applicant.
B. Application Contents. The application shall include the
forms provided by the department, and all information and materials
required by the department.
C. Filing Fees. The application shall be accompanied by the
processing fees established by the city's Fee Resolution, and any
additional fees or deposits required by this Zoning Ordinance or the
Municipal Code. All fees for new land development, private revitalization,
and new occupancy approvals shall cover the costs of permit application
processing, permit issuance, and administration.
D. Refunds.
1. Recognizing
that filing fees cover the city's costs for public hearings, mailing,
posting, transcripts, and the staff time required to process applications,
no refunds due to a denial are allowed.
2. In
the case of a withdrawal, the Director may, at the request of the
applicant, authorize a partial refund based upon the pro-rated costs
to-date and determination of the status of the application at the
time of withdrawal.
E. Waivers. Application filing fee waivers may be granted in compliance with Chapter
19.58 (Cultural Heritage Preservation) for historic structures, city projects, or where the applicant is a non-profit organization and the application is for a project or event that is partly funded by the city.
(Ord. 01-594 § 2, 2001)
All applications filed with the department in compliance with
this Zoning Ordinance shall be initially processed as follows.
A. Review for Completeness. The department shall review all applications for completeness and accuracy before being accepted as complete, in compliance with Section
19.40.030 (Application Filing, Fees). The department will consider an application complete when:
1. All
necessary application forms, documentation, exhibits, materials, and
studies as established by the department, have been provided and accepted
as adequate;
2. All
necessary fees and deposits have been paid and accepted.
B. Notification of Applicant. The Director shall notify the
applicant in writing within 30 days of the filing of the application
with the department that either the application is complete and has
been accepted for processing, or that the application is incomplete
and that additional information, specified in the letter, shall be
provided.
C. Expiration of Application. If the applicant does not provide
the information and materials necessary for a pending application
to be deemed complete within 180 days after notification of incompleteness,
the application shall be deemed withdrawn. The Director may grant
one six-month extension. After expiration of the application and extension,
if granted, a new application, including fees, plans, exhibits, and
other materials will be required to commence processing of any project
on the same property.
D. Additional Information. After an application has been accepted as complete, the department may require the applicant to submit additional information needed for the environmental review of the project in compliance with subsection
(F), below.
E. Referral of Application. At the discretion of the Director,
or where otherwise required by this Zoning Ordinance, state, or federal
law, any application may be referred to any city department, special
district, or other public agency that may be affected by or have an
interest in the proposed land use activity.
F. Environmental Assessment. All development applications shall
be reviewed, as required by the California Environmental Quality Act
(CEQA), to determine whether:
1. The
proposed project is exempt from the requirements of CEQA;
2. A
negative declaration or mitigated negative declaration may be issued;
or
3. An
environmental impact report (EIR) shall be required.
These determinations and, where required, the preparation of EIRs or other focused studies shall be in compliance with the city's CEQA Guidelines. In addition to the City Council, any city official or body serving as the city's decision-making or appeal review authority for a project as set forth in Table 4-1 in Section 19.40.020 shall have the authority to adopt and/or certify environmental reviews performed under the California Environmental Quality Act.
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(Ord. 01-594 § 2, 2001; Ord. 05-705 (Attachment A), 2005; Ord. 15-952 § 7, 2015)