This chapter establishes general procedures for processing applications. Specific procedures set forth in other portions of this title control if there is any conflict or inconsistency. No city action, inaction, or recommendation on any matter subject to this title shall be invalid by reason of any error, irregularity, informality or omission as to any matter pertaining to applications, notices, findings, records, hearings, reports, recommendations, appeals or any procedural matter.
(Ord. 1598)
A. 
Applicants. The following persons may file applications:
1. 
The owner of the subject property.
2. 
An agent representing the owner, duly authorized to do so in writing by the owner, including a person with a duly executed written contract or exclusive option to purchase the subject property or a lessee in possession of the subject property.
3. 
A lessee of the subject property applying for a zoning certificate may file without the consent of the owner, provided the lessee provides notice of the application to the owner of the property.
B. 
Application Forms and Supporting Materials.
1. 
The director may prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this zoning code.
2. 
The director may require the submission of supporting materials as part of the application, including but not limited to, statements, photographs, plans, drawings, renderings, models, material samples, and other items necessary to describe existing conditions and the proposed project. The director may require sufficient information to permit the city to determine the level of environmental review that shall be required pursuant to the California Environmental Quality Act. Unless otherwise specified, all renderings shall depict the proposed structure, landscaping, other improvements, and surrounding land uses as they would appear one year after project completion.
3. 
All material submitted becomes the property of the city, may be distributed to the public, and shall be made available for public inspection upon request.
4. 
Upon request, any person may examine an application and materials submitted in support of or in opposition to an application during normal business hours. Unless barred by law, copies of such materials shall be made available at the reasonable cost established pursuant to Municipal Code Title 1: General Provisions, Section 1.10.055: Fees for Applications and Appeals.
C. 
Payment, Waiver and Refund of Application Fees.
1. 
Pursuant to Municipal Code Title 1: General Provisions, Section 1.10.055: Fees for Applications and Appeals, the council has established reasonable fees for the processing of permits. The applicant shall submit all required fees concurrently with the application. No application will be processed or deemed complete without payment of all required fees, unless the city waives or defers required fees.
2. 
No fee shall be required when the applicant is the city or another governmental organization, or if it is waived under any other provision of this code.
3. 
If an application is withdrawn prior to a decision, the applicant may be eligible for a refund of a portion of the fee. The amount of the refund shall be determined by the director based on the level of staff review conducted prior to the withdrawal. No refund shall be made for any application that has been denied.
(Ord. 1598)
An applicant may apply for pre-application review to obtain information on relevant general or specific plan policies, zoning regulations, and procedures for large or complex projects, and projects that are potentially controversial.
A. 
The applicant shall submit the fee established pursuant to Municipal Code Title 1: General Provisions, Section 1.10.055: Fees for Applications and Appeals and any materials requested by the director.
B. 
Submission of materials for pre-application review shall not be considered an application for a development project under the terms of the Permit Streamlining Act (PSA) or California Environmental Quality Act (CEQA) and shall not trigger any obligation on the part of the city to act on any project within a specified period of time.
C. 
An applicant may request, or the director may recommend, preliminary review by the planning commission. Any recommendations that result from such review shall be considered advisory only and shall not be binding on either the applicant or the city.
D. 
Following pre-application review, staff shall provide the applicant with a written summary of the procedures and requirements applicable to the potential project.
(Ord. 1598)
A. 
The director shall determine whether an application is complete within 30 days of the date the application is filed with all required fees.
B. 
If an application is incomplete, the director shall provide written notification to the applicant listing the applications for permit(s), forms, information and any additional fees that are necessary to complete the application. If the applicant fails to correct the specified deficiencies within 30 days of notification, the director shall deem the application withdrawn and will return it to the applicant.
C. 
The director shall document the date the application is deemed complete, schedule any required public hearing, and notify the applicant of the date and time of the hearing.
D. 
The director may, upon written request and for good cause, grant extensions of any time limit imposed by this zoning code.
(Ord. 1598)
A. 
Mailed Notices, Minor Use Permit Matters. At least 10 days before taking action on a minor use permit that can be issued without a public hearing, the city shall provide notice by first class mail to:
1. 
All property owners of record and building occupants within a 300-foot radius of the proposed project;
2. 
All neighborhood and community organizations that have previously requested notice of projects in the area where the site is located in writing; and
3. 
Any person or group who has provided a written request for notice regarding the application.
B. 
Mailed Notices, Public Hearing Matters. At least 10 days before the date of the public hearing, the city shall provide notice by first class mail to:
1. 
All property owners of record and building occupants within a 500-foot radius of the proposed project;
2. 
All neighborhood and community organizations that have previously requested notice of projects in the area where the site is located in writing; and
3. 
Any person or group who has provided a written request for notice regarding the application.
C. 
Additional Hearing Notice. In addition to providing mailed notice pursuant to subsection B of this section, the city shall provide notice within 10 days of the hearing by publication in at least one newspaper of general circulation.
D. 
Alternate Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of mailed notice required in subsection B, the city may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation at least 10 days prior to the hearing.
E. 
Contents of Notice. The notice shall include the following information:
1. 
A general description of the proposed project or action and the property included in the application;
2. 
The date, time, location, and purpose of the public hearing;
3. 
The names of the applicant and the owner of the property that is the subject of the application;
4. 
A general description of the environmental review conducted and any proposed environmental determination concerning the application;
5. 
The location and times at which the complete application and project file, including the environmental documentation, may be viewed by the public;
6. 
A statement that any interested person or authorized agent may appear and be heard; and
7. 
A statement describing how to submit written comments.
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A. 
Public Hearings.
1. 
Rights of All Persons. Except as otherwise provided in paragraph 2 below, 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 testifying shall state his or her name, may state an address and, if appearing on behalf of a person or organization, state the name of the person or organization being represented.
2. 
Time Limits. The chair of the hearing may establish time limits for individual testimony and may require that individuals with shared positions select one or more spokespersons to present testimony on behalf of those individuals. Due process may require relaxation of such limits.
B. 
Decision. The decision-maker shall take action within 30 days of the conclusion of the public hearing.
C. 
Notice of Decision. The city shall notify the applicant of the decision. Such notice may be in the form of a planning commission or city council resolution, a city ordinance or other written document. The city clerk shall mail such notice to the applicant at the mailing address stated in the application and to any other person or entity who has filed a written request of such notification with the city.
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Land use entitlements shall not become effective for any purpose until the applicant signs and returns a notarized city "acceptance of conditions" form.
(Ord. 1598)
A. 
Any approval permits only those uses and activities specifically proposed in the application. Unless otherwise specified therein, the approval of a use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.
B. 
Unless otherwise specified or required by the city, the applicant must develop, maintain and operate the project in substantial compliance with the site plan, floor plans, building elevations and/or any additional information or representations, indicating the proposed structure or manner of operation, submitted during the processing of the application. Any approval may be subject to a condition that the permittee ensures compliance with the submitted plans and conditions imposed thereon and acknowledges that inconsistency with the application, submitted plans and conditions invalidates the entitlement.
C. 
Any land use entitlement is subject to, and shall comply with, all applicable city ordinances, resolutions or regulations, laws and regulations of other governmental agencies and conditions imposed thereon.
D. 
Approvals may be subject to periodic review to determine compliance with the permit and conditions. If a condition specifies that activities or uses allowed under a discretionary permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.
(Ord. 1598)
A. 
Appealable Decisions. No building permit or business license shall be issued for any project where a permit is subject to appeal until the 11th day following the date of the action on the permit.
B. 
Ordinances. No building permit or business license shall be issued for any project where an ordinance is required until the effective date of the ordinance.
(Ord. 1598)
A. 
Automatic Lapse. The entitlements conferred by any permit granted pursuant to this zoning code expire if not exercised or extended within one year of issuance.
1. 
Exercise of Discretionary Permits. A discretionary permit is deemed exercised on the date the permitted use has commenced.
2. 
Exercise of Building Permit. A permit for the construction of a structure is deemed exercised on the date construction has lawfully commenced pursuant to a valid city building permit.
B. 
Extension. The director may approve a single one-year extension of any land use entitlement upon receipt of a written application with the required fee prior to expiration of the permit. The planning commission may approve any other extensions.
C. 
Lapse by Written Notice. The director may declare that any permit has lapsed by providing 15 days written notice to the permit holder. The permit holder may seek reinstatement of the permit by filing a request with the planning commission within 10 days of the date of the notice. The commission shall hold a public hearing to consider the request.
(Ord. 1598)
A. 
Procedure and Notification. The city may revoke any permit if the use or operation violates any of the permit's terms or conditions or any law or ordinance. The planning commission shall hold a public hearing. The city shall provide written notice to the permit holder at least 10 days before the public hearing that includes:
1. 
The specific land use entitlement permits being considered for revocation.
2. 
The address and assessor's parcel number of the affected property.
3. 
The reason or reasons for the proposed revocation.
4. 
The time and place of the revocation hearing.
B. 
Public Notification. The city shall provide the same public notice of the hearing that is required for the permit that is proposed for revocation.
C. 
Conduct of Public Hearing. The public hearing shall be conducted in the same manner as for the permit that is proposed for revocation.
D. 
Required Findings. The planning commission may revoke or modify the permit if it makes any of the following findings:
1. 
The permit has lapsed as provided for in Section 11.5.10.055: Expiration and Extension.
2. 
The permit holder has failed to comply with one or more of the conditions of approval.
3. 
The use, building, or structure has been substantially changed in character or substantially expanded beyond the entitlement.
4. 
The use has created criminal or anti-social behavior, including, but not limited to, the congregation of minors, violence, public drunkenness, vandalism, solicitation, or litter.
5. 
The property has been vacant or the use permitted by the permit has not been in continuous operation for at least one year prior to the date of the notice. The permit holder shall have the burden of establishing its good faith effort to occupy the property and reestablish the use. The planning commission may require the permit holder to produce documentation to substantiate that intent.
E. 
Notice of Action. In the event the planning commission revokes, modifies or imposes additional conditions on a permit, the commission shall adopt a resolution containing its determinations and findings. The city shall mail a copy of the resolution to the permit holder and to any person requesting notice of the action and provide the city council with a copy of the resolution prior to its next regular meeting.
F. 
Appeals. Any person may appeal the planning commission's action pursuant to Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions, in which case the city council shall be the hearing officer as that term is used in Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions.
(Ord. 1598)
A permit applicant may be required by conditions of approval or by action of the director to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval.
A. 
Form and Amount of Security. The required security shall be in a form approved by the director and city attorney. The amount of security shall be as determined by the director to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.
B. 
Security for Maintenance. In addition to any improvement security required to guarantee proper completion of work, the director may require security for maintenance of the work, in an amount determined by the director to be sufficient to ensure the proper maintenance and functioning of improvements.
C. 
Duration of Security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the director, or until any warranty period required by the director has elapsed. Maintenance security shall remain in effect for one year after the date of final inspection.
D. 
Release or Forfeit of Security.
1. 
Upon satisfactory completion of work and the approval of a final inspection, or after the end of the required time for maintenance security, the improvement and/or maintenance deposits or bonds shall be released.
2. 
Upon failure to complete the work, failure to comply with all of the terms or conditions of any applicable permit, or failure of the completed improvements to function properly, the city may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the city, including all costs and expenses associated with the work, all administrative and inspection costs and actual attorneys fees incurred in connection therewith.
3. 
Any unused portion of the security shall be refunded to the funding source after deduction of all costs, expenses, and fees mentioned in paragraph 2 above.
(Ord. 1598)