A. Permit Streamlining Act Compliance. The city shall comply with the requirements of the California Permit Streamlining Act (Title
7, Division 1, Chapter 4.5 of the California
Government Code).
B. Application
Form.
1. The
City Planner shall prescribe the form of applications for the development
permits or approvals and applications for changes in zone or general
plan boundaries or classifications.
2. The
City Planner may prepare and provide application forms and shall prescribe
the type of information to be provided with the application by the
applicant.
3. No
application shall be accepted unless it is in the proper form and
contains all required information.
C. Signatures
on Applications.
1. All
applications shall include the signatures of the owner(s) of the property
affected or the authorized agent of the owner.
2. If
signatures of persons other than the owners of property making the
application are required or offered in support of, or in opposition
to, an application, they may be received as evidence of notice having
been served upon them of the pending application, or as evidence of
their opinion on the pending issue, but they shall in no case infringe
upon the free exercise of the powers vested in the city as represented
by the Planning Commission and the City Council.
D. Applications
as Part of Permanent Record. Applications filed pursuant to this title
shall be numbered consecutively in the order of their filing, and
shall become a part of the city's permanent official records, and
there shall be attached thereto and permanently filed therewith copies
of all notices and actions with certificates and affidavits of posting,
mailing or publications pertaining thereto.
E. Filing
Fees. A fee in an amount established by City Council resolution shall
be paid at the time of filing an application for a development permit
for approval, or application for a change in zone or general plan
boundaries or classifications. No application shall be accepted or
deemed accepted until the appropriate fee or fees have been paid.
F. Application
Completeness.
1. In accordance with Title
7, Division 1, Chapter 4.5, Article 3 of the California
Government Code, applications shall be reviewed for completeness as follows:
2. The
City Planner shall consult with appropriate departments concerning
the application and shall, within thirty days after the application
has been filed with the city, determine in writing whether the application
is complete and shall transmit the determination to the applicant.
3. If
the application is determined to be incomplete:
a. The written determination shall specify those parts of the application
which are incomplete and shall indicate the manner in which the application
can be made complete, including a list and description of the specific
information needed to complete the application.
b. The applicant shall have six months from the date the application
was initially filed to either resubmit the application or submit the
information specified in the determination. Failure of the applicant
to resubmit the application or to submit the materials in response
to the determination within the six months shall be deemed to constitute
withdrawal of the application. If an application is withdrawn or deemed
withdrawn a new application must be submitted.
4. Within
thirty days of any resubmittal of an application or submittal of materials
in response to a written determination of incompleteness, the City
Planner shall determine in writing whether the application, together
with the subsequently submitted materials, constitute a complete application
and shall immediately transmit the determination to the applicant.
5. If an application, together with the submitted materials, is determined by the City Planner to be incomplete, the applicant may appeal the decision in writing to the Planning Commission pursuant to Section
21.54.140. The applicant may also appeal the decision of the Planning Commission to the City Council pursuant to Section
21.54.150.
a. The city shall make a final written determination on the appeal not
later than sixty calendar days after the receipt of the applicant's
written appeal of the City Planner's decision.
6. Failure
by the city to meet the time limits specified in this section shall
cause the application to be deemed complete.
7. Nothing
in this section precludes an applicant and the city from mutually
agreeing to an extension of any time limit provided in this section.
G. Time Limits for Approval or Denial of Development Permits. The city shall approve or disapprove a development permit application within the time limits specified in Title
7, Division 1, Chapter 4.5, Article 5 of the California
Government Code, unless an extension of time is mutually agreed to by the applicant and city pursuant to
Government Code Section 65957.
H. Permit Streamlining Act not Applicable to Legislative Actions. The time limits specified in subsections
F and
G of this section do not apply to legislative actions and likewise do not apply to development permit applications that include legislative changes in applicable general plans, zoning ordinances or other controlling land use legislation.
(Ord. 9060 § 2000; Ord. 9760 § 15, 1985; Ord. NS-675 §§ 56—58,
76, 2003; Ord. CS-164 § 10,
2011; Ord. CS-178 § CV,
2012)
A. For purposes of this section, "development permit" means any permit, entitlement or approval required pursuant to Title
20 or
21 of this code, or pursuant to any applicable master, specific, or redevelopment plan.
B. For
purposes of this section, "City Planner" shall be interchangeable
with "City Engineer" and "Housing and Neighborhood Services Director,"
and "City Council" shall be interchangeable with "Housing and Redevelopment
Commission."
C. When
multiple development permits are processed concurrently for a proposed
project, the decision-making authority for all such development permits
shall be as follows:
1. The
City Planner shall have the authority to approve, conditionally approve
or deny, on all concurrently processed development permits, provided
that such permits do not include a development permit that requires
a decision from the Planning Commission or City Council.
2. The
Planning Commission shall have the authority to approve, conditionally
approve or deny, on all concurrently processed development permits
that:
a. Include a development permit that has been appealed to the Planning Commission in accordance with Section
21.54.140; or
b. Include a development permit that requires a decision from the Planning
Commission; and that
c. Does not include a development permit that requires a decision from
the City Council.
3. The
City Council shall have the authority to make a decision on all concurrently
processed development permits that:
a. Include a development permit that has been appealed to the City Council in accordance with Section
21.54.150 of this title; or
b. Include a development permit that requires a decision from the City
Council.
D. Except
for appeals, the City Council shall first receive a recommendation
from the Planning Commission prior to making a decision on all concurrently
processed development permits.
(Ord. 9060 § 2003; Ord. 9220 § 1, 1968; Ord. 9568 § 5, 1980; Ord. 9760 § 16, 1985; Ord. CS-178 § CV, 2012)
A. All proposals for amending zone or general plan boundaries or classifications, or for the granting of any development permit or approval requiring a hearing as provided in this title shall be set for hearing by the City Planner when such hearings are to be held before the Planning Commission and by the City Clerk for hearings to be held before the City Council. Conditional uses in the coastal zone shall be subject to the requirements of this chapter and the additional requirements of Chapter
21.201 as applicable.
B. The
city shall approve or disapprove a project within the time limits
specified in California
Government Code Sections 65950, 65950.1, 65951,
or 65952, unless an extension of time is mutually agreed to by the
applicant and city as provided in
Government Code Section 65957.
C. The time limits specified in this section and in Section
21.54.010 above do not apply to legislative actions and likewise does not require that permit applications be deemed approved if not acted on within the statutory period when such permit applications would require legislative changes in applicable general plans, zoning ordinances or other controlling land use legislation.
(Ord. 9060 § 2004; Ord. 1256 § 10, 1982; Ord. 9760 § 17, 1985; Ord. NS-365 § 12, 1996; Ord. CS-079 § VI, 2010; Ord. CS-178 § CV, 2012)
A. Noticing
of Public Hearings.
1. When
a provision of this code requires notice of a public hearing to be
given pursuant to this subsection, at least ten calendar days prior
to the public hearing, notice of the hearing shall be given in all
of the following ways:
a. Notice by Mail. Mailed or delivered to:
i. The owner of the subject real property or the owner's duly authorized
agent:
ii. The project applicant and/or the applicant's representative;
iii.
Each local agency expected to provide water, sewage, streets,
roads, schools, or other essential facilities or services to the project,
whose ability to provide those facilities and services may be significantly
affected by the project;
iv. All owners of real property as shown on the latest equalized assessment
roll within six hundred feet of the real property that is the subject
of the hearing. In lieu of utilizing the assessment roll, records
of the county assessor or tax collector that contain more recent information
than the assessment roll may be used. If the number of owners to whom
notice would be mailed or delivered pursuant to this subparagraph
is greater than one thousand, in lieu of mailed or delivered notice,
notice may be given by placing a display advertisement of at least
one-eighth page in at least two newspapers of general circulation
within the city.
v. All occupants within one hundred feet of the subject property and
the area office of the California Coastal Commission (applicable to
coastal development permits only).
vi. Any person who has filed a written request for notice with the City
Clerk. The City Clerk shall charge a fee established by City Council
resolution which is reasonably related to the costs of providing this
service. Each request shall be annually renewed.
b. Published or Posted Notice. Unless newspaper advertisement is provided
pursuant to Section 21.54.060.A.iv, the public hearing notice shall
either be:
i. Published pursuant to California
Government Code Section 6061 in
at least one newspaper of general circulation within the city at least
ten calendar days prior to the hearing; or
ii. Posted at least ten calendar days prior to the hearing in at least
three public places in the city, including one public place in the
area directly affected by the proceeding.
2. When
a provision of this code requires notice of a public hearing to be
given pursuant to this subsection, notice shall be published pursuant
to California
Government Code Section 6061 in at least one newspaper
of general circulation within the city at least ten calendar days
prior to the hearing.
B. Noticing
of Administrative Permits.
1. When
a provision of this code requires notice of an application pursuant
to this subsection, at least ten calendar days prior to a decision
on the application, written notice shall be given as follows:
a. Notice by Mail. Mailed or delivered to:
i. The owner of the subject real property or the owner's duly authorized
agent;
ii. The project applicant and/or the applicant's representative;
iii.
All owners of real property as shown on the latest equalized
assessment roll within three hundred feet of the real property that
is the subject of the administrative permit; or all owners within
one hundred feet for minor coastal development permits only. In lieu
of utilizing the assessment roll, records of the county assessor or
tax collector that contain more recent information than the assessment
roll may be used. If the number of owners to whom notice would be
mailed or delivered pursuant to this subsection is greater than one
thousand, in lieu of mailed or delivered notice, notice may be given
by placing a display advertisement of at least one-eighth page in
at least two newspapers of general circulation within the city.
iv. All occupants within one hundred feet of the subject property, and
to the area office of the California Coastal Commission. This requirement
applies to minor coastal development permits only.
v. Any person who has filed a written request for notice with the City
Clerk. The City Clerk shall charge a fee established by City Council
resolution which is reasonably related to the costs of providing this
service. Each request shall be annually renewed.
2. Once
notice has been given in accordance with Section 21.54.060.B.1, any
person may file written comments or a written request to be heard
within ten calendar days of the date of the notice. If a written request
to be heard is filed, the City Planner shall:
a. Schedule an administrative hearing; and
b. Provide written notice at least five calendar days prior to the date
of the administrative hearing to the owner of the subject real property
or the owner's duly authorized agent, the project applicant and/or
applicant's representative, and any person who filed written comments
or a written request to be heard.
3. The
noticing requirements specified in Section 21.54.060.A shall apply
if an administrative permit is processed concurrently with a permit,
entitlement, or action that requires a public hearing.
(Ord. 9060 § 2005; Ord. 9428 § 1, 1975; Ord. 9536 § 1, 1979; Ord. 9758 § 15, 1985; Ord. NS-44 § 1, 1988; Ord. NS-365 § 13, 1996; Ord. CS-178 § CV, 2012)
A. The notice given pursuant to Section
21.54.060 shall include the date, time and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or diagram, of the location of the real property if any, that is the subject of the hearing.
B. However,
within the coastal zone such notice shall contain the following additional
information:
1. A
statement that the development is within the coastal zone;
2. The
date of filing of the application and the name of the applicant;
3. The
number assigned to the application;
4. A
brief description of the general procedure of local government concerning
the conduct of hearing and local actions;
5. The
system for local and Coastal Commission appeals, including any local
fees required, expressly stating whether the matter is appealable
to the Coastal Commission.
C. Notice
given pursuant to Section 21.54.060.B shall include a statement that
an administrative hearing shall be held upon written request.
(Ord. 9758 § 16, 1985; Ord. NS-365 § 14, 1996; Ord. CS-178 § CV, 2012)
The failure of any person or entity to receive notice given
pursuant to this chapter shall not constitute grounds for any court
to invalidate the action for which the notice is given. If a decision-making
body receives substantial evidence that notice has not been given
as required by this chapter, then the decision-making body may continue
the matter for hearing after proper notice has been given.
(Ord. 9758 § 18, 1985)
The applicant for any action requiring a notice of public hearing or notice of administrative permit pursuant to the provisions of Section
21.54.060 of this title shall provide the city with public notification materials (i.e. radius map, mailing list and labels as specified by the City Planner) and notice mailing fee equal to the current postage rate to cover the cost of mailing the notice.
(Ord. 9758 § 19, 1985; Ord. CS-102 § CIII, 2010; Ord. CS-164 § 10, 2011; Ord. CS-178 § CVII, 2012)
The Planning Commission shall cause to be made by its own members,
or members of its staff, such investigation of facts bearing upon
an application set for hearing that will assure action on each case
consistent with the purpose of this title, previous amendments or
variances.
(Ord. 9060 § 2007)
The Planning Commission may establish rules governing the conduct
of public hearings conducted by it.
(Ord. 9060 § 2008)
If, for any reason, testimony on any case set for public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued, and no further notice is required. However, if a decision on a matter set for public hearing is continued by the decision-making body to a time which is not announced at the hearing to be continued to a time certain, the city shall provide notice of the further hearings or action on the proposed development in the same manner and within the same time limits as established in Sections
21.54.060 and
21.54.061.
(Ord. 9060 § 2009; Ord. NS-365 § 15, 1996; Ord. NS-675 § 59, 2003)
A summary of all pertinent testimony offered at public hearings
held in connection with an application filed pursuant to this ordinance,
and the names of persons testifying shall be recorded and made a part
of the permanent files of the case.
(Ord. 9060 § 2010)
A. When
a decision is made pursuant to this title an announcement of the decision
and findings of fact shall be provided when:
1. Pursuant to Section
21.54.060 of this chapter, a public notice was provided for the associated application; or
2. Notice
of such decision is required to be provided pursuant to this section.
B. The
decision-making body shall announce its decision in writing as follows:
1. The
City Planner shall announce his/her decision and findings by letter.
2. The
Planning Commission shall announce its decision and findings by formal
resolution.
3. The
City Council shall announce its decision and findings (if applicable)
by formal resolution or ordinance.
C. The
announcement of decision and findings shall include:
1. A
statement that the permit is approved, conditionally approved, or
denied;
2. The
facts and reasons which, in the opinion of the decision-making body,
make the approval or denial of the permit necessary to carry out the
provisions and general purpose of this title;
3. Such
conditions and limitations that the decision-making body may impose
in the approval of the permit.
D. The
announcement of decision and findings shall be mailed to:
1. The
owner of the subject real property or the owner's duly authorized
agent, the project applicant and/or the applicant's representative
at the address or addresses shown on the application filed with the
planning division;
2. Any
person who has filed a written request for a notice of decision;
3. Any
person who filed a written request for an administrative hearing or
to be heard at an administrative hearing.
(Ord. 9379 § 2, 1974; Ord. NS-44 § 2, 1988; Ord. NS-365 § 16, 1996; Ord. CS-178 § CVIII, 2012)
A. For purposes of this section, "development permit" means any permit, entitlement or approval required pursuant to Title
21 of this code, or pursuant to any applicable master, specific, or redevelopment plan.
B. Any
approved development permit may be amended by following the same procedure
required for the approval of said development permit (except that
if the City Council approved the original permit, the Planning Commission
shall have the authority to act upon the amendment), and upon payment
of the application fee contained in the most recent fee schedule adopted
by the City Council.
C. If
an approved development permit was issued pursuant to the provisions
of Section 21.54.042 of this title, any amendment to said permit shall
be acted on by the decision-making authority that approved the original
permit, except that if the City Council approved the original permit,
the Planning Commission shall have the authority to act upon the amendment.
D. In
granting an amendment, the decision-making authority may impose new
conditions and may revise existing conditions.
(Ord. CS-178 § CIX, 2012)
No application for a zone change, general plan amendment, planned development, variance, conditional use permit, site development plan, specific plan, master plan or other permit, or any amendment to a previously issued permit or plan shall be accepted if a substantially similar application has been finally denied within one year prior to the application date. The City Planner shall determine if the subsequent application is substantially similar to the previously denied application. The effective date of the City Planner's decision and method for appeal of such decision shall be governed by Section
21.54.140 of this code.
(Ord. 9744 § 1, 1984; Ord. NS-675 §§ 60, 76,
2003; Ord. CS-164 § 10,
2011)
A. This section shall apply to those decisions or determinations of the City Planner or Housing and Neighborhood Services Director made pursuant to this title or City Planner determinations pursuant to Title
19 or Title
20. Accordingly, in this section, "Housing and Neighborhood Services Director" shall be interchangeable with "City Planner"; "housing and neighborhood services department" shall be interchangeable with "planning division"; and "Community Development Commission" shall be interchangeable with "City Council."
B. Whenever the City Planner is authorized, pursuant to this title, Title
19, or Title
20 to make a decision or determination, such decision or determination is final and effective when the City Planner's written determination is mailed or otherwise delivered to the person(s) affected by the determination, whichever time is least restrictive. Within ten calendar days of the date that a decision or determination becomes final, a written appeal may be filed with the City Planner by an interested person. An individual member of the City Council can be an interested person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the effect of the decision or determination of the City Planner until such time as the Planning Commission has acted on the appeal. The appeal shall specifically state the reason or reasons for the appeal. The burden of proof is on the appellant to establish by substantial evidence that the grounds for the requested action exist. Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the City Planner in that the decision was not supported by the facts presented to the City Planner prior to the decision being appealed; or that there was not a fair and impartial hearing. Fees for filing an appeal under this section shall be established by resolution of the City Council.
C. Upon the filing of an appeal, the City Planner shall schedule the appeal for hearing before the Planning Commission as soon as practicable. An appeal shall be heard and noticed in the same manner as was required of the determination or decision being appealed. The appeal hearing before the Planning Commission is de novo; however the Planning Commission shall consider only the evidence presented to the City Planner for consideration in the determination or decision being appealed. The Planning Commission shall determine all matters not specified in the appeal have been found by the City Planner and are supported by substantial evidence. The Planning Commission may affirm, modify, or reverse the decision of the City Planner, and make such order supported by substantial evidence as it deems appropriate, including remand to the City Planner with directions for further proceedings. The Planning Commission action on an appeal shall be final unless appealed to the City Council, pursuant to the provisions of Section
21.54.150.
(Ord. 9807 § 2, 1986; Ord. NS-176 § 7, 1991; Ord. NS-352 § 5, 1996; Ord. NS-506 § 6, 1999; Ord. NS-675 § 61, 2003; Ord. CS-099 § IV, 2010; Ord. CS-102 § CIV, 2010; Ord. CS-164 §§ 10—12,
2011; Ord. CS-178 § CX,
2012; Ord. CS-199 § 4,
2013)
(a) This section shall apply to those decisions or determinations of the Planning Commission made pursuant to this title or Title
19. Accordingly, in this section, "Housing and Neighborhood Services Director" shall be interchangeable with "City Planner"; "housing and neighborhood services department" shall be interchangeable with "planning division"; and "Community Development Commission" shall be interchangeable with "City Council."
(b) Whenever the Planning Commission is authorized pursuant to this title or Title
19 to make a decision or determination, such decision or determination is final and effective upon the adoption of the resolution or decision. Within ten calendar days of the date that a decision or determination becomes final, a written appeal may be filed with the City Clerk. An individual member of the City Council can be an interested person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the effect of the decision or determination of the Planning Commission until such time as the City Council has acted on the appeal as set forth in this title. The appeal shall specifically state the reason or reasons for the appeal. The burden of proof is on the appellant to establish by substantial evidence that the grounds for the decision or determination exist. Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the Planning Commission in that the decision was not supported by the facts presented to the Planning Commission prior to the decision being appealed; or that there was not a fair and impartial hearing. Fees for filing an appeal under this section shall be established by resolution of the City Council.
(c) Upon the filing of an appeal, the City Clerk shall schedule the appeal
for hearing before the City Council as soon as practicable. An appeal
shall be heard and noticed in the same manner as was required of the
determination or decision being appealed. The appeal hearing before
the City Council is de novo; however the City Council shall consider
only the evidence presented to the Planning Commission for consideration
in the determination or decision being appealed. The City Council
shall determine all matters not specified in the appeal have been
found by the Planning Commission and are supported by substantial
evidence. The City Council may affirm, modify, or reverse the action
of the Planning Commission, and make such order supported by substantial
evidence as it deems appropriate, including remand to the Planning
Commission with directions for further proceedings. Any action by
the City Council shall be final and conclusive; provided, however,
that any action reversing the decision of the Planning Commission
shall be by the affirmative vote of at least three members of the
City Council.
(d) Upon receipt of a written appeal to the City Council filed with the
City Clerk, the City Clerk shall advise the City Planner who shall
transmit to said clerk the Planning Commission's complete record of
the case.
(Ord. NS-675 § 62, 2003; Ord. CS-099 § V, 2010; Ord. CS-102 § CV, 2010; Ord. CS-164 §§ 10—12,
2011; Ord. CS-199 § 5,
2013)