The purpose of this Chapter is to establish review and approval
procedures for the processing of planning and development applications
and requests provided for by this Title. Development standards and
conditions for the approval of land use entitlements are contained
in the appropriate chapters of this Title.
(Ord. 1501 § 1, 2011)
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 Community
Development Director will consult with other departments as appropriate
to ensure compliance with all provisions of the Municipal Code and
other adopted policies and plans. The Community Development Director
will prepare a report (the staff report) to the designated Approving
Authority describing the project, along with a recommendation to approve,
conditionally approve, deny the application, or deny the application
without prejudice. The report shall be provided to the applicant and
property owner at the same time as it is provided to the Approving
Authority 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 due.
(Ord. 1501 § 1, 2011)
A. Public
Hearing Required. The following procedures shall govern the notice
and public hearing, where required pursuant to this Title. A public
hearing shall be held for the consideration of all Major Use Permits,
Major Site Plan and Design Reviews, Variances, Planned Developments,
Development Agreements, Specific Plans, Master Plans, prezonings,
subsequent amendments to the Zoning Code (text and map) and General
Plan, and Minor Zone and Plan Modifications by the Planning Commission
or City Council.
B. Notice
of Hearing. Pursuant to California
Government Code Sections 65090
through 65094, not less than 10 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 explanation
of the matter to be considered and a general description of the real
property (text or diagram), if any, 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 500 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 latest equalized assessment roll.
If the number of owners exceeds 1,000, the City may, in lieu of mailed
notice, provide notice by placing notice of at least 1/8 page in one
newspaper of general circulation within the City.
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 at City Hall.
5. Notice
of the public hearing shall be mailed to any person who has filed
a written request for notice.
C. 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
Community Development Director. The City may impose a reasonable fee
for the purpose of recovering the cost of such notification.
D. 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.
E. 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, as identified in Table 17.08.060-1
(Approving Authority for Land Use Entitlements), shall conduct the
public hearing and hear testimony. 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. 1501 § 1, 2011; Ord. O2022-07 § 1)
A. Approving Authority. The Approving Authority as designated in Table 17.08.060-1 (Approving Authority for Land Use Entitlements) shall approve, conditionally approve, or deny the proposed land use entitlement, or deny without prejudice the proposed land use entitlement in accordance with the requirements of this Title. Table 17.08.060-1 (Approving Authority for Land Use Entitlements) identifies both recommending (R) and final (F) authorities for each land use entitlement. In acting on a land use entitlement, the Approving Authority shall make the applicable findings as established in Chapter
17.10 (Entitlements) and as may be required by other laws and regulations. An action of the Approving Authority may be appealed pursuant to procedures set forth in Section
17.08.070 (Appeals).
B. Multiple
Land Use Entitlements. When a proposed project requires more than
one land use entitlement with more than one Approving Authority, all
project land use entitlements shall be processed concurrently and
final action shall be taken by the highest-level designated Approving
Authority for all such requested land use entitlements.
TABLE 17.08.060-1
APPROVING AUTHORITY FOR LAND USE ENTITLEMENTS
|
---|
Type of Land Use Entitlement
|
Designated Approving Authority1
"R" symbolizes the Recommending Body
"F" symbolizes the Final Decision-Making Body
|
---|
Community Development Director
|
Planning Commission
|
City Council
|
---|
Zoning Conformance
|
F
|
|
|
Similar Use Determination
|
F
|
|
|
Reasonable Accommodations
|
F
|
|
|
Site Plan and Design Review (Minor)
|
F
|
|
|
Site Plan and Design Review (Major)
|
R
|
F
|
|
Minor Use Permit
|
F
|
|
|
Conditional Use Permit
|
R
|
F
|
|
Temporary Use Permit
|
F
|
|
|
Master Sign Program
|
F
|
|
|
Minor Zone Modification
|
F2
|
F2
|
|
Minor Plan Modification
|
F2
|
F2
|
|
Variance
|
R
|
F
|
|
Planned Development
|
R
|
R
|
F
|
Development Agreement
|
R
|
R
|
F
|
Specific Plan
|
R
|
R
|
F
|
Master Plan
|
R
|
R
|
F
|
Prezoning
|
R
|
R
|
F
|
Zoning Amendment (Text and Map)
|
R
|
R
|
F
|
General Plan Amendment (Text and Map)
|
R
|
R
|
F
|
Conditional Use Permits for Cannabis Retailers
|
|
R
|
F
|
Notes:
|
---|
1.
|
All listed actions are subject to appeal pursuant to Section 17.08.070 (Appeals).
|
2.
|
Final decision-making body is the same as the original decision-making
body for original plan proposed for modification.
|
(Ord. 1501 § 1, 2011; Ord. O2021-16 § 3)
Generally, the action to approve, conditionally approve, deny, or deny without prejudice 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 10-day appeal period. Legislative actions by the City Council become effective 30 days from the date of final action and may not be appealed. In accordance with Section
17.04.030 (Rules of Interpretation), where the last of the specified number of days falls on a weekend or City holiday, the time limit of the appeal shall extend to the end of the next working day. Entitlement(s) shall not be issued until the effective date of the required permit.
(Ord. 1501 § 1, 2011)
If the application is denied without prejudice, the applicant may reapply for substantially the same request without complying with the time limit prescribed in Section
17.08.100 (New Application).
(Ord. 1501 § 1, 2011)
Following a denied or prejudicially denied land use entitlement
application, no application for a land use entitlement for the same
or substantially the same land use entitlement on the same site shall
be filed within one year from the date of denial of the land use entitlement,
unless it can be shown that there has been a change in the property
or environs substantially affecting the land use entitlement.
(Ord. 1501 § 1, 2011)
Unless otherwise conditioned, land use entitlements granted
pursuant to the provisions of this Chapter shall run with the land
through any change of ownership of the site, business, service, use,
or structures, provided that such use is compliant with this Title
or as specified in the land use entitlement, and the land use entitlement
does not expire. All applicable conditions of approval shall continue
to apply after a change in property ownership.
(Ord. 1501 § 1, 2011)
This Section provides procedures for the revocation of previously
approved land use entitlements.
A. Consideration.
The Approving Authority for the original land use entitlement shall
consider the revocation of same land use entitlement.
B. Noticed Public Hearing. The decision to revoke a land use entitlement 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
17.08.050 (Public Hearing and Public Notice).
C. Findings.
A decision to revoke a land use entitlement may be made if any one
of the following findings can be made:
1. Circumstances
under which the land use entitlement was granted have been changed
by the applicant to a degree that one or more of the findings contained
in the original land use entitlement can no longer be met.
2. The
land use entitlement 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 applicant's testimony presented during the
public hearing, for the land use entitlement.
3. One
or more of the conditions of the land use entitlement have not been
substantially fulfilled or have been violated.
4. The
use or structure for which the land use entitlement was granted has
ceased to exist or has lost its legal nonconforming use status.
5. The
improvement authorized in compliance with the land use entitlement
is in violation of any code, law, ordinance, regulation, or statute.
6. The
improvement/use allowed by the land use entitlement has become detrimental
to the public health, safety, or welfare, or the manner of operation
constitutes or is creating a public nuisance.
(Ord. 1501 § 1, 2011)