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)
A. 
Application. Applications pertaining to this Title shall be submitted in writing to the Community Development Director on a completed form designated for the particular request. Every application shall include applicant signature(s), agent authorization as appropriate, and the fee established by the City Council pursuant to Subsection 17.08.020(B) (Fee) of this Title to cover the cost of processing. Applications shall be submitted together with all plans, maps, and data about the project development, project site, and vicinity deemed necessary by the Community Development Director to provide the Approving Authority the adequate information on which to base decisions. Each application form lists the necessary submittal materials for that particular type of permit. The application shall contain all the information specified for the application by the Community Development Director. The application shall be accompanied by the fee established by the City Council.
B. 
Fee. The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the various applications authorized or required by this Title. All fees shall be paid at the time an application is filed, and no processing shall commence until the fee is paid in full.
(Ord. 1501 § 1, 2011)
A. 
Application Completeness. Within 30 days of application submittal, the Community Development Director shall determine whether or not the application for a discretionary project is complete. The Community Development Director shall notify the applicant, in writing, of the determination that either:
1. 
All the submittal requirements have been satisfied and the application has been accepted as complete.
2. 
Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with City standards and requirements.
B. 
Application Completeness without Notification. If the written determination is not made within 30 days after receipt, the application shall be deemed complete for purposes of this Chapter.
C. 
Resubmittal. Upon receipt and resubmittal of any incomplete application, a new 30-day period for all other applications shall begin during which the Community Development Director shall determine the completeness of the application. Application completeness shall be determined and noticed as specified in Subsection 17.08.030(A) (Application Completeness).
D. 
Incomplete Application. If additional information or submittals are required and the application is not made complete within six months of the completeness determination letter, the application shall be deemed by the City to have been withdrawn and no action will be taken on the application. Unexpended fees, as determined by the Community Development Director, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits, and other materials, must then be filed in compliance with Section 17.08.020 (Application and Fee).
E. 
Right to Appeal. The applicant may appeal the determination in accordance with Section 17.08.070 (Appeals) and the Permit Streamlining Act (California Government Code Section 65920 et seq.).
(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)
A. 
Purpose and Applicability. The purpose of these provisions is to prescribe the procedure through which an appeal may be made in case an interested person is dissatisfied with any order, requirement, permit, decision, determination, approval, or disapproval, made in the administration, interpretation, or enforcement of this title.
B. 
Appeal Authority. Any person dissatisfied with a determination or action of the Community Development Director or Planning Commission made pursuant to this Article may appeal such action to the designated Appeal Authority listed in Table 17.08.070-2 (Appeal Authority) below, within 10 days from the date of the action. Actions by the City Council are final, and no further administrative appeals are available.
TABLE 17.08.070-2
APPEAL AUTHORITY
Approving Authority for Action Being Appealed
Appeal Authority
Planning Commission
City Council
Community Development Director
X
 
Planning Commission
 
X
C. 
Filing an Appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within 10 days from, but not including, the date of determination or action for which an appeal is made, accompanied by a filing fee established by City Council resolution, and submitted to the Community Development Director. The filing of an appeal shall stay the issuance of any necessary subsequent permit(s) associated with any right or entitlement that will be the subject of the appeal.
1. 
Appeal of Community Development Director Decision
a. 
The applicant or any other person may appeal such decision by filing a written notice of appeal with the Community Development Director prior to the time the decision becomes final. The Community Development Director shall furnish forms of notice of appeal.
b. 
The Planning Commission may appeal a decision made by the Community Development Director by filing a written notice of appeal with the City Clerk prior to the time the decision becomes final.
2. 
Appeal of Planning Commission Decision
a. 
The applicant or any other person aggrieved may appeal such decision by filing a written notice of appeal with the Community Development Director prior to the time the decision becomes final.
b. 
The City Council may appeal a decision made by the Planning Commission by filing a written notice of appeal with the City Clerk prior to the time the decision becomes final.
D. 
Notice and Schedule of Appeal Hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within 45 days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 17.08.050 (Public Hearing and Public Notice).
E. 
Appeal Hearing and Action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the Appeal Authority shall state the basis for its action. Only such evidence and plans as were submitted to and ruled upon by the Approving Authority may be provided to the Appeal Authority for review. The Appeal Authority may act to confirm, modify, or reverse the action of the Approving Authority, in whole or in part, or add or amend such conditions as it deems necessary. The action of the Appeal Authority is final on the date of decision and, unless expressly provided by this Chapter, may not be further appealed.
(Ord. 1501 § 1, 2011)
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)
A. 
Time Limits. Unless a condition of approval or other provision of this Title establishes a different time limit, any permit not exercised within two years of approval shall expire and become void, except where an extension of time is approved in compliance with Subsection 17.08.120(C) (Permit Extensions) below.
B. 
Exercising Approvals. The exercise of a land use entitlement occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s) to the satisfaction of the Community Development Director. A land use entitlement may be otherwise exercised pursuant to a condition of the land use entitlement or corresponding legal agreement that specifies that other substantial efforts or expenditures constitute exercise of the land use entitlement. Unless otherwise provided, land use entitlements that have not been exercised prior to a Zoning Amendment that would make the permitted use or structure nonconforming shall automatically be deemed invalid on the effective date of the Zoning Amendment.
C. 
Permit Extensions. The approval of an extension extends the expiration date for one year from the original two-year time limit described in this Section. A one-year extension of time may be granted pursuant to the same process as set forth in this Section.
1. 
Process. The same Approving Authority that granted the original land use entitlement may extend the period within which the exercise of a land use entitlement must occur. Notice and/or public hearing shall be provided in the same manner as for the original land use entitlement. An application for extension shall be filed not less than 30 days prior to the expiration date of the land use entitlement, along with appropriate fees as adopted by the City Council by resolution and necessary submittal materials listed on the application form of the appropriate land use entitlement application.
2. 
Conditions. The land use entitlement, as extended, may be conditioned to comply with any development standards that may have been enacted since the land use entitlement was initially approved.
3. 
Land Use Entitlement Extension Findings. The extension may be granted only when the designated Approving Authority finds that the original land use entitlement findings can be made and there are changed circumstances or there has been diligent pursuit to exercise the land use entitlement that warrants such extension.
(Ord. 1501 § 1, 2011)
A. 
Any person holding a land use entitlement granted under this Title may request a modification or amendment to that land use entitlement. For the purpose of this Section, the modification of a land use entitlement may include modification of the terms of the land use entitlement itself, project design, or the waiver or alteration of conditions imposed in the granting of the land use entitlement.
B. 
If the Community Development Director determines that a proposed project action is not in substantial conformance with the original approval, the Community Development Director shall notify the property owner of the requirement to submit an application for consideration and action by the same Approving Authority as the original land use entitlement. A modification to the land use entitlement may be granted only when the Approving Authority makes all findings required for the original approval and the additional finding that there are changed circumstances sufficient to justify the modification of the approval.
(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)