This chapter establishes procedures that are common to all application submittals for development provided for in this Title. City review of a Zoning Permit or Discretionary Review application is required for all new development, unless exempted by any specific requirement of this Title or superseded by applicable law.
(Ord. 20-03 § 6; Ord. 21-07 § 4)
A. 
Applicant. The following persons may file applications:
1. 
The owner(s) of the subject property;
2. 
An Authorized Agent representing the owner(s); and
3. 
The City.
B. 
Application Forms. Each application for a permit, amendment, or other matter pertaining to this Title must be filed with the Director on a City application form, together with required fees and/or deposits, and all other information and materials as identified in the specific type of application. Submittal requirements may be increased or waived on a project-specific basis as determined necessary or appropriate by the Director.
C. 
Supporting Materials. It is the responsibility of the applicant to provide all necessary information, plans, or other documentation in order to establish evidence in support of the findings required by the applicable permit, amendment, or other matter pertaining to this Title. A project shall not be approved without the Review Authority having all of the required or requested information needed to make all of the findings for approval.
1. 
Electronic Submissions. A copy of all application materials must also be submitted to the City electronically.
2. 
Availability of Materials. All material submitted in support of an application becomes the property of the City.
D. 
Application Fees.
1. 
Schedule of Fees. The City Council will establish fees for permits, development mitigation fees (i.e., impact fees), informational materials, penalties, copying, and other such items. Applications will not be accepted without payment of an application fee or placement of a deposit.
2. 
Multiple Applications. The City’s processing fees are cumulative. When more than one type of action or permit is being requested, the total fee is the sum of the individual fees specified on the fee schedule unless a lower fee amount is authorized by the Director.
3. 
Refunds. In the case of a denial, expiration, withdrawal, or approval of an application with a deposit with a remaining balance, the City must provide a partial refund based upon the pro-rated costs to-date and the status of the application at the time of denial, expiration, withdrawal, or approval. No refunds are provided for applications with fixed fees except, at the discretion of the Director, a fixed fee or portion thereof may be transferred to a deposit application.
(Ord. 20-03 § 6; Ord. 21-07 § 4)
A. 
Case Processing. No application will be processed pursuant to this chapter before:
1. 
A determination by the Director that the application is complete; and
2. 
To the fullest extent allowed by law, any illegal conditions on the subject premises have been remedied or would be remedied as part of the proposed project. Nothing in this provision limits the City’s enforcement options under Chapter 17.69, Enforcement.
B. 
Determination of Incompleteness or Completeness. A determination of whether an application is complete or incomplete will be made within 30 days of the date the application is received.
1. 
Incomplete. If any required or requested information has not been provided to the City, the application shall be deemed incomplete and the Director will specify in writing and in detail the deficiencies in the application in accordance with applicable law, including, but not limited to, Government Code Section 65943.
2. 
Complete. If all application requirements and any additionally requested information has been submitted to the City allowing it to fully analyze a development application, the application shall be deemed complete.
C. 
Inactive Case Closure. Once a case is closed due to inactivity, a new application shall be required to process the proposed project. Closure of a case in these instances shall not be construed as denial of the application. Inactive cases shall be closed in accordance to the following:
1. 
Incomplete Applications. If an application is deemed incomplete and the applicant fails to submit the requested information within 90 days of the date of the “incompleteness determination” letter identifying what additional information is needed, the Director shall notify the applicant of an intent to close the case due to inactivity. The case will be closed if the applicant fails to provide all requested and required submittal information within 30 days of the intent to close notification.
2. 
Complete Applications. If an application is deemed complete, the project applicant may request a hold on the application for a period of 24 months. If the applicant fails to continue processing the application before the period ends, the Director shall notify the applicant of the Director’s intent to close the case due to inactivity. The case will be closed 30 days after the date of the notification if the applicant fails to continue processing the application.
D. 
Right of Entry and Inspection. Every applicant seeking a Zoning Permit or any other action in compliance with this Title shall allow City staff involved in the review of the application access to any premises or property that is the subject of the application at all reasonable times.
(Ord. 20-03 § 6; Ord. 20-09 § 5; Ord. 23-05 § 4)
All applications are subject to environmental review. As part of this review, additional information may be requested or changes to the project description may be required to address any potential significant impacts.
(Ord. 20-03 § 6)
A. 
Applicability. Public notice is required for the following types of permits, actions, and hearings:
1. 
Zoning Permits. All Zoning Permits, except for Zoning Clearances.
2. 
Zoning Code Determinations. All Zoning Code Determinations by the Director require noticing only on the City’s website.
3. 
Director Decisions. An action by the Director on applications for a substantial conformity determination, pursuant to Section 17.52.100(B) or an amendment to a prior discretionary approval, pursuant to Section 17.52.100(C) of this Title.
4. 
Public Hearings. All applications that require a public hearing before the City Council, Planning Commission, Design Review Board, or Zoning Administrator. All notices must be given pursuant to California Government Code Sections 65090 to 65096.
B. 
Contents of Public Notice.
1. 
General. All notices must include the following information:
a. 
The names of the applicant and the owner of the property that is the subject of the application;
b. 
The location of the real property, if any, which is the subject of the application. The location of the real property must include both the street address and Assessor Parcel Number, if available;
c. 
A general description of the proposed project, requested permit action, any requested modifications, and when applicable, any change to the extent of mapped ESHA, as represented on Figure 4-1 of the City's General Plan Conservation Element, proposed for the project pursuant to Section 17.30.200;
d. 
The case number assigned to the project by the City;
e. 
The location and times at which the complete application and project file, including any environmental analysis prepared in connection with the application, may be viewed by the public;
f. 
A statement describing how to submit written comments;
g. 
A brief description of the City’s general procedure concerning the decision-making process; and
h. 
Procedures for public comment prior to decision or for appeal, as appropriate.
2. 
Public Hearings. All notices for public hearings must include the following:
a. 
The date, time, location, and purpose of the public hearing;
b. 
The identity of the hearing body or officer;
c. 
The procedure for the submission of public comments in writing before the hearing and the procedure for public comments at the hearing;
d. 
A statement, that if a person challenges the subject project in court, that person may be limited to raising only those issues that the person, or someone else, raised at the public hearing or in written correspondence delivered to the City at, or before, the public hearing;
e. 
For City Council hearings, the dates of all prior public hearings by City Review Authorities, pursuant to Chapter 17.50 of this Title.
3. 
Coastal Zone. Additional Public Notice content for Coastal Development Permits and other actions requiring public notice by the Coastal Act must include the following:
a. 
A statement that the project is within the Coastal Zone, and that the project decision will include a determination on a Coastal Development Permit;
b. 
A determination of whether the project is appealable to the Coastal Commission under Public Resources Code Section 30603(a); and
c. 
If there is no public hearing, the date the application will be acted on and a statement that a public comment period of sufficient time to allow for the submission of comments by mail will be provided before the decision is rendered.
C. 
Notification Requirements. At a minimum, public notice must be provided in the following manner:
1. 
Mailed Notice. The City must provide notice by First Class mail for public hearings and for all Zoning Permits or other actions requiring notification pursuant to the Coastal Act.
a. 
Time Period. At least 10 days before the date of the public hearing or before an action on the application could be taken if there is no hearing.
b. 
Recipients.
i. 
The applicant and the owner of the subject property;
ii. 
Any person or group who has filed a written request;
iii. 
All property owners of record of property within 500 feet of the exterior boundaries of the subject parcel(s);
iv. 
Tenants of the subject parcel(s) and tenants within 500 feet of the exterior boundaries of the subject parcel(s);
v. 
Additional recipients for projects within the Coastal Zone:
(1) 
The California Coastal Commission,
(2) 
All persons who have filed a written request for notice of projects in the Coastal Zone.
c. 
Method for Large Mailings. If the number of property owners to whom notice would be mailed or delivered that are within 300 feet of the exterior boundaries of the subject parcel(s) is greater than 1,000, the City may instead provide notice to property owners and tenants otherwise receiving mailed notice pursuant to subsections (C)(1)(b)(iii) and (iv) by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the City at least 10 days before the date of the public hearing.
2. 
Newspaper Notice. Newspaper notice is required for all public hearings. The City must publish a notice in at least one newspaper of general circulation within the City at least 10 days before the date of the public hearing.
3. 
On-Site Posted Notice. One or more posted notices are required on the project parcel(s) for all proposed development except Zoning Clearances. Notice must be provided on the site of the proposed project in the form approved by the City as follows:
a. 
Number and Location.
i. 
At least one poster must be posted on each property line facing a public right-of-way. The Director may require additional posted notices, if necessary.
ii. 
Posted notices must be located at the property line or within 10 feet from the property line and at a height accessible for the public to read.
b. 
Time Period. For at least the 15 days immediately preceding the date of the public hearing or Director action, if required, through the appeal period of the applicable action.
c. 
Size. On-site posted notice signs for all new Development Plans, Amendments, and Revisions to Development Plans, and all new Conditional Use Permits, Amendments, and Revisions to Conditional Use Permits shall be:
i. 
Residential Districts. Eight square feet.
ii. 
Non-Residential Districts. 32 square feet.
4. 
Additional Notice for Drive-Through Facilities. For drive-through facilities, blind, aged, and disabled community members and groups must be noticed.
5. 
Story Poles. All development over 20 feet in height, except for single-unit dwellings and development not requiring a public hearing, shall require story poles that accurately depict the proposed structure(s). When required, story poles must convey size, bulk, and scale and must be installed consistent with the following provisions:
a. 
The story poles must be satisfactorily installed at least 14 days before the first scheduled public hearing date, unless an earlier date is deemed necessary by the Director and may be removed immediately following the hearing if no formal action is taken.
b. 
The story poles must remain in place until the expiration of the project’s local appeal period and must be removed within 10 calendar days afterwards.
c. 
Story poles shall depict a three-dimensional, full-scale silhouette that outlines major wall planes, gables, and ridges.
d. 
Installation of story poles must be certified by a licensed land surveyor as to their accuracy. Any deviations from proposed heights stated on plan sheets and what is depicted by the story poles must be calculated and disclosed.
e. 
Story poles must be of sturdy construction and braced or reinforced for safety purposes.
f. 
Installed story poles and associated flagging and/or netting shall be of materials and method of installation to withstand reasonably foreseeable weather or other site factors for the required duration of display.
g. 
If at any time the story poles become unsafe or shift location, they shall be repaired and reset.
6. 
Press Release. For projects proposing 10,000 square feet or more of structural development, a press release shall be issued at the time of notice for the first Conceptual Review by the Design Review Board.
D. 
Receipt of Public Notice. The failure of any person or entity to receive public notice that was provided pursuant to this section, or as provided by Government Code Sections 65090 to 65096, does not invalidate the actions of the Review Authority.
(Ord. 20-03 § 6; Ord. 20-09 § 5; Ord. 21-07 § 4; Ord. 22-06 § 4; Ord. 23-05 § 4; Ord. 24-01, 4/16/2024; Ord. No. 24-05, 12/3/2024)
All public hearings held pursuant to this Title must comply with the following procedures:
A. 
Held at Noticed Time and Place. A public hearing must be held at the date, time, and place for which notice was given;
B. 
Public Hearing Testimony. 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 who appears at a public hearing representing an organization must identify the organization being represented and, if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented. The presiding officer may establish time limits for individual testimony;
C. 
Continuance of a Noticed Public Hearing. The Review Authority may continue the public hearing to a fixed date, time, and place without additional noticing required. If an announcement of a continued date, time, and place is not given, notice of further hearings must be provided in compliance with this chapter; and
D. 
Action. The Review Authority action to approve, modify, revoke, or deny any discretionary decision must occur following the close of the public hearing.
(Ord. 20-03 § 6)
The Review Authority must make affirmative findings of fact as required by this Title for any approval of new development or at least one negative finding of fact for denial of a project. When a proposed project includes more than one concurrently-processed action, the Review Authority must only make the following Common Procedures findings once. Findings for approval or denial must be based upon substantial evidence derived from consideration of the application, project plans, public testimony, reports, and other relevant materials presented to the Review Authority.
A. 
Required Findings. In addition to any other findings required pursuant to this Title, where this section is specifically referenced, the Review Authority must make all of the following findings:
1. 
There are adequate infrastructure and public services available to serve the proposed development, including water and sewer service, existing or planned transportation facilities, fire and police protection, schools, parks, and legal access to the lot.
2. 
The proposed project conforms to the applicable regulations of this Title and any zoning violation enforcement on the subject premises has been resolved as permitted by law.
3. 
The proposed development is located on a legally created lot.
4. 
The development is within the project description of an adopted or certified CEQA document or is statutorily or categorically exempt from CEQA.
(Ord. 20-03 § 6; Ord. 20-09 § 5)
The Review Authority may impose reasonable conditions on any approval in accordance with applicable law and demonstrated nexus to protect the persons or property in the neighborhood, to preserve the neighborhood character, natural resources or scenic quality of the area, to preserve or enhance the public peace, health, safety, and general welfare, or to implement the purposes of this Title. In addition to the conditions imposed by the Review Authority and any other agency with jurisdiction over a project, the City may consider as a requirement or condition, any plan, exhibit, statement, or other material provided by the applicant and on record with the decision.
(Ord. 20-03 § 6)
A. 
Effective Date. The final decision on an application for proposed development becomes effective after the expiration of the 10-day appeal period following the approval date, unless an appeal is filed, except for Emergency Permits and Zoning Clearances. Emergency Permits and Zoning Clearances become effective on the date of issuance.
B. 
Issuance Date. A Zoning Permit under this Title is issued after the effective date and when all applicable Prior to Issuance conditions of approval have been met.
C. 
Expiration. Except for legislative actions, every approval by a Review Authority is subject to expiration. The following expiration terms apply:
1. 
Discretionary Actions. Discretionary actions include project-specific expiration terms as detailed in its relevant chapter of this Title.
2. 
Zoning Permits, Substantial Conformity Determinations, and Amendments.
a. 
Approval. An action to approve a Zoning Permit, Substantial Conformity Determination, or Amendment expires one year after the effective date, unless a Zoning Permit has been issued.
b. 
Issuance. Unless otherwise specified, an issued permit expires two years after its issuance date unless the use or structure for which the permit was issued has been established or commenced in compliance with the issued permit or unless a time extension is approved in compliance with subsection D below.
3. 
City Projects. There is no expiration date for actions on City projects, including Capital Improvement Program projects.
4. 
Multiple Expiration Dates. Where a project includes multiple expiration dates, all approvals shall have the expiration date of the latest expiration date of a single approval for the project.
D. 
Time Extensions. The original Review Authority may approve one- or more-time extension up to a total of two years for any Discretionary Action, Substantial Conformity Determination, Amendment, or Zoning Permit.
1. 
Application and Fee. The extension must be based upon receipt of a written application with the required fee prior to expiration date of the action or permit.
2. 
Status of Previous Approval. An application for a time extension stays the expiration of the previous approval or permit until action on the request is made. Any time after the original expiration date of the previous approval or permit used to process the extension request counts against the maximum extension period.
3. 
Required Findings. In considering a time extension, the Review Authority must make the following findings:
a. 
The grant of the extension must be based upon a finding of good cause.
b. 
All original findings for approval can still be made.
E. 
Tolling. Any expiration date or other time limit imposed by this Title shall be tolled while any action, claim or proceeding to attack, set aside or void a permit is pending before any court of law. A case is pending from the day the action, claim or proceeding is filed with any court until the court enters its ultimate disposition of the case, such as entry of an order, judgment or final decision, or issuance of remittitur, whichever action occurs last.
(Ord. 20-03 § 6; Ord. 21-07 § 4; Ord. 24-01, 4/16/2024; Ord. 25-10, 12/2/2025)
Changes to previously approved Zoning Permits and Discretionary Approvals shall be reviewed against the regulations and development standards in effect at the time the City acts upon the application for the requested change and must be processed pursuant to this section. Any nonconforming, existing development shall be subject to Chapter 17.36, Nonconforming Uses and Structures.
A. 
Zoning Permit. Minor changes to an approved or issued Zoning Permit may be allowed; provided the changes substantially conform to the approved or issued permit. A request must be processed in the following manner:
1. 
The Director may approve a minor change to an approved or issued Zoning Permit, subject to all of the following:
a. 
The minor change conforms substantially with the approved plans and the originally approved or issued permit;
b. 
There is no change in the use or scope of the development;
c. 
The minor change does not result in a change to the City’s conclusions regarding the project’s specific conformance to development standards and findings;
d. 
The permit has not expired;
e. 
The minor change is exempt from Design Review, pursuant to Section 17.58.020, Exemptions, and would not be counter to any design direction previously provided;
f. 
The change would otherwise be exempt from a Zoning Permit or only require a Zoning Clearance;
g. 
If the site is one acre or less, the footprint of the structure may not be moved more than five percent closer to any property line. If the site is more than one acre, the footprint of the structure may not be moved more than 10 percent closer to any property line; and
h. 
The change does not affect easements for trails, public access, or open space.
2. 
Where a minor change of an approved or issued Zoning Permit is approved, the permit has the same effective and expiration dates as the original permit and no additional public notice is required.
3. 
Where it cannot be determined that the minor change materially conforms to an approved or issued permit in compliance with the above criteria, a new permit is required.
4. 
The determination to allow a minor change to an approved or issued Zoning Permit is final and not subject to appeal, pursuant to this Title.
B. 
Substantial Conformity Determination.
1. 
Minor Changes to Approved Development. The Director may approve a minor change to any Conditional Use Permit or Development Plan approved pursuant to this Title prior to the approval expiration, if applicable. The Director must determine that the change is in substantial conformity with the approval such that the change would not result in a change to the project, which would alter the scope and intent of the approval the Review Authority originally acted on, pursuant to the standards and findings below:
a. 
Development Thresholds.
i. 
The change will not result in an increase of 1,000 square feet or more than 10 percent, whichever is less, of building coverage of new structures over the total allowed in the original approval.
ii. 
The change will not result in an overall height, which is greater than 10 percent above the originally approved height.
iii. 
The change will not result in more than 1,500 cubic yards of new cut and/or fill in the Inland Area (50 cubic yards in the Coastal Zone) and avoids slopes of 30 percent or greater unless these impacts were addressed in the environmental analysis for the project; mitigation measures were imposed to mitigate said impacts and the change will not compromise the mitigation measures imposed.
iv. 
The project is located within the same general location as, and is topographically similar to, approved plans. The location must not be moved more than 10 percent closer to a property line than the originally approved permit or plan.
2. 
Required Findings. A Substantial Conformity Determination may only be approved if all of the following findings can be made:
a. 
The findings required for the original approval can still be made.
i. 
Exception. When the original findings are not on file with the City, this finding is to be replaced with the following finding: There are adequate infrastructure and public services available to serve the proposed development, including water and sewer service, existing or planned transportation facilities, fire and police protection, schools, parks, and legal access to the lot.
b. 
The change does not conflict with project conditions of approval and/or final map conditions and the change can be effectuated through existing permit conditions.
c. 
The change will not result in environmental impacts not analyzed or discussed at the time of the previous approval or result in the need for additional mitigation measures and the change does not alter; findings that the benefits of the project outweigh the significant unavoidable environmental effects, if any, made in connection with the original approval.
d. 
Any changes to the original project are consistent with any prior Design Review approval or conditions of approval for landscaping and structures.
3. 
Effectuation. The Review Authority’s approval must be effectuated by a Zoning Clearance.
C. 
Amendments. Where a change to a Discretionary Approval cannot meet the findings for a Substantial Conformity Determination above, the Director may approve or conditionally approve an application to alter, add, replace, relocate or otherwise amend the approval, provided:
1. 
Previous Project. The previous project was:
a. 
Analyzed for potential environmental impacts and policy consistency as a part of the approval and an addendum to the previous environmental document can be prepared for the change; or
b. 
Not analyzed in a previous environmental document and policy consistency was not considered as part of the approval, but the proposed change is found to be exempt from CEQA.
2. 
Required Findings. All of the following findings must be made:
a. 
The findings required for the original approval can still be made.
i. 
Exception. When the original findings are not on file with the City, this finding is to be replaced with the following finding: There are adequate infrastructure and public services available to serve the proposed development, including water and sewer service, existing or planned transportation facilities, fire and police protection, schools, parks, and legal access to the lot.
b. 
The environmental impacts related to the proposed change are substantially the same or less than those identified for the previous approval.
3. 
Public Hearing. A public hearing is not required for Amendments to a previous approval.
4. 
Consideration. The Planning Commission must consider Amendments to an approval, if the Director determines there are issues that require Planning Commission review.
D. 
Revisions. Proposed changes to a previous approval, which are not subject to subsections A through C above, are considered significant and must be processed in the same manner as a new project.
E. 
Exception. Changes to previously approved Development Plans for development on a lot with a single-unit dwelling where the proposed development is consistent with the standards in the Development Plan. In such cases where this exception applies, the other permitting and approval requirements for development pursuant to this Title apply and the standards of this Title apply unless the previously adopted Development Plans specifies different standards, in which case those standards would apply.
(Ord. 20-03 § 6; Ord. 22-06 § 4; Ord. 23-05 § 4; Ord. 24-01, 4/16/2024; Ord. 25-10, 12/2/2025)
Any Zoning Permit or Discretionary Approval may be revoked in accordance with applicable law. An approval may be revoked by the City’s Review Authority with jurisdiction pursuant to this Title. The provisions of this section are not applicable to the termination of nonconforming uses which are governed by the provisions of Chapter 17.36, Nonconforming Uses and Structures.
A. 
Initiation of Proceeding. The Director or the City Attorney’s office may initiate revocation proceedings.
B. 
Notification. Notice of the proposed action to revoke an approval must be provided in the same manner as the original Zoning Permit or Discretionary Approval must be noticed pursuant to Section 17.52.050, Common Procedures—Public Notification.
C. 
Circumstances. An action to approve a project may be revoked under any one of the following situations:
1. 
The approval was obtained by means of fraud or misrepresentation of a material fact; or
2. 
There is or has been a violation of or failure to observe the terms or conditions of the permit or approval, or the use has been conducted in violation of the provisions of this Title or other applicable law.
D. 
Termination. The City’s action to revoke an approval has the effect of terminating the approval and denying the privileges granted by the original approval.
(Ord. 20-03 § 6)
This section provides procedures to be used whenever an applicant or aggrieved party challenges a decision made by a Review Authority.
A. 
Applicability. Any action by a Review Authority made in the administration or enforcement of the provisions of this Title may be appealed in accordance with this section.
1. 
Appeals of Director Decisions.
a. 
The following decisions of the Director may not be appealed: Zoning Clearances, Emergency Permits, and Minor Changes to a Zoning Permit.
b. 
The following decisions of the Director may be appealed to the Planning Commission: Land Use Permits, Temporary Use Permits, Coastal Development Permits, and Waivers for De Minimis Development, Time Extensions, Zoning Code Determinations, Amendments, and Substantial Conformity Determinations.
2. 
Appeals of Zoning Administrator Decisions. Decisions of the Zoning Administrator may be appealed to the City Council.
3. 
Appeals of Design Review Board Decisions. Decisions of the Design Review Board may be appealed to the Planning Commission.
a. 
An appeal of a Design Review Board decision shall be stayed until action on any accompanying Zoning Permit, except for a Zoning Clearance, occurs.
b. 
If both actions are appealed, the appeals must be heard together at the higher Review Authority.
4. 
Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council.
5. 
Appeals of City Council Decisions. Decisions of the City Council on projects located within the Inland Area of the City are final and not subject to appeal, pursuant to this Title.
6. 
Appeals to California Coastal Commission. City approval of development within the Coastal Zone is appealable to the California Coastal Commission only in the following instances:
a. 
The approved development is located within the appeals jurisdiction; or
b. 
The approved development is a Conditional Use.
B. 
Right to Appeal. An appeal may only be filed by an applicant or any aggrieved party.
C. 
Time Limits. Unless otherwise specified in State or Federal law, all appeals must be filed in writing, as specified in subsection D below.
D. 
Procedures.
1. 
Proceedings Stayed by Appeal. The timely filing of an appeal within the 10-day appeal period shall stay all proceedings for the permit or action being appealed.
2. 
Filing of Appeals.
a. 
Process. A written appeal must be filed no later than close of business of the Planning and Environmental Review Department on the last day of the appeal period. All appeals must be accompanied by payment of the required fee established by City Council resolution. Failure to file a timely appeal results in the decision becoming effective.
b. 
Effect. The filing of an appeal in compliance with this chapter shall have the effect of suspending the effective date of the decision being appealed, and no further actions or proceedings shall occur in reliance on the decision being appealed except as allowed by the outcome of the appeal.
c. 
Withdrawal. Once filed, an appeal may only be withdrawn by a written request submitted to the Director, with the signatures of all persons who filed the appeal.
3. 
Submittal Requirements. The appeal must set forth, in concise language, the following:
a. 
The identity of the decision or determination appealed, which may include the conditions of that decision or determination and must include the following information:
i. 
Case number;
ii. 
Review Authority;
iii. 
Date of decision; and
iv. 
Reason for the appeal.
b. 
If an applicant or aggrieved party wishes to appeal a Review Authority’s decision on a project, an appeal application shall not be accepted by the Director unless it identifies one or more of the following:
i. 
Zoning Regulations. A clear, complete, and concise statement of the reasons why the decision or determination is inconsistent with a specific zoning requirement or development standard set forth within this Title, the General Plan, or other applicable law.
ii. 
Design Standards. A clear, complete, and concise statement of the reasons why the decision or determination is inconsistent with a specific design requirement set forth within this Title or the General Plan.
iii. 
Error or Abuse of Discretion. If it is claimed that there was an error or abuse of discretion on the part of the Review Authority, or other officer or authorized employee, or that there was a lack of a fair and impartial hearing, or that the decision is not supported by the evidence presented for consideration leading to the making of the decision or determination that is being appealed, or that there is significant new evidence relevant to the decision which could not have been presented at the time the decision was made, then these grounds shall be specifically stated.
4. 
Receipt of Appeal Application. The decision of the Director to accept or reject an appeal application is final and not subject to appeal, pursuant to this Title.
5. 
Action. The appeal body must conduct a public hearing, after which it may affirm, reverse, or modify the previous decision. If the appeal body is deadlocked, the decision of the lower Review Authority remains in effect.
6. 
Standards of Review. Appeals shall be heard de novo. At the hearing, the appeal body may only consider any issue involving or related to the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.
E. 
Right to Judicial Review. Any party aggrieved by a final decision of the City, pursuant to this Title, may seek judicial review of the decision.
(Ord. 20-03 § 6; Ord. 22-06 § 4; Ord. 25-10, 12/2/2025)
A. 
Denial With Prejudice.
1. 
Effect. An application or appeal may be denied with prejudice. If the denial becomes final, no further application for the same or substantially similar Zoning Permit or Discretionary Approval for the same parcel shall be filed for a period of one year. An application may be denied with prejudice on the grounds that two or more similar applications for the same parcel have been denied in the past two years, or that another cause exists for limiting the refiling of the application.
2. 
Similar Project. The Director shall determine whether a subsequent application for a Zoning Permit or Discretionary Approval is for the same or a substantially similar use, or land use request that was denied with prejudice.
B. 
Denial Without Prejudice. There shall be no limitation on subsequent Zoning Permit or Discretionary Approval applications for a parcel on which a project was denied without prejudice.
(Ord. 20-03 § 6)
Permits and approvals pursuant to this Title are cumulative. A specific development may require multiple permits and/or approvals based on the specific project description. Any permit or approval requirement for a use is separate and distinct from any permit or approval requirement for a structure. Any stated exemption from permitting for a use does not eliminate any permit or approval requirements for a proposed structure, and vice versa.
(Ord. 20-03 § 6)