This chapter establishes procedures and requirements for the preparation, filing, and initial processing of permit applications required by the Zoning Ordinance.
A.
Review and Decision Making Authority. Table 17.43-1 (Review and Decision-Making Authority) identifies the roles of each decision-making authority on each type of permit and approval required by the Zoning Ordinance.
TABLE 17.43-1 REVIEW AND DECISION-MAKING AUTHORITY | |||
|---|---|---|---|
Type of Action | Role of Authority [1] | ||
Development Services Director or Designee | Planning Commission | City Council | |
Legislative Actions | |||
Development Agreements | Recommend | Recommend | Decision |
Zoning Code Amendments | Recommend | Recommend | Decision |
General Plan Amendments | Recommend | Recommend | Decision |
Specific Plan Review | Recommend | Recommend | Decision |
Discretionary Approvals | |||
Administrative Determination | Decision | Appeal | Appeal |
Administrative Use Permit | Decision | Appeal | Appeal |
Change of Use | Decision | Appeal | Appeal |
Conditional Use Permit | Recommend | Decision | Appeal |
Extension of Time | Decision | Appeal | Appeal |
Film Permit | Decision | Appeal | Appeal |
Historic Demolition | Recommend | Decision | Appeal |
House Moving | Decision | Appeal | Appeal |
Local Register Designation/Removal | Recommend | Decision | Appeal |
Lot Line Adjustment | Decision | Appeal | Appeal |
Lot Merger | Decision | Appeal | Appeal |
Minor Adjustment | Decision | Appeal | Appeal |
Parcel Map | Recommend | Decision | Appeal |
Accessory Outdoor Dining | Decision | Appeal | Appeal |
Sign Review | Decision | Appeal | Appeal |
Similarity of Use | Decision | Appeal | Appeal |
Development Plan Review | Decision | Appeal | Appeal |
Special Event | Decision | Appeal | Appeal |
Street Vacation | Recommend | Recommend | Decision |
Temporary Sign | Decision | Appeal | Appeal |
Tract Map | Recommend | Decision | Appeal |
Variance | Recommend | Decision | Appeal |
Zoning Clearance | Decision | Appeal | Appeal |
Note: | |
[1] | "Recommend" means that the review authority makes a recommendation to a higher decision-making body. "Decision" means that the review authority makes the final decision on the matter. "Appeal" means that the review authority shall consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 17.47 (Referrals, Appeals, and Calls for Review). For multiple applications that are processed concurrently, see Section 17.43.050. E (Multiple Applications) below. |
B.
Director Referrals. The Development Services Director or designee may refer to the Planning Commission for review and final decision any action that he or she believes warrants the scrutiny and discretion of the Planning Commission.
A.
Planning Agency. The City Council, Planning Commission and Development Services Director or designee shall function as the Planning Agency and as the Advisory Agency in compliance with Government Code Section 65100. The specific function of each of these entities in the administration of the Zoning Ordinance shall be as specified in the subsections below.
B.
City Council. The role of the City Council in the administration of the Zoning Ordinance includes the following, as shown in Table 17.43-1 (Review and Decision-Making Authority):
C.
Planning Commission.
1.
Appointment. The establishment of the Planning Commission shall be in accordance with Section 2.16.020 of the Upland Municipal Code.
2.
Role. The role of the Planning Commission in the administration of the Zoning Ordinance includes the following, as shown in Table 17.43-1 (Review and Decision-Making Authority):
a.
Serving as the review authority on permit and approval applications.
b.
Reviewing appeals filed from the Development Services Director or designee on permit applications.
c.
Providing recommendations to the City Council on legislative actions.
d.
Providing an annual review of the capital improvement program for consistency with the General Plan.
D.
Development Services Director.
1.
Appointment. The Development Services Director or the Director's designee shall serve as administrator of the Zoning Ordinance.
2.
Role. The role of the Development Services Director or designee in the administration of the Zoning Ordinance includes the following:
a.
Serving as the review authority on permit and approval applications as shown in Table 17.43-1 (Review and Decision-Making Authority);
b.
Soliciting technical expertise from affected disciplines as necessary (i.e., planning, building and safety, engineering, public works, fire and police) in developing recommendations on legislative actions and discretionary approvals.
c.
Convening staff from affected disciplines as necessary (i.e., planning, building and safety, engineering, public works, fire and police) in developing recommendations on discretionary and legislative actions.
d.
Interpreting the Zoning Ordinance as specified in Chapter 17.02 (Interpretation of the Zoning Ordinance);
e.
Referring action as needed on any permit, approval or interpretation to the Planning Commission for review and final decision;
f.
Providing recommendations to the Planning Commission and City Council; and
g.
Enforcing the requirements and violations of this Zoning Ordinance.
The Zoning Ordinance shall be enforced in the manner determined to be the most appropriate, which may include, but not be limited to, the procedures as established in Upland Municipal Code Chapter 1.16 (Penalty Provisions), Chapter 8.16 (Abatement of Nuisance Buildings), as well as any other procedures available in local, State, or federal law.
A.
Unlawful Activities.
1.
Any improvement, building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained, or any use of any building or land which is conducted, operated or maintained contrary to the provisions of this Zoning Ordinance, or contrary to any detailed statement, plan, or condition of approval, approved in accordance with the provisions of this Zoning Ordinance shall be and the same is declared to be a violation of this Zoning Ordinance and is unlawful and a public nuisance.
2.
Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this Zoning Ordinance, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or uses any building or land in violation of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $1,000.00, or by imprisonment for a term not to exceed six months, or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this Zoning Ordinance is committed or continued by such person, and shall be punishable as herein provided.
A.
Pre-Application Conference.
1.
The City encourages prospective applicants to request a pre-application conference with the Development Services Department before completing and filing a permit application.
2.
The purpose of a pre-application conference is to:
a.
Inform the applicant of City requirements as they apply to the proposed project.
b.
Review the City's review process, possible project alternatives, or modifications.
c.
Identify information and materials the City will require with the application and any necessary technical studies and information relating to the environmental review of the project.
3.
Information and materials provided by City staff to the applicant at the pre-application conference shall not be construed as a recommendation for either approval or denial of the proposed project.
4.
Failure by City staff to identify at a pre-application conference all studies or application requirements shall not constitute a waiver of those studies or requirements.
B.
Application Contents.
1.
All applications for a permit required by the Zoning Ordinance shall be filed with the Development Services Department on an official City application form.
2.
The application shall be filed with all required fees, deposits, information, and materials as specified by the Development Services Department.
3.
The City encourages applicants to contact the Development Services Department before submitting an application to verify which materials are necessary for application filing.
C.
Eligibility for Filing.
1.
An application may only be filed by the owner of the subject property or a lessee or authorized agent of the owner with the written consent of the property owner.
2.
The application shall be signed by the owner of the subject property or a lessee or authorized agent of the owner if written authorization from the owner is filed concurrently with the application.
D.
Rejection of Application. If the Development Services Director or designee determines that an application requests permission for an action not allowed in the applicable zone or that cannot lawfully be approved by the City, the Development Services Director or designee shall not accept the application for processing.
E.
Multiple Applications. If more than one permit application is submitted concurrently for a single proposed project, each application shall be acted upon concurrently by the highest designated review authority as shown in Table 17.43-1 (Review and Decision Making Authority).
Application fees required for any permit application shall be paid as required by the City of Upland Master Fee Schedule.
A.
Review for Completeness.
1.
The Development Services Department shall review each application for completeness and accuracy before it is accepted.
2.
Acceptance of the application by the Development Services Department shall be based on the City's list of required application contents and any additional written instructions provided to the applicant in a pre-application conference or during the initial application review period.
3.
Within 30 calendar days of application acceptance, the applicant shall be informed in writing that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information is required.
4.
When the Development Services Department determines that an application is incomplete, and the applicant believes that the application is complete or that the information requested by the Development Services Department is not required, the applicant may appeal the determination in compliance with Chapter 17.47 (Referrals, Appeals, and Calls for Review).
5.
After the City has accepted an application as complete, the Development Services Department may require the applicant to submit additional information for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA).
B.
Referral of Application. At the discretion of the Development Services Department, or where otherwise required by the Zoning Ordinance or state or federal law, an application may be referred to any public agency that may have an interest in the proposed project.
A.
CEQA/NEPA Review. After acceptance of a complete application, Development Services Department staff shall review the project in compliance with the California Environmental Quality Act, the National Environmental Protection Act (NEPA), and any other applicable environmental laws and regulations to determine the type of documentation that is required for a project.
B.
Compliance with CEQA/NEPA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA, NEPA, and any applicable environmental laws and regulations, including adopted environmental review guidelines by the City of Upland. Staff may require the applicant to submit fees to cover the costs associated with hiring a third party consultant for preparation and/or review of environmental documents as necessary to comply with CEQA/NEPA.
C.
Special Studies Required. Special studies, paid for in advance by the applicant, may be required to supplement the City's CEQA/NEPA compliance review.
A.
Project Evaluation. Development Services Department staff and affected disciplines, as necessary, shall review all applications to determine if they comply with all applicable requirements, including the Zoning Ordinance, other applicable provisions of the Upland Municipal Code, the General Plan, applicable specific plans, the Airport Land Use Compatibility Plan, the Subdivision Map Act, and any other requirements that apply.
B.
Recommendation. Development Services Department staff shall provide a written recommendation to the higher decision-making body (i.e., Planning Commission or City Council) on behalf of the Development Services Director as to whether the application should be approved, approved with conditions, or denied.
C.
Report Distribution. Each staff report shall be furnished to the applicant at the same time it is provided to the review authority before action on the application.
A.
Response Required. If an applicant does not provide information specified in Section 17.43.050(B) (Application Contents) or the fees specified in Section 17.43.060 (Application Fees) as requested in writing by the Development Services Department within 6 months following the date of the letter, the application shall be deemed withdrawn.
B.
Refund of Fees. Any remaining fees submitted with the project application shall be returned to the applicant in the event that an application is deemed withdrawn.
C.
Resubmittal. After the expiration of an application, future City consideration shall require the submittal of a new complete application and associated filing fees.