The purpose of Articles 18 through 35 of this chapter is to
outline procedures together with various land use permit options,
in addition to providing for amendments to the General Plan, the Zoning
Map, and these Zoning Regulations.
Table 4-1 identifies the full range of land use permit options
and applicable review authority.
|
Table 4-1
THRESHOLD OF REVIEW
| |||
|---|---|---|---|
|
Type of Application
|
Director (1)
|
Planning Commission
|
City Council
|
|
Amendments (e.g., General Plan, Zoning Map, and Zoning Text
|
R
|
R (2)
|
F
|
|
Conditional Use Permits
|
R
|
F
|
A
|
|
Design Review Permits
|
R
|
F
|
A
|
|
Development Agreements
|
R
|
R (2)
|
F
|
|
Home Occupation Permits
|
F
|
A
|
A
|
|
Interpretations
|
Issuance
|
A
|
A
|
|
Lot Line Adjustments
|
F
|
A
|
A
|
|
Minor Conditional Use Permits
|
F
|
A
|
A
|
|
Minor Variances
|
F
|
A
|
A
|
|
Development Permits
|
R
|
F
|
A
|
|
Planned Development Permits
|
R
|
F
|
A
|
|
Sign Permits
|
Issuance
|
A
|
A
|
|
Specific Plans
|
R
|
R (2)
|
F
|
|
Temporary Use Permits
|
F
|
A
|
A
|
|
Tentative, Parcel, and Final Maps
|
R
|
R
|
F
|
|
Variances
|
R
|
F
|
A
|
|
Zoning Clearances
|
Issuance
|
A
|
A
|
|
Key:
| |
|---|---|
|
R
|
Review and recommendation body
|
|
F
|
Final decision-making body
|
|
A
|
Appeal body
|
|
Notes:
| |
|---|---|
|
1.
|
The Director may defer action and refer any entitlement application
to the Commission for final determination.
|
|
2.
|
Commission recommends to Council for final determination.
|
|
3.
|
The Department's design review process is an integral part of
the review and recommendation process for all discretionary entitlements.
|
|
THE ENTITLEMENT REVIEW PROCESS
 |
(§ 3, Ord. 771, eff. February 13, 2004)
(a)
An applicant for a development project, which requires the filing of more than one application, shall file all related applications concurrently, unless waived by the Director, and submit appropriate processing deposits/fees in compliance with Section 10-2.1806
(b)
Permit processing and environmental/design review shall be concurrent
and the final decision on the project shall be made by the highest
level of review authority, in compliance with Table 4-1. For example,
a project requiring a conditional use permit and a variance shall
be determined by the Commission, while a project requiring a planned
development permit and a tentative tract or parcel map shall ultimately
be determined by the Council.
(§ 3, Ord. 771, eff. February 13, 2004)
(a)
A prospective applicant is strongly encouraged to request a pre-application
conference with the Department before submittal of a single land use
permit application.
(b)
This conference should take place before any substantial investment
(e.g., land acquisition, site, engineering and construction plans)
in the preparation of the proposed development project application.
During the conference, the Department representatives shall inform
the applicant of applicable General Plan policies, plans, and requirements
as they apply to the proposed development project, review the appropriate
procedures identified in these Zoning Regulations, and examine possible
alternatives or modifications relating to the proposed project. Preliminary
evaluation of environmental issues and potential technical studies
relating to future environmental review should be identified.
(c)
Neither pre-application review nor the provision of available information
and/or pertinent policies shall be construed as a recommendation for
approval/disapproval by the Department representative(s). A fee may
be imposed for the pre-application conference in compliance with the
City's fee resolution.
(§ 3, Ord. 771, eff. February 13, 2004)
(a)
A prospective applicant is strongly encouraged to request a "concept
review" from the Department for all development projects involving
multiple permit applications or complex land use issues.
(b)
The applicant should examine the advantages of utilizing a publicly-noticed
concept review process in order to obtain necessary neighborhood input
at the earliest possible stages of concept design and planning.
(c)
The publicly-noticed concept review process is strongly encouraged
for residential projects containing four or more dwelling units and
nonresidential projects containing 10,000 square feet or more of total
building area.
(§ 3, Ord. 771, eff. February 13, 2004)
(a)
Filing procedure. Applications for amendments, entitlements, and
other matters pertaining to these Zoning Regulations shall be filed
with the Department in the following manner:
(1)
The application shall be made on forms furnished by the Department.
(2)
All necessary fees and/or deposits shall be paid in compliance with
the City's fee resolution.
(3)
The application shall be accompanied by the information identified
in the Department handout for the particular application, and may
include address labels, exhibits, maps, materials, plans, reports,
and other information required by the Department, to describe clearly
and accurately the proposed work, its potential environmental impact,
and its effect on the terrain, existing improvements, and the surrounding
neighborhood.
(4)
Applicants are encouraged to contact the Department before submitting
an application to verify which materials are necessary for application
filing.
(5)
Acceptance of the application does not constitute an indication of
approval by the City.
(b)
Eligible applicants.
(1)
Applications may only be made by the owners or lessees of property,
or their agents, with the written consent of the owner; or
(2)
Persons who have contracted to purchase or lease property contingent
upon their ability to acquire the necessary entitlements in compliance
with these Zoning Regulations.
(c)
Evidence to support findings. It is the responsibility of the applicant
to establish the evidence in support of the findings required by the
applicable sections entitled "Findings and Decision."
(d)
Failure to support a prima facie right.
(1)
If the Director determines that the application does not support
a prima facie right to the granting of the application (e.g., a request
for a Zoning Map amendment or tentative map that could not be granted
in the absence of a required General Plan amendment application, a
request for a conditional use permit allowing a use that is not allowable
in the subject zoning district), the applicant shall be so informed.
(2)
If the application is subsequently filed and the required fee(s)
paid, the fact that the applicant was so informed shall be noted on
the application and the signature of the applicant shall constitute
verification of being informed.
(3)
Acceptance of the application does not constitute an indication of
approval by the City.
(§ 3, Ord. 771, eff. February 13, 2004)
(a)
Filing fees required.
(1)
The Council shall, by resolution, establish a schedule of fees for
amendments, entitlements, and other matters pertaining to these Zoning
Regulations, referred to as the City's fee resolution.
(2)
The schedule of fees may be changed only by resolution of the Council.
(3)
The City's processing fees are cumulative. For example, if an application
for a parcel map also requires a variance, both fees shall be charged.
(4)
Unusually large or complex projects may be subject to an hourly rate
in addition to the basic application fees/deposit.
(5)
Processing shall not commence on an application until all required
fees/deposits have been paid.
(6)
Without the application fee, or a deposit if appropriate, the application
shall not be deemed complete.
(7)
The City is not required to continue processing any application unless
additionally required fees/deposits (e.g., additionally required "real
cost" deposits) are paid in full.
(8)
Failure to pay the applicable fees/deposits is grounds for disapproval
of the application.
(9)
Conditional use permits, lot line adjustments, and other similar
legal documents shall not be recorded by the City until all required
fees have been paid in full.
(b)
The Council may waive any of the fees required by the City's fee
resolution for sufficient cause being demonstrated by the applicant.
The determination of what shall constitute "sufficient cause" shall
be at the discretion of the Council. Factors to be considered include:
(1)
The required fees are deemed disproportionate to the value of the
proposed project which is subject to the application;
(2)
The subject application is deemed to be clearly erroneous or based
upon a mistake of fact or law;
(3)
Substantial doubt exists as to the need for the application; or
(4)
The applicant is a non-profit organization proposing a project that
would significantly benefit or enhance publicly-owned lands.
(c)
Refunds and withdrawals.
(1)
Recognizing that filing fees are utilized to cover City costs of
public hearings, mailing, posting, transcripts, and staff time involved
in processing applications, no refunds due to disapproval are allowed.
(2)
In the case of a withdrawal, the Director may authorize a partial
refund based upon the prorated costs to-date and determination of
the status of the application at the time of withdrawal.
(§ 3, Ord. 771, eff. February 13, 2004)
All applications filed with the Department shall be initially
processed as follows:
(a)
The Director shall review all applications for completeness and accuracy
before they are accepted as being complete and officially filed.
(1)
The applicant shall be informed in writing within 30 days of submittal,
either that the application is complete and has been accepted for
processing, or that the application is incomplete and that additional
information, specified in the letter, shall be provided.
(2)
Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the determination in compliance with Article 30 of this chapter.
(3)
When an application is incomplete, the time used by the applicant
to submit the required additional information shall not be considered
part of the time within which the determination of completeness shall
occur. The time available to an applicant for submittal of additional
information is limited by subsection (a)(4) of this section.
(4)
Expiration of application.
(A)
If a pending application is not able to be deemed complete within
180 days after the first filing with the Department, the application
shall expire and be deemed withdrawn.
(B)
The Director may grant one 180-day extension.
(C)
A new application, including exhibits, fees, plans, and other materials
which shall be required to commence processing of a project application
on the same property, may then be filed in compliance with these Zoning
Regulations.
(5)
After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 10-2.1808
(6)
An application shall not be deemed complete, and/or shall not be
processed or approved, in the event that a condition exists on the
subject property in violation of these Zoning Regulations or any entitlement
granted in compliance with these Zoning Regulations, other than an
application for the entitlement, if any, needed to correct the violation.
(b)
At the discretion of the Director, or where otherwise required by
these Zoning Regulations, State, or Federal law, an application may
be referred to any public agency that may be affected by or have an
interest in the proposed land use activity.
(§ 3, Ord. 771, eff. February 13, 2004)
(a)
After acceptance of a complete application, the project shall be
reviewed in compliance with the CEQA and/or the City's environmental
review procedures. The City's environmental review procedures follow
CEQA guidelines unless a project is proven exempt, in which case,
permits will be subject to City environmental guidelines, which follow
State CEQA guidelines to determine whether:
(b)
These determinations and, where required, the preparation of initial
studies and EIRs, shall be in compliance with the City's and/or CEQA
environmental review procedures.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 65, Ord. 941, eff. November 10, 2023)
