This chapter establishes procedures that are common to the processing of all permits and approvals provided for in this Zoning Code, unless superseded by specific requirement of this Zoning Code or State law.
(Ord. 1722, 6/18/2024)
A.
Applicant.
1.
A development application may be submitted by the owner of the property or the owner's authorized agent. If an application is submitted by someone other than the owner or the owner's agent, written proof, satisfactory to the Director, of the right to act as the owner's agent or to use and possess the property as applied for, shall accompany the application.
2.
Written proof of authorization (Letter of Agency) must be signed, dated, and notarized by the property owner and expressly state what the agent is authorized to do on behalf of the owner.
B.
Planning Application Forms and Materials.
1.
Planning Application Forms. The Director shall prepare and have on file with the Department the planning application forms and checklists that specify the information required to be submitted with all planning applications.
2.
Supporting Materials and Information. The Director may require the submission of supporting materials and information as part of a planning application submittal, including, but not limited to, statements, photographs, plans, drawings, renderings, models, material samples, special studies, and other items necessary to describe existing conditions and the proposed project, to determine the level of environmental review pursuant to CEQA, and clearance as required pursuant to the Yolo Habitat Conservation/Natural Community Conservation Plan.
3.
Availability of Application Materials. All application materials submitted to the City shall become the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine a planning application and materials submitted in support of, or in opposition to, an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.
C.
Multiple Applications.
1.
Concurrent Filing. Unless otherwise approved by the Director, an applicant for a project which requires more than one planning permit (e.g., a Conditional Use Permit and Development Review) and/or legislative entitlement (e.g., a General Plan amendment or an amendment to the Zoning Map or Code text) shall file all related applications concurrently together with all application fees.
2.
Concurrent Processing. Multiple planning permits and or legislative entitlements for the same project shall be processed concurrently and shall be approved by the highest Review Authority for any of the permits or legislative entitlements, with the lower Review Authority making a recommendation.
D.
Application Fees.
1.
Fee Schedule. The City Council shall establish by resolution a Planning Application Permit Fee Schedule that establishes fees for planning permits, informational materials, penalties, copying, and other customary services. The City shall also establish the ability for payment of fees through an advanced funding deposit cost recovery method for those projects that may be more complex, involve outside consultant work, or require additional staff or City Attorney time. The initial deposit and minimum balance will be based upon anticipated work and/or estimated consultant costs.
2.
Fee Payment. No application or covenant shall be accepted as complete and processed without payment in full of the required application fees or deposits.
3.
Multiple Applications. The City's processing fees are cumulative. For example, if an application for a Conditional Use Permit also includes a Development Review, both fees shall be charged. Cost savings may be incurred due to similar documents being prepared for a single project, such as CEQA review, should applications be filed simultaneously.
4.
Refund of Fees. Application fees are nonrefundable unless otherwise provided for in the Woodland Municipal Code, per funding agreement, or as determined by the Director with good cause. Once an application has been accepted and a review initiated, a partial refund may be considered, and is dependent upon the amount of staff time or work on the application.
(Ord. 1722, 6/18/2024)
Pre-application review is an optional review process to be conducted prior to submittal of a planning application that is intended to provide information on relevant policies, zoning regulations, and procedures.
A.
Exemption from Permit Streamlining Act. Pre-application review shall not be considered completeness review and is not subject to the requirements of the California Permit Streamlining Act § 65920.
B.
Review Procedures. A prospective applicant may submit a pre-application submittal, including a preliminary project description, preliminary plans, and designs to the department. The department shall conduct pre-application review and inform the applicant of applicable City requirements, provide a preliminary list of issues for consideration, and may suggest possible alternatives or modifications to the project prior to formal application submittal. The Director may consult with or request review by other City departments or agencies that may have interest in the application. The initial review is a courtesy review; however, the Director may charge for additional iterations or reviews.
C.
Recommendations are Advisory. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as being either a recommendation for approval or denial of the application or project by City staff. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City.
(Ord. 1722, 6/18/2024)
Each zone establishes a list of primary uses and accessory uses which are permitted, permitted with a Zoning Administrator Permit (see § 17.100.090, Zoning Administrator Permit), or permitted with a Conditional Use Permit (see § 17.100.100, Conditional Use Permit). Occasionally, uses may be proposed which are not specifically listed in the Use Tables of Division II, Zone Regulations. This section provides procedures that shall be observed when an unlisted use is proposed in a zone. A use determined to be similar shall apply to the zone uniformly regardless of location.
A.
Director. The Director may administratively determine that the proposed uses are similar to those of the appropriate use category where the uses are clearly similar in character to those uses listed and consistent with the purposes of the zone and General Plan. The Director's determination of similar use may be appealed to the Planning Commission pursuant to the provisions of § 17.96.160, Appeals.
(Ord. 1722, 6/18/2024)
A.
Initial Completeness Review. The Director shall determine whether an application is complete within 30 days of the date the application is filed and required fee received. The requirements below shall apply unless otherwise required by law.
B.
Incomplete Application.
1.
If an application is deemed incomplete, the Director shall provide a written notification to the applicant with a listing of information necessary to complete the application. The listing shall be exhaustive and based upon a City checklist.
2.
Upon submittal of additional requested materials, the Director shall make a new determination and notify the applicant in writing as to whether the application is complete within 30 days of the date the additional materials are received by the City.
3.
The applicant shall provide the requested information within 180 days of the letter of notification stating that an application is determined to be incomplete. The Director may, upon written request, and for good cause, grant one extension of up to 90 calendar days for review of applications imposed by this Zoning Code.
C.
Zoning Code Violations. An application shall not be found complete if conditions exist on the site in violation of this Zoning Code or any permit or other approval granted in compliance with this Zoning Code, unless the proposed project includes the correction of the violations or the violation is a legal nonconformity as described in Chapter 17.80, Nonconforming Provisions.
D.
Submittal of Additional Information. The applicant shall provide the additional information within the time limit specified by the Director.
E.
Appeal of Application Completeness Determination. Determinations of incompleteness are subject to the provisions of § 17.96.160, Appeals, except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal.
F.
Expiration of Application. If an applicant fails to correct the specified deficiencies and/or submit the information identified on the written notification of an application that is determined to be incomplete within the specified time limit, the application shall expire and be deemed withdrawn. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees. Partial refund of fees may be allowed based on the extent of the work conducted as described in § 17.96.020.D.4, Refund of Fees.
G.
Complete Application. In compliance with the California Permit Streamlining Act § 65920, when a planning application is deemed complete, the Director shall make a record of that date and proceed with processing the application.
1.
Once an application has been accepted as complete, the City may request that the applicant clarify, amplify, correct, or otherwise supplement the information required for the application.
2.
This shall not limit the City's ability to request and obtain information which may be needed in order to comply with the California Public Resources Code pertaining to the CEQA.
H.
Referral of Application. At the discretion of the Director, or where otherwise required by this Zoning Code, State or Federal law, any application filed in compliance with this Zoning Code may be referred to any City department, public agency, or interest group that may be affected by, or have an interest in, the proposed land use project for review and comment on the application.
(Ord. 1722, 6/18/2024)
All projects must be reviewed for compliance with the CEQA. Environmental review will be conducted pursuant to the California Code of Regulations, Title 14, Division 6, Guidelines for the Implementation of the California Environmental Quality Act. If Title 14 of the California Code of Regulations is amended, the amendments will govern City procedures.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. The purpose of the neighborhood meeting is to acquaint the neighborhood with the proposed project application and to receive public comments and is particularly helpful when there may be potential controversy.
B.
Timing. The Director may require the applicant to hold a neighborhood meeting after submittal of an application if it is determined during the course of project review that there may be issues or considerations that would be best discussed with the neighborhood.
C.
Notice. Notice of the meeting shall be mailed by first class mail, a minimum of 10 days prior to the meeting date, to every owner whose name and address appears on the last equalized County Assessment Roll for any property within 300 feet of the exterior boundaries of the subject property. The Director may increase the notice radius requirement depending on the nature and type of project proposal.
D.
Posting. Depending on the nature and type of the project, the Director may require the applicant to post notice of the neighborhood meeting on the site. The notice shall be at least 11 inches wide by 17 inches high in size, in a form acceptable to the City.
E.
Meeting Location, Date and Time. The meeting shall be held at a location acceptable to the Director. The meeting shall not be held on a Friday or Sunday or on any holiday, or other days of celebration as determined by the Director. The meeting time shall be at a generally acceptable time when the majority of neighbors are able to attend, typically in the evening after 6:00 p.m.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
Unless otherwise specified, whenever public notice is required, the City shall provide notice in compliance with State law.
A.
Mailed Notice. At least 10 days before the date of a scheduled public hearing the Director (or the City Clerk for City Council meetings) shall provide notice by First Class mail delivery to the following:
1.
The applicant, the owner, and any occupant of the subject property;
2.
All property owners of record within a minimum 300-foot radius of the subject property as shown on the latest available assessment role, or a larger radius if deemed necessary by the Director in order to provide adequate public notification;
3.
All neighborhood groups and community organizations that have previously filed a written request for public hearing notices for projects in the area where the site is located; and
4.
Any person or group who has filed a written request for notice regarding the specific application.
B.
Alternative Method for Large Mailings. If the number of owners to whom public hearing notice would be mailed or delivered is greater than 1,000, instead of a mailed notice, the Director (or City Clerk for City Council hearings) may provide public notice by placing a display advertisement of at least one-eighth of a page in at least one newspaper of general circulation in the City, at least 10 days prior to the hearing.
C.
Posted Notice.
1.
At the discretion of the Director, or as otherwise may be required in this Zoning Code or State law, a notice shall be posted in a format approved by the department. The applicant shall post a public notice on the subject property in compliance with the following requirements:
a.
The public notice shall be posted at least 10 days prior to the public hearing or action;
b.
One notice shall be displayed on each public street frontage of the subject property;
c.
The City shall prepare the notice;
d.
The applicant shall submit a signed letter stating that they posted or caused the notice to be posted along with photographic verification;
f.
The notice shall be a minimum of 11 inches wide by 17 inches high and laminated (or another size as may be required for a specific permit or by the Director); and
g.
The notice shall be removed within 15 days after the public hearing.
D.
Newspaper Public Notice. At least 10 days before the date of the public hearing the Director (or the City Clerk for City Council meetings) shall publish a notice in at least one newspaper of general circulation in the City.
E.
Contents of Public Notice. Public hearing notices shall include the following information:
1.
Project location, when the application is proposed on real property;
2.
A general description of the proposed project or action;
3.
The date, time, location, and purpose of the public hearing, or the date of when action will occur if a public hearing is not required;
4.
The Review Authority;
5.
The name(s) of the project applicant and the property owner;
6.
The location and availability of the project application and materials for review by the public;
7.
A statement that any interested person or authorized agent may appear at the hearing and be heard;
8.
A statement describing how to submit written comments; and
9.
For City Council hearings, the Planning Commission's recommendation.
F.
Failure to Notify Individual Properties. The validity of the proceedings will not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.
G.
Optional Notice Methods. The Director may require additional noticing of public hearings. Projects that may be considered for optional public noticing methods include those that may result in major policy changes, affect large neighborhoods or districts, or that may have strong public interest.
2.
Supplemental Large Sign Notice. A supplemental large sign may be used to notice neighbors in the affected area and the community early in the review process. If determined appropriate by the Director, the applicant shall install the sign as directed.
a.
The sign must be at least four feet by eight feet in size.
b.
The sign shall be located in a position most visible to the public, but shall not block the visibility triangle. The location for the sign shall be determined by the Director.
c.
All signs shall be kept adequately maintained and remain in place until the final determination on the application has been made, or the application is withdrawn.
d.
The sign shall be removed within 15 days after the public hearing.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025; Ord. 1743, 10/7/2025)
Whenever the provisions of this Zoning Code require a public hearing, the hearing must be conducted in compliance with the requirements of State law, and as follows:
A.
Generally. Public hearings must be conducted pursuant to procedures adopted by the hearing body. Hearings are not required to be conducted according to technical rules relating to evidence and witnesses.
B.
Scheduling. Public hearings before the City Council must be scheduled by the City Clerk. All other hearings shall be scheduled by the Director.
C.
Presentation. An applicant or an applicant's representative may make a presentation on a proposed project.
D.
Public Hearing Testimony. Any person may appear at a public hearing and submit oral and/or written testimony, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.
E.
Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.
F.
Continuance of Public Hearing. The hearing body may by motion continue the public hearing to a fixed date, time, and place, or may continue the item to an undetermined date.
G.
Investigations. The hearing body may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by City staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the Review Authority.
H.
Decision. The public hearing shall be closed before a decision is made by the hearing body.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
When deciding to approve, approve with conditions, modify, revoke, or deny any discretionary permit under this Zoning Code, the Review Authority shall issue a Notice of Action and make findings of fact as required in this Zoning Code.
A.
Notice of Action. After a final decision is made by the Review Authority, to approve, modify, or deny an application, the Director shall issue a Notice of Action or Resolution. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision. The notice shall be documented in writing and sent to the applicant within 10 days at the mailing or email address stated in the application and to any other person or entity requesting the notification in writing. The notification shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision.
B.
Findings. Findings, when required by State law or this Zoning Code, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Scope. An approval permits only those uses and activities actually proposed in the application and excludes other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.
B.
Conditions of Approval. The site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed to be conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with permit's plans and conditions in all respects.
C.
Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this Zoning Code or require additional permits, then resubmittal of a new application is required.
D.
Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
In considering an application for a permit or other discretionary approval authorized by this Zoning Code, final Review Authorities may require changes to applications and impose conditions of approval in order to effect the policies of the General Plan and the purpose of this Zoning Code. Conditions of approval, which may include dedication of land, installation of specific improvements, size, design and placement of buildings or structures, landscaping, and limitations on use and hours of operation, shall be reasonably related to the type of impacts caused by the use of the property for which the permit or other discretionary approval is requested.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Expiration. A final decision on an application for any approval subject to appeal will become effective after the expiration of the appeal period as stipulated in § 17.96.160, Appeals, following the date of action, unless an appeal is filed in compliance with § 17.96.160, Appeals. Permits and project approvals will lapse and become void one year after the approval date unless the entitlement/permit is exercised or a greater time period is granted by the Review Authority, or unless any of the following occurs:
1.
Extension for a Permit with no Tentative Map. A time extension of one year beyond the initial approval period may be requested by applying to the Director at least 30 days prior to the expiration date of the permit. In no case shall the expiration date extend more than four years from the date of final approval. After that time, a new application shall be required. In order to grant the extension the Director shall find that:
a.
The permit holder has clearly documented that they have made a good faith effort to commence work upon the use;
b.
It is in the best interests of the City to extend the permit; and
c.
There are no substantial changes to the project, no substantial changes to the circumstances under which the project is undertaken, and no new information of substantial importance that would require any further environmental review pursuant to the CEQA.
2.
Extension for a Permit Granted in Conjunction with a Tentative Map. The time limits for any permit granted in conjunction with an approved Tentative Map shall be automatically extended to be the same as the term of the map.
B.
Exercise of a Use Permit. A permit for the use of a building or a property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site in accordance with applicable conditions of approval.
C.
Exercise of a Building Permit. A Building Permit is exercised when a valid City grading or Building Permit is secured and physical construction lawfully commenced, in accordance with applicable conditions of approval and all required habitat or biological requirements have been met. See § 17.100.130, Building Permit.
D.
Expiration of Grading or Building Permit. If, upon expiration of the permit or approval, construction is not diligently pursued to completion, the permits and approvals will expire. A time extension based on circumstances beyond the applicant's control may be considered. Should a Grading Permit or Building Permit expire, a new entitlement shall be required. See § 17.100.130, Building Permit.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
No modifications in the use or structure for which a permit or other approval has been issued is permitted unless the permit is revised in compliance with this chapter.
A.
Minor Revisions. The Director may approve minor revisions to approved plans, permits, and conditions of approval if the requested changes will not substantially expand the approved floor area, and/or intensify any potentially detrimental effects of the project and the resulting revisions are substantially consistent with the original findings and intent of the approved design, use or permit.
B.
Major Revisions. A request for revisions to approved plans, conditions of approval of a discretionary permit, and/or revisions to an approved site plan or building plan that would intensify a use or potential negative impact of the project, must be treated as a new application, and shall be decided on by the same Review Authority as the original approved permit.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
Any permit granted under this chapter may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.
A.
Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, Director, or Zoning Administrator.
B.
Public Hearing Notice, Hearings, and Action. A public hearing notice of a revocation preceding shall be noticed in accordance with § 17.96.080, Public Notice. After conducting a public hearing, the Planning Commission, or City Council where they were the original approval authority, must act on the proposed revocation.
C.
Required Findings. The Planning Commission or City Council may revoke or modify the permit if it makes any of the following findings:
1.
a.
The approval was obtained by means of fraud or misrepresentation of a material fact;
b.
The use, building, or structure has been substantially altered or expanded beyond what is set forth in the permit or substantially changed in character;
c.
The use has ceased to exist or has been suspended for one year;
d.
There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has been conducted in violation of the provisions of this chapter, or any applicable local or State law or regulation; or
e.
The use has been conducted in a manner detrimental to the public safety, health, and welfare, and/or is a nuisance.
2.
Notice of Action Regarding Revocation. Following a decision by the Review Authority to revoke or modify a permit, the Director must issue a Notice of Action within 10 days. The Notice of Action must describe the Planning Commission's or City Council's action and findings. The Director must mail notice to the permit holder and to any person or entity who requested the revocation proceeding.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Applicability. This section allows for appeal of discretionary actions by the Planning Commission, Zoning Administrator, or Director in the administration or enforcement of the provisions of the Zoning Code.
B.
Decisions of the Director. The Planning Commission is the appeal body for decisions of the Director.
C.
Decisions of the Zoning Administrator. The Planning Commission is the appeal body for decisions of the Zoning Administrator.
D.
Decisions of the Planning Commission. The City Council is the appeal body for decisions of the Planning Commission.
E.
Rights of Appeal. Appeals may be filed by an applicant, the owner of the subject property, or any other person aggrieved by a decision that is subject to appeal under the provisions of this chapter.
F.
Time Limits. Unless otherwise specified in state or Federal law, all appeals shall be filed in writing within 10 calendar days of the date when the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.
G.
Standards of Review. When reviewing any decision on appeal, the appeal body shall consider the appeal de novo and must use the same standards for decision-making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.
H.
Procedures. The appeal filing must identify the decision being appealed and must clearly and concisely state the reasons for the appeal. The appeal must be accompanied by the required fee. The Director may waive fees for appeals filed by members of the City Council and the Planning Commission, the City Manager.
I.
Proceedings Stayed by Appeal. The timely filing of an appeal stays all proceedings in the matter appealed, including the issuance of City Building Permits (see § 17.100.130, Building Permit) and business licenses.
J.
Transmission of Record.
1.
Decisions of the Director and of the Zoning Administrator. The Director must schedule the appeal for consideration by the Planning Commission within 45 days of the date the appeal is filed. The Director must make available the appeal, the Notice of Decision, and all other documents that constitute the record to the Planning Commission. The Director must also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.
2.
Decisions of the Planning Commission. The City Clerk must schedule the appeal for consideration by the City Council within 45 days of the date the appeal is filed. The City Clerk must make available the appeal, the Notice of Decision, and all other documents that constitute the record to the City Council. The Director must also prepare a staff report with a Continuation of Appeal section that responds to the issues raised by the appeal and may include a recommendation for action.
3.
Public Hearing Notice and Hearing. A public hearing notice must be provided pursuant to § 17.96.080, Public Notice, and a public hearing must be conducted pursuant to § 17.96.090, Conduct of Public Hearing. Notice of the hearing must also be given to the applicant, the party filing the appeal, and any other interested party who has filed with the City a written request for such notice.
4.
Action. An action to grant an appeal requires a majority vote of the members of the appeal. A tie vote will have the effect of denying the appeal.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A.
Purpose. This section establishes procedures for issuing a Certificate of Occupancy to verify that buildings and the proposed use of land complies with all applicable building and health laws and ordinances and with the requirements of this Zoning Code.
B.
Certificate of Occupancy Required. No structure erected, moved, altered, or enlarged after the effective date of this Zoning Code shall be occupied or used, and no site shall be occupied or used until a Certificate of Occupancy has been issued by the Building Official.
C.
Application. Application for a Certificate of Occupancy shall be filed with the Building Official prior to the erection, moving, alteration or enlargement of any structure and prior to the commencement of a new use or a change in use of any structure or site.
D.
Issuance. The Building Official shall issue a Certificate of Occupancy upon receipt of written notice that the structure or site is ready for occupancy or use and after inspection; provided, that the structure or site and the intended use conform with all applicable building and health laws and ordinances and with the requirements of this Zoning Code.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)