In accordance with the provisions of the State Planning and Zoning Law, Cal. Gov't Code Division 1 of Title 7, the City Planning Commission shall administer regulations of this title and amendments thereto; hear and act upon all matters involving variances and conditional use permits; revoke conditional use permits; hear and act upon suspensions or modifications of planned right-of-ways; and perform such other duties as are requested or delegated by the City Council.
A.
General provisions.
1.
It shall be unlawful for any property owner, or authorized agent thereof, to commence any work pertaining to the erection, construction, reconstruction, moving, conversion or alteration of any building, or any addition to any building, until a building permit has first been secured from the Division of Building and Safety for said work.
2.
Each application for a building permit shall be made on a printed form to be obtained at the Division of Building and Safety and shall be accompanied by accurate information and dimensions of all yards and open spaces, and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the Division of Building and Safety may require the applicant to furnish a survey of the lot or parcel prepared by a licensed surveyor. The original of such application shall be kept in the office of the Division of Building and Safety.
3.
No building permit shall be issued for the erection or use of any structure or part thereof, or for the use of any land, which is not in accordance with the provisions of this title and in conformity with the approved site plan, conditional use permit or other entitlement, where required by this title. Any permit issued contrary to the provisions of this title or not in conformity with an approved site plan, conditional use permit or other entitlement for use shall be void and of no effect.
4.
No building permit shall be issued where the structure(s) to be erected will have the effect of depriving other persons of the use of their property or will have the effect of invalidating the general plan.
5.
No building permit shall be issued for a residential building or structure on a lot which does not have a minimum frontage of thirty (30) feet and access to a dedicated street or way acceptable to the Planning Commission.
B.
Flood hazard areas. The Director hereby is authorized, and shall have the duty, to refuse to issue a building permit or permits to any applicant whose lot or parcel is subject to the requirements of Division II of Title 18 of this code, except upon compliance with the requirements of said Division II of Title 18.
C.
Certificate of occupancy. No building shall be occupied or used unless a certificate of occupancy and a license for such use, where required, is first obtained from the department or person vested with the duty or authority to issue same. Such certificate shall be issued only after any construction, enlargement, or alteration has been completed in conformity with the provisions of any regulating ordinance, with any approved site plan and required conditions, and when the proposed use conforms to this title and required conditions.
The procedures to be utilized in administration of and modification to this title include the following:
B.
Administrative procedures.
1.
Administrative interpretation. A means of resolving uncertainties or ambiguities in the meaning of any provision of this title. An interpretation is uniformly applicable to all subsequent situations in which the same set of circumstances is present. In addition, the interpretation procedure may be used to make minor adjustments of zone boundaries to conform to lot lines or to resolve uncertainty as to the precise location of a zone boundary.
2.
Administrative remedy. A simplified procedure for considering minor deviations from zoning regulations, within established parameters, designed to expedite requests therefor without requiring Planning Commission review.
3.
Conditional use permit. A discretionary action concerning a specified land use and, pursuant to criteria set forth in this title, to determine whether such use may be permitted at a given location and to determine the conditions or limitations on development in each case.
4.
Plan review. The review and conditional approval of development plans for specified categories of development or when required as a condition of approval under some other procedure, in order to ensure the intent of this title is met with regard to site arrangement, functional effectiveness, landscape design, architectural quality, and other pertinent attributes.
5.
Precise development. The review and conditional approval of development plans for specified categories of development in Mixed-Use zones and all developments in Precise Development zone, in order to ensure the intent of this title is met with regard to site arrangement, functional effectiveness, landscape design, architectural quality, and other pertinent attributes.
6.
Certificate of compatibility. A procedure to consider the compatibility of accessory dwelling units that do not conform to the established standards and mobile and/or manufactured housing to coordinate planning, architecture, aesthetics, and economic cohesiveness within residentially zoned areas of the city.
C.
Quasi-judicial procedures.
1.
Variance. A determination under criteria established in state law and this title, allowing deviation from the strict application of regulations of this title, in cases where the effect of the strict application of the regulations would deprive a particular property of privileges enjoyed by other properties in the vicinity and under identical zoning classification.
2.
Revocation. Procedure for revoking any specific development approval when violation of zoning requirements, conditions or other laws are found to have occurred.
(Ord. 1220, 3-16-2021; Ord. 1254, 3-18-2025)
A.
Form and information required. All applications to initiate a procedure governed by this title shall be made pursuant to the Uniform Application Procedure established by the Director and the nature of the information to be submitted therewith shall be as prescribed by the Director for each type of application.
B.
Applicant. Application to initiate any procedure set forth in this title shall be made by the owner(s) or duly authorized agent(s) thereof, of the property or by an applicant which is, or will be, the plaintiff in an action in eminent domain to acquire the property. Proof of ownership or other requisite status hereunder shall be supplied concurrently with the application submittal. Applications shall be duly executed and verified under penalty of perjury of the laws of the State of California.
C.
Acceptance.
1.
The Director shall be responsible for the acceptance of all such applications. No application shall be accepted until:
a.
All required information is submitted, including any environmental review documentation, when required (See: § 20.400.080);
b.
At least one (1) year has passed since final action on any previously denied application for substantially the same matter, except as otherwise provided by this title; and
c.
The required application fee has been paid.
2.
As soon as possible, but in no case later than thirty (30) days after receipt of an application, the Director shall determine, in writing, if such application is complete, and immediately transmit such determination to the applicant. If an application is determined not to be complete, the Director's determination shall specify the deficiencies and the manner in which the application can be made complete.
(See: Cal. Gov't Code §§ 65943 and 65944.)
3.
Upon determination that an application is complete and meets the requirements for acceptance, or expiration of the thirty (30) day period if no determination regarding completeness is made, the application shall be deemed accepted.
(See: Cal. Gov't Code § 65943.)
When prescribed by provisions of this title for specific procedures, proceedings may be initiated by minute order or resolution of the City Council or Planning Commission, or by written order of the Director, or other public official so authorized.
An application or other initiation of proceedings under any procedure set forth in this title may be considered as an initiation of proceedings under any other procedure set forth in this title; provided that, for each action taken, the procedural steps required for that action have been accomplished and the applicable fees paid.
A.
A schedule of fees shall be adopted (and revised from time to time as deemed necessary) by resolution of the City Council.
B.
When a proceeding is initiated by application, or otherwise as authorized in this title, a fee shall be paid to the city by the applicant or appellant in the amount set forth in the currently adopted schedule of fees.
C.
No fee shall be required when a proceeding is initiated or appealed by action of an officer or official body of the city.
D.
No fee shall be refunded except upon order of the City Council for good cause shown.
A.
For purposes of applying procedural time limits under this title, a procedure will not be considered to have been initiated until one (1) of the following has occurred pursuant to the California Environmental Quality Act:
B.
If, after having determined otherwise, it is determined that either a negative declaration or an environmental impact report is required, or that a supplement to a draft environmental impact report is required, the running of time limits applicable to the zoning procedure shall be suspended until the applicable environmental review step has been accomplished.
C.
Any hearing on an environmental impact report shall be held before or concurrently with the last hearing to be held on a zoning matter to which it relates.
D.
Certification of final environmental impact report or adoption of a negative declaration, when required, shall be made prior to a final decision on a zoning matter.
Except as otherwise directed by the City Manager, for each matter initiated under a procedure established by this title, the Director shall cause an investigation to be made and a report prepared providing factual information and recommendations as appropriate for action in accordance with the provisions of this title.
(See: Cal. Gov't Code § 65804(d).)