This chapter establishes general procedures for processing applications.
Specific procedures set forth in other portions of this title control
if there is any conflict or inconsistency. No city action, inaction,
or recommendation on any matter subject to this title shall be invalid
by reason of any error, irregularity, informality or omission as to
any matter pertaining to applications, notices, findings, records,
hearings, reports, recommendations, appeals or any procedural matter.
(Ord. 1598)
A.
Applicants.
The following persons may file applications:
1.
The owner of the subject property.
2.
An agent representing the owner, duly authorized to do so in writing
by the owner, including a person with a duly executed written contract
or exclusive option to purchase the subject property or a lessee in
possession of the subject property.
3.
A lessee of the subject property applying for a zoning certificate
may file without the consent of the owner, provided the lessee provides
notice of the application to the owner of the property.
B.
Application
Forms and Supporting Materials.
1.
The director may prepare and issue application forms and lists that
specify the information that will be required from applicants for
projects subject to the provisions of this zoning code.
2.
The director may require the submission of supporting materials as
part of the application, including but not limited to, statements,
photographs, plans, drawings, renderings, models, material samples,
and other items necessary to describe existing conditions and the
proposed project. The director may require sufficient information
to permit the city to determine the level of environmental review
that shall be required pursuant to the California Environmental Quality
Act. Unless otherwise specified, all renderings shall depict the proposed
structure, landscaping, other improvements, and surrounding land uses
as they would appear one year after project completion.
3.
All material submitted becomes the property of the city, may be distributed
to the public, and shall be made available for public inspection upon
request.
4.
Upon request, any person may examine an application and materials submitted in support of or in opposition to an application during normal business hours. Unless barred by law, copies of such materials shall be made available at the reasonable cost established pursuant to Municipal Code Title 1: General Provisions, Section 1.10.055: Fees for Applications and Appeals.
C.
Payment,
Waiver and Refund of Application Fees.
1.
Pursuant to Municipal Code Title 1: General Provisions, Section 1.10.055: Fees for Applications and Appeals, the council has established reasonable fees for the processing of permits. The applicant shall submit all required fees concurrently with the application. No application will be processed or deemed complete without payment of all required fees, unless the city waives or defers required fees.
2.
No fee shall be required when the applicant is the city or another
governmental organization, or if it is waived under any other provision
of this code.
3.
If an application is withdrawn prior to a decision, the applicant
may be eligible for a refund of a portion of the fee. The amount of
the refund shall be determined by the director based on the level
of staff review conducted prior to the withdrawal. No refund shall
be made for any application that has been denied.
(Ord. 1598)
An applicant may apply for pre-application review to obtain
information on relevant general or specific plan policies, zoning
regulations, and procedures for large or complex projects, and projects
that are potentially controversial.
B.
Submission
of materials for pre-application review shall not be considered an
application for a development project under the terms of the Permit
Streamlining Act (PSA) or California Environmental Quality Act (CEQA)
and shall not trigger any obligation on the part of the city to act
on any project within a specified period of time.
C.
An
applicant may request, or the director may recommend, preliminary
review by the planning commission. Any recommendations that result
from such review shall be considered advisory only and shall not be
binding on either the applicant or the city.
D.
Following
pre-application review, staff shall provide the applicant with a written
summary of the procedures and requirements applicable to the potential
project.
(Ord. 1598)
A.
The
director shall determine whether an application is complete within
30 days of the date the application is filed with all required fees.
B.
If
an application is incomplete, the director shall provide written notification
to the applicant listing the applications for permit(s), forms, information
and any additional fees that are necessary to complete the application.
If the applicant fails to correct the specified deficiencies within
30 days of notification, the director shall deem the application withdrawn
and will return it to the applicant.
C.
The
director shall document the date the application is deemed complete,
schedule any required public hearing, and notify the applicant of
the date and time of the hearing.
D.
The
director may, upon written request and for good cause, grant extensions
of any time limit imposed by this zoning code.
(Ord. 1598)
A.
Mailed
Notices, Minor Use Permit Matters. At least 10 days before taking
action on a minor use permit that can be issued without a public hearing,
the city shall provide notice by first class mail to:
1.
All property owners of record and building occupants within a 300-foot
radius of the proposed project;
2.
All neighborhood and community organizations that have previously
requested notice of projects in the area where the site is located
in writing; and
3.
Any person or group who has provided a written request for notice
regarding the application.
B.
Mailed
Notices, Public Hearing Matters. At least 10 days before the date
of the public hearing, the city shall provide notice by first class
mail to:
1.
All property owners of record and building occupants within a 500-foot
radius of the proposed project;
2.
All neighborhood and community organizations that have previously
requested notice of projects in the area where the site is located
in writing; and
3.
Any person or group who has provided a written request for notice
regarding the application.
C.
Additional Hearing Notice. In addition to providing mailed notice pursuant to subsection B of this section, the city shall provide notice within 10 days of the hearing by publication in at least one newspaper of general circulation.
D.
Alternate Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of mailed notice required in subsection B, the city may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation at least 10 days prior to the hearing.
E.
Contents
of Notice. The notice shall include the following information:
1.
A general description of the proposed project or action and the property
included in the application;
2.
The date, time, location, and purpose of the public hearing;
3.
The names of the applicant and the owner of the property that is
the subject of the application;
4.
A general description of the environmental review conducted and any
proposed environmental determination concerning the application;
5.
The location and times at which the complete application and project
file, including the environmental documentation, may be viewed by
the public;
6.
A statement that any interested person or authorized agent may appear
and be heard; and
7.
A statement describing how to submit written comments.
(Ord. 1598)
A.
Public
Hearings.
1.
Rights of All Persons. Except as otherwise provided in paragraph
2 below, 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 testifying shall state his
or her name, may state an address and, if appearing on behalf of a
person or organization, state the name of the person or organization
being represented.
2.
Time Limits. The chair of the hearing may establish time limits for
individual testimony and may require that individuals with shared
positions select one or more spokespersons to present testimony on
behalf of those individuals. Due process may require relaxation of
such limits.
B.
Decision.
The decision-maker shall take action within 30 days of the conclusion
of the public hearing.
C.
Notice
of Decision. The city shall notify the applicant of the decision.
Such notice may be in the form of a planning commission or city council
resolution, a city ordinance or other written document. The city clerk
shall mail such notice to the applicant at the mailing address stated
in the application and to any other person or entity who has filed
a written request of such notification with the city.
(Ord. 1598)
Land use entitlements shall not become effective for any purpose
until the applicant signs and returns a notarized city "acceptance
of conditions" form.
(Ord. 1598)
A denial precludes the filing of an identical application within
one year of the date of denial, unless the denial was without prejudice.
(Ord. 1598)
A.
Any
approval permits only those uses and activities specifically proposed
in the application. Unless otherwise specified therein, the approval
of a use shall terminate all rights and approvals for previous uses
no longer occupying the same site or location.
B.
Unless
otherwise specified or required by the city, the applicant must develop,
maintain and operate the project in substantial compliance with the
site plan, floor plans, building elevations and/or any additional
information or representations, indicating the proposed structure
or manner of operation, submitted during the processing of the application.
Any approval may be subject to a condition that the permittee ensures
compliance with the submitted plans and conditions imposed thereon
and acknowledges that inconsistency with the application, submitted
plans and conditions invalidates the entitlement.
C.
Any
land use entitlement is subject to, and shall comply with, all applicable
city ordinances, resolutions or regulations, laws and regulations
of other governmental agencies and conditions imposed thereon.
D.
Approvals
may be subject to periodic review to determine compliance with the
permit and conditions. If a condition specifies that activities or
uses allowed under a discretionary 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. 1598)
A.
Appealable
Decisions. No building permit or business license shall be issued
for any project where a permit is subject to appeal until the 11th
day following the date of the action on the permit.
B.
Ordinances.
No building permit or business license shall be issued for any project
where an ordinance is required until the effective date of the ordinance.
(Ord. 1598)
A.
Automatic
Lapse. The entitlements conferred by any permit granted pursuant to
this zoning code expire if not exercised or extended within one year
of issuance.
1.
Exercise of Discretionary Permits. A discretionary permit is deemed
exercised on the date the permitted use has commenced.
2.
Exercise of Building Permit. A permit for the construction of a structure
is deemed exercised on the date construction has lawfully commenced
pursuant to a valid city building permit.
B.
Extension.
The director may approve a single one-year extension of any land use
entitlement upon receipt of a written application with the required
fee prior to expiration of the permit. The planning commission may
approve any other extensions.
C.
Lapse
by Written Notice. The director may declare that any permit has lapsed
by providing 15 days written notice to the permit holder. The permit
holder may seek reinstatement of the permit by filing a request with
the planning commission within 10 days of the date of the notice.
The commission shall hold a public hearing to consider the request.
(Ord. 1598)
A.
Procedure
and Notification. The city may revoke any permit if the use or operation
violates any of the permit's terms or conditions or any law or ordinance.
The planning commission shall hold a public hearing. The city shall
provide written notice to the permit holder at least 10 days before
the public hearing that includes:
B.
Public
Notification. The city shall provide the same public notice of the
hearing that is required for the permit that is proposed for revocation.
C.
Conduct
of Public Hearing. The public hearing shall be conducted in the same
manner as for the permit that is proposed for revocation.
D.
Required
Findings. The planning commission may revoke or modify the permit
if it makes any of the following findings:
1.
The permit has lapsed as provided for in Section 11.5.10.055: Expiration and Extension.
2.
The permit holder has failed to comply with one or more of the conditions
of approval.
3.
The use, building, or structure has been substantially changed in
character or substantially expanded beyond the entitlement.
4.
The use has created criminal or anti-social behavior, including,
but not limited to, the congregation of minors, violence, public drunkenness,
vandalism, solicitation, or litter.
5.
The property has been vacant or the use permitted by the permit has
not been in continuous operation for at least one year prior to the
date of the notice. The permit holder shall have the burden of establishing
its good faith effort to occupy the property and reestablish the use.
The planning commission may require the permit holder to produce documentation
to substantiate that intent.
E.
Notice
of Action. In the event the planning commission revokes, modifies
or imposes additional conditions on a permit, the commission shall
adopt a resolution containing its determinations and findings. The
city shall mail a copy of the resolution to the permit holder and
to any person requesting notice of the action and provide the city
council with a copy of the resolution prior to its next regular meeting.
F.
Appeals. Any person may appeal the planning commission's action pursuant to Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions, in which case the city council shall be the hearing officer as that term is used in Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions.
(Ord. 1598)
A permit applicant may be required by conditions of approval
or by action of the director to provide adequate security to guarantee
the faithful performance and proper completion of any approved work,
and/or compliance with conditions of approval.
A.
Form
and Amount of Security. The required security shall be in a form approved
by the director and city attorney. The amount of security shall be
as determined by the director to be necessary to ensure proper completion
of the work and/or compliance with conditions of approval.
B.
Security
for Maintenance. In addition to any improvement security required
to guarantee proper completion of work, the director may require security
for maintenance of the work, in an amount determined by the director
to be sufficient to ensure the proper maintenance and functioning
of improvements.
C.
Duration
of Security. Required improvement security shall remain in effect
until final inspections have been made and all work has been accepted
by the director, or until any warranty period required by the director
has elapsed. Maintenance security shall remain in effect for one year
after the date of final inspection.
D.
Release
or Forfeit of Security.
1.
Upon satisfactory completion of work and the approval of a final
inspection, or after the end of the required time for maintenance
security, the improvement and/or maintenance deposits or bonds shall
be released.
2.
Upon failure to complete the work, failure to comply with all of
the terms or conditions of any applicable permit, or failure of the
completed improvements to function properly, the city may do the required
work or cause it to be done, and collect from the permittee or surety
all the costs incurred by the city, including all costs and expenses
associated with the work, all administrative and inspection costs
and actual attorneys fees incurred in connection therewith.
3.
Any unused portion of the security shall be refunded to the funding
source after deduction of all costs, expenses, and fees mentioned
in paragraph 2 above.
(Ord. 1598)
