Chapter 8 — ADMINISTRATION

Part

1. In General, §§ 9801—9810

Div. 1. Purpose, §9801

Div. 2. Power and Duties, §§ 9802—9802.2

Div. 3. Application and Fees, §§ 9803—9803.2

Div. 4. Public Hearing Procedures, §§ 9804—9804.8

Div. 5. Zoning Text Amendments, §§ 9805—9805.5

Div. 6. Determination of Uses Not Listed, §§ 9806—9806.5

Div. 7. Rules of Interpretation, §§ 9807—9807.5

Div. 8. Certificate of Use and Occupancy, §§ 9808—9810

2. Environmental Review Process, §§ 9811—9820

3. General Plan and Specific Plans, §§ 9821—9830

4. Zoning Map, §§ 9831—9840

5. Enforcement and Penalties, §§ 9841—9848

PART 1. - IN GENERAL DIVISION 1. - PURPOSE

The purpose of this chapter is to establish the manner in which this article shall be administered.

DIVISION 2. - POWERS AND DUTIES

For the purposes of this article, the city council shall be considered the legislative body and the final decisionmaking body for the general plan and specific plans and their amendments, change of zones, development agreements, zoning ordinance amendments, appeals from any decision of the planning commission, and any application related directly thereto which are filed concurrently therewith.

9802.1. - Planning commission powers and duties.

Unless an appeal to the city council is filed, the planning commission shall be the final decisionmaking body for all conditional use permits, variances, certain modifications, mobile home, low-moderate income density bonus permits, and site plan and architectural review permits for medium, medium high, high residential and all commercial and business park land use permits, except for minor additions. In addition, the planning commission shall be an advisory body and make recommendations to the city council on all matters on which the council is the final decisionmaking body. The planning commission also shall consider appeals on all matters considered by the zoning administrator or director of community development.

(Ord. No. 03-320, § 17, 5-28-2003)

The office of zoning administrator is hereby established. The zoning administrator shall be responsible for the matters specified in this article. The director of community development or his designee shall be the zoning administrator.

DIVISION 3. - APPLICATION AND FEES

The content of all applications required by this article shall be as specified herein and as approved by the department of planning and community development. The fees for each application shall be as established by the city council by resolution.

Upon the filing of a written request, an applicant for any request may withdraw any application prior to a decision being rendered by the reviewing body. Application fees shall be refunded after a withdrawal in accordance with the following schedule:

A.

After a case has been filed and application fees paid, but prior to the case being deemed complete by the department of planning and community development, the applicant shall be entitled to a refund of eighty (80) percent of the filing fee, less any consultants costs the city has incurred in processing the application up to the date it is withdrawn.

B.

After a case has been deemed complete, but prior to mailing of the legal notice or notice to abutting property owners, the applicant shall be entitled to a refund of fifty (50) percent of the filing fees, less any consultants costs the city has incurred in processing the application up to the date it is withdrawn.

C.

No refund shall be given when an application is withdrawn after the mailing of the legal notice or notice to abutting property owners.

D.

The department of planning and community development may close a development application and refund the filing fees in accordance with section 9803.1(A)(B) and (C), if no effort has been made within a reasonable period of time as determined by the director of planning and community development, to remedy the deficiencies which make the case incomplete, and the applicant has been given thirty (30) days' notice of the department's intent to close the case.

E.

If the city consultant costs associated with the processing of an application exceed the amount of the filing fees paid by the applicant, the applicant shall be responsible for paying these additional costs.

(Ord. No. 160, §§ 1, 2, 5-24-89)

9803.2. - Waiver of fees.

Only the city council may waive the required fees, and such action shall be by resolution.