Chapter 19.40 — REVIEW AND APPROVAL PROCEDURES — American Canyon Zoning Code

19.40.010 Purpose. ¶

The purpose of this chapter is to establish review and approval procedures for permits and other approvals provided for by this title. Findings and other criteria for the approval of specific permits are contained in the appropriate chapters of this title.

(Ord. 2001-02 § 1, 2001; Ord. 2002-07 Exh. A, 2002.)

19.40.020 Community development director approvals. ¶

(A) Authority.

(1) The following may be approved without a public hearing by the community development director, as specified elsewhere in this title:

(a) Sign permits, pursuant to Chapter 19.23.
(b) Home occupation permits, pursuant to Chapter 19.29.
(c) Design permits, pursuant to Chapter 19.41.
(d) Temporary trailer permits, pursuant to Chapter 19.30.
(e) Classifications of use, pursuant to Chapter 19.05.
(f) Minor modifications, pursuant to Chapter 19.45.
(g) Minor variations, pursuant to Chapter 19.44.
(h) Reasonable accommodation, pursuant to Chapter 19.52.

(2) The following may be approved following a public hearing by the community development director, as specified elsewhere in this title:

(a) Conditional fence permits, pursuant to Chapter 19.10.
(b) Minor use permits, pursuant to Chapter 19.42.

(3) The director may refer any of the above entitlements to the planning commission for review because of unique circumstances or a need for policy direction.

(B) Application.

(1) An application subject to the approval of the community development director shall be submitted to the community development department on forms specified by the director, and shall be accompanied by all maps, plans, and other information deemed necessary by the director.

(2) An application shall be accompanied by any fee established by the city council.

(3) The director shall inform the applicant in writing within thirty calendar days of receipt that the application is complete or that additional information is needed to complete the application. If such additional information is not provided within ninety days, the application shall be considered withdrawn, and any unused fees shall be refunded to the applicant. At the director's discretion, an additional thirty days may be granted to complete an application.

(1) When a public hearing is required for an application, upon acceptance of the application as complete and

following completion of any environmental review, a public hearing shall be set before the community development director.

(2) Notice of the public hearing shall be given in the manner specified in this chapter.

(3) A public hearing shall be held before the director at the time and place specified by the public notice. The director may establish rules for the conduct of such hearings. Any hearing may be continued provided that prior to adjournment or recess, the director shall announce the time and place to which the hearing will be continued.

(D) Decision.

(1) The director shall comply with the time limits stipulated in California Government Code Section 65950 when making a decision on an application.

(2) When a public hearing is required for an application, the director shall approve, conditionally approve, or deny an application following the close of the public hearing, or within ten days thereafter. When a public hearing is not required, the director shall take such action within ten days of finding the application complete for processing. In both cases, such decision shall include any findings required by this title.

(3) Written notice of the director's decision, including any conditions of approval, shall be given by mail within five calendar days of the decision to the applicant and any person who has filed a written request for notice of the decision.

(4) The director's decision, including any conditions of approval, is final on expiration of ten calendar days following the decision unless a notice of appeal is filed with the director with such time. The date of the decision shall not be counted in determining the final date for filing an appeal. Should an appeal period end on a Saturday, Sunday or holiday, the final day for filing an appeal shall be the following Monday, or the next business day following a holiday.

(5) Conditions of approval may be deleted or modified through a minor or major modification (Chapter 19.45), depending on the extent of the proposed change.

(E) Appeal Procedures.

(1) Any decision of the community development director made pursuant to this chapter may be appealed to the planning commission by the applicant or any other person aggrieved by the director's decision. Such appeal may be made by filing a written notice of appeal with the director prior to the time the decision becomes final, on forms furnished by the director. The appeal shall be accompanied by the fee established by the city council.

(2) Notice of the hearing on the appeal shall be given in the manner and time provided in this chapter not less than ten days before such hearing to each person entitled to notice of the preceding decision.

(3) The commission may affirm wholly or partly, reverse, modify, or attach additional conditions to the decision which was appealed.

(F) Permit Issuance. No permit shall be issued prior to the expiration of any appeal period for an entitlement.

(Ord. 2001-02 § l, 2001; Ord. 2002-07 Exh. A, 2002; Ord. 2009-10 § 3, 2009; Ord. 2009-12 § 3, 2009; Ord. 2009-16 § 3, 2009.)

Cross References

Section 19.42.020(B)(1)

19.40.030 Planning commission approvals. ¶

(A) Authority. The following may be approved by the planning commission, as specified elsewhere in this title:

(1) Conditional use permits, pursuant to Chapter 19.42;

(2) Variances, pursuant to Chapter 19.43;

(3) Sign permits and programs, pursuant to Chapter 19.23;

(4) Planned community development permits, pursuant to Chapter 19.16;

(5) Major modifications of previous planning commission approvals, pursuant to Chapter 19.45;

(6) Applications and entitlements normally subject to community development director approval when filed in conjunction with any of the applications listed above;

(7) Applications referred to the commission by the community development director because of unique circumstances, potential public controversy, or a need for policy direction.

(B) Application.

(1) An application subject to the approval of the planning commission shall be submitted to the community development department on forms specified by the commission, and shall be accompanied by all maps, plans, and other information deemed necessary by the director.

(2) An application shall be accompanied by any fee established by the city council.

(C) Public Hearings.

(1) Upon acceptance of an application as complete and following completion of any environmental review, a public hearing shall be set before the commission.

(2) Notice of the public hearing shall be given in the manner specified in this chapter.

(3) A public hearing shall be held before the commission at the time and place specified by the public notice. The commission may establish rules for the conduct of such hearings. Any hearing may be continued provided that the time and place to which it is continued is announced prior to adjournment or recess.

(D) Decision.

(1) The commission shall comply with the time limits stipulated in California Government Code Section 65950 when making a decision on an application.

(2) The commission shall approve, conditionally approve, or deny an application following the close of the public hearing on an application, or within thirty days thereafter, by resolution. Such resolution shall include any findings required by this title.

(3) Written notice of the commission's decision, including any conditions of approval, shall be given by mail within five calendar days of the decision to the applicant and any person who has filed a written request for notice of the decision.

(4) The commission's decision, including any conditions of approval, is final on expiration of ten calendar days following the decision unless a notice of appeal is filed with the community development director within such time. The date of the decision shall not be counted in determining the final date for filing an appeal. Should an appeal period end on a Saturday, Sunday or holiday, the final day for filing an appeal shall be the following Monday, or the next business day following a holiday.

(5) Requests to delete or modify a condition of approval, or to modify a project may be considered following the expiration of the appeal period at a properly-noticed public hearing before the commission.

(E) Appeal Procedures.

(1) Any decision of the planning commission made pursuant to this chapter may be appealed to the city council by the applicant or any other person aggrieved by the commission's decision. Such appeal may be made by filing a written notice of appeal with the community development director prior to the time the decision becomes final, on forms furnished by the director. The appeal shall be accompanied by the fee established by the city council.

(3) The city council may affirm wholly or partly, reverse, modify, or attach additional conditions to the decision which was appealed. The council's decision shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.

(F) Permit Issuance. No permit shall be issued prior to the expiration of any appeal period for an entitlement.

(Ord. 2001-02 § 1, 2001; Ord. 2002-07 Exh. A, 2002.)

Cross References

Section 19.40.040(C)(1)

Section 19.42.020(B)(2)

19.40.040 City council approvals. ¶

(A) Authority. The following entitlements may be approved by the city council, as specified elsewhere in this title:

(1) Zoning map and ordinance text amendments, pursuant to Chapter 19.48;
(2) Planned community conceptual master plans, pursuant to Chapter 19.16;
(3) Specific plans, pursuant to Chapter 19.17;
(4) Development agreements;

(5) Entitlements otherwise subject to community development director or planning commission approval when filed in conjunction with any of the applications listed above.

(B) Applications.

(1) An application for an entitlement subject to the approval of the city council shall be submitted to the community development department on forms specified by the council, and shall be accompanied by all maps, plans, and other information deemed necessary by the director.

(2) An application shall be accompanied by any fee established by the council.

(C) Planning Commission Review.

(1) Upon acceptance of an application subject to city council approval as complete and following completion of any environmental review, the application shall be referred to the planning commission for review and recommendations. The commission shall hold a public hearing on the matter in accordance with Section 19.40.030, and shall transmit to the council a written recommendation for approval, conditional approval or denial, including reasons for the recommendation.

(2) Should the commission fail to act upon the referral within a reasonable time, the council may, by written notice, require the commission to render its report within forty days after the reference or such longer period as may be designated by the council. Upon receipt of the written notice, the commission, if it has not done so, shall conduct a public hearing. Failure to so report to the council within the stipulated time period shall be deemed to be a recommendation for approval of the application.

(D) Public Hearings.

(1) Upon receipt of the recommendation of the planning commission, the city clerk shall set the application for a public hearing before the council. However, if the commission has recommended against approval of a referred application, the city council need not take further action unless an interested party files a request for a hearing with the city clerk within five days after the planning commission files its recommendation with the city council.

(2) Notice of the public hearing shall be given in the manner specified in this chapter.

(3) A public hearing shall be held before the council at the time and place specified by the public notice. The council may establish rules for the conduct of such hearings. Any hearing may be continued provided that the time and place to which it is continued is announced prior to adjournment or recess.

(E) Decision.

(1) The council may approve, modify, or disapprove the recommendation of the planning commission on an application, by resolution, following the close of the public hearing, or within thirty days thereafter. Such resolution shall include any findings required by this title.

(2) Any modification of the application by the council not previously considered by the commission during its hearing, shall first be referred to the commission for a report and recommendation, but the commission shall not be required to hold a public hearing thereon. Failure of the commission to report within forty days after the reference, or such longer period as may be designated by the council, shall be deemed to be approval of the proposed modification.

(3) Written notice of the council's decision, including any conditions of approval, shall be given by mail within five calendar days of the decision to the applicant and any person who has filed a written request for notice of the decision.

(4) The council's decision, including any conditions of approval, is final on adoption of an order or resolution containing its determination.

(5) Subsequent requests to delete or modify a condition of approval, or modify a project may be considered at a properly-noticed public hearing before the council.

(Ord. 2001-02 § 1, 2001; Ord. 2002-07 Exh. A, 2002.)

19.40.050 Notice of public hearing. ¶

When a public hearing is required by this chapter, notice of the hearing shall be given in the manner specified in this section.

(A) Contents of Notice. A required public hearing notice shall contain at least the date, time, and place of the hearing; the identity of the hearing body, and the nature and location of the application in sufficient detail for a member of the public to be able to understand the nature, intent and scale of the project or request.

(B) Method of Noticing. At least ten calendar days before the date of any public hearing, required notice shall be given through all of the following actions:

(1) Publishing such notice once in a newspaper of general circulation within the city, or if none, in a newspaper of general circulation within the county of Napa; and

(2) Mailing or delivering notice, postage prepaid, to all of the following:

(a) The property owner,
(b) The applicant,

(c) The owners of all property within five hundred (500) feet of the exterior boundaries of the property which is the subject of the application,

(d) Any person who has filed a written request for such notice;

(3) For the purposes of this mailed or delivered notice, the last known names and addresses of property owners on the last county assessment roll shall be used. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, a display advertisement of at least one-eighth page in at least one newspaper of general circulation may be published at least ten days prior to the hearing in lieu of mailed or delivered notice.

(Ord. No. 2023-08; Ord. 2001-02 § 1, 2001; Ord. 2002-07 Exh. A, 2002.)

19.40.060 Permit revocation and modification. ¶

Any entitlement granted pursuant to this chapter may be modified or revoked by the official or decision-making body that originally granted the entitlement through the same procedures under which the entitlement was granted, for any of the following causes:

(A) Any term or condition of the entitlement has not been complied with.

(B) The property or portion thereof subject to the entitlement is used or maintained in violation of a statute, ordinance, law, or regulation.

(C) The use for which the entitlement was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance.

(Ord. 2001-02 § 1, 2001; Ord. 2002-07 Exh. A, 2002.)

19.40.070 Indemnification as condition of discretionary land use and development permits and approvals. ¶

Except where otherwise expressly prohibited by state or federal law, an applicant for any discretionary land use or development permit, license, authorization, entitlement, or other approval from the city of American Canyon or any of the city of American Canyon elected officials, officers, employees, attorneys, representatives, boards, commissions, volunteers, and agents shall as a prerequisite for the approval agree to defend, indemnify, and hold harmless the city of American Canyon, its elected officials, officers, employees, attorneys, representatives, boards, commissions, volunteers and agents from and against all claims, actions, including actions to arbitrate or mediate, damages, losses, judgments, liabilities, expenses and other costs, or proceedings against the city, its elected officials, officers, employees, attorneys, representatives, boards, commissions, volunteers, or agents to attack, modify, set aside, void, or annul an approval, conditional approval, permit, entitlement, environmental document, environmental clearance, mitigation plan, or any other document or any of the proceedings, acts, or determinations taken, done, or made prior to granting of such approval, conditional approval, permit, entitlement, environmental clearance, environmental document, mitigation plan, or other document, by the city, including, without limitation, an action against an advisory agency, appeal board, or legislative body within the applicable limitation period.

Notwithstanding the foregoing, the city has the right to participate in the defense of any claim, action, or proceeding provided the city bears its own costs and attorneys' fees directly associated with such participation and defends the action in good faith. The applicant will not be required to pay or perform any settlement unless the applicant agrees to the settlement.

(Ord. 2010-04 § 1, 2010.)

19.40.080 Scope of indemnification requirement. ¶

(A) The obligation to defend, indemnify and hold the city harmless shall include the payment of all costs in connection with the defense of any claim, action, or proceeding challenging the entire or a portion of an approval, conditional approval, permit, entitlement or any other document of any related claim. Such defense costs include legal costs, attorneys' fees (including a third party award of attorneys' fees), and fees of persons and consultants retained by the city, arising out of, resulting from, or in connection with the city's act or acts leading up to and including approval of any environmental document, environmental clearance, or mitigation plan granting approvals to the applicant, incurred on behalf of, or by, the city, its elected officials, officers, employees, representatives, attorneys, boards, commissions, volunteers and agents.

(B) The obligation to defend, indemnify, and hold the city harmless shall include, but not be limited to, the cost of preparation of any administrative record by the city, staff time, copying costs, court costs, or attorneys' fees arising out of a

suit or challenge contesting the adequacy of a permit, approval, conditional approval, entitlement, environmental document, mitigation plan, environmental clearance, or any other document or approval related to the applicant's project.

The city will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense. If the city fails to promptly notify the applicant of any claim, action, or proceeding, or the city fails to cooperate fully in the defense, the applicant shall not be responsible to defend, indemnify, or hold harmless the city.

(C) In the event a legal challenge to a city permit, approval, conditional approval, environmental document, environmental clearance, mitigation plan, entitlement or any other document, proceeding, determination, or action related to the applicant's project is successful, and an award of attorneys' fees is granted against the city, the applicant shall be responsible to timely pay the full amount of such an award.

(Ord. 2010-04 § 1, 2010.)