Section 9107.01 — City-Required Permits and Approvals

This Division establishes the overall structure for the application, review, and action on City-required permit applications and identifies and describes those discretionary permits and other approvals required by this Development Code in Table 7-1 (Review Authority).

A.

Administrative Permits and Actions. Except when combined with legislative actions or other non- administrative actions defined in this Division, the Director, also defined in this Development Code as the designee of the Director, is the designated Review Authority for the following quasi-judicial permits and actions, which are generally limited to interpretation of policy or relatively minor adjustments of Development Code standards. Additionally, the Director has primary administrative authority over certain activities which require the determination of compliance with applicable Development Code provisions. The Director, at the Director's sole discretion, may elevate the level of review to a higher Review Authority.

Administrative Modifications. An administrative action granting exception (modification or deletion) to certain specified development standards of this Development Code in cases where strict compliance would result in a hardship as specified in and processed in compliance with Section 9107.05 (Administrative Modifications).

Certificates of Demolition. An administrative action authorizing the issuance of a Certificate of Demolition in compliance with Section 9107.07 (Certificates of Demolition).

Development Code Interpretations. An administrative interpretation of certain provisions of this Development Code in an effort to resolve ambiguity in the regulations and to ensure their consistent application in compliance with Section 9101.02 (Interpretation of the Development Code Provisions).

Home Occupation Permits. An administrative permit authorizing the operation of a specified home based occupation in a particular location in compliance with the provisions of this Development Code and in compliance with procedures specified in Section 9107.13 (Home Occupation Permits).

Minor Use Permits. An administrative permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of this Development Code and in compliance with procedures specified in Section 9107.09 (Conditional Use Permits and Minor Use Permits).

Reasonable Accommodations. An administrative permit authorizing limited modifications to properties to accommodate a person with specified disabilities and physical limitations in compliance with specific criteria and performance standards and in compliance with procedures specified in Section 9107.17 (Reasonable Accommodations).

Sign-Related Permits.  

a.

Sign Permits. An administrative permit authorizing a variety of signs, including individual signs for promotional advertising in compliance with specific provisions and conditions of this Development Code and Section 9103.11 (Signs). Temporary signs may also be approved in conjunction with a Temporary Use Permit issued in compliance with Section 9107.23 (Temporary Use Permits).

b.

Comprehensive Sign Programs. A process through which permissible on-site signage is reviewed to provide for a coordinated, complementary program of signage within a single development project consisting of multiple tenant spaces or a zone.

Site Plan and Design Review. An administrative review process providing for review of projects for compliance with the provisions of this Development Code and with any site plan or architectural design guidelines adopted by the City and as provided in Section 9107.19 (Site Plan and Design Review). The review role is delegated to Department Staff, the Director, the Commission, or the Council (for applications requiring Council determinations) as specified in Section 9107.19 (Site Plan and Design Review) and Table 7-3 (Review Authority for Site Plan and Design Review).

Site Plan and Design Review: Homeowners Associations Areas. An administrative review process providing for review of projects located in Homeowners Association Areas established by City Council Resolution for compliance with the provisions of this Development Code, City Council Resolution, and architectural design guidelines adopted by the City and as provided in Section 9107.210 (Site Plan and Design Review: Homeowners Association Areas). The review role is delegated to Department Staff, the Director, the Homeowners Association Architectural Review Board Chairperson, the Homeowners Association Architectural Review Board, the Commission, or the Council (for applications requiring Council determinations) as specified in Section 9107.210 (Site Plan and Design Review: Homeowners Association Areas) and Table 7-4 (Review Authority Site Plan and Design Review: Homeowners Association Areas).

Temporary Use Permits. An administrative permit authorizing specific limited term uses in compliance with specified conditions and performance criteria specified in Section 9107.23 (Temporary Use Permits).

Tree Encroachment, Preservation, and/or Removal.  

Zoning Clearances. A nondiscretionary administrative plan-check process of nonexempt uses and structures that do not otherwise require review to determine compliance with applicable provisions of this

Development Code as specified in Section 9107.27 (Zoning Clearances).

B.

Quasi-Judicial Permits and Actions. Except when combined with legislative actions, the Commission is the designated Review Authority for the following quasi-judicial permits and actions. Additionally, review of administrative permits and actions may be referred to the Commission. A public hearing is required for the following quasi-judicial actions in compliance with Section 9108.13 (Public Notices and Hearings).

Conditional Use Permits. A permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of this Development Code and the procedures specified in Section 9107.09 (Conditional Use Permits and Minor Use Permits).

Planned Development Permits. A permit authorizing the development of land that may not conform with the applicable zone-driven standards or related regulations, but which complies with the goals and policies of the General Plan for a particular area in compliance with Section 9107.15 (Planned Development Permits). A Variance may also allow for exceptions to development standards, but only when strict State-mandated findings can be made.

Variances. An action granting exception to the development standards of this Development Code in cases where strict compliance would result in a unique hardship in compliance with Section 9107.25 (Variances). A Planned Development Permit may also allow for exceptions to development standards, but only when provisions for enhanced amenities can be demonstrated and the project site is at least one acre.

C.

Legislative Actions. The designated Review Authority for all legislative actions is the Council. A public hearing is required for the following legislative actions in compliance with Section 9108.13 (Public Notices and Hearings).

Density Bonus for Affordable Housing. An action authorizing a residential density bonus in compliance with Section 9103.15 (Density Bonus for Affordable or Senior Housing).

Development Agreements and Amendments. An agreement between the City and a party with legal or equitable interest in the real property relating to the development of property in compliance with Section 9107.11 (Development Agreements).

Development Code Text/Zoning Map Amendments. An action authorizing either a text amendment to this Development Code or a map amendment changing the zoning designation of particular property in compliance with Section 9108.03 (Amendments).

General Plan Text/Map Amendments. An action authorizing either a text amendment to the General Plan or a map amendment changing the General Plan land use designation of particular property in compliance with Section 9108.03 (Amendments).

Specific Plans and Amendments. A regulatory document prepared in compliance with Government Code Section 65450 et seq. for the systematic implementation of the General Plan for a particular area as specified in Section 9107.21 (Specific Plans).

D.

Subdivision Maps and Other Approvals.  

Subdivision of Land. Regulations governing the subdivision of land are established in Division 5 (Subdivisions).

Buildings and Construction. Provisions for construction and building are established in Municipal Code Article VIII (Building Regulations).

(Ord. No. 2363, § 4(Exh. A), 11-5-19)

A land use on property that complies with the permit requirement or exemption provisions of this Development Code shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use. Nothing in this Development Code shall eliminate the need to obtain any permits required by:

A.

Any other Municipal Code provisions, including Building, Grading, or other construction permits; a Business License in compliance with Municipal Code Section 6211 (License Required), if required; or subdivision approval if required by Division 5 (Subdivisions); or

B.

Any applicable county, regional, State, or Federal regulations.

A.

Burden of Proof. The burden of proof to establish the evidence in support of the required finding(s) for any permit or approval in compliance with this Division is the responsibility of the applicant.

B.

Precedence.  

Each permit shall be evaluated on a case-by-case basis.

The granting of a prior permit either on the subject property or any other property within the City does not create a precedent and is not justification for the granting of a new permit under current review.

Section 9107.03 - Application Processing Procedures