Chapter 9.70 — PERMITS AND APPLICATIONS

Sections:

An application for a permit or other land use matter required by this title shall be filed, processed, heard, and either approved, denied, or approved with conditions in accordance with the provisions of this chapter and the specific chapter within this title related to processing of that permit.

• A. The Director shall prescribe and make available the form in which applications are made for a permit or other land use matter and maintain a list specifying the materials, information, and

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fees to be submitted with each application for a permit or other land use matter filed in accordance with this title. The list may be revised from time to time to comply with revisions to local, State, or federal law, regulation, or policy. An application shall be made in the form prescribed by the Director on the date the application is filed unless otherwise specified by this title or State law.

• B. All filing fees required to be paid upon the filing of any application shall be set forth from time to time by City Council resolution.

The following persons shall have the authority to file an application:

• A. The record owner of the real property that is the subject of the permit or other matter.

• B. The property owner’s authorized agent.

• C. Any person who can demonstrate a legal right, interest, or entitlement to use the real property subject to the application.

• D. The Director, City Manager, Planning Commission, or City Council.

If signatures of persons other than the owners of the property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the City as represented by the Planning Commission and the City Council.

Applications filed pursuant to this title shall become a part of the permanent official records, and there shall be attached thereto and permanently filed copies of all notices and actions, with any certificates and affidavits of applicable posting, mailing, or publication.

Any person authorized to file an application may withdraw an application that has been filed at any time, provided the withdrawal is in writing. If an application is withdrawn after a notice of public hearing has been mailed or posted, the application shall be agendized so that the withdrawal of the application can be announced publicly.

• A. Applications for permits or other land use matters identified in this title shall be acted upon in accordance with one of the decision processes depicted in Table 9.70.070-1 (Role of Review Authority Planning Permit Applications). Table 9.70.070-1 determines the role of each review authority in the decision-making process and shall not describe or limit the scope, meaning, or intent of any other provisions of this title. Table 9.70.070-1 only describes the processes that may be required by this title and does not describe other decision processes that may be required by other agencies. Subdivision processes and procedures are identified in Title 16.

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Table 9.70.070-1 Role of Review Authority Planning Permit Applications

• ee. All applications heard by the Planning Commission or City Council, according to Table 9.70.070-1, shall be at public hearings in accordance with Section 9.70.090.

• ff. Where a project requires multiple planning entitlements and discretionary approvals by the Planning Commission and City Council, all the associated entitlements for the project as a whole shall be heard and acted on at the same time in a manner as the entitlement with the most strict requirements.

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All discretionary applications will be reviewed by the Director to determine if the project is subject to environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines, as currently adopted and amended from time to time. All non-discretionary applications are deemed to not be subject to environmental review, pursuant to CEQA Guidelines Section 15268.

A public hearing is a noticed session before the Planning Commission, City Council, or other approval body, as appropriate, to receive original evidence or testimony from the applicant and the general public on discretionary applications regulated by this title.

Notice of the time and place of public hearings shall be given in the following manner. Noticing may take place earlier than required if other laws or policies require a longer notice period.

• A. A notice of any public hearing shall be given by at least one publication in a newspaper of general circulation in the city not less than 10 days before the date of the public hearing.

• B. A notice of public hearing shall be given by mailing a written notice not less than 10 days prior to the date of such hearing to the applicant and to owners of property within a radius of 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the name and address of such owners and properties, as shown on the latest adopted county tax roll. Notice shall also be mailed to interested persons who have filed a written request for notification with the Director.

• C. In the event that the number of owners of property to whom notice may be sent pursuant to subsection B of this section would result in more than 1,000 notices, notice may alternatively be given at least 10 days prior to the hearing by either of the following procedures:

  1. By placing a display advertisement of at least one-eighth page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment.

  2. By placing a written notice with any generalized mailing sent by the City to property owners in the area affected by the proposed ordinance or amendment, such as billings for City services.

Public notice of hearings shall begin with words similar to “Notice of Proposed Change of Zone District,” “Notice of Proposed Variance,” or “Notice of Proposed Conditional Use Permit,” as the case may be, and set forth the description of the property under consideration, the nature of the proposed change or use, identification of the hearing body, and the time and place at which the public hearing on the matter will be held.

Public hearings before the City Council and the Planning Commission shall be conducted in accordance with Chapter 9.70.

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If, for any reason, a public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place at which the hearing will be continued, and no further notice shall be required.

A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this title and the names of persons testifying shall be recorded and made a part of the permanent files of the application.

For applications requiring a final decision by the City Council, the Planning Commission shall first hold a public hearing on the matter. For such a hearing, the Planning Commission shall, by resolution, recommend to the City Council approval or denial of the request, including the findings for the recommendation. Upon receipt of the recommendation from the Planning Commission, the City Council shall hold a public hearing after noticing is completed.

The review authority responsible for making a final determination for any application, as identified by Table 9.70.070-1, shall announce its findings by formal resolution or, in the case of a change to the text of this title or to the Zoning Map, by ordinance. Specific plans may be adopted by resolution or by ordinance. Non-discretionary permits may be approved by letter. The resolution shall recite, among other things, the facts and reasons which, in the opinion of the hearing body, make the approval or denial of the permit necessary to carry out the provisions and general purpose of this title and shall order that the permit or other action be approved, denied, or approved subject to conditions that it may impose.

Not later than 10 days following the adoption of a resolution or other applicable document ordering that a permit or other action be approved or denied, a copy of said resolution or other applicable documents shall be mailed to the applicant and to any other parties requesting notice of the action. The resolution or other applicable document shall also be filed and maintained as public record by the Director.

The decision of the review authority identified in Table 9.70.070-1 for any permit or other nonlegislative decision shall be effective and final 10 days following the adoption of the resolution unless, within such period of time, the applicant or other interested party files a written appeal of the decision.

Where an application has been denied by a review authority, and that action has become final, no new application for substantially the same request shall be accepted for filing for a period of one year after the effective date of the denial unless that review authority specifies in its decision that the denial is made without prejudice.

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• A. A decision of the Director may be appealed to the Planning Commission by any interested person within 10 days following the decision of the Director. Any decision of the Planning Commission, including a decision on an appeal, may be appealed to the City Council by any interested person within 10 days following the decision of the Planning Commission. Decisions by the City Council shall be considered final and may not be appealed.

• B. Appeals to the Planning Commission or to the City Council shall be conducted as a public hearing in accordance with the public hearing noticing and hearing procedures in this chapter.

• C. A decision on an application that has been appealed may be upheld, overturned, or modified. The appeal decision shall be adopted by resolution or other applicable document.

Subject to the other provisions of this chapter, a permit that is effective and final pursuant to this chapter shall continue to be valid upon a change of ownership of the site or structure that was the subject of the permit, except for a Home Occupation Permit as determined by Section 9.78.070.

Before any building, grading, encroachment, or other development permit is issued for any building, excavation, or other structures proposed as a part of an approved permit, the Director shall determine that the proposed building location, facilities, and improvements are in substantial conformance with the approved permit and any conditions of approval.

• A. Upon the violation of any applicable provision of this title, the provisions of any conditional use permit, or upon the failure to comply with or satisfy any condition of approval related thereto, the permit or approval issued pursuant to this chapter shall be automatically suspended. Written notice of the suspension shall be sent by the Director to the person to whom the use permit was issued or to their successor, if known, advising them of the suspension and the violations causing the suspension.

• B. No building, grading, encroachment, or other development permit shall be issued for any building, excavation, or other structures proposed as a part of a permit that has been suspended. For any construction activity taking place on the site that is the subject of the suspended permit, the building official shall issue a Stop Work order.

• C. The City Council shall hold a public hearing and hear evidence from City staff, the holder of the permit, and other interested persons. Should the City Council find that there has been a violation of this title, the provisions of the permit, or a failure to comply with or satisfy any condition of approval related thereto, the City Council may either revoke the permit or take such other action as the City Council deems necessary to ensure compliance with the provisions of this title, the permit, and the related conditions of approval.

• A. An approved permit shall expire and shall become null and void two years after the date of approval unless, prior to expiration, one of the following occurs:

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1. A building permit is issued by the building official, and construction is commenced and diligently pursued toward completion on the property that was the subject of the approved permit.

2. The use for which the permit was approved has commenced.

• gg. If a use for which a permit was approved has commenced and then is later abandoned for a continuous period of one year, the permit shall expire and become null and void.

1. Prior to the expiration of a permit, a person having the authority to file an application may file a written request with the Director for an extension of a permit that may otherwise expire. Upon receipt of this application, the approval of the permit shall automatically be extended for 30 days or until the application for the extension is approved or denied, whichever occurs first. The request for extension shall be taken to the Planning Commission, which may extend the expiration date of the permit by one year. The Planning Commission may grant up to a total of three one-year extensions.

• A. If a parcel of real property is considered for annexation that is subject to a permit previously approved pursuant to the provisions of the Kings County Zoning Ordinance and the use has commenced on the date that the City Council initiates annexation, then the City shall succeed to the permit and shall administer and enforce the permit in accordance with the provisions of this chapter.

• B. If a parcel of real property is considered for annexation that is subject to a permit previously approved pursuant to the provisions of the Kings County Zoning Ordinance and the use has not yet commenced on the date that the City Council initiates annexation, then the City shall declare in its resolution of annexation initiation whether it will or will not succeed to the permit. If the City declares that it will not succeed to a permit, then the permit shall be deemed null and void on the effective date of annexation.

• A. Upon written request by a person having authority to file an application, a permit approved in accordance with this chapter that has not expired may be adjusted by the Director provided that the Director determines that the adjustment is minor, does not contradict the intent of the review authority’s approval, does not increase the approved use’s impact on adjacent properties, does not increase the intensity or character of the use that was approved, and is consistent with the General Plan.

• B. If the Director determines that the findings in subsection A of this section required to approve a minor adjustment cannot be met, then the applicant may apply for an amendment to the permit.

A person having the authority to file an application may apply for an amendment to an approved permit that has not expired. The amendment application shall be processed with the same procedures as if the application were for a new permit.

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