Part 1 — GENERAL PROVISIONS

The purposes of the provisions set forth in this subchapter, are as follows:

(A) Discretionary permits and actions. Establish the overall structure for the review and action of discretionary permits and actions.

(B) Responsible Approving Authority. Designate the responsible Approving Authority for the review of such permits and actions.

(C) Application process. Outline the application processing procedures for such permits and actions.

(D) Noticing and hearing requirements. Establish the noticing and public hearing requirements for such permits and actions.

(E) Time limits and implementation. Identify the time limits and implementation requirements of such permits and actions.

(F) Permit modification and revocation. Outline the permit modification and revocation restrictions.

(G) Appeals. Identify the procedures for filing and processing an appeal.

(Ord. 1346, passed 5-2-12)

(A) Approving authorities. The Approving Authority, as designated in Table 153.210.020, shall approve, conditionally approve or deny applications based upon evidence presented by the applicant, by making the applicable findings required for a particular permit or approval in accordance with the requirements of this chapter and other laws and regulations. The table identifies both recommending (R) and final (F) authorities for each application. An action of the Approving Authority may be appealed to the appeal (A) authority, pursuant to procedures set forth in § 153.210.150.

(B) Referral authority. The Zoning Administrator may forward an application for an administrative adjustment, zone variance, conditional use permit, and modification or revocation thereof to the secretary of the Planning Commission in order to set the matter for a hearing before the Planning Commission.

TABLE 153.210.020

Type of Permit or Action

Approving Authority

Notes: (1) Decisions of the City Council may not be appealed

(Ord. 1346, passed 5-2-12)

The following activities and uses of land or structures are exempt from the land use and development permit requirements of this chapter. However, activities and uses shall comply with all other relevant provisions of this chapter.

(A) Interior alterations. Interior alterations that do not increase the gross floor area within the structure, or change or expand the permitted use of the structure.

(B) Maintenance. Ordinary repairs and maintenance, if the work does not change the approved land use of the site, add to, enlarge or expand the area occupied by the floor area of the structure or significantly change the exterior structure and design of the original construction.

(C) Utilities. The erection, construction, alteration or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants and similar facilities and equipment), but not including new transmission lines and structures.

(Ord. 1346, passed 5-2-12)

A land use that complies with the requirements of this chapter shall also comply with the permit requirements of other provisions of this code and any applicable permit requirements of other agencies before construction or use of the property is commenced. These may include building, grading or other construction permits; a business license; subdivision approval; or any other applicable county, regional, state or federal regulations. (Ord. 1346, passed 5-2-12)

The burden of proof to establish the evidence in support of the required finding for any permit is the responsibility of the applicant.

(Ord. 1346, passed 5-2-12)

Each permit shall be evaluated on a case-specific basis. Therefore, granting of a prior permit does not create a precedent and may not provide justification for granting a new permit. (Ord. 1346, passed 5-2-12)

When a proposed project requires more than one permit application with more than one Approving Authority, all project permits shall be processed concurrently at the applicant’s own risk as interrelated permits for a project and shall not be bifurcated. The highest designated Approving Authority for all requested permits shall take final action on all permits.

(Ord. 1346, passed 5-2-12)

(A) Application forms. The Planning Division will provide all application forms.

(B) Application submittal. All applications for land use and development permits and actions shall be submitted to City Planner on a city application form, together with all fees, plans, maps, data, diagrams, photographs and any other required information to provide the Approving Authorities with adequate information on which to base decisions.

(C) Appeals to City Council. Notwithstanding subsection B above, appeals to the City Council shall be filed with the City Clerk.

(D) Authorized to complete application. The owner, lessee or authorized agent of the property, or a plaintiff in an action of eminent domain, shall complete the application. Any authorized agent shall be formally delegated in writing by the property owner.

(E) Application package. Applications will not be accepted by the Planning Division without the required signed application forms, permit fees and required application package.

(Ord. 1346, passed 5-2-12)

Application reviewed for completeness. All applications filed with the Planning Division shall be initially reviewed for application completeness. The City Planner shall determine whether or not the application is complete and shall notify the applicant in writing of the determination that:

(A) All the submittal requirements have been satisfied and that the application has been accepted as complete; or (B) Specific information is still necessary to complete the application. For administrative permits and actions, and for sign permits, the applicant shall be notified within seven days and for all other permits and actions, the applicant shall be notified within 30 days.

(Ord. 1346, passed 5-2-12; Am. Ord. 1402, passed 11-15-17; Am. Ord. 1510, passed 6-19-24)

Public hearings shall be required for all quasi-judicial permits and legislative actions. The hearing shall be held before the designated Approving Authority and shall be noticed in accordance with the following provisions:

(A) Public notice. The Approving Authority shall give a public notice not less than ten days before the scheduled date of a hearing.

(B) Notice content. The notice shall state the date, time and place of the hearing; identify the hearing body; provide a general explanation of the matter to be considered; and provide a general description of the property (text or diagram), if any, which is the subject of the hearing.

(C) Notice distribution. Notice of the public hearing shall be mailed, postage prepaid, to the owners and tenants of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon current tax assessors records. If the number of owners and tenants to whom notices would be mailed or delivered is greater than 500, notice may be given by placing a display advertisement of at least one-eighth page in a newspaper of general circulation in the city in lieu of the above-required mailed or delivered notice.

(D) Notice mailing. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject property or the owner’s authorized agent, and to each local agency expected to provide water, sewer systems, streets, roads, schools or other essential facilities or services to the proposed project.

(E) Mailing list. Any person who requests inclusion on a mailing list for notice of hearing for development projects shall submit such request in writing to the City Clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.

(F) Failure to receive notice. Pursuant to Cal. Gov’t Code § 65093, failure of any person or entity to receive notice required by law of any hearing shall not constitute grounds for any court to invalidate the actions of a designated Approving Authority for which the notice was given.

(Ord. 1346, passed 5-2-12)

(A) Public hearings held. Public hearings shall be held at the date, time and place that appear on the notice given for the hearing. The designated Approving Authority shall conduct the public hearing and hear testimony.

(B) Minutes. Summary minutes shall be prepared and made part of the permanent file of the case.

(C) Continuation. Any hearing may be continued, and further public notice shall not be required unless the hearing is not continued to a specific date and time.

(Ord. 1346, passed 5-2-12)

(A) Permit action effective. Generally, any action to approve, conditionally approve or deny a permit shall be effective on the twentieth calendar day after the date of action, immediately following expiration of the appeal period.

(B) Legislative action effective. Legislative actions of the City Council normally become effective 30 days from the date of final action and may not be appealed. Therefore, administrative and quasi-judicial permits that are processed in conjunction with, or that are contingent upon, a legislative action shall not be acted upon until the effective date of the required legislative action.

(C) Other approvals. The approval of a land use or development permit authorizes the applicant to proceed with the proposed project upon the effective date of the permit, subject to all conditions or restrictions imposed by the Approving Authority. However, all other permits, licenses, certificates and other grants of approval to which the proposed development project is subject must be secured before the development or use may commence.

(D) Permit expiration. Unless conditions of approval or other provisions of this chapter establish a different time limit, any permit or approval not exercised within six months from the date of final approval shall expire and become null and void and a new application shall be filed with all requisite fees.

(E) Transfer of permits and approvals. Land use and development permits and approvals shall be transferable upon a change of ownership of the site, business, service, use or structures, provided that the use and conditions of the original permit or approval are fully complied with, and further provided that the project is not modified, enlarged or expanded.

(Ord. 1346, passed 5-2-12)

(A) Permit modification or amendment. Any person holding a permit granted under this subchapter may request a modification or amendment to the permit if it is found that such modification is necessary to protect the public peace, health and safety. The modification of a permit may apply to the terms of the permit itself, project design or the waiver or alteration of conditions imposed when the permit was granted.

(B) Permit modification application. If the proposed modification fulfills any of the following criteria, the property owner shall submit a permit modification application for consideration and approval by the Zoning Administrator.

(1) Criteria established in § 153.210.280.

• (2) A maximum 10% change in the building floor area, not to exceed 2,000 square feet.

• (3) A maximum 2% decrease in landscaped area.

• (4) No changes in the lot area, parking layout or hours of operation.

(5) A deletion of maximum one design element or substitution of one building material where such element or building material was not required by the Zoning Code or Design Review Committee.

(C) Permit modification public hearing. If the proposed modification exceeds any of the above mentioned criteria, a public hearing is required for action to modify the permit. The original Approving Authority for the subject permit shall hold the hearing. The hearing shall be noticed in the same manner required for the granting of the original permit.

(D) Findings. A permit modification may be granted only when the Approving Authority makes all findings required for the original approval in addition to the finding that changed circumstances sufficiently justify modification of the approval.

(E) Appeals. An action on a modification may be appealed in accordance with the provisions of § 153.210.150. (Ord. 1346, passed 5-2-12)

• (A) Permit revocation. A permit may be revoked upon a finding of any of the following:

• (1) The permit was obtained or extended by false, misleading or incomplete information;

• (2) The use or development for which such approval was granted has ceased to exist by voluntary abandonment;

• (3) One or more of the conditions upon which the permit was approved have been violated, or have not been complied with;

• (4) The use or development has violated another ordinance or law; or

• (5) The use or development is being conducted in a manner detrimental to public health, safety, or welfare, or such use or development constitutes a nuisance in accordance with this chapter.

• (B) Revocation initiation. The revocation of a permit may be initiated by any of the city departments. The

responsible department shall specify in writing to the permittee the basis upon which the action to revoke the permit is to be evaluated.

(C) Permit revocation public hearing. A public hearing is required for any action to revoke a permit. The original Approving Authority for the subject permit shall hold the hearing. The hearing shall be noticed in the same manner required for the granting of the original permit. At its discretion, the designated Approving Authority may revoke the permit, refuse to revoke the permit or modify or delete conditions of approval or add new conditions of approval in order to address the issues raised by the revocation hearing.

(D) Appeals. An action on a revocation may be appealed in accordance with the provisions of § 153.210.150. (Ord. 1346, passed 5-2-12)

(A) Interpretation or action appeals. Any person dissatisfied with an interpretation or action of the Approving Authority may appeal such action to the Appeal Authority, as designated in Table 153.210.020. Actions made by the City Council are not subject to appeal. For actions not listed in the table, the Appeal Authority is as follows.

• (1) The Design Review committee’s decision may be appealed to the Planning Commission.

• (2) The City Planner’s decisions may be appealed to the Zoning Administrator.

• (3) The Zoning Administrator’s decisions may be appealed to the Planning Commission.

• (4) The Planning Commission’s decisions may be appealed to the City Council.

• (B) Appeal filing. Appeals shall be filed within ten days following the date of determination or action for which an appeal is made and shall be accompanied by a filing and processing fee, as determined by resolution of the City

Council. All appeals shall be in writing, identifying the action being appealed, specifically stating the basis or grounds of the appeal, and shall be submitted to the following entity:

• (1) Submit the appeal and required fee to the City Planner if the Zoning Administrator or Planning Commission is the Appeal Authority.

• (2) Submit the appeal and required fee to the City Clerk if the City Council is the Appeal Authority.

(C) Appeal hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings shall be conducted within 45 days from the date of the appeal application being complete. Notice of hearing for the appeal shall be provided pursuant to noticing requirements outlined in § 153.210.100.

• (D) Public hearing attendance. The person filing the appeal must be present at the public hearing.

(E) Appeal actions. Each appeal shall be considered de novo (new), and the Appeal Authority may reverse, modify or affirm the decision in whole or in part based on evidence presented at the hearing and applicable staff reports. In taking its action on an appeal, the Appeal Authority shall state the basis for its action. The Appeal Authority may modify, delete or add conditions, as it deems necessary. The Appeal Authority may also refer the matter back to the original Approving Authority for further action.

(F) Written notice of decision. Following the process, the Appeal Authority shall provide written notice of the decision to the person filing the appeal and other persons requesting the notice. (Ord. 1346, passed 5-2-12)