Chapter 19.108 — Procedures—General

The procedures to be utilized in changing and administering this Title include the following:

• A. Legislative Procedures.

  1. Text Change. Any ordinance or amendment changing the wording of this Title.

  2. Zone Change. Any ordinance or amendment changing a zone boundary as shown on the Zoning Map (Section 19.104.060 ).

  3. Adoption or Amendment of Standards. Procedure for approval of detailed standards required or authorized by provisions of this Title to supplement the ordinance regulations.

• B. Administrative Procedures.

  1. Interpretation. A means of resolving uncertainties or ambiguities in the meaning of any provision of this Title. Such interpretations are uniformly applicable to all subsequent

situations in which the same set of circumstances is present. In addition, the interpretation procedure may be used to make minor adjustments of zone boundaries to conform to lot lines or to resolve uncertainty as to the precise location of a zone boundary.

2. Conditional Use Permit. A discretionary action concerning a specified land use and pursuant to criteria set forth in this Title, to determine whether such use will be permitted at a given location and to determine the conditions or limitations on development in each case.

3. Conditional Use Permit for Residential Condominium. Similar to the conditional use permit procedure described in subsection B.2 of this section, but with additional steps and requirements due to the special nature of a condominium development.

4. Site Plan Review. The review and conditional approval of development plans for specified categories of development or when required as a condition of approval under some other procedure, in order to ensure the intent of this Title is met with regard to site arrangement, functional effectiveness, landscape design, architectural quality, and other pertinent attributes.

5. Zoning Sign Permit. A review and approval of signing plans to ensure compliance with established standards in areas designated for special care and consistency in signing programs.

6. Underground Utilities Waiver. A means of waiving requirements for underground placement of utility lines when found to be impractical or an unnecessary hardship.

7. Adjustment. A simplified procedure for considering minor deviations from zoning regulations for reasons of practicality or improved design.

8. Zoning Compliance Review. A routine check to ensure that zoning requirements are met before some other permit is issued.

9. Interdepartmental Review. A simplified procedure for projects which do not require adjustments or deviations from the regulations set forth in this Title and meet the goals and policies of the General Plan.

10. Streamlined Ministerial Review. An implementation of Section 65913.4 of the Government Code by providing a streamlined review and approval process for qualifying affordable housing projects shall be processed via an Interdepartmental Review.

• C. Quasi-Judicial Procedures.

1. Variance. A determination, under criteria established in State law and this Title, allowing deviation from the literal application of regulations of this Title, in cases where the effect of the literal application of the regulations would produce results contrary to the intent of this Title, and would unequally discriminate against particular property because of unusual or unanticipated circumstances pertaining to such property.

   2. Extension of Nonconformity Privilege. Procedure for changing the allowed time period during which a legal nonconforming situation may continue to exist in those cases where the standard time period set forth in this Division is found to be unreasonable. The procedure may also be applied to changes or expansions of nonconforming situations.

   3. Revocation. Procedure for revoking any specific development approval when violations of zoning requirements or other laws are found to have occurred.

(Ord. 1754, 6/24/2025)

• A. Form and Information Required. For all applications to initiate a procedure under this Division, the form of the application and the nature of the information to be submitted therewith shall be as prescribed by the Director for each type of application.

• B. Acceptance.

  1. The Director shall be responsible for the acceptance of all such applications. No application shall be accepted until:

     • a. All required information is submitted, including an environmental impact report when required (see Section 19.108.060 );

     • b. At least six months has passed since final action on any previously denied application for substantially the same matter;

     • c. The required application fee has been paid.

  2. As soon as possible, but in no case later than thirty days after receipt of an application, the Director shall determine in writing if such application is complete, and immediately transmit such determination to the applicant. If an application is determined not to be complete, the Director's determination shall specify the deficiencies and the manner in which the application can be made complete. (See California Government Code Sections 65943 and 65944 .)

  3. Upon determination that an application is complete and meets the requirements for acceptance, or expiration of the thirty-day period if no determination regarding completeness is made, the application shall be deemed accepted. (See California Government Code Section 65943 .)

• (Ord. 1754, 6/24/2025)

When prescribed by provisions of this chapter for specific procedures, proceedings may be initiated by order of the City Council, Planning Commission, Director, or other public official or body so authorized.

(Ord. 1754, 6/24/2025)

An application or other initiation of proceedings under any procedure set forth in this Division may be considered as an initiation of proceedings under any other procedure set forth in this Division; provided that, for each action taken, the procedural steps required for that action have been accomplished and the applicable fees paid. (Ord. 1754, 6/24/2025)

• A. A schedule of fees shall be adopted (and revised from time to time as deemed necessary) by resolution of the City Council. (See California Government Code Section 66012 , et seq.)

• B. When a proceeding is initiated by application or written request as authorized in this Title 19, a fee shall be paid to the City by the applicant or appellant in the amount set forth in the currently adopted schedule of fees.

• C. No fee shall be required when a proceeding is initiated by action of an officer or official body of the City.

• D. No fee shall be refunded except upon order of the City Council for good cause shown. (Ord. 1754, 6/24/2025)

• A. For purposes of applying procedural time limits under this Division, a procedure will not be considered to have been initiated until one of the following has occurred pursuant to the California Environmental Quality Act:

  1. Notice of completion of a draft environmental impact report has been filed;

  2. Notice of a negative declaration has been made; or

  3. The Director determines that the proposed zoning matter is exempt from, or does not constitute a project under, the California Environmental Quality Act.

• B. If, after having determined otherwise, it is determined that either a negative declaration or an environmental impact report is required, or that a supplement to a draft environmental impact report is required, the running of time limits applicable to the zoning procedure shall be suspended until the applicable environmental review step has been accomplished.

• C. Any hearing on an environmental impact report shall be held before or concurrently with the last hearing to be held on a zoning matter to which it relates.

• D. Certification of final environmental impact report or adoption of a negative declaration, when required, shall be made prior to a final decision on a zoning matter.

• (Ord. 1754, 6/24/2025)

Except as otherwise directed by the City Manager, for each matter initiated under a procedure established by this Division, the Director shall cause an investigation to be made and a report prepared providing factual information and recommendations as appropriate for action in accordance with the provisions of this Division. (See California Government Code Section 65804(d) .) (Ord. 1754, 6/24/2025)