Division 1 — GENERAL PROVISIONS

Sec. 29-275. - Review of development projects, legislative actions and ministerial permits.

Article V sets forth the city's procedures for reviewing and processing a variety of actions that focus on land use and development. Development projects shall be reviewed and processed in compliance with the provisions of this article, unless otherwise specified in Government Code section 65000 et. seq. Legislative actions shall be reviewed and processed in compliance with the provisions of this article, unless otherwise specified in Government Code section 65000 et. seq. If a conflict exists between this article and the Government Code, the procedures set forth in the Government Code shall prevail.

Table 29-275.1 Application Types, Review Bodies and Responsibilities

Notes:

1.

Unless appealed to appellate body.

2.

Requires LAFCO approval.

3.

When final authority is vested with the review body.

4.

Application and review procedures for parcel map and tentative maps shall be in accordance with chapter 24 subdivision regulations of the City Code.

5.

When final authority is vested with the city council.

6.

If commission recommendation is the denial of a zone change, council action is only required upon the filing of a request for a hearing.

7.

For tentative maps of four (4) parcels or less.

For tentative maps of five (5) parcels or more.

9.

Subject to the conditional use permit process per article V, division 6 of this chapter and additional application and review procedures for planned unit developments in accordance with sections 29-180 and 29-181 of article IV, division 1 of this chapter.

10.

Subject to the conditional use permit process per article V, division 6 of this chapter and additional application and review procedures for a density bonus housing plan in accordance with state density bonus law.

11.

Application and review procedures for temporary use permits shall be in accordance with section 29-226 of article IV, division 5 of this chapter.

(Ord. No. 24-03, § 2, 9-17-24)

(1)

All applications submitted for approval of development projects pursuant to this article shall be accompanied by such forms, information and other items as specified by the community development director. Unless otherwise specified in Government Code section 65000 et seq., applications shall include:

(a)

A completed application form, signed by the property owner, lessee, or agent, as specified thereon. The minimum submittal requirements and materials are listed on the application form. The city reserves the right to require additional information and/or materials in order to adequately review development project applications.

(b)

A site plan, as described in division 4 of this article, is required for applications for site plan review, variances and conditional use permits. Architectural elevations may also be required as specified by this article or by the community development director.

(c)

A filing fee as established by the city council.

(d)

A completed environmental information form, unless a determination has been made by the community development director that the application is exempt from environmental review.

(e)

A signed statement, pursuant to California Government Code section 65962.5, that the applicant has consulted all lists, on file at the county health department, of all solid waste disposal facilities from which there is a known migration of hazardous waste, and shall indicate whether the project site for which the application is being made is within one thousand (1,000) feet of any site on such lists.

(2)

Resubmittals for incomplete applications. Unless otherwise specified by Government Code section 65000 et.seq., within thirty (30) days of any resubmittal of the application or submittal of materials in response to the written determination, the community development director shall determine in writing whether the application, together with the subsequently submitted materials, constitute a complete application and shall immediately transmit the determination to the applicant.

(3)

Unless otherwise specified by Government Code section 65000 et seq., when a determination that an initial application is incomplete has been transmitted to the applicant, the applicant shall have six (6) months from the date the application was initially filed to either resubmit the application or submit the information specified in the determination. Failure of the applicant to resubmit the application or to submit the materials in response to the determination within the six (6) months shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn a new application must be submitted. This time limit may be waived by the community development director with a finding of special circumstances.

(Ord. No. 24-03, § 2, 9-17-24)

Unless otherwise specified by Government Code section 65000 et. seq , not later than thirty (30) days after receipt of a new or resubmitted application pursuant to this article, the community development director shall determine whether the application is complete. The applicant shall be notified in writing of the director's determination; except that if a written determination is not made within thirty (30) days, the

application shall be deemed complete. An appeal may be filed with the planning commission pursuant to division 9 of this article on any decision of the community development director on the completeness of an application. An appeal of an application completeness determination stays the time limit of such determination pending the outcome of the appeal.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Development projects. The time limits for review and approval of all applications for development projects are governed and established by chapter 4.5 of the state planning and zoning law and Government Code section 65000 et seq.

(b)

Legislative actions. Applications for legislative actions are not subject to the Permit Streamlining Act and therefore, there is no time limit for the review and approval of applications for legislative actions.

(c)

Development projects processed with and needing legislative action(s). Since development projects processed with and needing enabling legislative actions cannot be approved without such enabling legislative actions, the time limits for review and approval of such development projects begins after both the approval of the enabling legislative action(s) and the city's determination of a complete application for the development project.

(d)

Ministerial projects. The time limits for the review and approval of applications for ministerial projects are established by statute for the particular ministerial permit.

(Ord. No. 24-03, § 2, 9-17-24)

At the time of filing an application with the city pursuant to the zoning ordinance, an applicant may request, in writing, to receive notice of any proposal to adopt or amend plans or ordinances relative to the general plan, a specific plan, the zoning ordinance, or an ordinance affecting building permits or grading permits. The applicant shall specify the types of proposed action for which notice is requested and the city shall provide such notice if it determines that the proposed action is reasonably related to the applicant's development permit.

(Ord. No. 24-03, § 2, 9-17-24)

Secs. 29-280—29-283. - Reserved.