Chapter 21.52 — ADMINISTRATIVE RESPONSIBILITY

This chapter describes the authority and responsibilities of the council, commission, department, planning director and city staff in the administration of this title. (Ord. 1308 § 5, 2000)

As provided by state law, the council, planning commission, planning director and planning department shall perform the functions of a planning agency. (Ord. 1308 § 5, 2000)

The council, in matters related to the city's planning process, shall perform the duties and functions prescribed in this title, which include the following:

• (1) Review Authority on Specified Planning Matters. Final decisions on development agreements, title amendments, general plan amendments, specific plans, zoning map amendments and other applicable policy or ordinance matters related to the city's planning process;

• (2) Appeals. The review of appeals filed from commission decisions; and

• (3) Compliance. The above listed functions shall be performed in compliance with Section 21.32.020 (Authority for land use and zoning decisions) of this title, Table 4-1 (Review Authority), the California Environmental Quality Act (CEQA), and the city's environmental review procedures.

• (Ord. 1308 § 5, 2000)

• (a) Appointment. The appointment, terms, removal and the filing of vacancies of the commissioners shall be in compliance with Section 2.76.030 of this code.

• (b) Duties and Authority. The commission shall perform the duties and functions prescribed by state law and this title, including the following:

  • (1) The review of development projects;

  • (2) The recommendation, to the council for final decisions, on development agreements, title amendments, environmental documents, general plan amendments, specific plans, zoning map amendments and other applicable policy or ordinance matters related to the city's planning process;

  • (3) The investigation and preparation of an annual report to the council regarding the status of the general plan and progress in its implementation in compliance with state law; and

  • (4) The above listed functions shall be performed in compliance with Section 21.32.020 (Authority for land use and zoning decisions), Table 4-1 (Review Authority), the California Environmental Quality Act (CEQA) and the city's environmental review procedures.

• (Ord. 1308 § 5, 2000)

• (a) Appointment. The planning director shall be appointed by the city manager in compliance with Section 2.76.101 of this code.

• (b) Duties and Authority. The director shall:

  • (1) Have the responsibility to perform all of the functions designated by state law;

  • (2) Perform the duties and functions prescribed in this title, including the review of administrative development projects, in compliance with Section 21.32.020 (Authority for land use and zoning decisions) of this title, Table 4-1 (Review Authority), state law, the California Environmental Quality Act (CEQA) and the city's environmental review procedures;

  • (3) Perform other responsibilities assigned by the council, commission and city manager;

  • (4) Delegate the responsibilities of the director to department staff under the supervision of the director; and

  • (5) Serve in an advisory capacity, in compliance with state law (Map Act Section 66415). The director is charged with the responsibility of making investigations and reports on the

design and improvement of proposed divisions of real property. (Ord. 1308 § 5, 2000)

• (a) Membership. The development and environmental review committee (DERC) shall be composed of the following city administrators:

  • (1) The director;

  • (2) Fire chief/building services manager;

  • (3) The public works director;

• (b) Authority. The development and environmental review committee (DERC) shall have the authority to:

  • (1) Review development projects for compliance with the title;

  • (2) Review development applications for completeness;

• (3) Determine the level of CEQA review (i.e., exempt, negative declaration or EIR).

• (Ord. 1308 § 5, 2000)

• (a) Membership. The minor variance committee shall be composed of the following city administrators:

  • (1) The director;

  • (2) The superintendent of building and safety; and

  • (3) The public works director.

• (b) Authority. The minor variance committee shall have the authority to review, approve or disapprove minor variances, in compliance with Chapter 21.50 (Variances) of this title. The committee may also defer action on minor variance applications and refer the item(s) to the commission for the final decision.

• (Ord. 1308 § 5, 2000)

• (a) Membership. The sign committee shall be composed of the following:

  • (1) Two commission members appointed by the commission; and

  • (2) The director.

• (b) Authority. The sign committee shall have the authority to review, approve or disapprove signs permits and master sign programs.

• (Ord. 1308 § 5, 2000)

Chapter 21.54. ENTITLEMENT IMPLEMENTATION, TIME LIMITS AND EXTENSIONS

This chapter provides requirements for the implementation or "exercising" of the entitlements identified in this title, including time limits and procedures for granting extensions of time. (Ord. 1308 § 5, 2000)

• (a) Compliance. All work performed under a building permit for which project drawings and plans have received approval by the director, commission or council shall be in substantial compliance with the approved drawings and plans, any statements (written or oral) made in support of the application, and any conditions of approval imposed by the review authority.

• (b) Changes. Changes to an approved project shall be submitted and processed in compliance with Section 21.54.060 (Changes to an approved project) of this chapter.

• (Ord. 1308 § 5, 2000)

• (a) Entitlements/Variances. A conditional use permit, development review, home occupation permit, precise plan of design, temporary use permit or variance shall become effective on the eleventh calendar day following the date the decision is rendered by the applicable review authority.

• (b) Plans/Amendments. Council actions to adopt or amend a development agreement, a specific plan, the zoning map, or this title shall become effective on the thirtieth day following the second reading by the council. An amendment to the general plan shall become effective immediately upon the council's action.

• (c) Issued on the Effective Date. Certificates and/or other entitlements shall not be issued until the effective date, provided that no appeal of the review authority's decision has been filed, in compliance with Chapter 21.60 (Appeals) of this title.

• (Ord. 1308 § 5, 2000; Ord. 1563 § 8, 2020)

• (a) Applicable Provisions. An entitlement application deemed approved in compliance with state law shall be subject to all applicable provisions of this title, which shall be satisfied by the applicant before a building permit is issued or a land use not requiring a building permit is exercised or established.

• (b) Public Hearing. The entitlement application shall be deemed approved only if the application was properly noticed in compliance with Chapters 21.32 though 21.50 and Chapter 21.58 (Public Hearings) of this title.

• (Ord. 1308 § 5, 2000)

(a) Time Limits.

• (1) To ensure continued compliance with the provisions of this chapter, each approved entitlement shall expire 12 months from the date of approval, unless otherwise specified in the entitlement, if the use has not been exercised.

• (2) Time extensions may be granted, or conditionally granted, in compliance with subsection (c) of this section.

• (3) If an entitlement has not been exercised within the established time frame, and a time extension is not granted, the provisions of subsection (c) of this section shall deem the entitlement void.

• (b) Entitlement Implementation.

  • (1) An approved entitlement shall be exercised before its expiration. The entitlement shall not be deemed exercised until the applicant has:

    • (A) Obtained and acted upon a building permit with continuous on-site construction activity including pouring of foundations, installation of utilities or other similar substantial improvements has commenced;

    • (B) Obtained a grading permit and has completed a significant amount of on-site grading, as determined by the director; or

    • (C) Diligently continued the approved construction/grading activities without stopping for more than 180 days; or

    • (D) Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.

  • (2) Project Phasing.

    • (A) Where the entitlement provides for development in two or more phases or units in sequence, the entitlement shall not be approved until the review authority has approved a phasing plan for the entire project site.

    • (B) The applicant shall not be allowed to develop a portion of the proposed development under the original approval, and then develop the remaining portion(s) in compliance with this section, without prior review authority approval.

    • (C) Subsequent phases of an approved project shall be commenced within 12 months of the exercising of the previous phase's entitlement or the entire project entitlement shall expire.

    • (D) If the application for the entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the entitlement shall be exercised before the expiration of the companion tentative map.

• (c) Extensions of Time.

  • (1) The applicant shall file a written request for an extension of time with the department at least 30 days before the expiration of the entitlement, together with the filing fee required by the city's fee resolution.

  • (2) The review authority shall determine whether the applicant has made a good faith effort to exercise the entitlement.

  • (3) The burden of proof is on the applicant to establish, with substantial evidence beyond the control of the applicant (e.g., demonstration of financial hardship, legal problems with the

closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the entitlement should be extended.

• (d) Action on Expiration/Extension.

• (1) Upon good cause shown, extensions may be approved or approved with modifications by the review authority that originally approved the entitlement, whose decisions may be appealed in compliance with Chapter 21.60 (Appeals) of this title.

  • (2) The maximum number of months that an entitlement may be extended shall not exceed a total of two additional one-year periods (for a maximum of two years total) beyond the expiration of the original approval.

• (Ord. 1308 § 5, 2000; Ord. 1602, 10/3/2023)

• (a) Application.

  • (1) A development or new land use allowed through a conditional use permit, development review, home occupation permit, precise plan of design, temporary use permit or variance shall be in substantial compliance with the approved drawings and plans, any statements (written or oral) made in support of the application and any conditions of approval imposed by the review authority, except where changes to the project are approved in compliance with this section.

  • (2) An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.

  • (3) Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the entitlement (e.g., hours of operation, expansion of a use, etc.) as originally proposed by the applicant or approved by the review authority.

  • (4) Changes shall be approved before implementation of the changes, and may be requested either before or after construction or establishment and operation of the approved use.

• (b) Public Hearing. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing on the requested change(s), and give notice, in compliance with Chapter 21.58 (Public Hearings) of this title.

• (c) Minor Changes. The director may authorize minor changes to an approved site plan, architecture or the nature of the approved use if the changes:

  • (1) Are consistent with all applicable provisions of this title and the spirit and intent of the original approval;

  • (2) Do not involve a feature of the project that was:

    • (A) A basis for findings in a negative declaration or environmental impact report for the project;

    • (B) A basis for conditions of approval for the project; or

    • (C) A specific consideration by the review authority (e.g., the director, commission or council) in the approval of the entitlement.

  • (3) Do not result in an expansion of the use.

• (d) Major Changes. Major modifications are changes to the project involving features described in subsection (c) of this section, and shall only be approved by the review authority through a new

entitlement application or modification and applicable fee, processed in compliance with this title.

• (Ord. 1308 § 5, 2000)

• (a) Resubmittals Prohibited Within 12 Months. For a period of 12 months following the approval, disapproval, revocation/modification, or approved extension of a discretionary entitlement, no application for the same or substantially similar discretionary entitlement for the same site shall be filed.

• (b) Director's Determination. The director shall determine whether the new application is for a discretionary entitlement which is the same or substantially similar to the previously approved or disapproved entitlement. the determination of the director may be appealed to the commission, in compliance with Chapter 21.60 (Appeals) of this title.

• (c) Council Wavier. The council may waive the prohibition identified in subsection (a) of this section if the council finds that by reason of changed legal, physical or sociological circumstances, reconsideration would be in the best interests of the city.

• (Ord. 1308 § 5, 2000; Ord. 1602, 10/3/2023)