Ione Municipal Code § 17.08.050 Decision-making authority

All applications for land use and development permits and actions pertaining to this title shall be submitted to the city planning department on a city application form, together with all fees, plans, maps, and any other information required by the city planning department. Every application for a land use or development permit shall include a completed application form designated for the particular request, applicant signature(s), agent authorization as appropriate, and processing fee(s) established by city council resolution. Additionally, each application requires the submittal of particular maps, plans, and other data about the project development, project site and vicinity deemed necessary by the city planner to provide the decision-making authority with adequate information on which to base decisions. Each permit application form lists the necessary submittal materials for that particular type of permit.

(Ord. No. 528, 2-15-2022)

A. Application completeness. Within 30 days of application submittal to the city planning department, the city planner shall determine whether or not the application is complete. The city planner shall notify the applicant of the determination either that:

1. All the submittal requirements have been satisfied and that the application has been accepted as complete; or

2. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements.

B. Notwithstanding paragraph A, in order to expedite the determination of completeness for ministerial permits and actions issued by the city planner, zoning code interpretation and plan check applications shall be deemed complete within ten working days unless the applicant is otherwise notified in writing within that time period of additional information necessary to complete the application.

C. Application completeness without notification. If the written determination is not made within 30 days after receipt of the application and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter.

D. Resubmittal. Upon receipt and resubmittal of any incomplete application, a new 30-day period shall begin during which the city planner shall determine the completeness of the application. Application completeness shall be determined and noticed as specific in Subsection A. (Application completeness).

E. Incomplete application. If additional information or submittals are required and the application is not made complete within six months of the completeness determination letter, the application shall be deemed by the city to have been withdrawn, and no action will be taken on the application. Unexpended fees, as determined by the city planner, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials must then be filed in compliance with this article.

F. Right to appeal. The applicant may appeal the determination in accordance with Section 17.08.060 (Appeals) and the Permit Streamlining Act (California Government Code Section 65943).

(Ord. No. 528, 2-15-2022)

After acceptance of a complete application, the city planner will review the project for consistency with the Zoning Code, General Plan, and all applicable planning requirements and will consult with other departments as appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans. If the project is requesting a discretionary permit, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). The city planner will prepare a report (the staff report) to the decision-making authority (planning commission and/or city council) describing the project, along with a recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant and property owner at the same time as it is provided to the decision-making authority prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is due.

(Ord. No. 528, 2-15-2022)

A. Public hearing required. The following procedures shall govern the notice and public hearing, where required, for consideration of a permit. In accordance with planning and zoning law, the Subdivision Map Act, and the California Environmental Quality Act, public hearings shall be required for all quasi-judicial permits (e.g., variance, conditional use permit, site plan review) and legislative actions of the city (e.g., specific plans, planned developments, zoning amendments, and general plan amendments). The hearing(s) shall be held before the decision-making authority as identified in this title.

B. Notice of hearing. Pursuant to California Government Code Section 65091, not less than ten days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, a general explanation of the matter to be considered, and a general description of the real property (text or diagram), if any, which is the subject of the hearing.

1. Notice of the public hearing shall be published in at least one newspaper of general circulation in the city.

2. Except as otherwise provided herein, 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 that last known name and address of such owners as shown upon the current tax assessors records. If the number of owners exceeds 1,000, the city may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth page in one newspaper of general circulation within the city.

3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project.

4. Notice of the public hearing shall be provided to each local agency expected to provide water, sewage, streets, roads, schools, or other essential functions or services to the project whose ability to provide those facilities and services may be significantly affected.

5. Notice of the public hearing shall be posted at city hall and in at least two other public places within the boundaries of the city, including one place in the area directly affected by the proceeding.

C. Requests for notification. Any person who requests to be on a mailing list for notice of hearing for a development project or 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.

D. Failure to receive notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a decision-making authority for which the notice was given.

E. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The decision-making authority shall conduct the public hearing and hear testimony. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed.

(Ord. No. 528, 2-15-2022)

The decision-making authority as designated in Table 17.08.050-1 (Decision-making authority) shall approve, conditionally approve, or deny the proposed land use or development permit in accordance with the requirements of this title. When a proposed project requires more than one permit with more than one decision-making authority, all project permits shall be processed concurrently and final action shall be taken by the highest level decision-making authority for all such requested permits. In acting on a permit, the decision-making authority shall make the applicable findings as established in Chapter 17.10, Permit requirements, and as may be required by other laws and regulations. An action of the decision-making authority may be appealed pursuant to procedures set forth in Section 17.08.060, Appeals.

Table 17.08.050-1 Decision-Making Authority

Notes:

1. All listed actions are subject to appeal pursuant to Section 17.08.060.

2. May be referred to Planning Commission for ministerial review by the City Planner.

(Ord. No. 528, 2-15-2022)

A. Purpose. This section identifies the procedures for filing and processing an appeal consistent with California Government Code Section 65900 et. seq. The appeal provisions of this section shall govern appeals of all planning and zoning matters, and other entitlement procedures in this title.

B. Appeal applicability and authority. Any person dissatisfied with a determination or action of the city planner or planning commission made pursuant to this article, may appeal such action to the designated appeal authority listed in Table 17.08.060-1 (Appeal authority) below, within ten days from the date of the action. Actions by the city council are final and no further administrative appeals are available.

Table 17.08.060-1: Appeal Authority

C. Filing an appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within ten days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by city council resolution, and submitted to the city clerk. The filing of an appeal shall stay the issuance of any necessary subsequent permit(s) associated with any right or entitlement that will be subject of the appeal (e.g., building permits).

D. Notice and schedule of appeal hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within 45 days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 17.08.040, Public notices.

E. Appeal hearing and action. Each appeal shall be considered a de novo (new) hearing and the appeal authority may reverse, modify, or affirm the decision in whole or in part. 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 such conditions as it deems necessary. The appeal authority may also refer the matter back to the original decision-making authority for further action. The action of the appeal authority is final on the date of decision and, unless expressly provided by the chapter, may not be further appealed. A person may seek judicial review of a final decision of the city in accordance with applicable sections of the California Government Code or Code of Civil Procedures.

(Ord. No. 528, 2-15-2022)

Generally, the action to approve, conditionally approve, or deny a permit or entitlement authorized by this title shall be effective on the 11th day after the date of action, immediately following expiration of the ten-day appeal period. Legislative actions by the city council (zoning amendment, general plan amendment, specific plans, development agreements) become effective 30 days from the date of final action and may not be appealed. In accordance with Section 17.12.030 (Rules of interpretation), where the last of the specified number of days falls on a weekend or city holiday, the time limit of the appeal shall extend to the end of the next working day. Permit(s) shall not be issued until the effective date of required permit.

No application for a variance, conditional use permit, or zoning map amendment which has been denied shall be considered by the decision-making authority within one year from the date of the action to deny, except on the grounds of new evidence of proof of changed conditions found by the planning commission.

(Ord. No. 528, 2-15-2022)

Unless otherwise conditioned, land use and development permits and approvals granted pursuant to the provisions of this chapter 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 the project is not modified or enlarged/expanded.

(Ord. No. 528, 2-15-2022)

A. Time limits conditioned. As part of the conditions of approval, the decision-making authority may establish a time limit for the exercising of an entitlement. In the case of tentative maps, the time limits shall be as provided by state law.

B. Exercising permits. The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s). Such exercise of a permit constitutes the vested right to complete the work authorized by the permit. A permit may be otherwise exercised by a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Unless otherwise provided, permits that have not been exercised prior to a zoning amendment, which would make the permitted use or structure nonconforming, shall automatically be deemed invalid on the effective date of the zoning amendment.

C. Permit extensions. The same decision-making authority that granted the original permit may extend the period within which the exercise of a permit must occur. An application for extension shall be filed not less than 30 days prior to the expiration date of the permit, along with appropriate fees and necessary submittal materials listed in this title. The approval of an extension extends the expiration date for one year from the original permit date. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved. The extension may be granted only when the decision-making authority finds that the original permit findings can be made and that there are changed circumstances or that there has been diligent pursuit to exercise the permit that warrants such extension.

(Ord. No. 528, 2-15-2022)

Any person holding a permit granted under this title may request a modification or amendment to that permit. For the purpose of this section, the modification of a permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit.

If the city planner determines that a proposed project action is not in substantial conformance with the original approval, the city planner shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same decision-making authority as the original permit. A permit modification may be granted only when the decision-making authority makes all findings required for the original approval, and the additional finding that there are changed circumstances sufficient to justify the modification of the approval.

(Ord. No. 528, 2-15-2022)

A. Purpose. The purpose of this section is to provide for the revocation of any permit or entitlement (e.g., variance, conditional use permit) granted under this title.

B. Grounds for revocation. In the event a permit holder or the permit holder's successor in interest, fails to comply with any or all conditions of entitlement approval, the city council, planning commission, or city planner, may institute a revocation proceeding if it is determined that there is substantial likelihood that any of the following situations exist:

1. The permit was obtained or extended by false, misleading, or incomplete information;

2. One or more conditions of approval have not been implemented or have been violated; or

3. The activities, or the use itself, are substantially different from what was approved.

C. Initiation of action. The revocation of a permit may be initiated by any of the city's designated planning agencies as identified in Section 17.06.020 (Composition of the city planning agency). The designated planning agency shall specify in writing to the permittee the basis upon which the action to revoke the permit is to be evaluated during the hearing to revoke.

D. Revocation hearing.

1. A public hearing is required for any action to revoke a permit. The hearing shall be held by the original decision-making authority for the subject permit. The hearing shall be noticed in the same manner required for the granting of the original permit pursuant to Section 17.08.040 (Public notices).

2. In its discretion, the decision-making authority may modify or delete the conditions of approval or add new conditions of approval in lieu of revoking a permit in order to address the issues raised by the revocation hearing. The action on the revocation is subject to appeal in accordance with the provisions of Section 17.08.060 (Appeals).

E. Permit issued in error. Any approval or permit issued in error may be revoked by the decision-making authority upon written notice to the permit holder of the reason for the revocation.

(Ord. No. 528, 2-15-2022)