§ 17.60

This Chapter provides procedures and requirements for the preparation, filing, and processing of applications for the land use permits required by this Zoning Code.

Table 6-1 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of application, land use permit, and other approvals required by this Zoning Code.

A.

When a single project incorporates different land uses or features so that this Zoning Code requires multiple land use permit applications, the Director may determine that all of the applications shall be filed concurrently, and reviewed, and approved or disapproved, by the highest level review authority assigned by Table 6-1 to any of the required applications. (For example, a project that requires a Zoning Map amendment and a Conditional Use Permit may be reviewed, and approved or disapproved by the Council (after a recommendation from the Commission), where a Conditional Use Permit application by itself may be reviewed and acted upon by the Hearing Officer.)

B.

The Director may authorize use of a single application form and submittal materials for multiple land use applications required by this Zoning Code.

(Ord. No. 7443, § 4, 3-3-2025; Ord. No. 7435, § 19, 10-28-2024; Ord. No. 7419, § 4, 2-26-2024; Ord. No. 7414, § 10, 9- 11-2023; Ord. 7343 § 3, 4-8-2019; Ord. 7333 § 4 (Exh. 3), 10-15-2018; Ord. 7210 § 9 (Exh. 1), 2011; Ord. 7164 § 11 (Exh. 10), 2009; Ord. 7163 § 4 (Exh. 1), 2009; Ord. 7160 § 51, 2009; Ord. 7139 § 7 (Exh. 1), 2008; Ord. 7099 § 38 (Exh. 24), 2007; Ord. 7078 § 8 (Exh. 2), 2006; 7064, § 5 (Exh. 1), 2006; Ord. 7057 (Exh. 4), 2006; Ord. 7022 § 2 (part), 2005)

The preparation and filing of applications for land use permits, amendments (e.g., General Plan and Zoning Map), and other matters pertaining to this Zoning Code shall comply with the following requirements.

A.

Standard procedures. The standard procedures contained in this Section apply to all applications for discretionary permits required under this Zoning Code and under Municipal Code Title 16 (Subdivision Ordinance).

B.

Compliance with procedures. All permits shall be processed in compliance with the standard procedure, except as otherwise provided by this Zoning Code, or State or Federal law.

C.

Predevelopment plan review.

1.

Purpose. The purposes of a predevelopment plan review are to:

a.

Achieve better projects through early consultation between City staff and applicants;

b.

Coordinate reviews of projects among City staff and City departments;

c.

Familiarize applicants for the projects with the regulations and procedures that apply to the projects;

d.

Avoid significant investment in the design of a project without preliminary - directions from City staff;

e.

Identify issues that may arise during review of the projects (e.g., conformance with any applicable design guidelines, conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan, environmental requirements and possible recommended mitigation measures, possible recommended conditions of approval, requirements for public improvements, and possible concerns from adjoining neighborhoods);

f.

Provide opportunities for discussion about the projects and an exchange of information on potential issues between City staff and the applicants for the projects; and

g.

Inform the Council and the public of proposed development projects defined in the administrative guidelines to be of communitywide significance, by presenting the predevelopment plan review report at a Council meeting. This presentation shall only be for the purpose of informing the Council and the public of a proposed project, and not for the purpose of discussing the merits of the proposed project.

2.

Applicability.

a.

Mandatory review. A predevelopment plan review shall be required for projects subject to one or more of the following approvals:

1)

Master Plans or amendments to Master Plans;

2)

Multi-family projects consisting of ten or more dwelling units;

3)

New residential structures in the Hillside Development (HD) overlay districts that are located on lots with an average slope greater than 15 percent, and require a Hillside Development Permit in compliance with Section 17.61.050;

4)

Projects involving new construction of more than 25,000 square feet of nonresidential gross floor area;

Projects that are located within the boundaries of a specific plan, if the review is required by the Director;

6)

Projects that are defined in the administrative guidelines to be of communitywide significance;

7)

Street vacations;

Subdivisions of land into five or more lots;

9)

Subdivisions of land in the Hillside Development (HD) overlay districts and

10)

Projects utilizing the Affordable Housing Units on Religious Facility sites regulations in compliance with Section 17.50.230.F.

b.

Optional review. The preapplication conference shall be conducted if requested by an applicant for a project that would require a discretionary land use entitlement or a Zoning Map amendment.

3.

Procedures.

a.

Scheduling. A predevelopment plan review shall be conducted before deeming an application complete, in compliance with Section 17.60.060 (Initial Application Review), below. However, the Director may authorize subsequent phases of a predevelopment plan review to be conducted after the application is deemed complete.

b.

Meeting. The predevelopment plan review shall be conducted at a meeting in which the applicant for a project is invited and the applicable/responsible City department staff is in attendance.

c.

Applicable/responsible staff. The City Manager, or designee, shall determine which City departments shall participate. The Director shall designate the staff person(s) to be responsible for scheduling and conducting the predevelopment plan review.

d.

Disclaimer. Neither the predevelopment plan review nor information or pertinent policies provided by the City Departments shall be construed as a City recommendation for approval or disapproval of the application/project.

e.

Written report. A written report containing the results of the predevelopment plan review and the staff comments on the project shall be provided to the applicant. For projects that are defined in the administrative guidelines to be of

communitywide significance, the written report shall also be presented to the Council.

4.

Administrative guidelines. The City Manager, or designee, shall issue administrative guidelines for implementation of the predevelopment plan review process.

D.

Application contents and fee. The Director shall establish in writing the submittal requirements for permit applications required by this Zoning Code. All applications shall include the following submittal materials, as well as any additional materials identified by the Director:

1.

A signed application form;

2.

The application fee, if required, in compliance with the Council's Fee Resolution;

3.

A completed environmental assessment form if the project is subject to the California Environmental Quality Act (CEQA), unless the form has been submitted with a previous application for the project; and

4.

Where the application requires mailed a public notice in compliance with Chapter 17.76 (Public Hearings), a map showing the location and street address of the project and all lots within the required notice-mailing radius for the permit, and a mailing list, keyed to the map, containing the names and addresses of the record owners of each lot, as shown on the County's latest equalized property tax assessment roll, in compliance with Chapter 17.76 (Public Hearings).

E.

Eligibility, filing. All land use permit and other applications required by this Zoning Code shall be filed with the Department. Applications may be made by:

1.

The owner of the subject property; or

2.

Any authorized agent or representative, with the written consent of the property owner.

F.

Filing date. The filing date of an application shall be the date on which the Department receives the last submission, map, plan, or other material required as a part of that application by Subsection A., in compliance with Section 17.60.060 (Initial Application Review) and deemed complete by the Director.

G.

Revised materials. Whenever an applicant desires/needs to file revised materials, the materials shall be submitted at least 10 days before a public hearing on the application. However, the Director may choose to accept revised materials after that time, upon determining that there is sufficient time to review them before the hearing date. In addition, the

applicable review authority may continue an application until the next available meeting date in order to adequately evaluate materials received after the date of receipt of the application package.

(Ord. No. 7402, § 2, 9-19-2022; Ord. 7160 § 52, 2009)

A.

Filing fees required.

1.

The Council, by resolution, shall adopt a schedule of fees and charges for the various applications, approvals, extensions, filings, inspections, licenses, permits, reviews, services, and other actions required or provided for under this Zoning Code or required by State or Federal law or regulation and pertaining to any action specified in this Zoning Code. This schedule of fees and charges shall be referred to in this Zoning Code as the Council's Fee Resolution.

2.

These fees and charges shall not exceed the reasonable estimated costs of the City expended in filing, performing the inspection, processing the application, providing the service, or undertaking the action or review required or provided by this Zoning Code.

3.

The schedule of fees may be changed from time to time only by resolution of the Council.

4.

City action shall not be taken with regard to any application, approval, extension, filing, inspection, license, permit, review, service, or other action until payment of the applicable fee or charge is made to the City.

5.

Initial processing shall not commence on an application until all required fees/deposits have been paid. Without the application fee, or a deposit if appropriate, the application shall not be deemed complete.

6.

The City is not required to continue processing any application unless additionally required fees/deposits (e.g., additionally required "real cost" deposits) are paid in full.

7.

Failure to pay the applicable fees/deposits is grounds for disapproval of the application.

B.

Refunds and withdrawals.

1.

Recognizing thatfiling fees are utilized to cover City costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds due to a disapproval are allowed.

In the case of a withdrawal, the Director may authorize a partial refund based upon the prorated costs to date and determination of the status of the application at the time of withdrawal.

All applications filed with the Department in compliance with this Zoning Code shall be initially processed as follows.

A.

Completeness review. The Director shall review all applications for completeness and accuracy before they are accepted as being complete in compliance with Section 17.60.040.B (Application contents and fees) above.

1.

Notification of applicant. The applicant shall be informed in writing within 30 days of submittal either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided. All additional information needed shall be identified in the letter providing notice of an incomplete application.

2.

Appeal of determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete or that the information requested by the Director is not required, the applicant may appeal the determination in compliance with Chapter 17.72 (Appeals).

3.

Environmental information. The Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 17.60.070 (Environmental Assessment), below.

4.

Expiration of application. If the applicant does not provide the additional information required in compliance with Subsection A.1, above, within 120 days after the date of the letter requesting the additional information, the Director may consider the application withdrawn if the Director determines that reasonable progress toward completion of the application has not occurred. Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials that are required for any project on the same site.

5.

Criteria for acceptance. An application shall not be accepted as complete unless or until the Director determines that it is:

a.

In compliance with zoning district requirements applicable to the site, except for a Zoning Map Amendment, Variance, or prezoning filed in compliance with Chapter 17.74 (Amendments); and

b.

Includes all information and materials required by Section 17.60.040.B (Application contents and fees).

6.

Violations on the site.

a.

The Director shall not find the application complete, and shall not process or approve the application, if conditions exist on the site in violation of this Zoning Code or any permit or other approval granted in compliance with this Zoning Code, except for an application for a permit or entitlement, if any, needed to correct the violation.

b.

The Director's authority under this Subsection shall apply whether:

(1)

The current applicant was the owner of the subject property at the time the violation occurred; or

(2)

The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.

c.

The Director's decision may be appealed in compliance with Chapter 17.72 (Appeals).

B.

Referral of application. At the discretion of the Director, or where otherwise required by this Zoning Code, State, or Federal law, any application filed in compliance with this Zoning Code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) and the City's Environmental Policy Guidelines. In addition to the elected City Council, any nonelected City Body, Official, Agency, Board, Commission, Department Official, Director, or employee ("City Bodies") who has the authority under the City's Charter, Municipal Code, Ordinance, Resolution, or State law to approve a discretionary action for a project shall have the authority to approve, certify, or deny approval, or deny certification of any CEQA Document related to the discretionary action. City Bodies include but are not limited to the Planning Commission, Design Commission, Historic Preservation Commission, Board of Zoning Appeals, Hearing Officer, Zoning Administrator, Director of Planning and Community Development and his/her designees, and the City Manager and his/her designees. For purposes of this section, "CEQA Documents" include, but are not limited to, any documents prepared pursuant to CEQA, or documents which are required to be acted upon concurrently with CEQA, such as (A) Environmental Impact Reports, (B) Negative Declarations or Mitigated Negative Declarations, (C) determinations that a project is exempt from CEQA pursuant to Statutory or Categorical Exemptions, (D) and all variations thereto, including, but not limited to, Subsequent and Supplemental environmental documents, Addenda, Master EIRs, Focused EIRs, joint CEQA and NEPA documents, (E) Water Supply Assessments prepared pursuant to Water Code Section 10910 et seq., (F) CEQA Findings, (G) CEQA Statements of Overriding Considerations, and (H) CEQA Mitigation Monitoring and Reporting Programs.

(Ord. No. 7250, § 8, 11-17-2014)

A.

Mandatory requirement. When a second-story portion of a residential (RS or RM-12) project requires a variance (such as, height, encroachment plane, floor area requirement or setbacks), the applicant shall be required to construct a temporary silhouette that depicts the proposed project.

B.

Optional requirement. When a land use permit has been applied for, the Director or Zoning Administrator may require the applicant to construct a temporary silhouette that depicts the proposed project.

C.

Silhouette standards.

1.

The temporary silhouette shall consist of wood posts or other rigid materials at all corners of the structure and at either end of the proposed ridgelines, with a taut rope marked by triangular flagging connecting the posts.

2.

The top one foot of the posts shall be painted red or orange to demarcate the height of the proposed structure.

3.

The temporary silhouette shall be constructed at least 14 days prior to the public hearing and remain in place throughout the required noticing period and the appeal period. The Zoning Administrator or the Director may require the silhouette to be constructed more than 14 days before the hearing. The applicant shall not construct the temporary silhouette until instructed to do so.

4.

The Zoning Administrator or the Director may modify these standards as needed.

D.

Waiver. The applicant shall submit an application to the City which absolves the City of any liability associated with construction or damage by the temporary silhouette.

E.

Certification. The applicant shall submit to the City an affidavit verifying that the silhouette was constructed on the site in a timely manner and in compliance with this Section.

F.

Removal. The silhouette shall be removed within 10 days after the decision has become effective.

(Ord. 7211 § 4, 2011)

Chapter 17.61 - Permit Approval or Disapproval