Chapter 21.09 — APPLICATION PROCESSING AND COMMON PROCEDURES

A.

Procedures. This chapter establishes uniform procedures and requirements for the preparation, filing, and initial processing of land use and development permits and approvals provided for in this title, unless superseded by a specific requirement of this title or state law.

B.

Failure to Follow Requirements. Failure to follow the procedural requirements shall not invalidate city actions taken in the absence of a clear showing of intent not to comply with this zoning code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Concurrent Filing. An applicant for a development project that requires the filing of more than one application pursuant to this zoning code shall file all related applications concurrently, together with all application fees required by Section 21.09.040 (Application and Other Related Fees), unless these requirements are waived by the director.

B.

Concurrent Processing. Multiple applications for the same project shall be processed concurrently and shall be reviewed—and approved or denied—by the highest review authority designated by this zoning code for any of the applications. For example, a project for which applications for zoning map amendment and a conditional use permit are filed shall have both applications decided by the city council, instead of the planning commission being the final decision-making authority for the conditional use permit as otherwise required by Table 21.08.070-1 (Review Authority). In the example cited, the planning commission would still hear all the applications (the zoning map amendment and the conditional use permit) and forward recommendations to the city council.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Application Contents. Applications for amendments, entitlements, and other matters pertaining to this zoning code shall be filed with the department in the following manner:

1.

The application shall be made on forms furnished by the department.

2.

The necessary fees shall be paid in compliance with the city's fee resolution.

3.

The application shall be accompanied by the information identified in the department handout for the particular application. The requested information may include exhibits, maps, materials, plans, reports, and other information required by the department that describe clearly and accurately the proposed work, its potential environmental impact, and its effect on the terrain, existing improvements, and the surrounding neighborhood.

B.

Incomplete Applications. The zoning administrator may reject any application that does not supply the required information or is incomplete.

C.

Application Content. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant.

D.

Status of Application. Acceptance of the application does not constitute an indication of approval by the city nor of the application being deemed complete. If an applicant fails to provide all of the information required in the application or any additional information required in support of the application, the application will not be deemed complete.

E.

Pre-Application Conference and Concept Plan Presentation for Legislative Actions.

1.

A prospective applicant for legislative actions (such as zoning amendments, specific plans, and general plan amendments) shall request a pre-application conference with the zoning administrator or designee before completing and filing a permit application required by this zoning code, followed by a presentation of a concept plan to the city council.

2.

The purpose of a pre-application conference and concept plan presentation is generally to review the conceptual project with the city council and receive preliminary feedback to inform the project application.

3.

Neither the pre-application conference nor feedback provided by the city council on the concept plan shall be construed as either a recommendation for approval or denial of the application or project.

4.

An applicant is encouraged to perform an early-stage outreach with residents and property owners to address and, if possible, resolve any concerns that interested persons may have regarding potential impacts of proposed project on surrounding neighborhoods and properties.

5.

A pre-application conference/concept plan submittal does not establish the date for determining a preliminary application to be complete for the purposes of implementing the provisions of California Government Code Section 65589.5 (see Section 21.09.080) or Section 65913.4 (see Section 21.09.090).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Filing Fees Required.

1.

The city council shall, by resolution, establish a schedule of fees for amendments, entitlements, and other matters pertaining to this zoning code. The schedule of fees may be changed or modified only by resolution of the city

council.

2.

The city's processing fees shall be cumulative. For example, if an application for design review also involves a variance, both fees shall be charged.

3.

Processing shall not commence on an application until required fees have been paid. Without the application fee, the application shall not be deemed complete.

B.

Refunds and Withdrawals.

1.

Recognizing that filing fees are utilized to cover city costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, refunds due to a disapproval are not allowed, unless associated with an unused portion of a deposit.

2.

In the case of a withdrawal, the zoning administrator may authorize a partial refund based upon the pro-rated costs to date and determination of the status of the application at the time of withdrawal. The city council may establish a refund schedule in the city's fee resolution.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.09.050 - Eligible applicants.

A.

Owner or Authorized Agent. An application may only be filed by the owner of the subject property or a lessee or authorized agent of the property owner with the written consent of the property owner. With the zoning administrator's approval, a lessee with the exclusive right to use the property for a specified use may file an application related to that use.

B.

Signature Required. The application shall be signed by the owner of record or may be signed by the lessee or by authorized agent of the property owner if written authorization from the owner of record is filed concurrently with the application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Determination of Completeness. Within the timelines prescribed by law, the zoning administrator shall review each application for completeness and accuracy before it is accepted as being complete. The zoning administrator's determination of completeness shall be based on the community development department's list of required application contents and any additional written instructions provided to the applicant in any preliminary review and/or

during the initial application review period. The provisions of California Government Code Section 65589.5(o) shall apply until such time such section is no longer law.

1.

Notification of Applicant. As required by California Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed, in writing, 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 zoning administrator's letter, shall be provided. This requirement shall not apply to any legislative actions.

2.

Processing Schedule Upon Completeness. Upon being deemed complete, application processing shall begin and the applicant shall be sent a processing schedule with tentative dates for referrals, environmental review, and decision on the application.

3.

Submittal of Additional Information.

a.

When the zoning administrator determines that an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.

b.

The additional specified information shall be submitted in writing (preferably electronic/digital material), as required by the zoning administrator, rather than verbally.

c.

The zoning administrator's review of any information resubmitted by the applicant shall be accomplished in compliance with Paragraph 21.09.060(A)1. above, along with another thirty-day period of review for completeness for each resubmittal necessary.

4.

Application Available for Public Review. After an application has been accepted as complete, in compliance with the Freedom of Information Act, the city may, if requested, make the application available for public review.

5.

Environmental Information. Upon review of an initial application or after an application has been accepted as complete, the zoning administrator may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines.

6.

Expiration of Application. If an applicant fails to provide the additional information specified in the zoning administrator letter within ninety days following the date of the letter, the application shall expire and be deemed abandoned consistent with Section 21.09.100 (Administrative File Close-Out Program), unless an extension is

approved by the zoning administrator for good cause shown. After the expiration of an application, future city consideration shall require the submittal of a new, complete application and associated filing fees.

B.

Referral of Application. At the discretion of the zoning administrator, or where otherwise required by this zoning code or state or federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.

C.

Multi-Unit Residential and Mixed-Use Developments. Housing development projects as defined by Government Code Section 65589.5(h)(2) and housing development projects applying for approval under Government Code Section 65913.4 shall be subject to streamlining procedures outlined in Sections 21.09.080 (Housing Accountability Act Streamlined Review) and 21.9.090 (Procedures for Applications filed under Government Code Section 65913.4 (SB 35)), respectively.

D.

Wireless Communications Facilities. The review for completeness and the processing of wireless communications facilities applications shall comply with applicable Federal Communication Commission regulations.

E.

Project Review Procedures. No permit shall be issued in any case mentioned in this title until such drawings and sketches have been approved by the appropriate review authority; and all buildings, structures, and grounds shall be constructed and installed in accordance with the approved drawings and sketches.

1.

Investigation of Facts. Following receipt of a completed application, the zoning administrator shall investigate the facts necessary for action consistent with the purpose of this title.

2.

Inspection of Premises.

a.

Pre-inspections. The property owner or authorized agent shall give the zoning administrator access to the premises subject to the application to make an inspection(s) to confirm the statements contained in the application and accompanying graphic materials and to make a judgment as to its suitability for the proposed use or development.

b.

Post-inspections. Following application approval, the property owner or authorized agent shall give the zoning administrator access to the subject premises to confirm compliance with this zoning code and all conditions of permit approval.

3.

Staff Report Preparation. For those application approvals requiring a public hearing, a staff report shall be prepared describing the conclusions about the proposed land use and development as to its compliance and consistency with

the provisions of the zoning code, other applicable provisions of the Municipal Code, and the actions, goals, objectives, and policies of the general plan.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

CEQA Review. Within thirty days of acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine whether:

1.

The proposed project is not a "project" as defined by CEQA;

2.

The proposed project is exempt from the requirements of CEQA;

3.

A negative declaration or mitigated negative declaration may be issued; or

4.

An Environmental Impact Report (EIR) and related documents shall be required.

B.

Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and the city's CEQA guidelines.

C.

Special Studies Required. One or more special studies, paid for in advance by the applicant, may be required to complete the city's CEQA compliance review. These studies shall become public documents and neither the applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents' availability to the public.

D.

Review Authority. The review authority of any required CEQA document shall be the same as the review authority for the applicable permit or action, except:

1.

The review authority may defer action and refer the request to the next higher review authority for the final decision, in which case the next higher review authority shall act on both the request and the CEQA document; and

2.

The development review committee shall defer action to the planning commission on projects that are subject to CEQA and no statutory or categorical exemptions apply.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.09.080 - Housing Accountability Act streamlined review.

A.

Applicability. This section applies to housing development projects as defined by Government Code Section 65589.5(h)(2).

B.

Conflicting provisions. This section provides additional procedures that shall be followed for applicable projects. If conflicts occur between other procedures in Title 21 and the procedures of this section, this section shall control. Terms defined in Government Code Section 65589.5 shall apply to this section and shall control in the event of a conflict between definitions in this section and definitions in Government Code Section 65589.5.

C.

Application Filing.

1.

Preliminary Application Filing (Optional). An applicant may file a preliminary application consistent with Government Code Section 65941.1.

a.

A preliminary application shall be filed on a form provided by the city with the required fee. If the city has not prepared a form, a preliminary application shall be filed on the standardized form adopted by the California Department of Housing and Community Development.

b.

Within one hundred eighty calendar days after submitting a preliminary application, an applicant shall submit a full application for the housing development.

2.

Full Application. An applicant may file a full application for a housing development without filing a preliminary application. The full application shall be filed on a form provided by the city with the required fee.

D.

Completeness Review.

1.

Preliminary Application. If a preliminary application is filed, the preliminary application shall be deemed complete when the preliminary application containing all of the information listed in the preliminary application form is submitted. If all listed information is not provided, the city shall request the missing information from the applicant.

2.

Full Application.

a.

Once a full application is submitted, the city shall inform the applicant in writing within thirty calendar days of submittal or resubmittal that the application is complete or incomplete and the additional information required consistent with Government Code Section 65943. Only information requested in the city's application forms can be requested. If the city does not provide written notification within this time frame, the application shall be deemed complete. The city shall review each resubmittal within the thirty-day period and cannot request information that was not listed in the first incompleteness letter.

b.

If an applicant receives written notification that the application is incomplete, and a preliminary application was submitted for the housing development, the applicant shall submit the information needed to complete the application within one hundred eighty calendar days of receiving the written notification of incompleteness. If the applicant does not submit this information within this time frame, the preliminary application shall expire and have no further force or effect.

c.

If a second determination of incompleteness is provided, the applicant shall be able to appeal the decision to the city council. The city shall make a decision on the appeal no later than sixty calendar days after receipt of the applicant's written appeal. The initial appeal may be to the planning commission, but in that case the city council shall still make a decision within sixty days. If the decision on the appeal is not made within this time frame, the application shall be deemed complete.

E.

Compliance Review.

1.

Scope of Review.

a.

Housing Development with a Preliminary Application Submittal. A housing development for which a preliminary application was submitted shall only be subject to the ordinances, policies, and standards adopted and in effect when the preliminary application is submitted, except in the following circumstances:

i.

A fee, charge, or other monetary exaction increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or monetary exaction.

ii.

A preponderance of the evidence in the record establishes that subjecting the housing development to an ordinance, policy, or standard beyond those in effect when the preliminary application was submitted is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.

iii.

Subjecting the housing development to an ordinance, policy, standard, or any other measure, beyond those in effect when the preliminary application was submitted is necessary to avoid or substantially lessen an impact consistent

with CEQA.

iv.

The housing development has not commenced construction within 2.5 years following the date of the housing development's final approval (as defined in Government Code Section 65589.5(o)(1)(D)).

v.

The number of residential units or square footage of construction proposed changes by twenty percent or more, exclusive of any increase resulting from a density bonus, incentive, concession, waiver, or similar provision.

b.

Housing Development without a Preliminary Application Submittal. A housing development shall be subject to objective standards in effect when the application was deemed complete.

2.

Review Time Frames.

a.

Applications for a housing development containing one hundred fifty or fewer units shall be reviewed for compliance with applicable objective standards within thirty calendar days of being deemed complete.

b.

Applications for a housing development containing more than one hundred fifty units shall be reviewed for compliance with applicable objective standards within sixty calendar days of being deemed complete.

3.

Compliance Determination.

a.

The city shall identify the specific standard(s) that the project does not comply with and provide an explanation of the reason(s) why the housing development is considered to be inconsistent or non-compliant with identified provisions and shall provide the written determination to the applicant.

b.

A housing development is considered in compliance with Chapter 21.50 (Objective Design Standards for Mixed Use and Multi-Family Developments), and shall not require a zoning map amendment, if the housing development complies with objective general plan standards but the zoning for the housing development site is inconsistent with the general plan.

4.

Limited Hearings/Meetings. If a housing development complies with applicable objective standards, the city shall not conduct more than five public hearings (including continuances), workshops, or similar meetings after the full application is complete in connection with the approval of the housing development consistent with Government Code Section 65905.5. Meetings required by CEQA are exempt from the limit.

F.

Findings and Decision.

1.

Findings.

a.

If the proposed housing development complies with applicable objective general plan, zoning, and subdivision standards and criteria, including design review standards, the city may only deny the housing development or conditionally approve the housing development at a lower density if the city makes written findings supported by a preponderance of the evidence in the record that:

i.

The housing development would have a specific, adverse impact upon the public health or safety unless the housing development is denied or conditionally approved at a lower density. A "specific, adverse impact" means a "significant, quantifiable, direct, and unavoidable impact, based on identified written public health or safety standards, policies, or conditions as they existed on the date that the project was deemed complete"; and

ii.

There is no feasible method to satisfactorily mitigate or avoid the adverse impact other than the denial of the housing development or conditional approval of the housing development at a lower density.

b.

If the housing development includes twenty percent of units affordable to very low- or low-income households, one hundred percent of units affordable to moderate- or middle-income households, an emergency shelter, or farmworker housing as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code, the city shall approve the housing development unless the city makes written findings supported by a preponderance of the evidence in the record, as to at least one of the findings in Government Code Section 65589.5(d).

2.

Decision Time Frames. The city shall approve or deny the housing development within the following applicable period:

a.

Ninety days from environmental impact report certification;

b.

Sixty days from environmental impact report certification for an affordable housing development consistent with Government Code Section 65950(a)(3);

c.

Sixty days from adoption of a negative declaration; or

d.

Sixty days from determination of CEQA exemption.

G.

Post-Decision Procedures. Post-decision procedures for the required permit (full application) shall be followed provided those procedures do not conflict with applicable Government Code sections for housing developments (for example, Housing Accountability Act, Government Code Section 65589.5).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.09.090 - Procedures for applications filed under California Government Code Section 65913.4 (SB 35).

A.

Applicability.

1.

This section applies to housing development projects applying for approval under California Government Code Section 65913.4.

2.

This section shall remain in effect for the same period as Senate Bill 35 provisions contained in California Government Code Section 65913.4. Unless Senate Bill 35 provisions are extended by the State Legislature, this section shall remain in effect only until January 1, 2026, and as of that date is repealed.

3.

The California Environmental Quality Act (CEQA) does not apply to projects eligible under California Government Code Section 65913.4.

B.

Definitions. Terms defined in California Government Code Section 65913.4 shall apply to this section and shall control in the event of a conflict between definitions in this Section and definitions in California Government Code Section 65913.4.

C.

Application Filing.

1.

Preliminary Application Filing. An applicant shall file a notice of intent to submit an application in conformance with this section in the form of a preliminary application consistent with California Government Code Section 65941.1.

a.

Form. A preliminary application shall be filed on a form provided by the city with the required fee. If the city has not prepared a form, a preliminary application shall be filed on the standardized form adopted by the California Department of Housing and Community Development.

b.

Timeline. Within one hundred eighty calendar days after submitting a preliminary application, an applicant shall submit a full application, provided scoping consultation has concluded consistent with Paragraph 21.09.090(C)2. (Scoping

Consultation).

2.

Scoping Consultation.

a.

Upon receipt of the preliminary application, the city shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that should be noticed. The city shall provide a formal notice of the applicant's intent to submit a full application to each required California Native American tribe within thirty days of preliminary application submittal. The formal notice shall be consistent with California Government Code Section 65913.4(b).

b.

If, within thirty days of receipt of the formal notice, any California Native American tribe that was formally noticed accepts the invitation to engage in scoping consultation, the city shall commence scoping consultation within thirty days of receiving that response.

c.

Scoping consultation shall be conducted consistent with California Government Code Section 65913.4(b). If, after scoping consultation is concluded, a development is not eligible for streamlining in accordance with this section, the city shall provide written documentation as required by California Government Code Section 65913.4(b) to the applicant and any California Native American tribe that is a party to that scoping consultation.

3.

Full Application. If the development remains eligible to apply under this section after scoping consultation consistent with California Government Code Section 65913.4(b) has concluded, an applicant may file a full application on a form provided by the city with the required fee.

D.

Completeness Review. The city shall review an application for compliance consistent with Subsection E. below (Compliance Review); there shall be no separate or additional time frame for completeness review. Only the items necessary to determine compliance with the provisions contained in California Government Code Section 65913.4(a) shall be required.

E.

Compliance Review.

1.

Scope of Review. The review authority's scope of review is limited to all of the provisions contained in California Government Code Section 65913.4(a) and the objective standards in effect at the time of preliminary application submittal.

2.

Review Time Frames and Review Authority.

a.

Consistency Review. The zoning administrator shall determine if the application complies with all of the provisions contained in California Government Code Section 65913.4(a) and applicable objective standards within the following time frames:

i.

Within sixty calendar days of application submittal for applications that include one hundred fifty or fewer housing units.

ii.

Within ninety calendar days of application submittal for applications that include one hundred fifty-one or more housing units.

b.

Design Review or Public Oversight. Any design review or public oversight (for example, design review committee and/or planning commission review) to determine if the application complies with all of the provisions contained in California Government Code Section 65913.4(a) and applicable objective standards shall occur within the following time frames:

i.

Within ninety calendar days of application submittal for applications that include one hundred fifty or fewer housing units.

ii.

Within one hundred eighty calendar days of application submittal for applications that include one hundred fifty-one or more housing units.

3.

Compliance Determination.

a.

Compliant Application. If the application complies with all of the provisions contained in California Government Code Section 65913.4(a) and all applicable objective standards, the city shall complete any design review or public oversight and any subdivision approval within the time frames listed in this Subsection E. (Compliance Review). Only objective design and subdivision standards may be applied. See Subsection F. below (Decision on Project).

b.

Non-Compliant Application. If the application does not comply with all of the provisions contained in California Government Code Section 65913.4(a) and all applicable objective standards, the review authority shall make the following determination:

i.

If the application does not comply with all of the provisions contained in California Government Code Section 65913.4(a) and all applicable objective standards, the review authority shall provide the applicant with written documentation of which standards the development conflicts with and an explanation of the reasons the development conflicts with each standard.

ii.

Resubmitted Application. If the project was found to be non-compliant, the applicant may resubmit the application for Senate Bill 35 streamlining, and the city shall review it for compliance with all of the provisions contained in California Government Code Section 65913.4(a) and all applicable objective standards subject to the same timelines in this section.

iii.

Project Ineligible. If the project is ineligible for Senate Bill 35 streamlined processing, the applicant may elect to submit an application for the applicable discretionary approval.

F.

Decision on Project.

1.

Project Approval and Findings. The review authority shall approve the application if the review authority finds that the proposed development is compliant with all of the provisions contained in California Government Code Section 65913.4(a) and all applicable objective standards, including objective subdivision standards.

2.

Conditions of Approval. The review authority may impose conditions of approval provided those conditions of approval are objective and broadly applicable to development within the city.

G.

Post-Decision Procedures.

1.

Subsequent Permits. Any necessary subsequent permits shall be issued on a ministerial basis subject to applicable objective standards. If a public improvement is necessary to implement a development subject to this section, and that public improvement is located on land owned by the city, the review authority shall process any approvals needed as required by California Government Code Section 65913.4(h)(3).

2.

Post-Approval Amendment.

a.

Post-Approval Amendment Request. An applicant may request an amendment to an approved development if that request is made prior to the issuance of the final building permit.

b.

Applicability of Objective Standards to Project Changes. The review authority shall only apply objective standards in effect when the original application was submitted, except that objective standards adopted after the date of original submittal may be applied in any of the following instances:

i.

The total number of residential units or total square footage of construction changes by fifteen percent or more; or

ii.

The total number of residential units or total square footage of construction changes by five percent or more, and it is necessary to subject the development to an objective standard beyond those in effect when the application was submitted in order to mitigate or avoid a specific adverse impact upon public health of safety, for which there is no feasible alternative method to satisfactorily mitigate or avoid.

c.

Post-Approval Project Change Review Timeframe and Decision. The review authority shall determine if the project change is consistent with objective standards and issue a decision on the applicant's project change request within sixty days after submittal unless design review is required, in which case a decision shall be made within ninety days.

3.

Expiration. An application approved consistent with this section shall remain valid for three years; however, an application approval shall not expire if the development includes public investment in housing affordability, beyond tax credits, where fifty percent of the units are affordable to households making at or below eighty percent of the area median income consistent with California Government Code Section 65913.4(f).

4.

Extension. At the discretion of the review authority, a twelve-month extension may be granted consistent with California Government Code Section 65913.4(f)(3).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Timeframe. Any development application that has been found to be inactive (defined as no written correspondence or plan submittal) for a time period of ninety days or more will be subject to the administrative file close-out program.

1.

Notification will be sent to an applicant on an incomplete application stating that they have fourteen days to notify the planning division in writing as to their intentions to proceed.

2.

Notification will be via certified mail.

B.

Action. If no written response is received in that fourteen-day time frame, the application will be "deemed abandoned" and the file will be closed. If written response is received in the fourteen-day time frame, it will be to the discretion of the zoning administrator to keep the file active.

C.

Refund. Any refund of fees shall be in accordance with the amount of administrative time and costs expended on the individual application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.10 - AMENDMENTS TO THE GENERAL PLAN, ZONING CODE, AND ZONING MAP