§ 18.11

It is the purpose of this chapter to establish procedures which are common to the application and processing of permits for zoning exceptions, site development permits, use permits, and variances, collectively hereinafter referred to in this chapter as discretionary zoning entitlements.

(Ord. 2381 § 2 (part), 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The director shall prescribe the form for each application required under this chapter. The director may require an applicant to submit such information and supporting data considered necessary to the processing of the application.

The city council shall by resolution fix the fee to be charged for the filing and processing of each application, the preparation of environmental impact documents, and the appeal from the decision of a subordinate agency. The city council also may require cash deposits, bonds, or other guarantees of performance as may be appropriate to ensure that the requirements of this chapter and any conditions of approval are met.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Prior to submittal of a development application, the applicant may request a preapplication meeting. The purpose of the preapplication meeting is to give the applicant the opportunity to discuss his or her development proposal with the development review staff of the city. The preapplication meeting provides information to an applicant related to the current development standards of the city. A request for a preapplication meeting, accompanied by any required fee, shall be filed with the development services department in a form prescribed and accompanied with project details and plans as determined appropriate by the director.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.11.040 - Review of applications.

Upon receipt of an application, the director or his or her designee shall note the date received and shall determine whether the application is complete and accurate. Applicants shall be notified in writing within thirty days of making application if: (1) additional information must be provided in order to complete the application and/or (2) there are any material inaccuracies with the application and related materials that need to be corrected. When complete, the director shall accept the application for processing and notify the applicant in writing that the application is complete.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Where the director makes a determination to approve, conditionally approve, or deny a site development permit as authorized by Section 18.13.040 (Authorities and duties of the director), or a zoning exception in accordance with Section 18.15.070 (Determinations/action by director), the director shall, within thirty working days of a complete application, make a written determination on the application or refer it to the board of administrative review for a public hearing. The determination shall specify the nature of the action, the facts and findings that have been satisfied, and any conditions of approval. A copy of the decision shall be sent to the applicant.

For site development permits or zoning exceptions located on property that abuts a residential district, the director shall, in addition to the above, notify all owners of property within three hundred feet of the site by first class mail that a development application has been received and is under consideration, except as modified by Section 18.15.030(N), pertaining to the storage of recreational vehicles. The notice shall be mailed at least ten days prior to making a determination on the application. The notice shall provide a brief description of the use or activities requested by the applicant, shall indicate the date the decision on the application will be made, and shall indicate where information regarding the application may be obtained.

(Ord. 2362 § 1, 2006: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.11.060 - Notice of public hearings.

The director shall give the notice of a public hearing as required by state law. The form of the notice shall contain:

A.

The time and place of the hearing.

B.

A general explanation of the matter to be considered, including a general description of the project location.

C.

Other information which is required by statute or specific provision of this code or which the director considers necessary or desirable.

Where a public hearing for a development permit required by this chapter (site development permit, use permit and variance), the following process shall be used to provide notice of the pending hearing:

Written notice shall be given to the applicant, the applicant's representative, those persons specifically requesting notice, and all owners of property within three hundred feet of the property subject to the application as shown on the latest equalized assessment rolls. Notice shall be provided at least ten calendar days in advance of the public hearing. The director, at his or her discretion, may extend the boundaries of the notice to include additional property owners. The notice shall also be published in a newspaper of general circulation at least ten days prior to the public hearing.

Notice of public hearings related to requests to amend this title and/or the zoning map shall be completed in accordance with the provisions of Chapter 18.18 (Amendments to the Text or Map) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The board of administrative review, planning commission, and city council shall comply with the minimum standards established by the Government Code section in the conduct of public hearings. This includes,

but is not limited to, providing notice as cited above, making available to the public copies of any reports to the approving or recommending body, preserving a public record of proceedings, and providing opportunity to be heard. The board of administrative review, planning commission, and city council may establish appropriate time limits for speakers as necessary to conduct and complete the business before them.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Permits or variances issued under this chapter shall be effective: (1) following expiration of the appeal period if no appeal is filed or (2) upon resolution of the appeal by the appropriate body as determined in Section 18.11.090 (Appeals) of this chapter.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

18.11.090 - Appeals.

The following shall govern appeals of approval, disapproval, or conditions of approval placed thereon for temporary use permits, site development permits, use permits, and variances and related environmental determinations. Appeals associated with zoning exceptions are addressed in Section 18.15.090 (Appeal Procedure) of this chapter.

A.

Appeals will be resolved by the following bodies:

B.

Persons unsatisfied with the appeal determination of the planning commission may appeal to the city council. Decisions of the city council are final.

C.

Appeals shall be initiated by submitting a written appeal within ten days of the action of the approving/appeal body as the case may be. Payment of a fee, as established by resolution of the city council, shall accompany the appeal. The appeal shall state the reasons for the appeal and why the appellant believes the determination of the approving body should be overturned or modified. Appeals to be heard by the board of administrative review or planning commission shall be submitted to the director. Appeals to be heard by the city council shall be submitted to the city clerk.

D.

Grounds for an appeal shall be limited to those issues established in the public record that were brought to the attention of the approving body during its consideration or in written correspondence prior to the approval or denial of the project.

1.

Issues which are the basis of an appeal must be fully disclosed in a timely fashion and in advance of the appeal hearing, so that it can be determined whether such issues were considered by the body originally acting on the project or issue under appeal.

2.

The development services director will report to the decision-making body at the time the appeal is first considered whether the items or issues being appealed were fully considered by the body which originally acted on the project or issue under appeal.

3.

At its sole discretion, the body hearing the appeal may refuse to consider issues which were not considered by the body originally acting on the project or issue under appeal or, alternatively, may remand the matter back to the body which acted on the project or issue under appeal in order to give that body an opportunity to consider the issue.

E.

Within thirty days of receipt of an appeal, the date of the public hearing to consider the appeal shall be set. The body shall render its decision following the public hearing at which the testimony of the appellant and written or oral report is considered and a determination shall be made.

F.

Notice of the appeal hearing shall be given to the appellant, persons requesting notification, and owners of properties abutting the subject property. If the permit was the subject of a public hearing, notice of the appeal shall also be made in accordance with Section 18.11.060 (Notice of Public Hearings) of this chapter.

(Ord. 2347, 2005; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002) (Ord. No. 2590, § 1, 8-21-2018)

18.11.100 - Lapse of approval—Expiration—Extensions.

A.

Lapse of Approval/Expiration by Failure to Utilize. Unless the conditions of approval establish a longer time limit to utilize, or the time limit for utilization has been administratively extended pursuant to subsection D of this section, all discretionary zoning entitlements shall contain a standard condition providing that the discretionary zoning entitlement shall expire and lapse three years from its date of approval and become null and void without further action by the city unless any one of the following events has occurred to utilize the permit or entitlement:

1.

If the discretionary zoning entitlement is necessary to allow for construction of improvements, a building permit has been issued and substantial construction has occurred consistent with and in reliance upon the granting of the discretionary entitlement containing the time limit for utilization, as determined by the development services director.

2.

If the discretionary zoning entitlement approves a use of property only, which is not otherwise allowed as a matter of right under the zoning ordinance, the use of the property as permitted by the discretionary zoning entitlement has been implemented.

B.

Lapse of Approval/Expiration by Non-Use. Any zoning use entitlement shall expire and become null and void when the use allowed by the entitlement is discontinued for a continuous period of one year with no further action by the city.

C.

Expiration by New Entitlement. Any discretionary zoning entitlement shall expire and be deemed void when the entitlement is superseded or replaced with a new entitlement.

D.

Extension of Expiration Date. The development services director may extend the time frame for a discretionary zoning entitlement to expire pursuant to this section for one time for one additional year, with the same conditions of approval, provided that good cause is presented to delay the expiration by the existence of extraordinary circumstances outside the control of the permittee; the approved zoning entitlement is otherwise found to be consistent with the zoning ordinance and general plan policies currently in effect; and the zoning entitlement would not otherwise be detrimental to the health, safety, and general welfare of the city. A complete application must be submitted prior to the expiration of the zoning entitlement. The development services director may refer the extension request to the board of administrative review for a public hearing.

(Ord. 2381 § 2 (part), 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Initiation of Proceedings. The planning commission on its own motion may, and if directed by the city council shall, hold a public hearing for revoking any variance or permit which has been granted pursuant to the provisions of this chapter or any ordinance superseded by this chapter. Public hearings shall be held and notice given in accordance with this chapter.

B.

Decision of the Planning Commission. After a public hearing, the planning commission may revoke a variance or permit on one or more of the following grounds:

1.

Such approval was obtained by fraud or misrepresentation.

2.

Any person making use of or relying upon the variance or permit is violating or has violated any conditions thereof; or the use for which the variance permit was granted is being or has been exercised contrary to the terms or conditions of such approval; or the use for which the approval was granted is so exercised as to be detrimental to the public health, safety, or general welfare so as to be a nuisance.

In lieu of revocation, the planning commission may amend conditions of approval and/or compose additional conditions as appropriate.

(Ord. 2381 § 2 (part), 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

If an application for a site development permit, zoning exception, use permit, or variance is disapproved, no new application for the same, or substantially the same, development plan shall be filed within one year of the date of denial of the initial application unless the denial of the initial application is made without prejudice and is so stated in the record of the proceedings.

(Ord. 2381 § 3, 2007; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)