Chapter 17.812 — REVIEW PROCEDURES

• A. Council-level review.

1. Hearing required. Council-level review is conducted by the city council, is discretionary in nature, and is subject to a noticed public hearing. Interim ordinances are not subject to a noticed public hearing as provided in section 17.916.030.

2. Notice.

• a. Notice of a council-level review hearing is given by posting and mail as provided in section 17.812.030 for private development projects that include a discretionary permit.

• b. Notice of a council-level review hearing is given by publication and mail as provided in section 17.812.030 for the following:

• i. Private development projects that include a request for a legislative change;

• ii. City-initiated amendments to a general plan or specific plan land use designation of a parcel; and iii. City-initiated rezonings.

• c. Notice of a council-level review hearing is given by publication as provided in section 17.812.030 for the following:

• i. City-initiated amendments to the general plan or a specific plan under section that do not include an amendment to the land use designation of a parcel; and

ii. City-initiated amendments to the text of this title.

• B. Commission-level review.

1. Hearing required. Commission-level review is conducted by the planning and design commission or the preservation commission as provided in this title, is discretionary in nature, and is subject to a noticed public hearing.

2. Notice.

• a. Notice of a commission-level review hearing is given by posting and mail as provided in section

• 17.812.030 for private development projects that include a discretionary permit.

• b. Notice of a commission-level review hearing is given by publication and mail as provided in section

• 17.812.030 for the following:

• i. Private development projects that include a request for a legislative change;

• ii. City-initiated amendments to a general plan or specific plan land use designation of a parcel; and iii. City-initiated rezonings.

• c. Notice of a commission-level review hearing is given by publication as provided in section 17.812.030 for the following:

• i. City-initiated amendments to the general plan or a specific plan that do not include an amendment to the land use designation of a parcel; and

• ii. City initiated amendments to the text of this title.

• C. Director-level review.

1. Hearing required. Director-level review is conducted by the design director, preservation director, zoning administrator, or planning director as provided in this title, is discretionary in nature, and is subject to a noticed public hearing.

2. Notice. Notice of director-level review hearings is given by posting and mail as provided in section 17.812.030.

D. Staff-level review. The staff-level review is discretionary in nature and is conducted at the staff level under the general direction of the preservation director, design director, or zoning administrator as provided in this title, without notice and hearing.

E. Administrative-level review. The administrative-level review is ministerial in nature and is conducted at the staff level under the general direction of the planning director, without notice and hearing. (Ord. 2013-0020 § 1; Ord. 20130007 § 1)

The planning director shall establish policies and procedures to provide notice and reconsideration of decisions made at the staff level of review, including at a minimum the following:

• A. Notification of action on the application, including all conditions and proposed findings; and

B. An opportunity for any person dissatisfied with the decision to request review and reconsideration of the decision by the reviewing director before findings of fact are adopted and the decision is final. (Ord. 2017-0061 § 94; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Contents of notice. Hearing notices shall contain the date, time, and place of the hearing; the name of the hearing body or officer conducting the hearing; a general description of the matter to be considered; a general description, in text or by diagram, of the location of the subject property; and a statement of what environmental determination, if any, has been made on the application to be considered at the hearing.

• B. Notice types and timing.

1. Publication. When a provision of this title requires a hearing notice by publication, the notice is published in the official newspaper of the city.

2. Posting. When a provision of this title requires a hearing notice by posting, notice is posted at the subject real property.

3. Mail or personal delivery.

a. When a provision of this title requires hearing notice by mail, notice is given by mail or personal delivery to all of the following persons and agencies:

• i. The owner of the subject real property or the owner's duly authorized agent;

ii. The applicant, if any;

iii. The owners of real property located within 500 feet of the subject real property, utilizing the owners' names and addresses shown on the latest county equalized assessment roll. In lieu of the equalized assessment roll, other records of the county assessor or tax collector that contain more recent information may be used;

iv. Those persons who have requested in writing notice of the hearing;

v. Those persons who appeared and sufficiently identified themselves for the record at any prior public hearing conducted by the hearing body or officer before which the matter is pending or by any subordinate hearing body or officer; and

vi. Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project whose ability to provide those facilities and services to the project may be significantly affected. b. If the number of owners to whom notice would be mailed or delivered would be greater than 1,000, then in lieu of mailed or personally delivered notice, notice may be given by placing a display advertisement of at least oneeighth page in the official newspaper of the city or another newspaper of general circulation within the city reasonably calculated to provide effective notice to the public.

4. Timing of notices.

• a. Except as provided in subsection B.4.b below, notice by publication, posting, and mail or personal delivery shall be provided at least ten days prior to the hearing.

• b. Notice of hearings for commission-level decisions involving an amendment to this title that affects the permitted use of real property must be provided at least 20 days prior to the hearing.

• C. Notice of continuances. If a hearing is continued, and the continuance is to a date certain that is announced at the hearing, no additional notice of the continued hearing is required.

• D. Effect of failure to receive notice. Failure of any person to receive a hearing notice required to be given by this title does not affect the validity of the hearing nor prevent the hearing body from proceeding with the hearing.

• E. Early notice.

1. The planning director shall establish policies and procedures to provide early notification and information to the public regarding the filing and acceptance of applications for permits and requests for legislative changes as determined appropriate by the planning director. In developing the policies and procedures for early notice under this section, the planning director shall seek to accomplish the following objectives:

• a. Encourage applicants to contact, obtain input from, and work out differences with affected neighbors and neighborhood associations early in the project design process;

• b. Garner the support of affected neighbors and neighborhood associations for the project through the creation of a transparent process that encourages mutual trust and minimizes adversarial hearings and appeals; and

• c. Improve the quality of projects and the built environment.

2. Community meetings. At the request of the planning director, mayor, or council member who represents the district in which a project is located, the project applicant shall attend a community meeting to inform the public and solicit feedback about the project. (Ord. 2026-0001 § 30; Ord. 2020-0021 § 46; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Commissions and directors authorized to conduct hearings under this title shall adopt rules of procedure for the conduct of hearings, including rules governing continuances, evidence, and ex parte communications. (Ord. 20130020 § 1; Ord. 2013-0007 § 1)

A. Transmittal of decision to applicant. The planning director shall cause a record of decision to be prepared for each final decision made on an application for a discretionary permit or legislative change request, and shall transmit the record of decision to the applicant by mail or electronically. A record of decision includes the action taken, conditions of approval, supporting findings, related exhibits, and all other relevant information.

• B. When decision is final and effective.

1. Decision at the council-level of review.

a. A decision at the council-level of review on a matter under this title that does not include a legislative act is final and effective when made and written findings of fact are adopted, when required.

b. A decision at the council-level of review on a matter under this title that includes a legislative act is final and effective as follows:

i. A decision on a legislative act that requires adoption of a resolution is final when made and written findings of fact are adopted, if required, and is effective 30 days thereafter, or at any later date as stated in the resolution.

ii. A decision on a legislative act that requires adoption of an ordinance is final when made and written findings of fact are adopted, if required, and is effective 30 days thereafter, or at any other date as stated in the ordinance.

iii. If the decision also includes a non-legislative action, the decision on the non-legislative action is effective upon the effective date of the decision on the legislative act.

2. Decision at the staff, director, and commission level.

a. A decision at the staff-level on a matter under this title is final and effective when the decision is made and findings of fact are adopted.

b. A decision at the director or commission level on a matter under this title that is subject to appeal is final and effective as follows:

i. If no appeal is timely filed, the decision is final when the decision is made and written findings of fact are adopted, and becomes effective ten days after the decision is final.

ii. If an appeal is timely filed, the effective date of the decision is stayed until a decision on the appeal is final and effective, in which case the decision of the director or commission is vacated; or until the appeal is withdrawn, in which case the decision of the director or commission becomes effective on the date of the withdrawal.

3. Decision at the administrative-level. A decision made at the administrative-level on a matter under this title is final and effective when the decision is made. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

• A. Appeal of commission-level decisions.

1. Except as stated in paragraph 2 of this subsection below, any person dissatisfied with any commission-level decision that is subject to appeal under this title may appeal the decision within 10 days after the decision is final. The appeal must be filed with the planning director using the form provided by the city.

2. A commission-level decision made on an appeal of a director-level decision may not be appealed, except that an appeal of a tentative map or denial of an extension of a tentative map may be appealed to the city council.

B. Appeal of director-level decisions. Any person dissatisfied with any director-level decision that is subject to appeal under this title may appeal the decision within 10 days after the decision is final. The appeal is heard at the commission level. The appeal must be filed with the planning director using the form provided by the city.

C. Appeal of lot line adjustments or mergers of parcels. Appeal of decisions on lot line adjustments or mergers of parcels shall be heard in the same manner as an appeal of a director-level decision.

D. Appeals of tentative maps. In addition to the requirements of this chapter, appeals of tentative maps are subject to the requirements of the Subdivision Map Act.

E. Withdrawal of appeal. Any appeal may be withdrawn by the appellant upon written notice to the planning director delivered prior to the commencement of the appeal hearing.

F. Notice. Notice of an appeal hearing is given by posting and mail as prescribed for appeal hearings in section 17.812.030.

G. Review de novo. The hearing on an appeal is de novo, meaning that the hearing on appeal is not a review of the hearing previously held, but a completely new hearing as if the previous hearing had never occurred.

H. Timeliness of appeal and fees. An appeal is void if it is not filed and the applicable fees are not paid within the timeframes in subsections A through D. (Ord. 2026-0001 § 31; Ord. 2021-0024 § 41; Ord. 2017-0061 § 95; Ord. 20170009 § 18; Ord. 2016-0045 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

17.812.070 Permits may not be issued until decision is final and effective.

Construction permits, licenses, or other permits for a project or use for which a discretionary approval has been given may not be issued until the decision on the discretionary approval is final and effective. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

Except to the extent that section 65090 of the Government Code applies, any action or proceeding to attack, review, set aside, or annul any decision or matter taken or done pursuant to this title, or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within 30 days after the date the decision in final. Thereafter, all persons are barred from any action or proceeding challenging, or any defense of invalidity or unreasonableness of, the decision or proceedings, acts, or determinations. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The provisions of section 65010 of the Government Code relating to the inapplicability of formal rules of evidence and prejudicial error are expressly adopted herein. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)