Article 6 — PERMIT PROCEDURES

This Article 6 establishes the overall structure for the application, review, and action on City-required permit and project review applications and identifies and describes those discretionary permits and other approvals required by these Zoning Regulations in Table 6-1 (Review Authority).

• A. Director’s Actions. Except when combined with legislative actions or other non-administrative actions defined in this Division, the Director, also defined in these Zoning Regulations as the designee of the Director, is the designated review authority for the following quasi-judicial permits and actions, which are generally limited to interpretation of policy or relatively minor adjustments of Zoning Regulations standards. Additionally, the Director has primary administrative authority over certain activities which require the determination of compliance with applicable Zoning Regulations provisions. The Director, at the Director’s sole discretion, may elevate the level of review to a higher review process and/or authority.

  1. Affordable Housing Incentives. An action authorizing a residential density bonus in compliance with Chapter 17.14 0xx (Affordable Housing Incentives).

  2. Development Review – Minor . An administrative action providing for the review of and action on certain development applications identified in Section 17.xx.xxx Chapter 17.106 (Development Review – Minor ).

  3. Director’s Action on Exceptions. An administrative action granting exception (modification or deletion) to certain specified development standards of these Zoning Regulations in cases where strict compliance would result in a hardship, as specified in and processed in compliance with Section 17.xx.xxx (Director’s Action).

  4. Home Occupation Permits. An administrative permit authorizing the operation of a specified home-based occupation in a particular location in compliance with the provisions of these Zoning Regulations and in compliance with procedures specified in Article 4, Section 17.86.14 0xx.xxx (Home Occupatio n Permit s).

  5. Reasonable Accommodation s . An administrative permit authorizing limited modifications to properties to accommodate a person with physical or mental impairments that substantially limit on or more major life activities in compliance with specific criteria and performance standards and in compliance with procedures specified in Section 17.xx.xxxC hapter 17.112 (Reasonable Accommodatio ns) .

  6. Temporary Use Permits. An administrative permit authorizing specific limited term uses in compliance with specified conditions and performance criteria specified in Article 4, Section 17.86.26 0xx.xxx (Temporary and Intermittent Us e Permits ).

  7. Zoning Regulations Interpretations. An administrative interpretation of certain provisions of these Zoning Regulations in an effort to resolve conflict or ambiguity in the regulations and to ensure their consistent application in compliance with Chapter Section 17.0 4xx.xxx (Interpretation of the Zoning Regulations Provisions ).

• B. Director’s Hearing. Except when combined with legislative actions, the Director, via a public hearing process, is the designated review authority for the following quasi-judicial permits and actions. A public hearing is required for

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the following quasi-judicial actions in compliance with Section 17.xx.xxx (Public Notices and Hearings). Chapter 17.109 (Director’s Hearing).

1. Development Review - Moderate . An administrative action providing for the review of and action on certain development applications identified in Section 17.xx.xxx Chapter 17.106 (Development Revie w – Moderate ).

2. Director’s Hearing on Exceptions. An administrative action granting exception (modification or deletion) to certain specified development standards of these Zoning Regulations in cases where strict compliance would result in a hardship, as specified in and processed in compliance with Section 17.xx.xxxC hapter 17.109 (Director’s Hearing), and other than those exceptions cited in Section 17.xx.xxxC hapter 17.108 ( for D irector’s Action).

3. Director’s Hearing on Various Permits. A quasi-judicial action authorizing the construction or alteration of specific development projects as set forth in Table 6-1 and as otherwise called for in these Zoning Regulations for projects subject to a Director’s Hearing. A public hearing is required in compliance with Section 17.xx.xxx Chapter 17.122 (Public Notices and Hearings).

4. Minor Use Permits. A permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of these Zoning Regulations and in compliance with procedures specified in Section 17.xx.xxx Chapter 17.110 (Minor Use Permits and Conditional Use Permits and Minor Use Permits) .

5. Revocation of Director’s Hearing Actions and Minor Use Permits. A judicial process providing for the review of potential violations of conditions of approval for an authorized use or structure, and for the revocation of such approval based upon findings set forth in Section 17.xx.xxx (Revocations).C hapters 17.108 and 17.109.

6. Variances. An action granting exception to the development standards of these Zoning Regulations in cases where strict compliance would result in a unique hardship in compliance with Chapter 17.11 4 Section 17.xx.xxx (Variances).

• C. Planning Commission Permits and Actions. Except when combined with legislative actions, the Planning Commission is the designated review authority for the following quasi-judicial permits and actions. Additionally, the Planning Commission may review administrative permits and actions referred by the Director. A public hearing is required for the following quasi-judicial actions in compliance with Section 17.xx.xxx Chapter 17.122 (Public Notices and Hearings).

  1. Adjustments to Standards in the Downtown-Commercial (C-D) Zone. A process for making adjustments, on a project-specific basis, to the development standards applicable to development in the C-D zone, as specified in Chapter XX 1 7.32 (Downtown-Commercial [C-D] Zone).

  2. Building Setback Lines. A process for adoption of official building setback lines, as specified in Section 17.xx.xxx (Building Setback Lines).C hapter 17.80 (Street Regulations).

3. Conditional Use Permits. A permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of these Zoning Regulations and the procedures specified in Section 17.xx.xxxC hapter 17.110 (Minor Use Permits and Conditional Use Permits and Minor Use Permits ).

4. Development Review - Major . A process providing for the review of and action on certain development applications identified in Section 17.xx.xxxC hapter 17.106 (Development Revie w – Major) .

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5. PD Overlay Zone – Amendments to Final Development Plan. A process for reviewing proposed amendments to an adopted Planned Development Overlay (PD) Zone or final development plan as specified in Chapter 17.4 8XX (Planned Development [PD] Overlay Zone).

6. Planning Commission Hearing on Various Exceptions and Special Development Projects. A quasijudicial action authorizing an exception (modification or deletion) to certain specified development standards of these Zoning Regulations and for the construction or alteration of specific development projects as set forth in Table 6-1 and as otherwise called for in these Zoning Regulations. A public hearing is required in compliance with Section 17.xx.xxxC hapter 17.122 (Public Notices and Hearings).

7. Revocation of Conditional Use Permits. A judicial process providing for the review of potential violations of conditions of approval for an authorized use or structure, and for the revocation of such approval based upon findings set forth in Section 17.xx.xxx (Revocations). Chapter 17.110.

• D. Legislative Actions. The designated review authority for all legislative actions is the City Council, based on recommendations provided by the Planning Commission. A public hearing is required for the following legislative actions in compliance with Section 17.xx.xxx Chapter 17.122 (Public Notices and Hearings).

  1. Development Agreements and Amendments. An agreement between the City and a party with legal or equitable interest in the real property relating to the development of property in compliance with Chapter 17. xx 128 (Development Agreements).

  2. General Plan Text/Map Amendments. An action authorizing either a text amendment to the General Plan or a map amendment changing the General Plan land use designation of particular property in compliance with Chapter 17.13 0XX (General Plan Amendments).

  3. Specific Plan and Amendments. A regulatory document prepared in compliance with Government Code Section 65450 et seq. for the systematic implementation of the General Plan for a particular area as specified in Chapter 17.4 8XX (Specific Plan Overlay Zon es ).

  4. Zoning Regulations Text/Zoning Map Amendments. An action authorizing either a text amendment to these Zoning Regulations or a map amendment changing the zoning designation of particular property in compliance with Chapter 17.12 4XX (Amendments – Zoning Regulations and Zoning Map).

NOTE FOR HEARINGS: The Applicable Code Section column will be filled in once the numbering has been completed.

Table 6-1 - Review Authority

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Table 6-1 - Review Authority

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Table 6-1 - Review Authority

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Table 6-1 - Review Authority

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Table 6-1 - Review Authority

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Table 6-1 - Review Authority

Notes:

• (1) "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision subject to Appeal Procedures outlined in Chapter 17.12 6XX (Appeals).

• (2) The review authority may defer action and refer the request to the higher level review authority for consideration and final decision.

’ (3) Director s decision may be appealed to the City Manager.

E. Multiple Permit Applications

1. Concurrent Filing. An applicant for a development project that requires the filing of more than one application (e.g., Conditional Use Permit, Tentative Map, etc.), shall file all related applications concurrently, together with all required application fees, unless these requirements for concurrent filing are waived by the Director.

2. Concurrent Processing. Multiple applications for the same project shall be processed concurrently and shall be reviewed and acted upon by the highest review authority designated by these Zoning Regulations for any of the applications. For example, a project for which applications for Moderate Development Review project and a Conditional Use Permit are filed shall have both applications decided by the Planning Commission, instead of the Director being the final decision-making authority for the Moderate Development Review project, as otherwise required by Table 6-1 (Review Authority).

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• A. A land use on property that complies with the permit requirement or exemption provisions of these Zoning Regulations shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use, with the exception that a demolition permit may be obtained and demolition work carried out prior to starting work or establishing a new use. Nothing in these Zoning Regulations shall eliminate the need to obtain any permits required by:

  1. Any other Municipal Code provisions, including building, grading, or other construction permits; a Business License in compliance with Municipal Code Title 5 (Licenses, Permits, and Regulations), if required, or subdivision approval if required by Title 16 (Subdivisions); or

  2. Any applicable County, regional, State, or Federal regulations.

• B. Grading shall not be commenced, and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this Section, except in compliance with the approved permit and the conditions imposed.

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• A. Burden of Proof. The burden of proof to establish the evidence in support of the required finding(s) for any permit or approval in compliance with these Zoning Regulations is the responsibility of the applicant.

• B. Precedence.

  1. Each permit or approval shall be evaluated on a case-by-case basis.

  2. The granting of a prior permit or approval, or the denial of a permit, either on the subject property or any other property within the City does not create a precedent and is not justification for the granting or denial of a new permit under current review.

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