Chapter 27.08 — RULES OF PROCEDURE

• (a) A planning application (PA) shall be submitted for any project requiring a:

  • (1) Site plan and architectural review;

  • (2) Special use permit;

  • (3) Temporary use permit;

  • (4) Variance;

(5) Site development permit;

(6) Subdivisions;

(7) Reclassification;

(8) Planned development;

(9) General Plan amendment;

(10) Specific plan amendment; or

(11) Code amendments regarding land use regulation.

(12) Downtown Economic Development Permit.

(13) Planned signing districts and freestanding signs over 8 feet in commercial districts.

(14) Single Family Dwelling Design Review (SFDDR).

(b) A planning application shall be filed on the form prescribed by the Department of Community Development, and shall include such information as may be required. The contents of the application and any reports pertaining thereto shall make up the official file. Each submitted application shall receive a PA number.

(c) Each application shall be accompanied by:

(1) A written statement by the owner(s) of the property approving submittal of the complete application; in instances where the applicant is not the same person as the owner, a statement signed by the owner (a) describing the nature of the applicant's interest, and (b) authorizing the applicant to act on behalf of and to bind the owners, shall also be required.

(2) An accurate legal description of the property;

(3) A scaled map or diagram of the property;

(4) A statement describing the existing improvements on and use of the subject property and any proposed changes;

(5) Fees or deposits set by Council resolution pursuant to Chapter 27.12;

(6) Other documents or information that may be required including, but not limited to: Title reports; dimensioned architectural drawings showing elevations of existing and proposed buildings; existing and proposed landscaping and other ground treatment; required parking facilities; building and development data; sign information; photographs; materials sample boards; scale models; photomontages, or environmental information.

(7) For properties subject to Single Family Dwelling Design Review (SFDDR), a statement under penalty of perjury, along with a proof of service, that the applicant has noticed the owners of properties within a 500-foot radius of the boundaries of the property that is the subject of the application as such owners are shown on the most recent San Mateo County assessor's property tax roll available at the San Mateo City Hall, has provided opportunity for discussion of the proposed application with the owners, and has allowed available plans to be reviewed by them.

(d) Applications shall be set for review when determined by the Zoning Administrator to be complete.

(e) Planning applications may consist of single or multiple development approval requests. Environmental documents shall be filed in conjunction with other approval requests, except that applicants may also request that a Master Environmental Assessment or Master Environmental Impact Report be prepared and approved prior to approval of a project.

(f) Planning applications also include formal actions which are final with the Zoning Administrator.

(Ord. No. 2009-7 § 8; Ord. No. 2006-9 § 1; Ord. No. 2001-36 § 8; Ord. No. 2001-33 § 2; Ord. No. 2000-2 § 3; Ord. No. 1996-1 § 3; Ord. No. 1987-11 § 1; Ord. No. 1985-17 § 18; Ord. No. 1983-3 § 12; Ord. No. 1981-27 § 22; Ord. No. 1978-18 § 65.)

Cross References

Section 27.04.382

Section 27.08.035(a)

Section 27.13.050(b)

Section 27.21.030(d) Section 27.71.020(a)

A reclassification of property or changes in zoning regulations may be initiated by the City Council, the Planning Commission, the Zoning Administrator, by property owners in the case of property reclassifications or by the general public for zoning regulation changes.

Upon City Council approval, an application for a reclassification of four or more parcels may be made without fee by owners of fifty percent or more of all property within an area to be reclassified, where a potential public benefit of such reclassification can be demonstrated.

When the Council makes a reclassification contingent upon receipt of a required permit and that permit is not obtained, the change in zone on the property which had been the subject of the reclassification shall not take effect.

(a) The following projects, as well as other projects that may be designated in this code, require a site plan and architectural review and no such project shall commence until the approval body has approved a planning application for site plan and architectural review: any building, new parking lot, fence over seven (7) feet in height, or an extension, alteration, or addition of or to an existing building or parking lot; historic buildings within the Downtown Specific Plan area as specified in Chapter 27.66. Single family and accessory buildings that conform to the standards contained in Chapter 27.18, or minor facade modifications as defined in Section 27.04.313, and which conform with Section 27.08.031, are exempt from this requirement, unless they are specifically designated by this section as requiring review. In making its review, the Zoning Administrator, Development Review Board, and Planning Commission shall be guided by the

standards adopted by the Planning Commission and City Council. The application shall be approved if the Zoning Administrator or Commission finds all of the following to exist:

(1) The structures, site plan, and landscaping are in scale and harmonious with the character of the neighborhood;

(2) The development will not be detrimental to the harmonious and orderly growth of the

City;

(3) The development will not impair the desirability of investment or occupation in the vicinity, and otherwise is in the best interests of the public health, safety, or welfare;

(4) The development meets all applicable standards as adopted by the Planning Commission and City Council, conforms with the General Plan, and will correct any violations of the zoning ordinance, building code, or other municipal codes that exist on the site;

(5) The development will not adversely affect matters regarding police protection, crime prevention, and security.

(b) All buildings, structures, landscaping, and other establishments shall be constructed in accordance with the approved drawings.

(c) The City Council shall review and make the final determination on all buildings exceeding fifty-five (55) feet in height or where required by express General Plan provisions.

(Ord. No. 2023-12 § 4; Ord. No. 2009-7 § 9; Ord. No. 2004-1 § 2; Ord. No. 2001-36 § 5; Ord. No. 2000-2 § 4; Ord. No. 1993-21 § 3; Ord. No. 1992-15 § 7; Ord. No. 1991-18 § 40; Ord. 199112 §§ 47 & 48, 1991; Ord. No. 1989-41 § 2; Ord. No. 1987-11 § 1; Ord. No. 1982-22 § 17; Ord. No. 1981-17 § 23; Ord. No. 1978-18 § 67; Ord. No. 1972-22 § 14; Ord. No. 1970-42 § 3; Ord. No. 1969-18 § 2; prior code § 152.04(C).)

Cross References

Section 27.02.070

Section 27.18.080(c)(4)

Section 27.60.180(e)(1)

Section 27.60.180(e)(2)

Section 27.62.220

Minor facade modifications shall be exempt from the requirements of a site plan and architectural review if the Zoning Administrator finds all of the following conditions to exist:

(a) No building square footage or dwelling units are added;

(b) The minor facade modification as a whole complements the architectural style of the building;

(c) The various facade components, including but not limited to color, construction material and architectural features, are compatible and consistent with one another and complement the architectural style of the building; and

(d) All other requirements of this Title are met.

The Zoning Administrator may condition his or her /her decision by requiring such visual elements as may be necessary to make the above findings. Minor facade modifications not meeting the above conditions shall require submittal and approval of a Site Plan and Architectural Review application.

(Ord. No. 1989-41 § 3.)

Cross References

Section 27.04.130(a)

Section 27.08.030(a)

Section 27.66.030(b)

(a) Application Required. The following projects require a Single Family Dwelling Design Review (SFDDR) application and no such project shall commence prior to a final approved SFDDR application:

(1) a new two-story residence in an R district;

(2) a replacement single-family residence when a pre-existing single-family residence is to be substantially removed in any R district;

(3) a second-story addition to an existing two-story residence in any R district of greater than 50 square feet;

(4) an addition of any second-story square footage to an existing single story residence in an R district.

(b) Small addition to an existing two-story residence. An addition to an existing two-story residence in an R district that does not exceed 200 square feet or 20% of the existing building square footage, whichever is less, shall be approved through the issuance of a building permit without further review if the following circumstances exist:

(1) The project is consistent with the adopted Single Family Dwelling Design Guidelines;

and

(2) No appeal of the decision to issue a building permit is timely filed.

(c) Application form and notice. SFDDR applications shall be filed on the form prescribed by the Department of Community Development, and shall include such information as may be required by the Department of Community Development. The SFDDR application may be filed only after a pre-application meeting between the applicant and the Department of Community Development Planning Division staff and after the applicant provides pre-application notification to the owners and tenants of property within 500 feet of the subject property and to neighborhood

association(s) and the United Homeowners Association, in accordance with noticing procedures adopted by the Department.

(d) Approval or denial. In making its review, Planning Division staff, the Zoning Administrator, Planning Commission, or City Council, as the case may be, shall be guided by the adopted R1 Single Family Dwelling Design Guidelines. The SFDDR application shall be approved if the decision-maker makes all of the following findings:

(1) The structures, site plan, and landscaping are consistent with the adopted R1 Single Family Dwelling Design Guidelines;

(2) The development will not be detrimental to the harmonious and orderly growth of the

City;

(3) The development will not impair the desirability of investment or occupation in the vicinity, and otherwise is in the best interests of the public health, safety, or welfare;

(4) The development meets all applicable standards as adopted by the Planning Commission and City Council, conforms with the General Plan, and will correct any violations of the zoning ordinance, building code, or other municipal codes that exist on the site;

(5) The development will not adversely affect matters regarding police protection, crime prevention, and security.

(e) All buildings, structures, landscaping, and other improvements shall be constructed in accordance with the approved drawings.

(f) Appeal. The Department of Community Development shall send notice of its intention to issue a building permit to persons entitled to notice of an application in accordance with Chapter 27.08 of this Code. An appeal may be filed in accordance with Chapter 27.08 of this Code no later than 10 calendar days after date of the decision.

(a) A planning application is determined to be complete when all documents, reports, data, maps, fees, and other information prescribed in Section 27.08.010 are submitted and are

determined to be adequate to allow the approval body to determine if the required findings can be made.

(b) For any application determined to be incomplete, an applicant may appeal the incompleteness determination to the Planning Commission within 14 days of the date of the incomplete letter. Any appeal shall be submitted in writing, and be accompanied by payment of the filing fee. Pursuant to California Government Code Section 65943  , the Planning Commission shall make a final written determination on the appeal not later than 60 calendar days after receipt of the applicant's written appeal. The appeal process shall toll any timing requirements to resubmit incomplete application materials.

(c) The Zoning Administrator may close out an application, if information is requested in writing by the Zoning Administrator, and the information has not been submitted to the Zoning Administrator or the action has not occurred within 120 days. Applications which are closed out are considered to be withdrawn and any unspent fees from the application will be refunded. An applicant for a housing development project, as defined in California Government Code Section 65905.5(b)(3)  shall follow timelines and provisions outlined in California Government Code Section 65941.1  to maintain preliminary application eligibility.

(d) The Zoning Administrator's action may be appealed to the Planning Commission within ten (10) days of the Zoning Administrator's action closing out an application, or of determining that a new planning application is required.

(Ord. No. 2025-05 § 5; Ord. No. 1991-12 § 49; Ord. No. 1987-11 § 1; Ord. No. 1985-17 § 19.) Cross References Section 27.08.100

The Zoning Administrator shall make a decision on applications within the Zoning Administrator's authority or refer the application to the Planning Commission within twenty-one (21) days from the date the application is complete. Applications shall be set for public hearing by the Planning Commission within twenty-one (21) days from the date the application is complete and the environmental review process is completed. At this hearing all interested persons shall be heard.

The Planning Commission may approve, conditionally approve, deny, or continue the application. Applications not final with the Commission, or final but appealed, shall be referred to an open agenda of the City Council, where all interested persons shall be heard.

An approved application may be conditioned as may be deemed appropriate to further the purposes of the code.

(Ord. No. 1991-12 § 50; Ord. No. 1987-11 § 1; Ord. No. 1982-5 § 25; Ord. No. 1978-18 § 68; Ord. No. 1976-5 § 3; Ord. No. 1974-24 § 2; Ord. No. 1972-25 § 1; Ord. No. 1972-22 § 8; Ord. No. 1969-18 § 3; prior code § 152.08.5, 152.10(D)(part).)

Cross References Section 26.48.030

Section 27.21.030(a)(2)

(a) The approval of an application pursuant to this Title may be conditioned by the City in order to protect and preserve the health, safety, and welfare of the community and to secure the purposes of this Title. Unless otherwise provided, the conditions imposed shall run with the land and are binding on the successors, heirs, and assignees of the applicant. The City may require that any or all of the conditions imposed be recorded.

(b) As a condition of approval of an application or otherwise, a property owner may create an easement for the benefit of the City, another governmental agency, or any other person for the purpose of ensuring ingress, egress, emergency access, light and air access, landscaping, parking, or open-space. A document creating such an easement shall comply with the requirements of Government Code  Sections 65871  and 65873  .

(c) Any person may petition for the release of a condition or easement that has been recorded pursuant to this Section by filing an application for such a release with the Department of Community Development. An application for release of a recorded condition may be approved and a release recorded by the City if, after hearing, the Planning Commission determines that the condition is no longer reasonably related to the protection and preservation of the health, safety,

and welfare of the community or the purposes of this Title. An application for release of a recorded easement may be approved and a release recorded if, after hearing, the Planning Commission determines that the easement is no longer necessary to accomplish the land use goals of the City.

(d) Nothing contained in this Section shall be construed in any way to limit the City in its exercise of the powers the City derives from the State Constitution, State law, and the Charter, nor shall it be construed to supersede any provision of State or City law that requires additional procedural steps and decisions before an easement or right-of-way may be abandoned or vacated.

(Ord. No. 1987-25 § 2.) Cross References Section 27.06.040(a)(7)

(a) Required Notice. All required notices shall be given by mail or e-mail to the applicant, appellant (if any), and all owners and tenants of property located within a radius of 500 to 1,000 feet of the property lines of the project site in accordance with procedures adopted by City Council resolution. Noticing shall be given to property owners as listed on the most recent San Mateo County Assessor's property tax roll available at the San Mateo City Hall. All notices shall include the date, time, and place of hearing, the name of the applicant, the purpose of the application, an identification of the subject property, and other facts as may be prescribed by the Planning Commission or City Council. Defects in such information, or the failure to give notice as fully as described, or the failure of any or all of the addressees to receive the notice shall not invalidate the proceedings, provided that the noticing has occurred in good faith.

(b) Applicable notice periods.

(1) Zoning Administrator. When the Zoning Administrator has final authority to act on an application, notice pursuant to this Section shall be mailed at least ten calendar days before a decision is reached by the Zoning Administrator, but no hearing shall be held. The Zoning

Administrator shall indicate on the notice that any person may request in writing to be advised of the decision reached by the Zoning Administrator.

(2) Planning Commission. Notices of public hearing shall be mailed at least ten calendar days prior to the first Commission hearing date.

(3) City Council. Notice of public hearing shall be mailed at least ten calendar days prior to the first Council hearing date.

(c) CEQA Notices.

(1) Negative declaration. Notices regarding the availability of a project's negative declaration for public review shall be given at least 20 days prior to the hearing date of the Planning Commission. This notice may be combined with the Planning Commission public hearing notice described above.

(2) Environmental Impact Report. Notices regarding the availability of a project's environmental impact report for public review shall be given when the notice of completion is filed, either 30 or 45 days prior to the expiration of the public comment period, depending upon the requirements of CEQA.

(d) Posting of project site. As directed by the Chief of Planning or designee, applicants or their representatives shall place a public notice placard(s) on a highly visible portion of the project site which informs the public of any pending Zoning Administrator decision, Planning Commission study session or public hearing, or City Council public hearing pertaining to the planning application. The placard shall include the public hearing date, location, and purpose, including the permits requested by the applicant, a brief description of the project, and any other information required by the Chief of Planning or designee. The placard shall be posted at least ten days prior to any pending Zoning Administrator decision, Planning Commission study session or public hearing, or City Council hearing pertaining to the planning application.

e, location, and purpose, including the permits requested by the applicant, a brief description of the project, and any other information required by the Chief of Planning or designee. The placard shall be posted at least ten days prior to any pending Zoning Administrator decision, Planning Commission study session or public hearing, or City Council hearing pertaining to the planning application.

(e) Other notification. Notwithstanding the provisions above, notice by publication may be provided in lieu of, or in addition to, individual notice, when deemed warranted by time constraints, the number of notice recipients, or where otherwise required by law. In addition to other forms of notice, the Zoning Administrator may, at his or her discretion, give notice of an application by posting on or near the project site.

(f) Public hearings regarding subdivisions. Pursuant to the Subdivision Map Act, in the case of all hearings on applications under Title 26 of this Code, notice shall be given by publication in a newspaper of general circulation in the City at least ten days prior to the hearing and posted in three public facilities at least ten days prior to the hearing, in addition to notice by mail.

(g) Minutes. Minutes of the Planning Commission and City Council shall be available at the City Clerk's office when they are drafted and for a period of at least two weeks after the meeting or hearing. Actions by the Zoning Administrator shall be available at the City Clerk's office for a period of at least two weeks after the date of the action.

(Ord. No. 2008-14 § 2; Ord. 1991-12 §§ 51 & 52, 1991; Ord. No. 1990-12 § 39; Ord. No. 198711 § 1; Ord. No. 1985-17 § 20; Ord. No. 1981-27 § 24; Ord. No. 1978-18 § 69; Ord. No. 1976-5 § 4; Ord. No. 1972-25 § 1; Ord. 1972-22 §§ 7, 10, 1972; Ord. No. 1969-18 § 3; prior code §§ 152.08.5(part), 152.10(B,F).)

Cross References

Section 27.02.120 Section 27.10.020(a) Section 27.13.100(b) Section 27.62.210(b) Section 27.75.030(a)

(a) Approvals or Denials. Decisions on all applications on which the Zoning Administrator or the Planning Commission may take final action shall become effective ten (10) calendar days after the decision is made, unless an appeal is filed. Decisions of the City Council, unless otherwise stated, are effective and shall be final on the date Council action is taken. Reclassifications and projects requiring reclassifications or ordinance amendments shall, however, become effective on the effective date of the reclassification or other ordinance, or on the date of another event if prescribed in the reclassification or other ordinance.

(b) Reapplications. New applications for the same planning project involving similar purposes shall not be accepted for review, if previously denied, for a period of one year from the date of the final action. However, the one-year limitation shall not apply if the final approval body (1) waives the limitation after an applicant's written request; or (2) states at the time of decision that the denial is without prejudice.

(c) Covenants and Conditions. Unless otherwise provided, the decisions of the approval bodies shall run with the land. Conditions imposed by the approval bodies on a project are binding upon successors to the applicant.

( § 6; Ord. No. 1996-27 § 1; Ord. 1994-8 §§ 1, 2 & 3, 1994; Ord. No. 1992-8 § 7; Ord. No. 1991-12 § 53; Ord. No. 1987-15 § 1; Ord. No. 1987-11 § 1; Ord. No. 1985-17 § 21; Ord. No. 1983-5 § 3; Ord. No. 1982-22 § 18; Ord. No. 1982-11 § 2; Ord. No. 1982-5 § 26; Ord. No. 197818 § 70; Ord. No. 1976-37 § 2; Ord. No. 1975-22 § 1; Ord. No. 1972-22 § 11; prior code § 152.10(G).)

Cross References Section 23.40.040(a)(5)(C)(i) Section 27.38.110(b)(1) Section 27.62.230(1)

Section 27.74.020

An applicant may request modifications to a previously approved planning application prior to or during construction. Examples of such modifications include alteration to an approved building or structure, change in configuration of site improvements, or modification or deletion of conditions of approval. For previously approved Special Use Permits, an applicant may also request a change of use after a project has been completed. A modification shall not automatically extend the approval expiration date beyond that of the original planning application.

Modifications are classified in three ways based on the significance of the proposed change and amount of additional review required: (a) substantial conformance, (b) minor, or (c) major. The Zoning Administrator shall determine the type of modification required based on the criteria specified below. This decision shall be final.

(a) Substantial Conformance. Modifications that are in substantial conformance with the original planning application can be approved as part of the building permit review process.

(1) Substantial conformance is generally defined as a modification or change that:

(A) Results in a project with reduced or inconsequential changes in size, scale, design, or intensity; or

(B) Is necessary to accommodate parking requirements, utility configurations or other mechanical or operational components of a project identified during building permit review or construction; or

(C) Cumulatively would not result in substantive changes to the overall project.

(2) Public notification shall not be required for substantial conformance modifications.

(b) Minor Modification. Modifications that result in minor changes to an approved planning application require review and approval by the Zoning Administrator.

(1) Minor modification is generally defined as a modification where all of the following circumstances apply:

(A) The modification would not result in a Major Modification, as defined below, to the approved site plan or project design; and

(B) The modification would not significantly change the nature of the approved use(s);

and

(C) The modification would not significantly intensify the approved use(s); and

(D) The modification would not result in any new or substantially greater environmental effects than the originally approved project.

(2) Public notification to adjacent property owners and occupants is required for a minor modification. The Zoning Administrator shall determine whether additional property owners and occupants shall be notified depending on the nature of the modification, consistent with the notification procedures in Chapter 27.08.

(c) Major Modification. Modifications that result in a significant change require review and approval by the decision making body under Chapter 27.06.

(1) A modification to a project is considered major if any of the following circumstances apply:

(A) The modifications involve substantive changes to the approved site plan or project design. A substantive change, for the purpose of this section, includes but is not limited to:

(i) A change that is visually conspicuous from the public right-of-way or adjacent properties; or

(ii) A change that results in non-conformance with City standards or policies in order to comply with updated Federal or State laws including. but not limited to, the Americans with Disability Act, Building Code requirements, or Fire Code requirements; or

(iii) A change that alters the intent of a project-specific condition of approval.

(B) The modifications significantly change the nature of the approved use; or

(C) The modifications significantly intensify the approved use; or

(D) The modifications may result in new or substantially greater environmental impacts than the originally approved project; or

(E) The modifications involve major policy decisions or unique land use characteristics, as determined by the Zoning Administrator.

(2) Public notification is required when approval by the Zoning Administrator is required, pursuant to Chapter 27.08. If the original decision maker was the Planning Commission or City Council, whether in the first instance or on appeal, then public noticing and public hearing for

approval by the Planning Commission are required. All recipients and interested parties of the previously approved planning application shall be notified.

(Ord. No. 2023-3 § 6; Ord. No. 1991-12 § 55; Ord. No. 1989-18 § 2; Ord. No. 1987-11 § 1; Ord. No. 1985-17 § 21; Ord. No. 1983-5 § 3; Ord. No. 1982-22 § 18; Ord. No. 1982-11 § 2; Ord. No. 1982-5 § 26; Ord. No. 1978-18 § 70; Ord. No. 1976-37 § 2; Ord. No. 1975-22 § 1; Ord. No. 1972-22 § 11; prior code § 152.10(G).)

Cross References

Section 27.06.040(a)(8)

Final approval of a planning application shall expire two years from the date of approval, with the following exceptions:

(a) A completed building permit application is filed before the expiration date and a building permit is issued prior to or within six months after the two year expiration date.

(b) The property within two years has been used in conformance with the final order.

(c) Approvals granted to the City of San Mateo shall be in force and effect for such time period as funds are budgeted in whole or in part for the project by the City or Agency.

(d) Projects for which an extension has been obtained in accordance with Section 27.08.087 below.

The following extensions to planning approvals are available:

(a) Extensions required by state or federal law. Where state or federal law requires that extension of a planning approval be considered, the Zoning Administrator shall approve an extension if they find that the project complies with all applicable zoning, planning, and general plan regulations and conditions.

(b) City extensions. The Zoning Administrator may approve up to two extensions of a planning approval, each for up to two years, subject to the following provisions:

(1) Application required. To apply for a planning approval extension, an applicant must submit the application prior to the expiration date of the planning approval, pay the application fee and provide the reason(s) for the extension request.

(2) Findings required. To approve a time extension, the Zoning Administrator must find all of the following:

(A) The approved project is still consistent with the City's General Plan; and

(B) The approved project is still consistent with the City's Zoning Ordinance; and

(C) The extension will not result in any new environmental impacts or an increase in severity of previously identified environmental impacts.

(c) Notice of Zoning Administrator Decision on Extension. Notice will be provided to the neighborhood by the same process followed for the original project approval. Notice will also be provided to the Planning Commission and City Council within ten days of the Zoning Administrator's decision.

(d) Appeals. The decision of the Zoning Administrator is appealable to the Planning Commission within ten days of the Zoning Administrator's decision by filing a written appeal with the Planning Division and payment of applicable fees. When an appeal is filed, the expiration date of a planning approval is tolled until a final action is taken. The provisions of Municipal Code Chapter 26.48 govern for all projects with associated subdivision maps.

(Ord. No. 2025-05 § 7; Ord. No. 2023-8 § 2; § 8.)

Cross References Section 27.08.085(d) Section 27.79.040(h)

All appeals must be filed prior to the effective date of a decision, in writing, and be accompanied by payment of the filing fee. If an application has been denied by an approval body, only the applicant may appeal the denial. If an application or a portion thereof is approved, an appeal may be made by the applicant, any interested citizen or taxpayer. When an appeal is properly filed, the application shall be set for hearing on an open agenda of the approval body to whom the appeal is authorized. All documents, plans, and papers constituting the record of the action from which an appeal is taken shall be forwarded to the approval body hearing the appeal and shall be considered part of the record of the de novo (new) hearing.

(a) Appeals to the Planning Commission. Appeals shall be filed with the Commission through the office of the Zoning Administrator.

(b) Appeals to the City Council. Appeals shall be filed with the City Clerk, who shall forward one copy to the Commission through the office of the Zoning Administrator.

Decisions by the Zoning Administrator shall be reviewed by the Commission if a member of either the Commission or the Council files a written request with the Commission through the office of the Zoning Administrator. Decisions of the Commission shall be reviewed by the Council if a Council member files a written request with the City Clerk. No fees are required when a Commissioner or Council member requests review of an application.

(Ord. No. 1991-12 § 56; Ord. No. 1987-11 § 1; Ord. No. 1978-18 § 71; Ord. No. 1972-25 § 1; Ord. 1972-22 §§ 3, 9, 1972; Ord. No. 1969-18 § 3; prior code §§ 152.06(A), 152.08.5, 152.10, (E).)

Cross References

Section 25.06.050(b)(1) Section 25.06.050(b)(2)

Section 26.48.130

Section 27.13.100(a)

Section 27.68.020(a)

Section 27.72.052(b)

Section 27.75.030(a)

Section 27.79.050

An applicant may withdraw an application at any time by filing a written notice of withdrawal with the appropriate approval body. If an application is withdrawn prior to any public hearing on the project, the withdrawal is without prejudice, and the application may be resubmitted at any time. If an application is withdrawn after a public hearing on the project, the applicant and all other persons are prohibited for a period of 1 year from the date of withdrawal from filing a new application for the same, or substantially the same purpose. A previously withdrawn application may be resubmitted prior to the expiration of the waiting period if (a) the final approval body specifies that such withdrawal is without prejudice, or (b) the withdrawal is made pursuant to Section 27.08.035(b) prior to any public hearing on the project.

The City Clerk shall enter all final orders made by the Commission and the Council on all applications and appeals under this Title in the appropriate records therefor, in such a manner as to identify the applicant, the property, the use, and the action ordered. The Zoning Administrator shall enter all final orders made by the Planning Commission on all applications under this Title in the appropriate records therefor, in such a manner as to identify the applicant, the property, the uses, and the action ordered.