Article 4 — Decisions and Permit Review, Modification and Revocation

The City Council, the Planning Commission, the Zoning Administrator, or the Community Development Director, as the case may be, shall take action on the application within any applicable time periods specified in Government Code Section 65950 et seq., including any extensions thereof. (§15, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

After the conclusion of the hearing or the public hearing, if any, the City Council, the Planning Commission, the Design Review Commission, the Zoning Administrator, or the Community Development Director, as the case may be, shall approve, conditionally approve, deny without prejudice or deny the application, or make recommendations to the City Council concerning a P-D permit or zoning amendment proposal. Any decision by the Zoning Administrator or the Community Development Director shall be in writing and shall be mailed to the applicant and to any other person who makes a written request for a copy of the decision. The burden of proof in all matters shall be on the applicant. (§15, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

When making a decision on an application for a variance, conditional use permit, special use permit, minor use permit, planned development permit (P-D permit), hillside planned development permit (H-P-D permit), design review approval, or community benefit agreement, the City Council, the Planning Commission, the Design Review Commission, the Zoning Administrator, or the Community Development Director, as the case may be, shall make findings, including the applicable findings required by this chapter. When making recommendations to the City Council concerning a zoning amendment proposal, the Planning Commission or the Zoning Administrator, as the case may be, may make findings, but shall not be required to make findings. (§15, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

In addition to all other requirements for issuance of a building permit, conditional use permit, special use permit, or minor use permit or the granting of a variance, no such permit shall be issued and no variance shall be granted until the City Engineer shall have certified that improvements for the handling of traffic, both vehicular and pedestrian, have been installed on the street or streets upon which the property involved abuts, or that contractual arrangements approved by the City Engineer have been made to provide such improvements at such time as the City Engineer shall request, at the sole expense of the applicant and without cost to the City.

A. The word "improvements" shall mean street paving and/or curbs and/or sidewalks and/or rights-of-way, and shall include dedication to the City of an easement over the improved areas for such purposes in a form satisfactory to the City Attorney, sufficient for public vehicular and pedestrian travel and the maintenance and policing of the improved area by the City.

B. The words "street" and "streets" shall mean a public street or way or other area open to the public for pedestrian and vehicular traffic.

C. Any person dissatisfied with the finding of the City Engineer that the installation of improvements is required may appeal such finding to the City Council for review and decision pursuant to Chapter 4 of Title 1 of this Code, and upon an affirmative showing that the proposed use or variance will not cause an additional traffic

burden, vehicular or pedestrian, at such location, the City Council may grant the permit or variance without requiring the installation of improvements.

No application which has been denied in whole or in part shall be filed again within one (1) year from such denial except by permission of the final decision-maker, unless the new application is substantially different or the conditions under which the previous denial was made have changed. Notwithstanding the foregoing, an application which has been denied without prejudice may be resubmitted at any time without making substantial changes to the application. If the Community Development Director refuses to accept the filing of a new application, such refusal shall constitute a decision which is appealable to the City Council pursuant to Title 1, Chapter 4. (§9, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

Any action taken pursuant to this chapter that is subject to appeal shall be effective upon the expiration of the applicable appeal period. Any action taken pursuant to this chapter that this chapter deems to be final shall be effective upon approval, except in situations where the manner in which the decision-maker has complied with the California Environmental Quality Act has been appealed to the City Council in accordance with Public Resources Code Section 21151(c), in which case the action shall be final upon resolution of the appeal. (§10, Ord. 2134, eff. 11/20/14)

A. Before Use Established. A permit shall be considered lapsed one (1) year after its effective date and a community benefit agreement shall be considered lapsed two (2) years after its effective date, or at an alternative time specified as a condition of approval, unless one (1) of the following has occurred:

1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or

2. A certificate of occupancy has been issued; or

3. The use has been established; or

4. The permit or entitlement has been renewed by the hearing body which originally approved it.

5. Notwithstanding the foregoing, a permit or entitlement shall exclude the time during which an action or proceeding involving the permit is or was pending an appeal or litigation. The expiration period shall be tolled from commencement of the action or proceeding, and shall resume upon its final determination upon appeal or until the time for appeal has passed, in accordance with California Government Code Section 65009(f) or its successor statute.

B. After Use Established. A permit or entitlement may be determined to have lapsed if there is a discontinuance of the exercise of the entitlement granted by the permit or entitlement for six (6) consecutive months or more, pursuant to Section 10-2.4.412.

C. Community Benefit Agreements. An expiring community benefit agreement must be renewed to maintain the additional development capacity granted pursuant to the community benefit agreement and to secure the same

community benefit originally contemplated in that agreement. If the originally contemplated benefit becomes unavailable or undesirable to the City at the time of renewal, the applicant may be required to provide an alternate community benefit that is desirable to the City Council and is of like-kind or equivalent value as determined by the City's sole discretion and described in the Community Benefits Program. (§11, Ord. 2134, eff. 11/20/14; §15, Ord. 2209, eff. 3/19/21; §3, Ord. 2250, eff. 9/5/25)

If the Zoning Administrator has taken no action in approving, conditionally approving, or denying any application filed pursuant to the provisions of this article, within twenty-one (21) days after the first meeting at which said application has been scheduled, such application and pertinent data shall be automatically referred to the Planning Commission for action unless the matter is continued further by the mutual consent of the Zoning Administrator and the applicant, or unless the applicant is not represented at the meeting at which time the application is scheduled to be heard and/or acted upon.

If the Planning Commission has taken no action in approving, conditionally approving, or denying any application, review, or appeal filed pursuant to the provisions of this article within thirty-five (35) days after the first meeting at which said application or appeal has been scheduled, the application and pertinent data shall be automatically referred to the City Council for action unless the matter is continued further by the mutual consent of the Planning Commission and the applicant or the appellant, or unless the applicant or appellant is not represented at the meeting at which time the application is scheduled to be heard and/or acted upon. (§6, Ord. 2106, eff. 1/6/12)

If the Design Review Commission has taken no action in approving, conditionally approving, or denying any application, review, or appeal filed pursuant to the provisions of this article within thirty-five (35) days after the first meeting at which said application or appeal has been scheduled, the application and pertinent data shall be automatically referred to the Planning Commission for action unless the matter is continued further by the mutual consent of the Design Review Commission and the applicant or the appellant, or unless the applicant or appellant is not represented at the meeting at which time the application is scheduled to be heard and/or acted upon. (§8, Ord. 2106, eff. 1/6/12)

A. Application by Permittee or Entitlement Holder. A permittee or entitlement holder wishing to modify the terms of a discretionary permit or entitlement shall apply to the City for a modification. The application shall clearly state and illustrate as necessary the proposed modification. The application procedure, public notice, and hearing body shall be the same as those prescribed for an original application of the same kind.

B. Request by Other Interested Person. Any interested person may request review of a permit or entitlement issued pursuant to this title by filing a request with the Community Development Director, clearly stating the scope of the requested review, reasons for the request, and supporting evidence. The Community Development Director shall review the request and determine within a reasonable time whether sufficient grounds exist to initiate review, modification or revocation proceedings pursuant to Section 10-2.4.412. (§12, Ord. 2134, eff. 11/20/14; §15, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

A. Duties of the Community Development Director. If the Community Development Director, either of their own volition, on the application of the permittee, or on the request of an interested person, determines there may be grounds for review, modification or revocation of a zoning permit, home occupation permit, use permit, administrative use permit, special use permit, minor use permit, variance, planned development permit, hillside planned development permit, design review approval, community benefit agreement, or other discretionary approval authorized by this title, the Community Development Director shall schedule a public hearing before the body initially authorized to approve the permit. (See also

Section 10-2.3.1220, Procedure for Consideration of Violations of Performance Standards (regarding alcoholic beverage sales).)

B. Notice and Public Hearing. Notice shall be given in the same manner required for the original permit or entitlement, if notice was required, and notice shall be mailed to the permittee and property owner at least ten (10) calendar days before the hearing. The contents of the notice shall be as prescribed for the original application. (See Part IV, Article 3 of this chapter, beginning with Section 10-2.4.301.)

C. Hearing. The body conducting the hearing shall hear testimony of City staff, the permittee, the property owner, and/or any other interested person. A public hearing may be continued to a specific date and time without additional public notice.

D. Required Findings. The body conducting the hearing may modify or revoke the permit or entitlement upon making one (1) or more of the following findings:

1. The permit or entitlement was issued on the basis of erroneous or misleading information or misrepresentation; or

2. The use or the user is in violation of a condition of approval of the permit or entitlement, or other laws or regulations, including but not limited to the Municipal Code; or

3. The use has lapsed for a period of at least six (6) months and there is no obvious intent to reestablish the use; or

4. The use is being conducted contrary to the public health, safety, and welfare due to changes in the conduct of the use, changes in uses in the vicinity, or otherwise.

E. Decision and Notice. Within ten (10) calendar days of the conclusion of the hearing, the body that conducted the hearing shall render a decision and shall mail notice of the decision to the permittee, the property owner, the party requesting review, and to any other person who has filed a written request for such notice.

F. Effective Date – Appeals. A decision by the Planning Commission, the Zoning Administrator, or the Community Development Director to modify or revoke a discretionary permit or entitlement becomes final ten (10) calendar days after the notice of the decision is mailed, unless appealed under Part IV, Article 5. A decision by the City Council to modify or revoke a discretionary permit or entitlement becomes final immediately.

A decision by the Planning Commission, the Zoning Administrator, or the Community Development Director to modify or revoke a discretionary permit or entitlement becomes final ten (10) calendar days after the notice of the decision is mailed, unless appealed under Part IV, Article 5. A decision by the City Council to modify or revoke a discretionary permit or entitlement becomes final immediately.

G. Other Remedies. The City's right to modify or revoke a discretionary permit or entitlement is in addition to any other remedy allowed by law. (§12, Ord. 2134, eff. 11/20/14; §15, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

Repealed by §12, Ord. 2134, eff. 11/20/14. (§7, Ord. 2106, eff. 1/6/12; §47, Ord. 2109, eff. 6/15/12. Formerly 102.4.410)