Chapter 17.125 — COMMON APPLICATION PROCESSING PROCEDURES

The purpose of this chapter is to establish procedures necessary for the efficient processing of land use and development applications, permits and other approvals. These common procedures apply to all permits and approvals described in this Title, unless superseded by a specific requirement of Title 17 or state law.

(Ord. 247, 1/15/2025)

• A. All applications for a permit or approval, as identified in this Title, must be submitted to the Planning Department on a completed City application form designated for the specific proposal.

• B. Minimum submittal requirements shall be established by the Community Development Director and are listed on each application type. Additional information specific to the permit or approval and necessary for the complete analysis of an application may be required by the Community Development Director. All required material, information and fees shall be provided by the applicant before the application is submitted and accepted for processing.

• C. All applicable processing fees as set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code for each development application type shall be submitted simultaneously with the proposed development application(s), development plans and technical studies. Applications initiated by the City shall not require an application fee.

• (Ord. 247, 1/15/2025)

Applications may be initiated by any interested party, the Community Development Director, Planning Commission or City Council, except that for any application proposing the specific use or development of land, such application shall only be initiated by either of the following:

• A. Property owners or all contract purchasers of a subject property, or any person authorized in writing to act as an agent of the owner or contract purchasers.

• B. Public agencies or utilities that have statutory rights of eminent domain for projects they have the authority to construct.

• (Ord. 247, 1/15/2025)

• A. Initial Determination. Within 30 days of application submittal, the Community Development Director shall determine whether the proposed development application is complete in accordance with Government Code Section 65493 (Permit Streamlining Act). The Community Development Director shall notify the applicant in writing that one of the determinations has been made:

  1. Complete Application. All submittal requirements have been satisfied and the application has been deemed complete for processing.

  2. Incomplete Application. Specific information is missing and is still necessary to complete the application. The incomplete letter may also identify design review comments from each City department and preliminary information regarding the areas in which the submitted application is not in compliance with City development standards, design requirements and application requirements.

• B. Application Resubmittal. Any application resubmittal shall include the application determination letter and applicant response letter where in the resubmittal the additional information can be found.

• C. Determination on Resubmittal. Within 30 days of submittal of a revised development application package, in response to a determination of incompleteness, the Community Development Director shall determine whether the resubmitted application is complete. The Community Development Director shall notify the applicant in writing that a determination has been made.

• D. Right to Appeal. The applicant may appeal the determination in accordance with Section 17.125.110 (Appeals) and California Government Code Section 65493 (Permit Streamlining Act). A final written determination on the appeal shall be rendered not later than 60 days after receipt of the applicant's written appeal.

• (Ord. 247, 1/15/2025)

• A. After acceptance of a complete application, the project shall demonstrate compliance with Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.

• B. The Community Development Director may refer an application for review and comment to any other government agency and/or City department that he/she determines appropriate to ensure

compliance with all provisions of this Title, the Wildomar Municipal Code, and other adopted policies and plans.

• C. Reports for an application shall be prepared and disseminated as follows:

  1. For applications decided at the administrative level, the Community Development Director will prepare a report for the file, including a decision to approve, conditionally approve, alter, or deny the application.

  2. For applications to be heard by the Planning Commission and/or City Council, the Community Development Director will oversee preparation of a report to the recommending authority, if applicable, and designated approving authority describing the project and may include a recommendation to approve, conditionally approve, alter, or deny the application. The report shall be provided to the applicant prior to consideration of the application at least 72 hours prior to the meeting, or with the agenda packet for the meeting, whichever is earlier. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared.

• (Ord. 247, 1/15/2025)

• A. Request. The Community Development Director may withdraw any application upon written request by the applicant or authorized agent representative prior to the final determination on the application.

• B. Notice of Withdrawal. The Community Development Director shall mail a notice of withdrawal to the applicant within three business days to notify the applicant that the application has been withdrawn and that all processing of the application has been terminated. A copy of the notice shall be placed in the project file. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials must then be filed in compliance with the Chapter.

• C. Fees Partially Refunded. Partial refunds of unused permit fees collected by the City may be granted, at the discretion of the Community Development and Administrative Services Directors only if, prior to staff making a determination or recommendation on the application, the applicant submits a written request to withdraw the application.

• (Ord. 247, 1/15/2025)

• A. Public Hearing Required. Where required pursuant to this Title, the following procedures shall govern the public notice and public hearing for a permit or other approval.

• B. Notice of Public Hearing.

  1. Content. The notice of public hearing shall include the following information:

     • a. Date, time and place of hearing.

     • b. Identification of the reviewing or approving authority.

     • c. Location of project.

     • d. Project description.

     • e. CEQA determination statement, if applicable.

     • f. Statement related to appeals and challenges, if applicable.

     • g. Information on the availability and location of staff reports and public review materials.

  2. Delivery. Pursuant to California Government Code Sections 65090 to 65094 , not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manners listed below.

     • a. Notice of public hearing shall be published in at least one newspaper of general circulation in the City at least 10 days prior to a scheduled public hearing.

     • b. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a minimum radius of 600 feet (1,000 feet for GPA's, Zone Changes and Specific Plans) of the exterior boundaries of the property involved in the application or to 25 property owners within a radius of up to one mile around the project, whichever is greater, as determined by the Community Development Director, using for this purpose the last known name and address of such owners as shown on the last equalized assessment roll or those names and addresses known to the City. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project.

     • c. If the number of owners exceeds 1,000, the City may in accordance with the Government Code , in lieu of a mailed notice, provide notice by placing a notice of at least 1/8 page in one newspaper of general circulation within the City.

     • d. Notice of the public hearing shall be mailed to the owner of the subject real property or the owner's authorized agent, to the project applicant, and to each local agency expected to provide water, sewerage, schools or other essential facilities or services to the proposed project and whose ability to provide such facilities or services may be significantly affected.

     • e. Notice of the public hearing shall be posted at City Hall and the local U.S. Post Office.

     • f. Notice of the public hearing shall be posted on the property in accordance with the requirements of Ordinance No. 135. The number and location of the posted notices shall be as follows:

       • i. For properties five acres or less in size, one sign per improved street frontage shall be posted on site.

       • ii. For properties greater than five acres in size, two signs per improved street frontage shall be posted on site.

• iii. For properties that are unusually shaped or within a unique location, the Community Development Director may determine the location(s) for posted notices or require additional noticing of the proposed project.

  - g. Notice of the public hearing shall be mailed to any person who has filed a written request for such notice and provided self-addressed stamped envelopes. Alternatively, a notice can be emailed at no cost upon subscribing to the City's list serve. 
  
  - h. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable 
  

• C. Requests for Notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the City Clerk. The City may impose a reasonable fee for recovering the cost of such notification.

• D. Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this Title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for with the notice was given.

• (Ord. 247, 1/15/2025)

Hearings as provided for in this chapter shall be held in accordance with the provisions of Section 17.125.080 (Public Hearing Procedure), as well as the following provisions:

• A. Hearings shall be held at the date, time and place for which notice has been given as required in this chapter. The recommending authority and approving authority shall conduct the public hearing and hear testimony from interested persons.

• B. Any hearing may be continued to a certain date, time, and place with no additional notice required. The continuance may occur either before the item is heard (if no one is present to testify or all those present consent to the continuance) or after testimony has been taken and before the completion of the hearing.

• C. If the hearing is not continued to a date, time, or place certain, the hearing shall be re-noticed in accordance with the procedures of this section.

• (Ord. 247, 1/15/2025)

Written notice of decision of the approval authority shall be provided to the applicant and all parties requesting such notification within seven business days of the decision and shall contain all conditions of approval. A Notice of Decision is not required for actions of a recommending body.

• A. Whenever any person desires to obtain a recording of a public hearing held by the City Council or the Planning Commission, he or she shall notify the City Clerk in writing, if the hearing is before the City Council, or the Secretary of the Planning Commission if the hearing is before the Planning Commission.

• B. Whenever any person desires to obtain a Clerk's transcript of the documents involved in a proceeding before the City Council or the Planning Commission, he or she shall make a written request to the City Clerk, if the matter is before the City Council or to the Secretary of the Planning Commission, if the matter is before the Planning Commission. The Clerk or Secretary shall determine the number of pages involved and require payment, if applicable, in advance for the transcript at the current rate.

• (Ord. 247, 1/15/2025)

• A. Recommending Authority. The recommending authority, denoted with an R, as designated in Table 17.125.100-1 (Designated Authority for Permits and Approvals) shall hear and make recommendations on the proposed land use or development permit or approval in accordance with the requirements of this Title.

• B. Approving Authority. The approving authority, denoted with an A, as designated in Table 17.125.100-1 (Designated Authority for Permits and Approvals) shall approve, conditionally approve or deny the proposed land use or development permit or approval in accordance with the requirements of this Title. Generally, the Community Development Director and his/her

designee will make non-discretionary and discretionary decisions at the administrative level, the Planning Commission will make discretionary decisions, and the City Council will make the legislative decisions. In acting on a permit, the approving authority decision may be appealed pursuant to procedures set forth in Section 17.125.110 (Appeals).

• C. At any point in the review process, the Community Development Director at his/her discretion may transfer approving authority to the Planning Commission or City Council because of policy implications, unique or unusual circumstances, or the magnitude of the project.

A = Approving Authority; R = Recommending Authority

(Ord. 247, 1/15/2025)

An applicant or any other interested party may appeal the decision of the Community Development Director or Planning Commission by the following procedure:

• A. Appeals of Community Development Director Decisions. Decisions of the Community Development Director may be appealed to the Planning Commission by filing a written appeal and prescribed appeal fee with the Planning Department.

• B. Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal and prescribed appeal fee with the City Clerk.

• C. Time Limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within 10 calendar days after the date on which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.

• D. Procedures.

  1. Filing. The appeal shall be filed with the prescribed form and shall identify the name(s) and contact information of person(s) appealing, the decision being appealed and clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code.

  2. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business registration.

  3. Transmission of Record. The Community Development Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body. The Community Development Director shall forward the appeal, the Notice of Action, and all other documents that constitute the record to the hearing body. The Community Development Director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

  4. Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.

  5. Public Notice and Hearing. Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to Chapter 17.125 (Common Application Processing Procedures). Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing.

  6. Action. An action to grant an appeal shall require a majority vote of the hearing body members in attendance at the hearing. A tie vote shall have the effect of rejecting the appeal.

7. Request for Review.

   • a. The City Council shall review a Planning Commission or Community Development Director decision regarding Subdivisions (Title 16) or Zoning (Title 17) matters brought before the Planning Commission for hearing or to the Community Development Director for a Planning Director hearing, if two or more Council members independently file a Council review form with the City Clerk within 10 days after the decision of the Planning Commission or Planning Director. The review form shall be prescribed by the City Clerk and shall not require the Council member to state a reason for the request

for review. For all requests for review, it shall be presumed that the reason for the request is that the decision may have significant and material effects on the quality of life within the City or that the subject matter of the decision may have City-wide importance warranting review and determination by City's elected officials. Bias shall not be presumed or inferred due to a request for review.

• b. The City Clerk shall schedule the review hearing for commencement within 60 days of the receipt of a request for review. There shall be no fee for filing a request for review. The review shall otherwise follow the procedures that would be applicable if an appeal of the decision were filed by an interested person, including, but not limited to, any public notice requirements. If there is no specific appeal procedure, then the review shall follow the procedures of this chapter.

• c. The Council review hearing shall be conducted as a hearing de novo.

• d. The effectiveness of a Planning Commission or Planning Director decision subject to Council review shall be stayed pending completion of the Council review proceedings.

• (Ord. 247, 1/15/2025)

• A. Time Limits. Any permit not exercised within the specified time limit from the date of approval shall expire and become void, except where an extension of time is approved pursuant to this Section. See Table 17.125.120-1 for permit timelines, expiration, and extensions.

• B. Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s), as determined by the Community Development Director. A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other

substantial efforts or expenditures constitutes exercise of the permit. Following are the criteria for determining if a permit has been exercised and therefore would not expire:

1. A grading permit followed by a building permit issuance, and construction commenced (and ongoing) on the project.

2. A certificate of occupancy is issued for the use or structure.

3. The site is occupied in accordance with the approved permit.

4. The site is occupied in accordance with an approved phase of a phased development and development has been diligently pursued for future phases of an approved permit.

5. An extension of time is approved in accordance with Section 17.125.120 , if applicable.

• C. Permit Extensions. All permits granted pursuant to this chapter shall be valid for the length of time specified in Table 17.125.120-1, following the approval of said permit, unless the permit as granted specifies a shorter initial time period. The permit shall become null and void unless the permits have been issued and the use commences, or the approved permit is extended by request of the permittee under the provisions of this chapter. The term "use commences" means either the beginning of substantial construction of facilities for the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

  1. If an approved permit has not been exercised within the three-year time period above, the permittee may request an extension of time prior to the expiration date provided an application is filed with the with the Planning Director along with the required fee as set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code. Upon receipt of a request for a time extension request, the Planning Director shall schedule the request for Planning Commission consideration. At least 10 days prior to the scheduled meeting, the Planning Department shall mail a public notice to all property owners of real property within a 600foot radius of the project boundary. This notice shall include the minimum information specified in Chapter 17.125 (Common Application Processing Procedures) of this Title.

  2. Extension of Time Processing Procedures. The Planning Commission in approving an extension of time for an approved permit shall follow the processing procedures outlined below:

     • a. The Planning Commission shall review the first request for an extension of time, and at their discretion may extend the time to commence the permit for an additional period up to three years provided the findings outlined in this section are met.

     • b. The Planning Commission shall review the second request for an extension of time, and at their discretion may extend the time to commence the permit for an additional period up to two years provided the findings outlined in this section are met.

     • c. The Planning Commission shall review the third request for an extension of time, and at their discretion may extend the time to commence the permit for a final one-year period provided the findings outlined in this section are met.

     • d. If the approved permit, along with all the time extensions cited above has not commenced and substantial construction of the facilities for the approved use has not begun (as defined above), the public use permit shall expire and become null and void, and a new public use permit will be required.

       • i. Criteria to Approve an Extension of Time. The Planning Commission in reviewing an extension of time for an approved permit shall only grant the extension of time if all of the following findings are met:

         • (A) The approved permit remains consistent with the adopted General Plan.

• (B) The approved permit remains in conformance with the requirements this Title.

  - (C) The setting and local circumstances of the approved permit have not changed in such a way to make the previously approved permit incompatible or inappropriate with the surrounding area. 
  
  - (D) The request and fee for the extension was filed prior to the expiration date of the approved permit. 
  

  3. Appeal of the Planning Commission Determination. Any extension of time request, approved or denied, by the Planning Commission may be appealed to the City Council. Any appeal must be filed with the City Clerk, along with the required fee as set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code, no later than 10 days after the official determination by the Planning Commission.

  4. Appeal Hearing Before the City Council. Any appeal of an extension of time request, approved or denied, by the Planning Commission shall be heard by the City Council. Within 45 days of receiving a request for an extension of time, the City Clerk shall schedule the appeal for City Council review and consideration. At least 10 days prior to the scheduled meeting, the Planning Department shall mail a public notice to all property owners of real property within a 600-foot radius of the project boundary. Said public notice shall include the minimum information specified in Section 17.125 (Common Application Processing Procedures) of this Title. The City Council shall have discretion to approve, deny or approve with additional conditions the requested extension of time. The decision of an appeal by the City Council shall be final. Permit Expiration.

• D. Multiple Entitlements. Notwithstanding the expiration specified for individual permit and approval types, when an approved project had more than one permit or approval processed concurrently all permit expiration dates shall be consistent. The longest time to permit expiration date shall apply.

• E. Expiration. The City may take action to revoke the permit that has expired.

• F. Permit Expiration for a Closed Business. All permits shall expire when a business or use is closed or discontinued for more than one calendar year. Approval of new permits based on current requirements shall be required prior to any business activity or use on the site.

• (Ord. 247, 1/15/2025)

• A. Applicability. A request for approval of a modification to an approved development permit, conditional use permit, public use permit, or variance, shall be made in accordance with the provisions of this chapter. A modification under this chapter means a determination of substantial conformance or a request for a revised permit as further defined herein. These provisions shall not be applicable to wind energy conversion system permits.

• B. Applications. Applications for substantial conformance or revised permit shall be filed in writing with the Community Development Director, accompanied by the fees as set forth in Chapter 3.44 (Fees), and shall include the following:

  1. All information required under this Title for the filing of a new application for the permit sought to be modified, unless the requirement is waived by the Community Development Director;

  2. A statement explaining the proposed modification and the reason the modification has been requested;

  3. A list of names and addresses of all owners of real property as required by the City, and such additional names and addresses required in order to conform with the notification requirements for processing a permit if the application requires a public hearing;

  4. Such additional information as shall be required by the Community Development Director.

• C. Requests for Substantial Conformance.

  1. A substantial conformance is a request for a non-substantial modification of an approved permit which does not change the original approval or the effect of the approval on surrounding property. A substantial conformance may include, but is not limited to, the following:

     • a. Modifications for upgrading facilities;

     • b. Modifications for compliance with the requirements of other public agencies;

     • c. Modifications necessary to comply with the final conditions of approval;

     • d. Modifications to on-site circulation and parking, lighting, fencing or walls (placement and/or height), landscaping and/or signage requirements, provided the modifications, as determined by the Planning Director, will have no adverse effect upon public health, safety, welfare and/or the environment.

  2. Notwithstanding any provision herein to the contrary, an application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act.

• D. Revised Permits. A "revised permit" means a modification of an approved permit which does not change the basic concept or use allowed by the original approval. A revised permit may include, but is not limited to, a significant increase in intensity of the approved use, changes resulting in significant adverse effects, expansion within the approved permit area, and changes to the original conditions of approval, including extensions to the overall life of the permitted use, as determined by the Planning Director.

• E. Processing Procedures.

1. Substantial Conformance. The Planning Director shall approve, conditionally approve or disapprove an application for substantial conformance within 30 days after accepting a completed application and give notice by mail of the decision, including any additional conditions of approval, to the applicant and any other person who has filed a written request for notice.

   • a. The Planning Director's determination shall be based upon the standards of this section and those standards set forth in the ordinance codified in this chapter for the approval of an original application.

   • b. An application for substantial conformance shall not require a public hearing.

   2. Revised Permit. An application for a revised permit shall be approved, conditionally approved or disapproved in accordance with the procedures for processing an original permit, including any requirements for public hearing, notice of hearing, and all rights of appeal. A revised permit shall be subject to the development standards applicable to approval of a new permit.

• F. Approval Period. The approval of an application for substantial conformance or revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by an approved revised permit.

• (Ord. 247, 1/15/2025)

• A. Applicability. An application shall not be accepted or acted upon if within the past one year the City has denied an application for substantially the same project on substantially the same real property, unless the Community Development Director finds one or more of the following circumstances to exist:

  1. New Evidence. There is new evidence that would support approving the project that was not presented during consideration of the application or at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.

  2. Substantial and Permanent Change of Circumstances. There has been a substantial and material change of circumstances since the previous determination that affects the applicant's real property.

  3. Mistake at Previous Hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application.

• (Ord. 247, 1/15/2025)

• A. Conditions for Revocation.

  1. That the use is detrimental to the public health, safety or general welfare, or is a public nuisance;

  2. That the permit was obtained by fraud or perjured testimony;

  3. That the use is being conducted in violation of the terms and conditions of the permit;

  4. That the use for which the permit was granted has ceased or has been suspended for one year or more.

• B. Revocation Procedure. Upon determination by the Director of the Building and Safety Department that grounds for revocation exist, the following procedure shall take effect:

  1. Notice of Revocation. Notice of revocation and a copy of the findings of the Director of the Building and Safety Department shall be mailed by the Director by certified mail to the owner of the property to which the permit or variance applies, as shown by the records of the County Assessor. The decision of the Director of the Building and Safety Department shall be final unless a notice of appeal is timely filed.

  2. Notice of Appeal. Within 10 days following the mailing of the notice of revocation, the owner of the property to which the permit or variance applies may file with the Planning Director a notice of appeal from the decision of the Director of the Building and Safety Department. A notice of appeal shall be accompanied by the filing fee set forth in Chapter 3.44 (Fees). A notice of appeal not accompanied by such fee shall be deemed null and void and shall not be processed.

  3. Setting Hearing—Costs. Appeals shall be heard by the Council. All other appeals, including appeals concerning commercial WECS permits, shall be heard by the Planning Commission. Notice of the time, date and place of the hearing shall be given as provided in Chapter 17.125 (Common Application Processing Procedures). In the event that an appeal is heard by a hearing officer and the owner of the property to which the permit or variance applies does not prevail in the appeal, the owner shall not be obligated to pay any hearing

costs. In the event that an appeal is heard by a hearing officer and the owner of the property to which the permit or variance applies prevails in the appeal, the owner shall not be obligated to pay all hearing costs.

4. Testimony Under Oath. All testimony at the hearing shall be taken under oath.

5. Notice of Decision. Notice of the Planning Commission or Planning Council's decision and a report of the proceedings shall be filed with the City Clerk not later than 15 days following the date the decision is adopted. A copy of the notice and the report shall be mailed to the applicant and proof of such mailing shall be indicated on the original notice filed with the City Clerk. If the Planning Commission or Planning Council does not reach a decision due to a tie vote, such fact shall be reported to the City Council in the same manner and within the same time for reporting decisions and such a failure to reach a decision shall constitute affirmance of the Building Director's revocation of the permit or variance.

indicated on the original notice filed with the City Clerk. If the Planning Commission or Planning Council does not reach a decision due to a tie vote, such fact shall be reported to the City Council in the same manner and within the same time for reporting decisions and such a failure to reach a decision shall constitute affirmance of the Building Director's revocation of the permit or variance.

6. Placement of Matter on Council's Agenda. The City Clerk shall place the notice of decision on the City Council's agenda for the next regular meeting to be held following the lapse of five days after the notice is filed with the Council.

7. Transfer to City Council on Appeal. The revocation or nonrevocation of a permit or variance by the Planning Commission or Planning Council shall be final unless, within 10 days following the matter at which the notice of decision was on the agenda of the City Council, the following occurs:

   • a. An appeal to the City Council is made by the owner of the property which is the subject of the revocation proceedings; or

   • b. The City Council orders the matter transferred to it for further proceedings.

8. Further Proceedings Before City Council. If either of the actions mentioned in subsections (B)(7)(a) and (b) of this section are taken, the City Council may:

   • a. Refuse to review the Planning Commission or Planning Council's decision, in which case the decision shall be final;

   • b. Review a transcript or recording of the testimony and all other evidence introduced before the Planning Commission or Planning Council, and based upon that record, affirm or reverse the decision of the Planning Commission or Planning Council or refer the matter back to the Planning Commission or Planning Council for the taking of further evidence or hearing additional argument in which case notice shall be given to the owner of the property which is the subject of the proceedings; or

   • c. Set the Matter for Hearing Before Itself. At such a hearing the City Council shall hear and decide the matter de novo as if no prior hearing had been held. Notice of the time, date and place of the public hearing shall be given as provided in Section 17.125.070 .

9. Action by City Council. The decision of the City Council on revocation of a permit or variance is final.

• (Ord. 247, 1/15/2025)

• A. Public Improvements. Applicants shall construct public improvements to City standards and shall comply with the requirements set forth in Chapter 16.24 (Improvements), with the following modifications:

  1. Any reference to "tentative map" or "final or parcel map" is replaced with "land use entitlement;" and

  2. Any reference to "subdivider" is replaced with "applicant."

• B. Security. Applicants are required to guarantee the construction of public improvements by executing an improvement agreement secured by a bond or cash deposit before issuance of a building permit for the subject property. If the building permit is not exercised, the improvement obligation shall terminate, and the security shall be returned. The City Engineer is authorized to execute agreements on behalf of the City. The improvement agreement and security shall comply with the requirements set forth in Chapter 16.56 (Security for Improvements and Taxes) with the following modifications:

  1. Any reference to "subdivision improvement agreement" is replaced with "improvement agreement;"

  2. Any reference to "subdivider" is replaced with "applicant;"

  3. The reference in Chapter 16.56 (Security for Improvements and Taxes) to agreements being executed by "those parties executing the final or parcel map" shall be replaced with "the applicant;" and

  4. The reference in Chapter 16.56 (Security for Improvements and Taxes) to "final tract map, parcel map waiver, lot line adjustment, or lot merger" is replaced with "land use entitlement."

• C. Deferrals of Public Improvement Requirements. Any required frontage improvements may be deferred when deemed appropriate by the City Engineer. Deferral shall be allowed only when the City Engineer finds that construction is impractical due to physical constraints. When improvements are deferred, the applicant shall enter into an agreement with the City for the installation of all frontage improvements at a future date as determined by the City Engineer. The agreement shall be approved by the City Attorney. The agreement shall provide for the following:

  1. Construction of required improvements shall begin within 90 days of the receipt of notice to proceed from the City Engineer;

  2. In the event of default by the applicant or successors, the City is authorized to cause the construction to be done and charge the entire cost and expense to the applicant or successors, including interest from the date of notice of the cost and expense until paid;

  3. The agreement shall be recorded with the county recorder, at the expense of the applicant, and shall constitute:

     • a. Notice to all successors of title to the real property of the obligation, and

     • b. A lien in an amount to fully reimburse the City for the cost of constructing the improvements, including interest as outlined above, subject to foreclosure in the event of default in payment;

4. In the event of litigation caused by a default of the applicant or successors, the applicant or successors agree to pay all costs involved, including reasonable attorney's fees, which shall become a part of the lien against the real property;

   5. The term "applicant" shall include not only the present owner but also heirs, successors, executors, administrators, and assigns, with the intent that the obligations undertaken shall run with the real property and constitute a lien against it; and

   6. Other provisions deemed necessary by the City Engineer.

• D. Exemption for Expansion of Existing Single-Family Homes.

  1. The following developments shall be exempt from the requirements of this chapter to construct street improvements:

  2. The addition, enlargement, expansion, alteration, extension, reconstruction or replacement of any existing single-family dwelling and/or accessory structure up to a maximum increase in square footage of 25% to the existing dwelling or structure.

     • a. The construction of an accessory dwelling unit up to 1,200 square feet in size.

     • b. The development of non-habitable accessory structure(s) as provided for under Chapter 17.185 (Accessory Structures).

  3. A development that is exempt from the requirement to construct street improvements as provided for in this section shall remain subject to the requirement to provide the City with an irrevocable offer of dedication for the ultimate street right-of-way for any addition, enlargement, expansion, alteration, extension, reconstruction or replacement of an existing single-family dwelling and/or habitable accessory structure regardless of size.

  4. No exemption from the requirement to construct street improvements shall be granted if the City Engineer determines that the lack of street improvements in this case would be a potential danger to the public health, safety, and welfare.

• (Ord. 247, 1/15/2025)