This chapter provides procedures and requirements for the preparation, filing, and processing of applications for land use permits and other entitlements required by this Zoning Code.

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).

Table 4-1 (Decision-Making Body) identifies the city official or body responsible for reviewing and making decisions on each type of application, land use permit, and other entitlements required by this Zoning Code.

The Community Development Director may refer any request to the Planning Commission for a decision. Additional fees shall not be charged to the applicant in the event of a Community Development Director's referral.

Table 4-1
Decision-Making Body

Notes:

(1) "Recommend" means that the decision-making body makes a recommendation to a higher decision-making body; "issuance" means that the permit is a ministerial action that is issued by the decision-making body; "decision" means that decision-making body makes the final decision on the matter; "appeal" means that the decision-making body may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 21.62, (Appeals).

(2) A sign permit that meets the minimum requirements of the sign regulations (Chapter 21.30) shall be reviewed and issued by the Community Development Director. Off-site signs, readerboard signs and signs that exceed the minimum requirements of the sign regulations shall be reviewed by the Planning Commission and are appealable to the City Council. Freeway-oriented signs shall be reviewed by the City Council after recommendation by the Planning Commission. Signs for property located within an overlay combining zoning district subject to a Master Use Permit authorized by section 21.14.030.C (Master use permit) are reviewed as a Zoning Clearance.

(3) The decision-making body for a parking modification permit is the decision-making body established for the accompanying land use permit application.

(4) The pre-application process does not replace, but is ancillary to the land use application process and does not result in, nor can the Planning Commission or Community Development Director, render a decision with regard to land use entitlements, and nothing contained in the process precludes either the Community Development Director, Planning Commission or City Council from approving or denying a subsequent formal land use application.

(5) Decision-making authority for Site and Architectural Review Permits and Conditional Use Permits is granted to the Community Development Director for property located within an overlay combining zoning district subject to a Master Use Permit authorized by section 21.14.030.C (Master use permit).

(Ord. 2043 § 1(part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2122, § 1 (Exh. A), 10-20-2009; Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2166, § 2(Exh. C), 5-7-2013; Ord. No. 2169, § 3(Exh. B), 6-4-2013; Ord. No. 2213, § 23, 11-1-2016; Ord. No. 2270, § 16, 3-16-2021; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Applications for land use permits, entitlements, amendments (e.g., General Plan, Zoning Code, and Zoning Map), and other matters pertaining to this Zoning Code shall be filed with the Community Development Department as follows:

A.

Eligibility for filing. An application may be filed by owners of property, lessees authorized by written consent of the owners, or others who have contracted to purchase or lease the property contingent on the acquisition of necessary permits from the city, which application shall be accompanied by a copy of the contract, except as otherwise limited by Section 21.14.030.C.3 (Amendments). Any applicant may be represented by an agent authorized in writing to file on behalf of the applicant;

B.

Application contents. The application shall include the forms provided by the Community Development Director, and all information and materials required by the Community Development Director;

C.

Filing fees. The application shall be accompanied by the processing fees established by the city's schedule of fees and charges, and any additional fees or deposits required by this Zoning Code or the Municipal Code. All fees for new land development, private revitalization, and new occupancy approvals shall cover the costs of permit application processing, permit issuance, and administration;

D.

Refunds.

1.

Recognizing that filing fees cover the city's costs for public hearings, mailing, posting, transcripts, and the staff time required to process applications, no refunds due to a denial are allowed.

2.

In the case of a withdrawal, the Community Development Director may, at the request of the applicant, authorize a partial refund based upon the pro-rated costs to-date and determination of the status of the application at the time of withdrawal.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2213, § 10, 11-1-2016; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

All applications filed with the Community Development Department in compliance with this Zoning Code shall be initially processed as follows.

A.

Review for completeness. The Community Development Director shall review all applications for completeness and accuracy before being accepted as complete, in compliance with Section 21.38.030, (Application filing and fees). The Community Development Director will consider an application complete when:

1.

All necessary application forms, documentation, exhibits, materials, and studies as established by the community development department, have been provided and accepted as adequate;

2.

All necessary fees and deposits have been paid and accepted; and

3.

Any required community meetings have been held.

B.

Notification of applicant. The Community Development Director shall notify the applicant in writing within thirty calendar days of the filing of the application with the Community Development Department that either the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided.

C.

Expiration of application. If the applicant does not provide the information and materials necessary for a pending application to be deemed complete within one hundred eighty calendar days after notification of incompleteness, the application shall be deemed withdrawn. The Community Development Director may grant one one hundred eighty calendar day extension. After expiration of the application and extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of any project on the same property.

D.

Additional information. After an application has been accepted as complete, the Community Development Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 21.38.050 of this chapter.

E.

Community Development Director's determination. If the Community Development Director determines that the application does not support a prima facie right to the granting of the application (e.g., a request for a zoning map amendment or tentative map that could not be granted in absence of a required general plan amendment application, or a request for a conditional use permit allowing a use that is not allowable in the subject zoning district, etc.), the city shall not accept the application.

F.

Not within Community Development Director's scope. In cases where the Community Development Director considers the information identified in the application not to be within the scope of the Community Development Director's review and approval procedure, the applicant shall be so informed before filing, and if the application is filed, and the fees are accepted, the application shall be signed by the applicant acknowledging prior receipt of this information.

G.

Filing date. The filing date of an application shall be the date on which the Community Development Department receives the last fees, submittal, map, plan, or other material required as a part of that application by subsection A of this section.

H.

Referral of application. At the discretion of the Community Development Director, or where otherwise required by this Zoning Code, state, or federal law, any application may be referred to any city department, special district, or other public agency that may be affected by or have an interest in the proposed land use activity.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

CEQA review. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine whether:

1.

The proposed project is not a project as defined by CEQA;

2.

The proposed project qualifies for a statutory or categorical exemption from the provisions of CEQA;

3.

A negative declaration may be issued;

4.

A mitigated negative declaration may be issued; or

5.

An environmental impact report (E.I.R.) shall be required.

B.

Compliance with CEQA. These determinations and, where required, the preparation of E.I.R.'s, shall be in compliance with CEQA.

C.

Special studies required. A special study, paid for in advance by the applicant, may be required to supplement the city's CEQA compliance review.

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).