There are various agencies and public officers concerned with the administration and implementation of this chapter. Their powers, duties and procedural rules are described more fully in this code and in the policy statements of the respective departments themselves. To lessen the public's need to search all these sources, the following sections relate to the principal statements and functions of those agencies and persons, with respect to this chapter.

(Prior code § 080.01)

A.

Authority—General. The city planning commission shall advise and recommend to the city council, planning director, municipal departments and agencies with respect to city planning and related activities and legislation. On matters of policy, it shall direct and supervise the planning director in the execution of his or her various powers and duties. It shall perform such other functions as are set forth elsewhere in Chapters 2.32 through 2.40 and Chapter 2.48 of this code, or as specified by ordinance.

B.

The planning commission shall have and exercise the following powers:

1.

To review and determine appeals where it is alleged there is error or abuse of discretion in any order, requirement, decision, interpretation or other determination made by the zoning administrator.

2.

To review and determine such other appeals as may be delegated to it by ordinance.

C.

Authority—Specific. The planning commission has original jurisdiction over the following procedures:

1.

Amendment to change the text of the ordinance.

2.

Change or establishment of zones.

3.

Zone boundary adjustments.

4.

Change or establishment of combination districts.

5.

Change or establishment of planned street lines and building lines.

6.

Uses and structures permitted subject to conditional use permit by the planning commission.

7.

Referrals—Land for public use or disposal.

8.

General plan approval or amendments to the general plan.

9.

Attachment or removal of temporary classifications, (e.g. "T", Tentative Improvement.)

10.

Review of plans subject to architectural review, except as provided in Section 17.16.020, 17.16.030, and 17.56.010(J)f regarding director reviews.

D.

Reserved.

(Prior code § 080.02)

(Ord. No. 1075, § 12, 6-10-15)

The planning director under the direction of the city manager, shall have the following powers and duties, subject to supervision and direction by the city council and planning commission as to matters of policy:

A.

He or she shall prepare the general plan of the city and any extensions and modifications thereto.

B.

He or she shall prepare all proposed zoning regulations and requirements, including the necessary districts or zones in connection therewith, and he shall prepare all maps, charts and diagrams which may be necessary or advisable in the making of such zoning regulations.

C.

He or she shall make investigations and report on the design and improvements of all proposed divisions of land.

D.

He or she shall investigate and make recommendations upon applications for those conditional use permits specified by ordinance for their jurisdiction or any similar administrative determination required by this chapter.

E.

Subject to the provisions of this chapter, he or she shall investigate and make a recommendation upon applications for variances from the regulations and requirements of the chapter.

F.

He or she shall determine, pursuant to procedures and limitations provided in this chapter, the proper classification of those uses not specifically listed in such ordinance.

G.

He or she may adopt such rules as deemed necessary to carry out this Title and which are not in conflict or inconsistent therewith.

H.

He or she may determine by interpretation the status and conditions of nonconformities, or may permit minor extensions under site plan approval or under certain conditions and limitations.

I.

He or she shall have such additional powers and duties as may be imposed upon him by ordinance, or as may be assigned by the city manager.

(Prior code § 080.03)

(Ord. No. 1087, § 1, 5-25-16)

Editor's note— Ord. No. 1087, § 2, adopted May 25, 2016, repealed former § 17.70.040 in its entirety which pertained to the office of zoning administration and derived from prior code, § 080.04.

A.

Initiation. Applications to initiate consideration of planning and zoning matters may be made by a variety of persons or agencies, such as owners, bona fide lessees, the city planning commission or the city council. The specific types of are listed under the applicable procedures.

B.

Applications—Form and Content.

1.

Applications shall be made on a form prepared by the agency having jurisdiction. Additional verified information may also be required in accordance with provisions of this chapter and rules established by the authorized agency.

2.

Applications shall be filed in person at the public counter of the department and must include payment of required filing fees.

C.

Applications—Required Plan or Maps.

1.

Applications may require inclusion of a zoning and land use map plus a verified list of property owners that are shown upon the records of the county assessor to be within the area of required notification. Specific requirements shall be as shown on the application and the requirements of notification.

2.

Sets of plot plans of the property and tentative plans for any proposed building construction or structural changes may also be required. Photographs and other descriptive material are generally recommended.

D.

Withdrawal of Application. Any applicant may withdraw an application at any time, provided the withdrawal is in writing and notification of public hearing has not been mailed. Any public hearing for which notification has been given shall be held, after which the withdrawal in writing of the application may be approved. If the withdrawal is accepted, the application shall be deemed null and void.

E.

Public Hearings.

1.

A public hearing is a session to receive original evidence or testimony on applications regulated by this chapter. These, when required, are held by the planning commission or city council, depending on the type of case involved.

2.

The planning commission and city council meet in regularly scheduled sessions to discuss and rule on planning and zoning matters. At these public meetings, they may hear original evidence or testimony on applications where permitted or not prohibited by this chapter. In such cases, the meeting is also a public hearing.

3.

Public hearings on matters under planning commission jurisdiction are generally conducted by a member of the planning department staff who shall investigate and prepare a report for the commission. The commission may conduct the public hearing if it so elects.

F.

Notification of Public Hearing. A public hearing shall require notification of the time, place and purpose of the hearing in one or more of the ways listed below and as noted by reference under the specific procedure. Written notice provided in the ways listed below shall be provided in English and Spanish, or in such other language as may be required by law. Failure to provide written notice in any language other than English shall not affect the validity of any notice provided hereunder.

1.

Newspaper. by at least one publication in a newspaper of general circulation in the city not less than ten (10) days prior to the date of the hearing.

2.

Written Notice to Applicant and Surrounding Owners. By mailing written notice not less than twelve (12) days prior to the date of such hearing to the applicant and owners of all property within a three hundred-foot radius from the subject property. However, in the case of wireless communication facility applications under Chapter 17.86, the radius shall be five hundred (500) feet. Where seventy-five (75) percent or more of the property within the three hundred-foot or five hundred-foot radius is owned by the applicant, or is in public ownership, notification shall include all adjacent property owners.

3.

Written Notice to Applicant and Adjacent Property Owners. By mailing written notice not less than twelve (12) days prior to the date of such hearing to the applicant and adjacent property owners or other persons on request.

4.

Written Notice for Applications Governing Public Facilities. By written notice to the applicant not less than twelve (12) days prior to the date of such hearing. Additional notice to adjacent or surrounding residents is at the option of the agency having jurisdiction.

5.

Posting. Posting of notification may be required for building line and planned street line procedures or for other cases at the discretion of the responsible agency. Upon written request of the agency having jurisdiction, an agent of the superintendent of public works shall post notices of public hearings not less than twelve (12) days before the event. At least three notices, not more than three hundred (300) feet apart, shall be posted in front of each block or part of a block affected by the public hearing.

6.

Notification of Subsequent Hearings. Notice of subsequent public hearings may be given at each preceding meeting, but additional written notice is not required.

G.

Combined Procedures. The planning commission may hear or consider simultaneously multiple proposals for any matter under its jurisdiction if the procedural questions refer to the same property or to adjoining property under the same ownership.

1.

If in such cases, only one notification of public hearing need be given concerning the proposals and all matters may be considered at one public hearing.

2.

The property owners to be notified shall be the same ones that would be notified if each procedure was handled separately. Where time limits differ, the longer time periods shall govern.

3.

If the planning commission approves either or all of the proposals under consideration, a recommendation or ordinance in conformity therewith shall be presented to the city council for required action or adoption concurrently.

4.

The city council may also hear or consider simultaneously multiple proposals for any matter under its jurisdiction, if the procedural questions refer to the same property or to adjoining property under the same ownership. It is subject to rules of notification similar to those of the planning commission, where applicable.

H.

Procedure for Conduct and Recordation of Public Hearing. Whenever a public hearing is conducted to receive original evidence or testimony, a written report and summary of the pertinent points presented at the hearing or a written determination, where applicable, shall be prepared by the person conducting the hearing.

1.

Oaths. All testimony and statements of fact received at public hearings may be under oath.

(Prior code § 080.20)

(Ord. No. 1026, § 4, 1-12-11; Ord. No. 1176, § 2, 4-28-21)

A.

Findings. Each recommendation or determination shall be supported by written findings showing specifically how the recommendation or determination meets the criteria and requirements set forth in this chapter.

B.

Record and Notice of Determination. The written findings and determination shall be attached to the file. A copy of the determination shall be mailed or delivered to the applicant, and where applicable to the building department. Additional copies may be sent to other interested parties on request.

(Prior code § 080.21)

Failure to act by the planning commission within the specified time periods shall include a tie vote, inability to obtain a quorum, inability to obtain three concurring votes, nonperformance, or refusal to take action.

(Prior code § 080.22)

A.

Procedure—Appeal.

1.

An appeal shall stay all proceedings in furtherance of the action appealed from, pending its determination.

2.

Before granting an appeal in whole or in part, the appeal body shall make written findings. First, setting forth specifically wherein there was error or abuse of discretion in the original determination; and secondly, making those findings required to support any new or revised determination of the matter. A determination on appeal shall be a de novo hearing based upon the evidence and testimony introduced at any previous hearing or hearings and the subsequent record, findings and recommendations or determinations.

3.

If the appeal body fails to render a decision, the prior decision made at the lower level shall be the final decision.

B.

Time Limit—Applicant's Filing of Appeal. Any valid appeal shall be filed by the applicant within fifteen (15) days after the date on which the decision being appealed was rendered, except that when the final day for filing an appeal falls on a Saturday, Sunday or legal holiday, the time for filing such appeal shall be extended to the close of business on the next succeeding working day.

C.

"Call-Up" Appeal Procedure. Not later than fifteen (15) days after the date on which the decision being appealed was rendered, the city council or planning commission may "call-up" an action and decide to hear it on appeal, if it is the next direct level of appeal for a particular matter. "Calling-up" an action for appeal shall not require an application from the applicant, but shall require the written direction of at least two members of the city council or planning commission, whichever is applicable. Upon receipt of such written direction, staff shall process the appeal in the same way as an applicant-filed appeal.

(Prior code § 080.23)

(Ord. No. 1087, § 3, 5-25-16; Ord. No. 1220, § 2(Exh. A), 2-26-25)

For the purpose of determining time limits applicable to procedures for appeal or transfers of jurisdiction, the last day of the prescribed period for filing the appeal or request shall be considered to be the first day of the proceedings.

(Prior code § 080.24)

A.

All matters governed by this chapter shall substantially conform to the purposes, intent or provisions of the general plan. If any action of the planning commission or city council does not conform to the general plan, the recommendations and findings of the commission or council must contain valid reasons based upon sound planning and zoning principles and practices, for not conforming therewith.

B.

Proposed zone changes have considerable potential influence on the effectuation of the general plan. Any recommendations for such changes if found to be not in conformance with the general plan and its phasing, should not be permitted unless it is also found in writing wherein the general plan is in error or in need of change.

C.

Long-Term Zone Districts—Conservation. To ensure the effectuation of the general plan, the city council may designate by ordinance, following recommendations by the planning commission, specific areas of the city where changes of zone from one classification to another classification of greater intensity shall not be permitted for a period of at least twenty (20) years. Such districts shall be subject to review at the call of the city council, every five years.

(Prior code § 080.25)

A.

All land or territory annexed to the city after the effective date of the ordinance codified in this chapter shall be immediately classified in the R-E zone unless the city council specifically determines otherwise by ordinance. The council may establish specific zoning by ordinance for land or territory to be annexed. Such an ordinance may be adopted concurrently with the annexation. Unless such specific zoning is established by ordinance, the zoning map shall be amended so as to indicate what land or territory is annexed as R-E, without additional proceedings.

B.

Any land or territory in the city which is not indicated on the zoning map as being in any zone, shall be construed as being classified in the same zone as that existing on the side of the street opposite said land or territory, and the zoning map is amended to indicate said zone without additional procedure.

C.

Where uncertainty exists as to the zone indicated on the map, such zone shall be determined by the planning commission by written decision.

(Prior code § 080.26)

(Ord. No. 1220, § 2(Exh. A), 2-26-25)

A.

A minor modification permit is to provide for minor deviations from specific development standards of any zoning district.

B.

Applicability. A minor modification permit may be approved by the planning director for deviations from a numerical development standards of any zoning district of up to ten (10) percent except deviations from residential front yard hardscape coverage standards. Up to four modifications per parcel shall be allowed and any minor modification decisions shall be reported to the planning commission and are subject to "call-up" appeal procedure.

C.

Approving Authority. Minor modifications shall be administratively reviewed by the planning director unless combined with another application which requires approval by the planning commission or city council. The director may deny or approve the minor modification with conditions to protect the surrounding area.

D.

Required Findings. The following findings shall be made by the decision-making authority prior to approval of a minor modification permit:

1.

The proposed project will not be in conflict with, but will be in harmony with and in accordance with the objectives of the general plan.

2.

The proposed project complies with the zoning regulations.

3.

Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

4.

Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to properties or improvements in the vicinity.

5.

The proposed project is located, designed, constructed, operated and maintained so as to be compatible with the existing or intended character of the general vicinity and shall not change the essential character of the same area.

E.

Appeals. Appeals to decision of minor modifications shall be reviewed pursuant to Section 17.70.080.

(Prior code § 080.65)

(Ord. No. 1087, § 4, 5-25-16; Ord. No. 1220, § 2(Exh. A), 2-26-25)

Projects shall be developed in conformity with project approvals. If the applicant wishes to modify the project, as approved, the applicant shall submit revised plans and any other applicable information to the city for review by the planning director. The director shall make one of the following determinations regarding the request:

1.

Minor Modifications. If the director determines that the modifications are minor the modification may be approved administratively.

2.

Significant Modifications. If the director determined that the modification is significant to warrant discretionary review then the modifications shall be referred to the final decision-making authority for the original project. Changes to original project conditions of approval added or modified by the decision making authority during the original project approval shall be considered significant modifications and require discretionary review by the final decision-making authority.

(Ord. No. 1220, § 2(Exh. A), 2-26-25)