This chapter establishes procedures for the preparation, filing, and processing of permits required by the zoning code. The term "permit" when used in this chapter refers to any action, permit, or approval listed in Table 18.100-1 (Review and Decision-Making Authority).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Pre-Application Conference.

1.

The city encourages prospective applicants to request a pre-application conference with the development services department before completing and filing a permit application.

2.

The purpose of this conference is to:

a.

Inform the applicant of city requirements as they apply to the proposed project;

b.

Inform the applicant of the city's review process;

c.

Identify information and materials the city will require with the application, and any necessary technical studies and information relating to the environmental review of the project; and

d.

Provide guidance to the applicant of possible project alternatives or modifications.

3.

The pre-application conference and any information provided to prospective applicants by city staff shall not be construed as a recommendation for approval or denial of an application.

4.

Failure by city staff to identify all permit requirements shall not constitute a waiver of those requirements.

B.

Application Contents.

1.

All permit applications shall be filed with the development services department on an official city application form.

2.

Applications shall be filed with all required fees, information, and materials as specified by the development services department.

C.

Eligibility for Filing.

1.

An application may only be filed by the property owner or the property owner's authorized agent.

2.

The application shall be signed by the property owner or the property owner's authorized agent if written authorization from the owner is filed concurrently with the application.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Fee Schedule. Fees required to process permit applications are identified in the planning division fee schedule approved by the city council.

B.

Requirement of Payment.

1.

The City may deem an application complete and begin processing the application only after all required fees have been paid.

2.

Failure to pay any required supplemental application fees is a basis for denial or revocation of a permit application.

C.

Refunds and Withdrawals.

1.

Application fees cover city costs for public hearings, mailings, staff and consultant time, and the other activities involved in processing applications. Consequently, the city will not refund fees for a denied application.

2.

In the case of an application withdrawal, the community development director may authorize a partial refund of a deposit account based upon the pro-rated costs to date and the status of the application at the time of withdrawal.

3.

Flat fees submitted in conjunction with a permit application are non-refundable.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Review for Completeness.

1.

Initial Review. The development services department shall review each application for completeness and accuracy before it is accepted as being complete and officially filed.

2.

Basis for Determination. The development services department's determination of completeness shall be based on the city's list of required application contents and any additional written instructions provided to the applicant in a pre-application conference and during the initial application review period.

3.

Notification of Applicant. Within thirty days of application filing, the development services department shall inform the applicant in writing that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information is required.

4.

Appeal of Determination. When the development services department has determined that an application is incomplete, and the applicant believes that the application is complete or that the information requested by the development services department is not required, the applicant may appeal the development services department's determination in compliance with Chapter 18.112 (Appeals).

5.

Submittal of Additional Information.

a.

When the development services department determines that an application is incomplete, additional required information shall be submitted in writing.

b.

Resubmitted information shall be subject to a new thirty-day period of review for completeness.

6.

Environmental Information. After the development services department has accepted an application as complete, the department may require the applicant to submit additional information for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Concurrent Filing. An applicant for a development project that requires the filing of more than one application (e.g., zoning map amendment and a conditional use permit) shall file all related applications concurrently unless the concurrent filing requirements are waived by the community development director.

B.

Concurrent Processing. The development services department shall process multiple applications for the same project concurrently. Projects requiring multiple permit applications shall be reviewed and acted upon by the highest review authority designated by the zoning code for any of the applications (e.g., a project requiring a zoning map amendment and a conditional use permit shall have both applications decided by the city council, instead of the planning commission acting on the conditional use permit).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Staff Evaluation. The development services department shall review all permit applications to determine if they comply with the zoning code, the general plan, and other applicable city policies and regulations.

B.

Staff Report. For all permit applications requiring review by the planning commission or city council, the development services department shall prepare a staff report describing the proposed project and including, where appropriate, a recommendation to approve, approve with conditions, or deny the application.

C.

Report Distribution. Staff reports shall be furnished to the applicant at the same time as they are provided to the review authority before action on the application.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

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

1.

The proposed project is exempt from the requirements of CEQA;

2.

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

3.

A Negative declaration (ND) may be issued;

4.

A Mitigated negative declaration (MND) may be issued;

5.

An Environmental impact report (EIR) is required; or

6.

A previously prepared ND/MND or EIR may be used.

B.

Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents shall be in compliance with CEQA and any adopted City CEQA Guidelines.

C.

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

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Response Required. If an applicant does not pay required supplemental fees or provide information requested in writing by the development services department within nine months following the date of the letter, the application shall expire and be deemed withdrawn without any further action by the city.

B.

Resubmittal. After the expiration of an application, future city consideration shall require the submittal of a new complete application and associated filing fees.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

When the zoning code requires a noticed public hearing, the city shall provide notice of the hearing in conformance with Government Code Section 65090 et. seq. and as described in this section.

A.

Content of Notice. Notice of a public hearing shall include all of the following information, as applicable.

1.

Hearing Information. The date, time, and place of the hearing; the name of the hearing body; and the phone number, email address, and street address of the development services department where an interested person could call or visit to obtain additional information.

2.

Project Information. The name of the applicant, the city's file number assigned to the application, a general explanation of the matter to be considered, and a general description of the location of the subject property.

3.

Statement on Environmental Document. A statement that the proposed project is determined to be exempt from the California Environmental Quality Act (CEQA), or that a negative declaration, mitigated negative declaration, or environmental impact report has been prepared for the project. The hearing notice shall state if the hearing body will consider approval of the CEQA determination or document prepared for the proposed project.

4.

Zoning Map Amendments. On-site public notices posted for proposed zoning map amendments shall consist of the words "notice of proposed change of zone" printed in plain type with letters not less than one and one-half inches in height.

B.

Method of Notice Distribution. Notice of a public hearing shall be given at least ten days before the hearing date using the methods required by Government Code Section 65091.

1.

Mailing. Where required, notice shall be mailed or delivered at least ten days before the scheduled hearing to the following recipients:

a.

Project Site Owners and the Applicant. The owners of the subject property or the owner's authorized agent, and the applicant.

b.

Adjacent Property Owners. The owners of the real property located within a radius of three hundred feet from the exterior boundaries of the subject property.

c.

Local Agencies. Each local agency expected to provide roads, schools, sewerage, streets, water, or other essential facilities or services to the subject property, whose ability to provide those facilities and services may be significantly affected.

d.

Persons Requesting Notice. Any person who has filed a written request for notice with the development services department.

e.

Other Persons. Any other person, whose property, in the judgment of the development services department, might be affected by the proposed project.

2.

Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with Paragraph 1 above is more than one thousand, the development services department may provide notice by placing a display advertisement of at least one-eighth page in one or more local newspapers of general circulation at least ten days prior to the hearing.

3.

Additional Notice. In addition to the types of notice required above, the development services department may require additional notice as determined necessary or desirable by the community development director.

4.

Failure to Receive Notice. The validity of the hearing shall not be affected by the failure of any resident, property owner, or community member to receive a mailed notice.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

For administrative use permit and minor exception applications reviewed by the community development director, public notice shall state that the city is considering the application and that the community development director will hold a public hearing for the application only upon receiving written request for a hearing by a specified date.

B.

If the city receives a request for a public hearing by a specified date, the community development director shall hold a noticed public hearing on the application consistent with this chapter.

C.

If no request for a public hearing is received by the specified date, the community development director shall act on the application without a public hearing.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

After the completion of any environmental document required by the California Environmental Quality Act (CEQA), and a development services department staff report, a matter requiring a public hearing shall be scheduled on the next available agenda reserved for public hearings, but no sooner than any minimum time period established by state law.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

General. Hearings shall be conducted in a manner consistent with the procedures adopted or endorsed by the hearing body.

B.

Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given, unless the required quorum of hearing body members is not present.

C.

Continued Hearing. Any hearing may be continued from time to time without further notice, provided that the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

D.

Motion of Intent. The hearing body may announce a tentative decision, and defer action on a final decision until appropriate findings and conditions of approval have been prepared.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

After a public hearing resulting in a recommendation to another hearing body, the recommendation shall be forwarded to the other hearing body.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Date of Action. With the exception of appeals to the city council, the hearing body shall take action on the matter being considered following the close of the public hearing. The hearing body shall also take action on projects within the following timeframe as required by the California Environment Quality Act (CEQA):

1.

Within sixty days of the date a negative declaration or mitigated negative declaration has been adopted for project approval, the city shall take action on the accompanying discretionary project.

2.

Within one hundred eighty days from the date the decision-making authority certifies a final environmental impact report (EIR), the city shall take action on the accompanying discretionary project.

B.

Decision.

1.

The hearing body may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or make a motion of intent and continue the matter to a later meeting agenda.

2.

At the conclusion of a hearing conducted by the community development director, the community development director may choose to refer the matter to the planning commission for review and final decision. Referral to the planning commission may be chosen in cases of unusual public sensitivity, controversy, or complexity relating to the requested approval.

C.

Notice of Decision.

1.

Following a final decision, the development services department shall provide notice of the final action to the applicant and to any person who specifically requested notice of the final action.

2.

Notice of a final action shall contain applicable findings, conditions of approval, reporting and monitoring requirements, and the procedure for appeal of the decision.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The review authority may attach conditions of approval to a permit application to achieve consistency with the general plan, zoning code, and any applicable specific plan or area plan adopted by the city council.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

City Council Decision. A decision of the city council is final and shall be effective on the date the decision is rendered.

B.

Other Decisions. The decision of the community development director or planning commission is final and effective after five p.m. on the tenth day following the date the decision is rendered, when no appeal to the decision has been filed in compliance with Chapter 18.112 (Appeals).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2341 N.S., § 15, 2-15-2023)

Permits shall not be issued until the effective date, provided that no appeal of the review authority's decision has been filed in compliance with Chapter 18.112 (Appeals).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Compliance. All work performed under an approved permit shall be in compliance with the approved drawings and plans and any conditions of approval imposed by the review authority.

B.

Changes. Changes to an approved project shall be submitted and processed in compliance with Section 18.104.200 (Changes to an Approved Project) below.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Security Required. The community development director may require an applicant to provide adequate security to guarantee the proper completion of any approved work or compliance with any conditions of approval.

B.

Form of Security. The security shall be in the form of cash, a certified or cashier's check, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the city.

C.

Amount of Security. The community development director shall determine the amount of the security necessary to ensure proper completion of the approved work or compliance with any conditions of approval.

D.

Duration of Security. The security shall remain in effect until all work has been completed and conditions fulfilled to the satisfaction of the community development director or until a specified warranty period has elapsed.

E.

Release of Security. The security deposit shall be released upon completion of the approved work or compliance with any conditions of approval.

F.

Failure to Comply.

1.

Upon failure to complete any work or comply with conditions, the city may complete the work or fulfill the condition, and may collect from the applicant or surety all costs incurred, including administrative, engineering, legal, and inspection costs.

2.

Any unused portion of the security shall be refunded to the funding source.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

An approved project shall be established only as approved by the review authority, except when changes to the project are approved in compliance with this section.

A.

Request for a Change. An applicant shall request desired changes in writing, and shall submit appropriate supporting materials and an explanation for the request.

B.

Notice and Hearing. If the original approval required a noticed public hearing, a noticed public hearing is required for the requested change, except as allowed by subsection C (Minor Changes).

C.

Minor Changes. The community development director may authorize minor changes to an approved project if the changes comply with all of the following criteria:

1.

The requested changes are consistent with the zoning code.

2.

The requested changes are consistent with the spirit and intent of the original approval.

3.

The requested changes do not involve a feature of the project that was a basis for findings in a negative declaration, mitigated negative declaration, or environmental impact report for the project.

4.

The requested changes do not involve a feature of the project that was a basis for conditions of approval for the project.

5.

The requested changes do not involve a feature of the project that was a specific consideration by the review authority in granting the approval.

6.

The requested changes do not involve any expansion, intensification, or increase in size of the land use or structure.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Expiration of Permit.

1.

A permit not exercised within two years shall expire and become void, except where an extension of time is approved as allowed by Subsection C (Extension of Time) below.

2.

A permit shall expire and become void if the permitted land use ceases for one year or longer.

B.

Exercised Defined. A permit or approval shall be considered exercised when:

1.

A building permit is issued and construction has commenced;

2.

A certificate of occupancy is issued; or

3.

The land use is established.

C.

Extension of Time. The community development director may approve extensions to a permit in the following manner:

1.

The community development director may approve up to two two-year extensions (four years total) to a permit.

2.

The applicant shall submit to the development services department a written request for an extension of time no later than ten days before the expiration of the permit.

3.

The community development director may extend the permit if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the permit in a timely manner.

4.

The burden of proof is on the applicant to demonstrate that the permit should be extended.

5.

The community development director may choose to refer any extension of time requests to the planning commission for review and final decision.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Resubmittals Prohibited. For a period of twelve months following the denial or revocation of a permit, the city shall not accept an application for the same or substantially similar permit for the same site, unless the denial or revocation was made without prejudice, and so stated in the record.

B.

Determination. The community development director shall determine whether the new application is for a permit which is the same or substantially similar to the previously denied or revoked permit.

C.

Appeal. The determination of the community development director may be appealed to the planning commission, in compliance with Chapter 18.112 (Appeals).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Permits issued in compliance with the zoning code remain valid upon change of ownership of the site, structure, or land use that was the subject of the permit application.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Any discretionary permit may be revoked as provided for in this section.

A.

Review Authority.

1.

A permit may be revoked by the review authority which originally approved the permit.

2.

In instances where the community development director was the approval authority, the community development director may choose to refer any action to revoke a permit to the planning commission for review and final decision.

B.

Property Owner Notification. Prior to initiating proceedings to revoke a permit, the community development director shall notify the property owner of the permit violations, identify necessary corrections, and establish a reasonable period within which the property owner shall correct the violations. If the property owner has not corrected the violation within the specified period of time, the city may proceed with the process to revoke the permit.

C.

Public Notice and Hearing. Public notice and hearing for any action to revoke a permit shall be provided in compliance with Section 18.104.090 (Notice of Hearing).

D.

Findings. The review authority may revoke a permit only if one or more of the following findings can be made:

1.

The applicant or property owner has altered the circumstances under which the permit was granted to a degree that one or more of the findings required to grant the original permit can no longer be made.

2.

Permit issuance was based on misrepresentation by the applicant, either through the omission of a material statement in the application, or in public hearing testimony.

3.

One or more conditions of approval have been violated, or have not been complied with or fulfilled.

4.

The use or structure for which the permit was granted no longer exists or ceases for a continuous period of at least twelve months.

5.

The applicant or property owner has failed or refused to allow inspections for compliance.

6.

Improvements authorized by the permit are in violation of the zoning code or any law, ordinance, regulation, or statute.

7.

The use or structure is being operated or maintained in a manner which constitutes a nuisance.

E.

Effect of Revocation. The revocation of a permit shall have the effect of terminating the approval and denying the privileges granted by the permit.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)