Plymouth City Zoning Code
CHAPTER 19
04 APPLICATION PROCESSING
§ 19.04.010 Purpose.
The purpose of this chapter is to establish standard procedures necessary for the clear and consistent processing of land use and planning permits and entitlements, as well as to establish procedures necessary for the efficient processing of planning and development applications and requests.
(Ord. 2014-01 § 1)
§ 19.04.020 Consolidated Review.
Where a proposal involves more than one planning permit or entitlement for the same property, the application shall be reviewed and approved, conditionally approved, or denied by the highest approving authority. For example, a Conditional Use Permit and Design Review are both decided by the Planning Commission. However, when combined with a Zoning Amendment request that requires City Council decision, the Planning Commission shall provide a recommendation for the City Council to make the final decision on all three permits or entitlements together.
(Ord. 2014-01 § 1)
§ 19.04.030 Initiation of Application.
All applications for planning permits and entitlements shall be submitted to the Planning Department with the following materials and are subject to the procedures listed below.
A.
Application Contents. Form shall include applicant signature(s), agent authorization (as appropriate), and property ownership certification. Application form shall be submitted along with:
1.
Any fee or deposit for services based on the entitlement(s) requested as adopted by resolution of the City Council.
2.
Plans, maps, and any other information deemed necessary by the City to provide the approving authority with adequate information to make informed decisions.
3.
Materials listed on the planning permit or entitlement application form related to the requested entitlement(s).
(Ord. 2014-01 § 1)
§ 19.04.040 Application Requirements.
All uses and structures shall be established, maintained, constructed, reconstructed, altered, or replaced in compliance with the following requirements:
A.
B.
Permit and Approval Requirements. Any development or land use approval required by this title must be obtained before it is constructed or otherwise established unless exempt.
C.
Development Standards. All uses and structures must comply with the development standards described in this title, including, but not limited to, Chapters 19.18 (Design Review), 19.56 (Residential and Agricultural Districts), 19.60 (Commercial and Industrial Districts), 19.64 (Public, Institutional, and Open Space Districts) and 19.66 (Overlay Districts). In addition:
1.
No structure shall be erected, maintained, converted, reconstructed, or structurally altered, nor shall any land be used for any purpose if such structure or use is not allowed in the zoning district in which the structure or land is located.
2.
No structure shall be erected, maintained, reconstructed, or structurally altered to exceed the height or envelope or setback limit for the zoning district in which the structure is located.
3.
No lot area shall be reduced or diminished to such an extent that the yard(s) or other open space(s) will be smaller than required by this title.
4.
The required yard and/or open space around a structure or on a vacant parcel shall not be used to meet the yard or open space requirements for any other existing or proposed structure.
5.
Every structure shall be located on a lot as defined by this title.
D.
Legal Parcel. The use of land or the construction of a new structure shall only be permitted on parcels that have been legally created in compliance with Title 16 (Subdivisions) and the Subdivision Map Act as determined by the Director of Engineering Services. Legal nonconforming parcels may be used or developed in compliance with Chapter 19.38 (Nonconforming Uses and Structures).
E.
Development Agreements. All uses and structures shall comply with any applicable Development Agreement approved by the City in compliance with Chapter 19.36 (Development Agreements).
F.
Building Permits and Other Permits. The structures shall comply with the requirements for Building Permits and applicable City, County, regional, special district, State, or Federal permits.
(Ord. 2014-01 § 1)
§ 19.04.050 Determination of Completeness.
A.
Application Completeness. Within 30 days of application submittal, the Planning Director shall determine whether or not the application is complete. The Planning Director shall notify the applicant of the determination that either:
1.
All the submittal requirements have been satisfied and the application has been accepted as complete; or
2.
Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with City standards and requirements.
B.
Application Completeness without Notification. If the written determination is not made within 30 days after receipt, the application shall be deemed complete.
C.
Resubmittal. Upon receipt and resubmittal of any incomplete application, a new 30 day period shall begin during which the Planning Director shall determine the completeness of the application. Application completeness shall be determined as specified in subsection A (Application Completeness).
D.
Incomplete Application. If additional information or submittals are required and the application is not made complete within one year, or some greater period as determined by the Planning Director, of the completeness determination letter, the application may be deemed by the City to have been withdrawn and no action will be taken on the application. Unexpended fees, as determined by the Planning Director, will be returned to the applicant. 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 this chapter.
(Ord. 2014-01 § 1)
§ 19.04.060 Withdrawal of Land Use Application.
The following procedure allows for the withdrawal of applications:
A.
Request. The Planning Director may withdraw any application at the request of the applicant, prior to the final written decision on the entitlement.
B.
Incomplete Applications. See Section 19.04.050.D (Incomplete Application).
C.
Fees Refunded. Fees for withdrawn applications shall be refunded, less the actual costs incurred by the City in processing the application through the date of withdrawal.
(Ord. 2014-01 § 1)
§ 19.04.070 Extension of Land Use Entitlement.
A.
Time Limits. Unless a condition of approval or other provision of this title establishes a different time limit, any permit not exercised within two years of approval shall expire and become void, except where an extension of time is approved pursuant to this section.
B.
Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work as determined by the Planning Director and the Building Official and incurred substantial liabilities in good faith reliance upon such permit(s). 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. Unless otherwise provided, permits that have not been exercised prior to a Zoning Amendment, which would make the permitted use or structure nonconforming, shall automatically be deemed invalid on the effective date of the Zoning Amendment.
C.
Permit Extensions. The approval of an extension extends the expiration date for two years from the original permit date. After this initial permit extension, a final one year extension of time may be granted pursuant to the same process as set forth in this section.
1.
Process. The same approving authority that granted the original permit may extend the period within which the exercise of a permit must occur. Notice and/or public hearing shall be provided in the same manner as for the original permit. An application for extension shall be filed not less than 30 days prior to the expiration date of the permit, along with appropriate fees and application submittal materials.
2.
Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.
3.
Permit Extension Findings. The extension may be granted only when the designated approving authority finds that the original permit findings can still be made and there are no changed circumstances or there has been diligent pursuit to exercise the permit that warrants such extension.
4.
Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit expires.
D.
Permit Expiration for a Closed Business. All permits and entitlements shall expire when a business is closed for more than one calendar year. Approval of new permits and entitlements based on current requirements shall be required prior to any business activity on the site.
(Ord. 2014-01 § 1)
§ 19.04.080 Environmental Assessment.
A.
Completion of Environmental Review. After determination of a complete application, the Planning Director shall review the project as required by the California Environmental Quality Act (CEQA) (Division 13 of the California Public Resources Code). The Planning Director shall consult the State CEQA Guidelines (Division 6 of Chapter 3 of Title 14 of the California Code of Regulations) as necessary. As part of this review, the Planning Director shall determine, and document as appropriate, whether the proposed activity:
1.
Is exempt from CEQA, in compliance with Section 15061 of the State CEQA Guidelines. If exempt, a notice of exemption shall be prepared in compliance with Section 15062, and a notice filed with the Amador County Clerk and, if applicable, with the State Office of Planning and Research. Possible CEQA exemptions include, but are not limited to, the following:
a.
The activity is not a "project" as defined in Section 15378 of the State CEQA Guidelines.
b.
The activity is exempt under the "general rule" that CEQA applies only to projects which have the potential for causing a significant effect on the environment, as specified in Section 15061(b)(3) of the State CEQA Guidelines.
c.
The project/activity qualifies for a "statutory" exemption (Section 15260 et seq., of the State CEQA Guidelines) or a "categorical" exemption (Section 15300 et seq., of the State CEQA Guidelines).
2.
Is adequately addressed through a previously adopted negative declaration or mitigated negative declaration or certified environmental impact report, or other agency environmental review. Previous environmental documents that the Planning Director determines do not adequately address the environmental consequences of a project shall require a formal update and review process, which may require a new environmental document.
3.
Requires formal review consistent with the procedures and standards of CEQA.
B.
Supplemental Application Information for Environmental Review. In addition to the necessary information for review of the project and to deem the application complete, the Planning Director shall require the applicant to submit any additional information needed for completion of the environmental review.
(Ord. 2014-01 § 1)
§ 19.04.090 Pre-Application Conference.
A.
Purpose of Pre-Application Conference. The purpose of the pre-application conference is to acquaint applicants with the requirements of this Code, the General Plan, and other relevant criteria and to have a preliminary discussion about the merits and details of a proposed project. Additionally, this process serves to outline the City's entitlement process, identify possible project alternatives or modifications, identify the information and materials the City will require with the application, and delineate any necessary technical studies and information required relative to the environmental review of the project.
B.
Requirement for Pre-Application Conference. A pre-application conference is required prior to application submittal for quasi-judicial and legislative planning permits and entitlements. Pre-application conferences are not required for administrative decisions made by the Planning Director.
C.
Scheduling of Pre-Application Conference. To schedule a pre-application conference, the applicant shall submit a written request and corresponding materials as required on application forms provided by the Planning Department. The Planning Director shall schedule the pre-application conference with planning staff or with a project review team composed of department and/or agency representatives as appropriate.
D.
Effect of Conference. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application or project by any City staff. Any failure by City staff to identify all required studies or all applicable requirements does not constitute a waiver of those requirements.
(Ord. 2014-01 § 1)
§ 19.04.100 Staff Evaluation and Report.
After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of CEQA. The Planning Director will consult with other departments and committees as appropriate to ensure compliance with all provisions of the municipal code and other adopted policies and plans. The Planning Director will prepare a report to the designated approving authority describing the project, and his or her recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant prior to consideration of the entitlement request. 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. 2014-01 § 1)
§ 19.04.110 Conditions of Approval.
The use of land and the construction of structures authorized by permits or entitlements granted by the City in accordance with the procedures provided by this title shall comply with any applicable conditions of approval imposed by the designated approving authority in approving the permit or entitlement, including any permit or entitlement that was approved prior to the effective date of the ordinance codified in this title or any amendments thereto.
(Ord. 2014-01 § 1)
§ 19.04.120 Revocation of Previously Approved Entitlement.
This section provides procedures for the revocation of previously approved land use entitlements or permits.
A.
Consideration. The approving authority for the original entitlement or permit shall consider the revocation of same entitlement or permit.
B.
Noticed Public Hearing. The decision to revoke an entitlement or permit granted pursuant to the provisions of this title shall be considered at a noticed public hearing. Public notice shall be provided to the permittee of intention to revoke such permits and public hearing shall be conducted pursuant to Section 19.04.150 (Public Hearings).
C.
Findings. A decision to revoke an entitlement or permit may be made if any one of the following findings can be made:
1.
Circumstances under which the entitlement or permit was granted have been changed to a degree that one or more of the findings contained in the original entitlement or permit can no longer be met.
2.
The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing, for the entitlement or permit.
3.
One or more of the conditions of the entitlement or permit have not been substantially fulfilled or have been violated.
4.
The use or structure for which the entitlement or permit was granted has ceased to exist or has lost its legal nonconforming use status.
5.
The improvement authorized in compliance with the entitlement or permit is in violation of any code, law, ordinance, regulation, or statute.
6.
The improvement or use allowed by the entitlement or permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance.
(Ord. 2014-01 § 1)
§ 19.04.130 Transfer of Approval Rights.
Unless stated otherwise in the City's entitlement decision, any approval granted under this title runs with the land and is transferred with ownership of that land. Any conditions, time limits, or other restrictions imposed with a planning permit or entitlement approval shall bind all subsequent owners of the property for which the entitlement was granted.
(Ord. 2014-01 § 1)
§ 19.04.140 Land Use Determinations.
A.
Designated Approving Authority. The approving authority as designated in Table 19.04.140-1 (Approving Authority for Land Use Entitlements) shall approve, conditionally approve, or deny the proposed land use or development permit or entitlement in accordance with the requirements of this title. Table 19.04.140-1 (Approving Authority for Land Use Entitlements) identifies recommending (R) and final (F) authorities for each permit or entitlement. In acting on a permit, the approving authority shall make all required findings. An action of the approving authority may be appealed pursuant to procedures set forth in Section 19.04.160 (Appeals).
B.
Referral to the Planning Commission. At any point in the application review process, the Planning Director may transfer decision-making authority to the Planning Commission at his or her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the Planning Commission shall be considered as a noticed public hearing. A referral to another decision-maker is not an appeal and requires no appeal application or fee.
TABLE 19.04.140-1 APPROVING AUTHORITY FOR LAND USE ENTITLEMENTS | ||||
|---|---|---|---|---|
Type of Permit or Decision | Designated Approving Authority "R" = "Recommending Body" "F" = "Final Decision-Making Body" | Permit Processing | ||
Planning Director | Planning Commission | City Council | ||
Plan Check/Zoning Clearance | F | 19.10.030 | ||
Home Occupation Permit | F | 19.10.040 | ||
Official Code Interpretation | F | 19.10.020 | ||
Similar Use Determination | F | 19.10.050 | ||
Reasonable Accommodation | F | 19.10.060 | ||
Temporary Sign Permit1 | F | 19.16.020 | ||
Sign Permit | F | 19.16.030 | ||
Master Sign Program | R | F | 19.16.040 | |
Creative Sign Permit | R | F | 19.16.050 | |
Temporary Use Permit | F | 19.14.020 | ||
Administrative Use Permit | F | 19.14.030 | ||
Conditional Use Permit | R | F | 19.14.040 | |
Minor Design Review | F | 19.18.040 | ||
Major Design Review | R | F | 19.18.050 | |
Adjustments | F | 19.22.030 | ||
Variances | R | F | 19.22.040 | |
Planned Development | R | R | F | 19.28 |
Prezonings | R | R | F | 19.26.060 |
Zoning Amendment | R | R | F | 19.26 |
Development Agreements | R | R | F | 19.36 |
General Plan Amendments | R | R | F | 19.32 |
Note: | |
1. | The Planning Commission will be the final decision-making body for long-term subdivision directional signs, Section 19.92.110.C. |
(Ord. 2014-01 § 1; Ord. 2024-01, 12/14/2023)
§ 19.04.150 Public Hearings.
A.
Public Hearing Required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for Conditional Use Permits, Variances, Major Design Review, Zoning Code/Map Amendments, Prezonings, Planned Developments, General Plan Amendments, Development Agreements, and Creative Sign Permits considered by the Planning Commission or City Council.
B.
Notice of Hearing. 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 manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing.
1.
Notice of public hearing shall be published in at least one newspaper of general circulation in the City and/or by posting a notice in at least three conspicuous places not more than 300 feet from the project site.
2.
Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current Tax Assessor's records. The radius may be increased as determined to be necessary and desirable by the Planning Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing a notice of at least 1/8 page in one newspaper of general circulation within the City.
3.
Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project.
4.
Notice of the public hearing shall be posted at City Hall.
5.
Notice of the public hearing shall be mailed to any person who has filed a written request for notice.
6.
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 the purpose of 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 which the notice was given.
E.
Hearing Procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed.
(Ord. 2014-01 § 1)
§ 19.04.160 Appeals.
A.
Appeal Authority. Any interested person may appeal any action of the Planning Director or Planning Commission made pursuant to this article to the designated appeal authority listed in Table 19.04.160-1 (Appeal Authority) within 10 days from the date of the action. Actions by the City Council are final and no further administrative appeals are available.
TABLE 19.04.160-1 APPEAL AUTHORITY | ||
|---|---|---|
Approval Authority for Action Being Appealed | Appeal Authority | |
Planning Commission | City Council | |
Planning Director | X | |
Planning Commission | X | |
B.
Filing an Appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within 10 days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by City Council resolution, and submitted to the City Clerk.
C.
City Councilmember Appeal. A majority of the City Council may appeal an action of the Planning Commission. If an appeal is made by the Council, there shall be a presumption applied that the reason for the appeal is that the appealed action has significant and material effects on the quality of life within the City. Notwithstanding subsection B (Filing an Appeal), no other reason need be or shall be stated by the Council and no appeal fee shall be required. There shall be no presumption or inference of bias made because of such an appeal.
D.
Notice and Schedule of Appeal Hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within a reasonable time frame from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 19.04.150 (Public Hearings).
E.
Appeal Hearing and Action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. The action of the appeal authority is final on the date of decision and, unless expressly provided by this chapter, may not be further appealed.
(Ord. 2014-01 § 1)
§ 19.04.170 Reapplications.
An application shall not be accepted or acted upon if within the past 12 months the City has denied an application for substantially the same project on substantially the same real property, unless the Planning Director finds one or more of the following circumstances to exist:
A.
New Evidence. There is new evidence that would support approving the project that was not presented at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.
B.
Substantial and Permanent Change of Circumstances. There has been a substantial and material change of circumstances since the previous hearing that affects the applicant's real property.
C.
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. 2014-01 § 1)
§ 19.04.180 Effective Date.
Generally, the action to approve, conditionally approve, or deny a permit or entitlement authorized by this title shall be effective on the eleventh (11th) day after the date of action, immediately following expiration of the 10 day appeal period. Legislative actions by the City Council (e.g., Zoning Amendment, General Plan Amendment, Specific Plans, and Development Agreements) become effective 30 days from the date of final action and may not be appealed. Permit(s) shall not be issued until the effective date of the required permit.
(Ord. 2014-01 § 1)