This title shall be administered by the Planning Manager under the policy direction of the Council, working with the Planning Commission and Design Committee, as the duties of each are described by this chapter.

The Planning Manager shall have the responsibility and authority to administer this title. The responsibilities of the Planning Manager may also be carried out by Planning Division employees under the supervision of the Planning Manager. The Planning Manager shall have authority to make interpretations and take actions on permits and certificates as set forth in this title. The Planning Manager shall also have the authority to refer projects to the Design Committee or Planning Commission, as outlined in Chapter 19.74 (Permit and Variance Requirements).

The Planning Commission shall have the authority to perform the duties and functions delegated by the City Council as set forth in this title. The Planning Commission shall have authority to act on permits and variances as set forth in Chapter 19.74, and to act on such other permit and variances as the Council may delegate from time to time. The Commission shall also make recommendations to the Council on amendments to this title and adoption of development agreements.

A Zoning Clearance Certificate verifies conformance with all current requirements of this title and, if applicable, the terms and conditions of any previously approved permit or variance.

A zoning clearance certification shall be required prior to the issuance of a building permit for a parcel, prior to the initiation of a home occupation as provided in Chapter 19.42 (Home Occupations), prior to the installation of outdoor seating as provided in Chapter 19.52 (Outdoor Restaurant Seating), prior to initiation of a temporary use as provided in Chapter 19.64 (Temporary Uses), at the request of any person for verification by the Planning Division of the zoning standards for any parcel located within the City, as otherwise required by this title or the Downtown Code, or prior to the following multi-family and non-residential projects:

In addition to any other approval required by this Code or by applicable law, the following discretionary approvals may be required:

A permit normally processed administratively, that is processed with a permit or variance, shall be reviewed by the public hearing Approving Authority for the permit or variance.

Whenever a proposed development or use requires the issuance of more than one permit or variance, the applicable processing requirements of this chapter shall apply simultaneously.

The purpose of this chapter is to address the processing of an application for a permit or variance from the time it is submitted to the Planning Division, including acceptance as complete, through issuance of the permit or approval of the variance. This chapter also addresses the process for modifying and extending permit approvals.

An application for a permit, variance, a permit modification or extension, or other approvals required by this title shall be submitted to the Planning Division on an application form provided by the Planning Division, and shall include the consent of the lawful owner of record, fees as established by the City Council, plans, maps, and any information required by the department. Approvals granted for an application which was submitted containing false or inaccurate information which the applicant knew or should have known, was false or inaccurate, shall be declared null and void and subject to immediate revocation.

A permit application may be filed by:

Every application for a permit shall include the following information:

The department shall review all applications for compliance with the submittal requirements. In order to be accepted for processing, an application shall include the required application, filing fees, and plans as defined in Chapter 19.76. Applications submitted without the required information are not required to be accepted for processing.

The applicant for any permit that is subject to the approval of the Design Committee, Planning Commission, or the City Council shall erect a public notification sign or signs on the project site as required by this section. The sign(s) shall be erected within 60 days after the submission of an application. An application shall not be deemed complete by City staff unless the required sign(s) have been erected. The sign(s) shall comply with the following criteria:

Upon receipt of an application, the department shall refer copies of the application to any City department, local, State or Federal agency or other individual or group that the department believes may have relevant authority or expertise on the proposed project.

Upon completion of the project referral, and prior to accepting an application as complete, the Planning Manager shall determine whether a project evaluation meeting (PEM) is needed. If it is determined a PEM is needed, a PEM will be scheduled with the applicant and all City departments and agencies having jurisdiction or providing services to the project site. The purpose of the meeting is to discuss:

Within 30 days of the application submittal, a determination shall be made whether or not the application is complete. Upon completion of the referral period or the PEM, when a PEM is held, a letter shall be sent to the applicant finding that all the submittal requirements have been satisfied and that the application has been accepted as complete, or itemizing any information which is necessary to complete the application. The letter shall also address areas in which the submitted plans are not in compliance with City standards and requirements. The applicant may appeal the determination pursuant to Chapter 19.80 that additional information is necessary to the Approving Authority for the permit requested. If additional information is required and the application is not made complete within six months of application submittal, then the application shall be deemed withdrawn and no action will be taken on the application.

Permits which require approval of an amendment to this title, the General Plan or a specific plan shall be processed concurrent with the legislative action, but the application for such permits shall not be deemed to be complete unless and until the legislative action becomes effective.

Upon acceptance of the application as complete, the Planning Division shall conduct an initial study pursuant to CEQA to evaluate the environmental impacts associated with the proposed project. The Planning Division shall then prepare and circulate for public distribution the appropriate environmental document.

Public notice shall be given in accordance with Chapter 19.78. A written report and recommendations for action shall be prepared by the Planning Division, and shall be mailed or delivered to the Approving Authority, the property owner and the applicant not less than three days prior to the public hearing or action on the application.

The Approving Authority, as required by Section 19.78.020, shall approve, conditionally approve, or deny the proposed permit or variance in accordance with the requirements of this title. In acting on a permit or variance, the Approving Authority shall make the applicable findings set forth in Chapter 19.78. An action of the Approving Authority may be appealed in accordance with the appeal procedures set forth in Chapter 19.80.

Within two working days of the action by the Approving Authority, a notice of action shall be mailed to the applicant at the address appearing on the application or to such other address designated in writing by the applicant. The notice shall contain the following information:

An action which approves or denies a permit or variance, or which modifies or revokes a permit or variance or denies an application for modification or revocation of a permit or variance, which is subject to appeal shall be effective upon the expiration of the 10-day appeal period. No action shall be final until all appeal periods have expired, or until the final action on appeal has been rendered pursuant to this title.

The approval of a permit or variance authorizes the applicant to proceed with the proposed project upon the effective date of the permit, subject to all conditions or restrictions imposed by the Approving Authority; provided, however, that all other permits, licenses, certificates and other grants of approval to which the proposed development project is subject must be secured before the development or use may be commenced.

No person shall obtain any right or privilege to use property for any purpose or in any manner described in an application for a permit or variance, or a modification thereof, unless and until the decision granting the permit or variance or modification becomes effective.

Any approvals ranted pursuant to this chapter shall be tolled, and shall not expire, during the time that any or all such approvals are, or were, the subject of a lawsuit pending in a court of competent jurisdiction.

Following the effectuation of the permit, the completion of the project shall be diligently pursued. If, in the judgment of the Planning Manager, the project is not being diligently pursued to completion, the Planning Manager may require the applicant to submit a schedule for completion of construction. If in the opinion of the Planning Manager, the schedule for completion of construction does not demonstrate compliance with the conditions of approval, the Planning Manager may initiate revocation or modification proceedings as specified in Chapter 19.88.

For projects that involve construction in phases, the time periods for the phases may be stated in the conditions of the permit so as to avoid a lapse of progressive development following the completion of the preceding phase.

Any person holding a permit granted under this title may request a modification to that permit. For the purpose of this section, the modification of a permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit. Requests of modification shall be processed as follows:

If there are any new or different facts, circumstances, or law which could not have been presented at the hearing on the application and which may affect the action taken, the Approving Authority may reconsider such action, if a request for reconsideration, along with the fee established by the City Council, is filed with the Planning Division within 15 days following the date of the action. The requested reconsideration shall be subject to a public hearing and notice of such hearing shall be given as specified in Chapter 19.78. The failure of the applicant to present information which was available at or prior to the original action is not grounds for reconsideration.

No application shall be accepted or acted upon, if within the preceding 12 months, an application has been made and denied by an Approving Authority which involves substantially the same parcel and which requests approval of substantially the same permits, unless the Planning Manager permits such reapplication because either of the following applies:

The period within which effectuation of a permit must occur may be extended by the Planning Manager's approval of an Extension (EXT). An application for such an extension shall be filed pursuant to this chapter.

The Planning Manager may grant an extension for a permit which has been approved but has not been effectuated. The approval of an extension extends the expiration date for a minimum of one year from the original permit date except for major permits. The permit as extended, may be conditioned to comply with any development standards which may have been enacted since the permit was initially approved. The extension shall be granted if the findings specified in Section 19.78.060(D) are made. Any extension may require a public hearing at the discretion of the Planning Manager.

Unless otherwise conditioned, a permit or variance granted pursuant to the provisions of this chapter shall be transferable upon a change of ownership of the site, business, service, use or structure, provided that the use and conditions of the original permit or variance are fully complied with and not modified or enlarged.

The purpose of this chapter is to specify the public notice and hearing process for an application for a permit or variance, and the findings upon which an approval, conditional approval or denial is based.

Type “A.” The public hearing may be waived. Notice of an intent to approve a development entitlement shall be mailed at least 10 days prior to an action to the applicant, the property owner, the owners, as shown on the most recent secured assessor’s roll, of property within 300 feet of the property involved in the application, and all persons who have requested notice, pursuant to Section 19.78.050 of this title. Should a public hearing be requested as a result of the notice, or as otherwise permitted by this title, the Approving Authority shall be as identified in Section 19.74.010 and notice of the public hearing shall be as identified in Type “B.”

Type “B.” Public hearing is required. Notice of the hearing shall be mailed at least 10 days prior to the public hearing to the applicant, the property owner, the owners, as shown on the most recent secured assessor’s roll, of property within 300 feet of the property involved in the application, and each local agency expected to provide water, sewer, streets, roads, schools or other essential facilities or services to the site. Notice shall also be provided to all persons who have requested notice, pursuant to Section 19.78.050 of this title. The radius list for notice of a permit application for an adult establishment shall be expanded as required by Section 19.32.030 of this title. The radius list for notice of a permit application for a nightclub use shall be expanded as required by Section 19.49.040 of this title.

Ten days prior to the public hearing, notice shall also be provided by at least one of the following methods:

Whenever the provisions of Section 19.78.020 permit the waiving of a public hearing, the notice of intent to take action shall contain the following information:

The public notice when a public hearing is required shall contain the following information:

Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the Planning Division. The City may impose a reasonable fee by resolution of the Council for the purpose of recovering the cost of such notification.

The Approving Authority may approve or conditionally approve an application for a permit or variance, as defined in Section 19.74.010, only if all of the following applicable findings, in addition to those findings that are applicable in this title are made.

This chapter identifies the procedures for filing and processing an appeal.

Any person aggrieved by an interpretation or action of the Planning Manager, Design Committee, or Planning Commission, made pursuant to this article, may appeal such action to the appropriate appeal authority, as shown in the following table, by filing a written appeal with the appropriate fee within 10 days from the date of action by the Planning Manager or the Committee’s/Commission’s action. If the 10th day falls upon a weekend or holiday the appeal period shall be extended to the end of the next available business day. All appeals shall be filed with the City Clerk’s office, except appeals of the Planning Manager’s action, which shall be filed at the Planning Division.

The Planning Division shall provide a standard form for the filing of an appeal of the action of the Planning Manager. The appeal shall be filed within 10 days from the date of action and with the Planning Division with such fees as may be established by the City Council. The appeal shall specify the action being appealed and shall state the specific grounds for the appeal. If only certain conditions of an approval are being appealed, the specific conditions shall be identified and the specific grounds for appeal of the conditions shall be specified.

The City Clerk shall provide a standard form for the filing of an appeal of the action of the Design Committee or the Planning Commission. The appeal shall be filed with the City Clerk with such fees as may be established by the City Council. The appeal shall specify the action being appealed and shall state the specific grounds for the appeal. If only certain conditions of an approval are being appealed, the specific conditions shall be identified and the specific grounds for appeal of the conditions shall be specified.

A timely appeal of an action shall stay the effective date of the action, for that portion of the permit or variance being appealed, until the appeal has been acted upon or withdrawn. If only certain conditions are appealed, the effective date of approval shall remain the date of action by the Approving Authority.

The Planning Manager or the City Clerk, as provided above, shall give notice of the appeal authority’s public hearing to consider the appeal at least 10 days prior to the hearing date. The form, content, and method of providing notice shall be consistent with notice Type “B,” Section 19.78.020 of this title.

Such hearing shall be held within 45 calendar days from the last day of the appeal period. The appellant shall not be granted a continuance of the appeal beyond the 45-day period. However, should the appellant be the applicant of the project being appealed or if the applicant agrees to a delayed hearing beyond 45 days, the hearing may be held at a later date.

The Council may refer a matter back to the Approving Authority if the Council finds that there is information that was not made available to the Approving Authority which may have affected the decision. The Approving Authority shall hold a public hearing on the matter within 60 days following the City Council’s date of referral.

The decision of the City Council on an appeal is final, except as allowed under the provisions for reconsideration (Section 19.76.190).

This chapter provides for staged approval of major projects. This allows for the comprehensive review and resolution of site development issues early in the City’s review and approval process for major projects, and provides streamlining for projects which implement the Major Project Permit. The level of required project information detail increases as each stage of approvals/entitlements are granted. It is understood that implementing projects may need to modify the design approved via the Major Project Permit, and the intent of this section is to establish a tiered modification process that grants streamlining to minor or less intensive changes.

This chapter applies to the following major projects that meet one or more of the following criteria:

This chapter is adopted in compliance with the provisions of California Government Code Sections 65864 through 65869.5.

The Planning Manager shall give notice of the City’s intention to consider adoption of a development agreement in conjunction with any other public hearing required by law or this Zoning Ordinance, at least 10 days prior to the hearing date. The form, content, and method of providing notice shall be consistent with notice Type “B,” Section 19.78.020 of this title.

After a hearing by the Planning Commission, which may be held in conjunction with other required hearings for the project including amendments to the general plan, rezonings, subdivision maps, or Conditional Use Permits, the Planning Commission shall make its recommendation in writing to the Council. The recommendation shall include consideration of the following:

Following notice as provided by Section 19.78.020 of this title, the Council shall hold a public hearing. It may accept, modify or disapprove the recommendation of the Planning Commission. The Council shall not approve the development agreement unless it finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan. If the Council approves the development agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development agreement takes effect, the City may enter into the agreement.

Either party may propose an amendment to, or cancellation in whole or in part, of an executed development agreement. If proposed by the developer, the procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into an agreement in the first instance. However, where the City initiates the proposed amendment to or cancellation of the development agreement, it shall first give at least 30 days’ notice to the property owner of its intention to initiate such proceedings in advance of the giving of public notice of hearing.

The City shall review the development agreement every 12 months from the date the agreement is entered into.

Any amendment to this title, which changes the zoning on any parcel or which modifies any provision of this title, shall be adopted in the manner set forth in this chapter.

An amendment of this title may be initiated in any of the following manners:

The Planning Manager shall prepare a written report which shall be mailed or delivered to the Planning Commission and the applicant not less than three days prior to the hearing.

Prior to taking action on a recommendation by the Planning Commission for an amendment, the City Council shall consider the findings of the Planning Commission.

This chapter provides the process for the revocation or modification of any permit, or variance granted under this chapter.

Notwithstanding any other provisions of this title to the contrary, a permit or variance shall cease to be valid, and all rights or privileges granted thereby shall lapse, whenever there becomes final any judgment of a court of competent jurisdiction declaring one or more of the conditions of approval to be void or unenforceable, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions.

A permit or variance may be revoked or modified for cause as provided by the provisions of this section. For purposes of this chapter, the modification of a permit or variance may include the modification of the terms of the permit or variance itself or the waiver, alteration or imposition of new conditions.

The purpose of these provisions is to provide uniform enforcement procedures for the requirements of this title.

It shall be the duty of the Planning Manager to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to or of any building or structure. All departments, officials and public employees vested with the duty or authority to issue permits or licenses shall not issue a permit or license for uses, buildings or purposes in conflict with the provisions of this title and any such permit or license issued in conflict with the provisions of this title shall be null and void. The Planning Manager may delegate enforcement responsibilities to other City employees.

Any building, structure, or landscaping that is set-up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, or any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this title, or failure to comply with any of the conditions of a permit or variance granted under this title is declared to be unlawful. The City Attorney may initiate an action or proceeding to enforce the provisions of this title, as appropriate.

Any property owner, person, firm, or corporation, whether as principal, agent, employee or otherwise, violating any provision of this title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the County Jail for a term not exceeding six months, or by both. The City Attorney in his or her discretion may reduce any violation of this title to an infraction, punishable by a fine of not more than $250.00. Any property owner, person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided herein. Penalties under the administrative enforcement provisions of Chapter 2.52 of this Code may be imposed in lieu of, but not in addition to, penalties imposed by the court for any single violation.

Any building, structure, or landscaping that is set-up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, or any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this title, or failure to comply with any of the conditions of a permit or variance granted under this title is declared to be a public nuisance. The City Attorney may initiate an action or proceedings for the abatement and removal and enjoyment of said public nuisance in the manner prescribed by law, and may take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as shall abate and remove such building or structure, and restrain and enjoin any property owner, person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this title.

The remedies provided for herein shall be cumulative and not exclusive.

The provisions of this chapter are hereby declared to be severable. If any section, sentence, clause, phrase, word, portion or provision of the ordinance codified in this chapter is held invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of the chapter which can be given effect without the invalid portion. In adopting the ordinance codified in this chapter, the City Council affirmatively declares that it would have approved and adopted the ordinance codified in this chapter even without any portion which may be held invalid or unenforceable. If any section, subsection, phrase, or clause of this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter.