San Bruno City Zoning Code
CHAPTER 12
78 ZONING ADMINISTRATION
§ 12.78.010 Planning application completion and close out due to inactivity.
A.
A planning application is determined to be complete when all documents, reports, data, maps, fees, and other information prescribed in this Title 12 are submitted and are determined to be adequate to allow the approval body to determine if the required findings can be made.
B.
The community development director or designee may require a new planning application for a project initially determined to be complete if one or more of the following occurs:
1.
The project is significantly revised;
2.
New information or material germane to the project is brought to light, or becomes available, or is required to assess a change, or revision in the proposed project and the information affects the ability of the approval body to make the required findings;
3.
City regulations, policies, or standards are adopted which require substantial revisions in the project.
If the community development director finds that a new planning application is required, and no public hearing has been held on the project, then the application shall be considered withdrawn without prejudice. If a public hearing has been held, the approval body may accept the withdrawal with or without prejudice. |
C.
The community development director shall close out an application, if the information or materials requested in writing by the city to complete the planning application, and the said information or materials have not been submitted to the director within one hundred twenty calendar days. No extensions may be requested under any circumstances. Applications which are closed out are considered to be actions without prejudice, thereby enabling a re-application for a project of the same, or similar nature by any applicant. The re-application shall be subject to all current city fees and codes in effect at the time of re-application.
(Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.78.020 Decision final.
A.
Approvals or Denials. Decisions on all applications on which the community development director or the planning commission may take final action shall become effective ten calendar days after the decision is made unless an appeal is filed as set forth in this chapter. Decisions of the city council, unless otherwise stated, are effective and shall be final on the date city council action is taken. Changes in zoning district classifications and projects requiring changes in zoning district classifications or ordinance amendments shall, however, become effective on the effective date of the rezoning or other ordinance, or on the date of another event if prescribed in the rezoning or other ordinance.
B.
Reapplications. New applications on the same project site for a similar project scope, as determined by the community development director, shall not be accepted for review, if previously denied with prejudice, for a period of one year from the date of the final action. However, the one-year limitation shall not apply if the final decision-making body: (1) waives the limitation after an applicant's written request; or (2) states at the time of decision that the denial is without prejudice.
C.
Covenants and Conditions. Unless otherwise provided, the decisions of the approval bodies shall run with the land. Conditions imposed by the approval bodies on a project are binding upon successors to the applicant.
(Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.78.030 Modifications.
An applicant may submit a planning application for a modification of a previously approved planning application, prior to the issuance of building permits, a certificate of occupancy for the project, or after project completion. The community development director shall determine whether a proposed modification is minor or major.
A.
Minor Modifications. The community development director may approve minor modifications to approved planning applications that are consistent with the original findings approved by the decision-making body and do not substantially alter character-defining design features or operational aspects of a project.
B.
Major Modifications. Major modifications include changes to character-defining design features, one or more substantive changes in approved plans, one or more changes that would make the project inconsistent with original findings made by the decision-making body, or a request for substantive changes in conditions of approval.
Major modifications shall be reviewed by the decision-making body authorized to act on the application type being modified. The decision-making body may include reasonable conditions of approval deemed necessary to make the findings of approval. The decision-making body has the discretion to extend the expiration date of the original application based on the date the major modification is approved.
C.
If additional planning applications are requested in conjunction with a request for a modification, the modification shall be reviewed by the decision-making body possessing the authority for final action for the planning applications.
D.
Appeals shall be as set forth in this chapter.
§ 12.78.040 Planning approval expiration.
Final approval of a planning application shall expire two years from the date of approval, with the following exceptions:
A.
A complete and adequate application for the vertical building permit shall be submitted, accepted, and issued before the expiration date. Building permits issued shall be completed consistent with the adopted Building Code and Chapter 11.34.
B.
Projects with associated subdivision maps that remain in effect or have been extended by mandate of the State Subdivision Map Act or otherwise provided in this title. Those planning approvals remain effective for the term of the subdivision map approval, if required by state law.
D.
Phased development projects shall be subject to timing specified in the project's conditions of approval and/or development agreement.
(Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.78.050 Planning approval extension.
The following extensions to planning approvals are available:
A.
Extensions Required by State or Federal Law. Where state or federal law requires that extension of a planning approval be considered and acted upon by the city, the community development director shall approve an extension if they find that the project complies with the applicable provisions of state or federal law.
C.
The community development director may approve the first application for a two-year extension of a planning approval, as a minor modification to a planning approval. A second two-year extension of a planning approval shall be considered a major modification and shall be reviewed by the decision-making body authorized to act on the planning permit being extended.
1.
Application Required. A planning application is required to be submitted for the extension to be reviewed and acted upon.
2.
Findings Required. In order to approve a time extension, the decision-making body must find all of the following:
3.
Additional Conditions. The decision-making body can add or modify other conditions of approval as part of an extension.
(Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.78.060 Appeals.
An appeal may be made by the applicant or any interested person.
A.
Method. All appeals must be filed prior to the effective date of a decision, in writing, and be accompanied by payment of the filing fee, as designated by the Master Fee Schedule. The effective date of all decisions of the community development director and planning commission shall be ten calendar days after the decision is made, as set forth by this chapter. The appeal shall clearly state the facts of the case and the grounds for the appeal. If an appeal is timely filed, the appealed action shall not become effective, nor shall any building permit or other permit reliant on the appealed action be issued, until a final decision on the appeal is rendered by the city.
1.
Appeals of Director Decisions. Decisions of the director may be appealed to the planning commission by filing a written appeal with the planning division.
2.
Appeals of Planning Commission Decisions. Decisions of the planning commission may be appealed to the city council by filing a written appeal with the city clerk. A planning commission action on an appeal of a director's decision may be appealed to the city council.
B.
Public Hearing. When an appeal is properly filed, the application shall be set for hearing on an open agenda of the approval body to whom the appeal is authorized as set forth in Chapter 12.132. All documents, plans, and papers constituting the record of the action from which an appeal is taken shall be forwarded to the approval body hearing the appeal and shall be considered part of the record of the new hearing.
(Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.78.070 Withdrawal of application.
An applicant may withdraw an application at any time by filing a written notice of withdrawal with the appropriate approval body. If an application is withdrawn prior to any director-level decision or public hearing on the project, the withdrawal is without prejudice, and the application may be resubmitted at any time. If an application is withdrawn after any director-level decision or public hearing on the project, the applicant and all other persons are prohibited for a period of one year from the date of withdrawal from filing a new application for the same, or substantially the same project. A previously withdrawn application may be resubmitted prior to one year after the director- level decision or public hearing if: (a) the final approval body specifies that such withdrawal is without prejudice; or (b) the withdrawal is made pursuant to Section 12.78.010(B) prior to any public hearing on the project.
(Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.78.080 Revocation and reconsideration.
Any permit granted pursuant to the provisions of this article may be revoked or reconsidered if any of the conditions or terms of such approval are violated any law is violated in connection therewith, or if the implementation of the permit results in significant impacts to public health, safety or general welfare, as determined by the community development director, in writing.
The decision-making body possessing the authority for final action for the planning application shall hold a public hearing as set forth in Chapter 12.132. Written notice shall be given to the permittee, and public notice shall be provided in the same manner as for a new application for the type of permit being reconsidered or revoked. The decision-making body may take no action on the permit, modify conditions of approval, or revoke the permit. Appeals of these actions shall be as set forth in this chapter.
(Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.78.090 Effectiveness conditioned upon agreement to conditions.
No permit or authorization as to which conditions of approval have been imposed shall become effective unless and until the applicant shall have submitted to the community development department a document executed by the applicant, whereby the applicant acknowledges acceptance of such conditions.
(Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.78.100 Multiple planning application requests.
When a planning application is comprised of multiple entitlements, including one or more which could be final with one approval body and one or more which could be final only with another approval body, the approval body with the superior level of authority shall consider and act upon the entire planning application. The city council is the highest level of authority, followed by the planning commission, and the community development director is the lowest level of authority. If any portion or all of a multiple development approval request is appealed, the entire planning application shall be considered upon appeal.
(Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.78.110 Referral of administrative actions.
The community development director may refer any application pursuant to the San Bruno zoning ordinance that the director has the authority to act on to the planning commission for final action.
(Ord. 1947, 4/9/2024)