The provisions of this chapter establish the general requirements and procedures for all administrative and discretionary land use permits as required by this Zoning Ordinance. Specifically, the provisions of this chapter accomplish the following:

A.

Establish the procedures for the preparation, application and filing, processing, and approvals of all land use permits within the City.

B.

Ensure the administrative and discretionary review processes adequately evaluate and address issues of health, safety, and compatibility of land uses and adjacencies.

The provisions of this chapter shall be applicable to all land use permits, administrative and discretionary, required for the development, building, establishment, renewal, modification, or discontinuance of any land use or structure within the City. Permits, subject to this chapter, shall be issued in accordance with permit requirements of the applicable Zone. Nonconforming uses and structures shall be subject to permit procedures as established by Chapter 20.345 (Nonconforming Uses, and Structures).

A.

Exemptions. The following activities shall be exempt from the permit requirements of this Zoning Ordinance; however, the activities may be subject to building code compliance and permits required under other provisions of the Municipal Code:

1.

Interior modifications or alterations that do not result in an increase in gross square footage or modifications to the exterior setbacks of the building or structure.

2.

Ordinary repairs and maintenance that do not impact the operation or conditions of the established land use.

3.

Public utility or public agency activities for the installation, construction, modification, or maintenance of utilities as related to the service of existing or approved lots or development.

4.

Activities or installations specifically exempted from local zoning requirements pursuant to provisions of state or federal law.

(Ord. No. 2023-1529, § 3(Att. A), 2-28-2023)

All development proposals and applications may be subject to one (1) or more development application processing procedures.

1.

Exact processing and timing of applications shall be determined by the Director based on the applicable Zone and the project characteristics. Table 20.500-1 outlines the primary types of development applications, review procedures required, and responsibilities.

2.

All applications for a single project shall be processed concurrently. When a proposed project requires more than one (1) permit application with more than one (1) approving authority, all project permits shall be processed concurrently at the applicant's own risk as interrelated permits for a project and shall not be bifurcated. The highest designated approving authority for all requested permits shall take final action on all permits.

Table 20.500-1
Application and Review Types

Notes:
See Chapter 20.515 (Site Development Plan Review) for approval and referral regulations regarding Site Development Plans.
2. ;hg;See Chapter 20.525 (Variances) for approval and referral regulations regarding Variances.
D = Deciding body whose decision is final unless appealed
R = Advisory body required to make recommendations
A = Appeal authority

This Zoning Ordinance shall be administered and enforced by the City's Director, Planning Commission, and City Council.

All land uses applications shall be processed and approved administratively if the application is consistent with the applicable Zone requirements, and other applicable standards of this Title.

A.

Permit Consistency. All departments, officials, or public employees assigned the authority to issue certificates, permits, or licenses in compliance with this Zoning Ordinance shall conform to the provisions of this Title. Any certificate, permit, or license conflicting with the provisions of this Zoning Ordinance, shall be null and void.

B.

Building Permits Issued Prior to Effective Date. Any current building permit(s) issued prior to the effective date and hour of this Zoning Ordinance shall be permitted to be exercised even though contrary to the provisions of this Zoning Ordinance.

C.

Certificate of Occupancy Required. To ensure compliance with all provisions of the Zoning Ordinance, an administrative Certificate of Occupancy shall be obtained from the Building Department before:

1.

Any new building is initially occupied or used;

2.

Any existing building is altered or a change of type or class of use is made; and

3.

A change of use of any unimproved premises is made.

Permit applications may be initiated by the owner, owners, or their authorized agents of property in the City. The applicant shall submit an application in accordance with the format specified by the Director. Fees shall be paid at the time of application in accordance with the fees developed. A land use that complies with the requirements of this chapter shall also comply with the permit requirements of other Code provisions and any applicable permit requirements of other agencies before construction or use of the property commences. These may include building, grading, or other construction permits; a business license; subdivision approval; or any other applicable county, regional, State or federal regulations.

A.

Signatures. Application shall be signed by the property owner and applicant or agent. When other signatures are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, and/or as evidence of their opinion on the pending issue, but they shall, in no case, infringe upon the free exercise of the powers vested in the Planning Commission or the City Council.

B.

Application Review. Applications shall be processed if the Director finds the application to be complete at time of filing. The applicant shall be notified in writing within thirty (30) days if the application is complete. If the application is found to be incomplete, the Director will notify the applicant in writing within thirty (30) days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the Director.

C.

Fee Schedule. All fees related to permits, review, or processing related to any application shall be paid at the time of application submittal. All fee schedules may be set or adjusted by resolution of the City Council.

1.

Where the applicant withdraws an application for consideration, a written request by the applicant may be filed with the Planning Division or with the City Council for a refund of application fees. Application for refund of fees shall be made in the manner and on the form prescribed for refunds authorized by Section 26906 of the Government Code.

Public review and hearings shall be held for all applications subject to the regulations of this chapter. All public hearings and public noticing of such hearings shall be consistent with State law and the procedures of Chapter 20.505 (Noticing and Public Hearings).

All permit applications shall be reviewed by the Director to determine if the application constitutes a "project" under CEQA. Administrative actions and DPs are issued following nondiscretionary review by the Director and do not generally qualify as projects under CEQA. Any permit that qualifies as a project under CEQA shall be subject to environmental review in accord with CEQA and Title 18 (San Marcos Environmental Guidelines) of this Code. The applicant shall submit all information and materials deemed necessary by the Director to complete the environmental review in accordance with CEQA and Title 18 of this Code.

All applications and permits filed, granted, or denied through the City shall be subject to the following limitations:

A.

Commencement. All building, development, or land use activities associated with a granted permit shall commence within:

1.

One (1) calendar year of permit issuance,

2.

Within the time specified by the permit issued, and

3.

Within the extension time specified by the permit issued.

Failure to commence activities or uses within this time period shall result in expiration of the permit, at which time all associated approvals will be null and void.

B.

Time Limit. All permits shall automatically expire, becoming null and void, one (1) calendar year from the date of permitted use discontinuance.

C.

Reapplication. Reapplication following denial of a permit shall not occur earlier than three (3) months after such denial unless specific authority to do so has been granted by the Planning Commission or the City Council.

D.

Modifications or Waiver. An application may be submitted to the Director for a modification or waiver of one (1) or more condition(s) of any granted permit. The processing, approval/denial process, and fee for this modification/waiver applications shall be the same as that of the original permit.

E.

Minor Deviations from Plot Plan. To provide flexibility in the development and permitting process, minor deviations to approved plot plans in conjunction with an approved permit may be authorized by the Director. Minor deviations shall be limited to actions that will not:

1.

Constitute a substantial change in the permit,

2.

Adversely affect adjacent property or adjacent property owners, and

3.

Violate any requirement of this Zoning Ordinance.

Plot plan deviations resulting in one (1) or more of the following shall not be authorized:

1.

An increase or decrease of more than ten percent (10%) of the:

a.

Gross area of any yard, open space working area, or parking area;

b.

Size of any building or structure or of the total land area covered by any building or structure;

c.

Building/structure height or depth; or

d.

Area of an excavation, slope, or working area.

2.

Increase of land/site coverage by more than ten percent (10%) by any increase in building size or number of structures.

F.

Nuisance. Neither the provisions of this chapter nor the granting of any permit provided for in this chapter authorizes or legalizes the maintenance of any public or private nuisance.

G.

Review Period. The time limits for required review or hearing action on an application or permit may be extended by the City Council.

H.

Bond Insurance. Any permit granted based on a condition, limitation, or limited time line may be subject to a performance bond. The Director, Planning Commission, or City Council may require the permit applicant to secure a monetary or surety bond to ensure compliance with the conditions and limitations of the permit, including any limitation of time. All bonds shall be:

1.

Submitted in a form satisfactory to the City,

2.

Payable to the City, and

3.

Conditioned upon permit compliance.

Any breach of condition or limitation shall result in forfeiture of the bond to the City and paid into the general fund of the City.

I.

Automatic Revocation. A permit shall cease to be valid and all rights or privileges from such permit revoked if a court of competent jurisdiction declares one (1) or more of the permit conditions required to be void or ineffective, or enjoins or prohibits the enforcement or operation of any condition.