Sebastopol City Zoning Code
17.400 Procedures and Administration
General Provisions
The purpose of this chapter is to establish the procedures for the administration of this code and to set forth certain basic responsibilities of the officials and bodies charged with its administration.
17.400.010 Purpose and intent.
The purpose of this chapter is to establish the procedures for the administration of this code and to set forth certain basic responsibilities of the officials and bodies charged with its administration. (Ord. 1111, 2018)
17.400.020 Powers of the Planning Director.
The Planning Director or his designee shall have the following powers and duties:
A. Accomplish all administrative actions required as authorized by this code, including, but not limited to, receiving of applications for permits and reviews, giving of notices, preparing reports, approving or issuing certificates of zoning compliance, processing administrative permits; receiving and processing appeals, and receiving and accounting for fees;
B. Maintain the sections of this code, Zoning Map, and all records of zoning actions and cases;
C. Hold hearings as necessary or required by this code and issue permits as provided by this code;
D. Approve site and/or building plans as provided by this code;
E. Make determinations on lot orientation of setbacks for irregular lots, and height for lots with unusual grade variation;
F. Interpret this code, as provided herein;
G. Refer in his discretion any of the above or other matters to the Planning Commission for its review and action, and to notify the applicant or other affected persons of such referral. (Ord. 1147 §3, 2023; Ord. 1111, 2018)
17.400.030 Application filing and review.
A. Application Contents. All applications for a permit required by the Zoning Code shall be filed by the owner of the affected property or the owner’s authorized agent with the Planning Department on an official City application form prescribed by the Planning Department. The application shall be filed with all required fees, deposits, information, and supporting materials, such as site and building plans, drawings and elevations, and operational data as specified by the Department and as required by the SMC.
B. Fees for Application Processing. Each applicant for a planning permit processed in compliance with this chapter shall be required to pay all costs incurred by the City for the processing of each application. The City Council shall establish a schedule of fees and deposits for the processing of the applications and other actions required by this Zoning Code, hereafter referred to as the City’s fee schedule.
C. Review for Completeness. Review and processing of permits shall be in accordance with the Permit Streamlining Act (Government Code Section 65943).
1. The Planning Director may require a pre-application conference.
2. The Planning Department shall review each application for completeness and accuracy before it is deemed suitable for submission. A final determination of completeness is not provided at this stage.
3. Receipt of the application by the Department 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 or during the initial application review period.
4. As per Permit Streamlining Act, within 30 days of application receipt, except as provided below, the Planning Director shall determine whether or not the application is complete. The applicant shall be informed in writing of the determination that either:
a. The application is complete and has been accepted for processing;
b. The application is incomplete and that specific information is required to complete the application. The written determination may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with City standards and requirements; or
c. The application requests permission for an action not allowed in the applicable district or that cannot lawfully be approved by the City and is not accepted for processing.
5. If additional information or submittals are required and the application is not made complete within six months of the completeness determination letter or if a written request for extension of time that includes evidence that the applicant is working toward completeness is not provided by the applicant, the application shall be deemed 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 provided the applicant submits a written request for a refund.
6. When the Planning Director determines that an application is incomplete and the applicant believes that the application is complete or that the information requested by the Planning Department is not required, the applicant may appeal the determination as set forth in Chapter 17.455 SMC.
7. After the Planning Director has accepted an application as complete, the Planning 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).
D. Application Review. After acceptance of a complete application, the project shall be reviewed in accordance with the review procedures established by this chapter and the environmental review procedures of the CEQA. The Director will consult with other departments as appropriate to ensure compliance with all provisions of the SMC and other adopted plans and requirements. The Department staff will prepare a report to the designated review authority (Planning Director, Design Review Board, Planning Commission, and City Council) describing the project, along with a recommendation to approve, conditionally approve, or deny the application. (Ord. 1111, 2018)
17.400.040 Application decision procedures.
This section establishes procedures and requirements for the preparation, filing, and processing of permit applications required by the Zoning Code.
A. Decision-Making Authority. Table 17.400-1 identifies the decision-making body that is responsible for reviewing and making decisions on each type of permit required by this Zoning Code. Application for any of the decisions identified in Table 17.400-1 shall be filed with the Planning Department by completing an application form provided by the Department and accompanied by the appropriate filing fee.
1. Multiple Approvals. If more than one planning approval is required for a single project, the applications may be processed concurrently, with all the permits being considered and acted upon by the highest applicable review authority, with the exception of the Design Review Board and Tree Board which will act separately on permits.
Table 17.400-1. Zoning Permit – Decision-Making Authority
Type of Zoning Permit | Applicable Zoning Code Chapter | Role of Reviewer or Decision-Maker1 | |||
Planning Director2 | Design Review Board | Planning Commission | City Council | ||
Administrative Permit | Decision | - | Appeal | Appeal | |
Adjustment | Decision | - | Appeal | Appeal | |
Recommend/ Decision | - | Decision | Appeal | ||
Variance | Recommend | - | Decision | Appeal | |
Reasonable Accommodation | Decision | - | Appeal | Appeal | |
Temporary Use Permit, six months or less | Decision | - | Appeal | Appeal | |
Temporary Use Permit, more than six months | Recommend | - | Decision | Appeal | |
Downtown Noise Permit, small event | Decision | - | Appeal | Appeal | |
Downtown Noise Permit, large event | Recommend | - | Decision | Appeal | |
Recommend | - | Recommend | Decision/Appeal | ||
General Plan Amendment, Text or Map | Recommend | - | Recommend | Decision/Appeal | |
Zoning Code Amendment, Text or Map | Recommend | - | Recommend | Decision/Appeal | |
Design Review, Planning Director | Decision | Appeal | - | Appeal | |
Design Review, Design Review Board | Recommend | Decision | - | Appeal | |
1“Recommend” means that the review authority makes a recommendation to a higher decision-making body; “Decision” means that the review authority makes the final decision on the matter; “Appeal” means that the review authority may consider and decide upon appeals the decision of an earlier decision-making body, in compliance with Chapter 17.455 SMC.
2The Planning Director may defer action and refer the request to the Commission, so that the Commission may instead make the decision.
(Ord. 1116 § 9, 2018; Ord. 1111, 2018)
17.400.050 Public notice, public comment, and public hearing requirements.
A. Notice. All notices for consideration of a zoning permit shall state the nature of the request, the location of the property, the manner in which additional information may be obtained, any deadline for written comments, and, if applicable, the date for a public meeting or hearing that will be held to consider the project. Notice shall be provided as indicated in Table 17.400-2 and as follows:
1. Notice of a public hearing shall be provided as established by Chapter 17.460 SMC.
2. Notice for consideration of permits that do not require a public hearing shall be mailed and posted as required by Table 17.400-2. If applicable, said notice shall state any deadline to request a public hearing before the decision-making body.
B. Public Comment. The public shall be provided an opportunity to make written comments during the minimum public comment period identified in Table 17.400-2. The public shall be provided an opportunity to make oral or written comments during the public hearing for consideration of any permits that require a public hearing as identified in Table 17.400-2.
C. Public Hearing Requirements.
1. A public hearing shall be held for zoning permits where a public hearing requirement is identified in Table 17.400-2. Public hearings shall be held consistent with the requirements of Chapter 17.460 SMC.
Table 17.400-2. Public Notice, Public Comment, and Public Hearing Requirements
Type of Zoning Permit | Public Hearing Requirement | Public Notice Requirements | Minimum Public Comment Period1 |
|---|---|---|---|
Administrative Permit | None | None | None |
Administrative Permit, Cannabis | None | Notice mailed to all owners of property adjoining the exterior boundaries, and directly adjacent to any public rights-of-way, of the subject property | 12 days from mailing of notice |
Adjustment | None | Notice mailed to all owners of property adjoining the exterior boundaries of the subject property | 12 days from mailing of notice |
Conditional Use Permit – Planning Director | Yes | SMC 17.460.020 | 12 days from publication of the notice |
Conditional Use Permit – Planning Commission | Yes | SMC 17.460.020 | 12 days from publication of notice |
Variance | Yes | SMC 17.460.020 | 12 days from publication of notice |
Reasonable Accommodation | No | None | None |
Temporary Use Permit, six months or less | None | Notice mailed to all owners of property adjoining the exterior boundaries of the subject property | 12 days from mailing of notice |
Temporary Use Permit, more than six months | None | Notice mailed to all owners of property adjoining the exterior boundaries of the subject property, published in a newspaper of general circulation, and posted in at least three public places including the area directly affected by the requested permit | 12 days from mailing of notice |
Downtown Noise Permit, small event | None | Notice mailed to all owners of property adjoining the exterior boundaries of the subject property and posted in at least three public places including the area directly affected by the requested permit | 12 days from mailing of notice |
Downtown Noise Permit, large event | None | Notice mailed to all owners of property within 600 feet of the exterior boundaries of the subject property, published in a newspaper of general circulation, and posted in at least three public places including the area directly affected by the requested permit | 12 days from mailing of notice |
Yes | SMC 17.460.020 | 12 days from publication of the notice | |
General Plan Amendment, Text or Map | Yes | SMC 17.460.020 | 12 days from publication of the notice |
Zoning Code Amendment, Text or Map | Yes | SMC 17.460.020 | 12 days from publication of the notice |
Design Review, Planning Director | None2 | None | None |
Design Review, Design Review Board | None2 | None | None |
1No decision on the zoning permit shall be made prior to the close of the public comment period.
2A public hearing shall be scheduled, at the discretion of the City Council or the Design Review Board or the Planning Director if the application does not require a public hearing before another board or commission, or the City Council and if the project involves, for residential developments, construction of 10 or more units, or for nonresidential or mixed-use development, construction of 10,000 square feet of floor area or more, except when the application qualifies for exemption from a public hearing requirement under State law.
D. Zoning Permit Decision Procedures.
1. The decision-making body shall consider the recommendations of Planning Department staff and, if any, the recommendations of the Design Review Board or Planning Commission as applicable.
2. The decision-making body shall determine whether the application conforms to the criteria established in Chapters 17.400 through 17.470 SMC for the specific approval requested and to all other applicable criteria and standards established by this title.
3. In order to grant any use permit, the decision-making body must find that the general and other applicable use permit criteria are satisfied.
4. In granting any use permit, the decision-making body may designate such conditions, in connection with the permit, as it deems necessary in order to secure the purposes of this code, and may require guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 1147 §4, 2023; Ord. 1116 §§ 8, 10, 11, 2018; Ord. 1111, 2018)
17.400.060 Zoning consistency.
Zoning consistency shall be required for all buildings and structures hereinafter erected, constructed, altered, repaired or moved within or into any district established by this code, and for the use of vacant land or for a change in the character of the use of land, within any district established by this code. Such review for consistency may be a part of the building permit. (Ord. 1116 § 12, 2018; Ord. 1111, 2018)
17.400.070 Appeals.
17.400.080 Effective date.
17.400.090 Term, adherence to approved plans and conditions, and revocation of permits.
A. Any zoning permit, Design Review Board permit, use permit, adjustment, or variance granted in accordance with this chapter shall be null and void and of no further force and effect if the rights granted by the permit are not exercised within three years from the date of approval, and for projects where multiple discretionary approvals are required, three years from the date of final discretionary approval. Use shall constitute actual use of the premises in accordance with the permit, commencement of construction or other specific act on the property sufficient to indicate compliance with the granting of said zoning permit, use permit, adjustment, or variance.
B. All zoning approvals shall be subject to the approved plans, conditions of approval, and other conditions on the basis of which the zoning approval was granted.
C. Adherence to Approved Plans. All approvals shall be subject to the plans and other conditions on the basis of which the approval was granted and may be revoked by the City in the event that violations of conditions or requirements occur.
D. In the event of a violation of any of the provisions of the Zoning Code, or in the event of a failure to comply with the approved plans and any prescribed condition of approval, the decision-making body that granted the approval may, after notice and hearing, revoke any such permit. The determination of such body shall be final, unless appealed in accordance with Chapter 17.455 SMC.
E. The decision-making body may, in writing, suspend or revoke zoning approvals granted under the provisions of this title, whenever the approval is granted on the basis of a misstatement of fact, or fraud, or whenever there is a failure to comply with this title. (Ord. 1111, 2018)
17.400.100 Time extension.
Upon the written request of any holder of a zoning approval, including a use permit, Design Review Board permit, adjustment, or variance, or other zoning permit that is filed with the Planning Department before the expiration of said approval, the Planning Director may consider and grant one extension of up to one year. In addition, the Planning Commission or Design Review Board, as applicable, shall have the authority to consider and grant an additional extension of up to one year, and may otherwise deny or modify said zoning approval; provided, that a written request from the holder of the zoning approval is filed with the Planning Department prior to the expiration of said permit. (Ord. 1111, 2018)