Chapter 17.06
ZONING CODE ADMINISTRATION AND PERMIT PROVISIONS
Sections:
17.06.010 Zoning Code Administration.
17.06.020 Planning Permits and Entitlements.
17.06.030 Application Submittal.
17.06.040 Fees.
17.06.050 Complete Application.
17.06.060 Application Review.
17.06.070 Approval Authority.
17.06.080 Public Notices.
17.06.090 Public Hearings.
17.06.100 Appeals.
17.06.110 Effective Date.
17.06.120 Revocation, Suspension, and Transferability.
17.06.130 Administration Procedures Flowchart.
17.06.010 Zoning Code Administration.
The purpose of this chapter is to establish the administration of this title and to set forth the basic responsibilities of the officials and bodies charged with its administration.
A. Composition of the Atherton Planning Agency. California Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The planning agency for the Town of Atherton shall be the following bodies:
1. City council;
2. Planning commission;
3. General plan committee;
4. Town planner.
The duties and responsibilities of these bodies are described in subsections B through E of this section. In the absence of an assignment of a particular duty or responsibility, the city council shall have the assignment.
B. Responsibilities of the City Council. The city council has the following planning and land use responsibilities:
1. Appoint members of the planning commission.
2. Hear and decide applications for zoning and general plan amendments. If an application for a general plan amendment or zoning plan amendment is accompanied by a request for other land use approvals, the city council shall be the decision-making body for the other land use approvals.
3. Hear and decide appeals of the decisions of the planning commission and town planner.
4. Direct planning-related policy amendments and special studies as necessary or desired.
5. Exercise such other powers and duties as are prescribed by state law or local ordinance.
C. Responsibilities of the Planning Commission. The planning commission has the following planning and land use responsibilities:
1. Hear and make recommendations to the city council on applications or proposals for general plan amendments.
2. Hear and make recommendations to the city council on applications or proposals for amendments to this title.
3. Initiate studies of amendments to this title and make recommendations to the city council for amendments to this title.
4. Hear and decide applications for planning permits as described in Table 17.06.070-1 (Approval Authority).
5. Exercise such other powers and duties as are prescribed by state law, local ordinance, or as directed by the city council.
D. Responsibilities of the General Plan Committee. The general plan committee has the planning and land use responsibilities established by city council resolution and as may be amended from time to time.
E. Responsibilities of the Town Planner. The town planner has the responsibility and authority to administer and enforce this title as follows:
1. Maintain the sections of this title, the zoning plan, and all records of zoning actions and interpretations.
2. Interpret the zoning code and maintain a record of zoning code interpretations.
3. Decide staff-level permits, including zoning clearance. See chapter 17.60 for definition of staff-level decisions.
4. Conduct administrative functions authorized by this title, including distribution and receipt of permit applications, application review and public notice, and preparation of staff reports with recommendations, proposed findings, and proposed conditions for quasi-judicial and legislative actions by the planning commission and city council.
5. Oversee planning-related policy amendments and special studies as necessary.
6. Exercise such other powers and duties as are prescribed by state law or local ordinance or as directed by the city manager. (Ord. 582 § 1 (Exh. A) (part), 2009)
17.06.020 Planning Permits and Entitlements.
A. The following are all planning- and zoning-related permits and actions required and regulated by the town. Each permit is described in subsequent chapters of this division, as listed below. General application submittal, review, noticing/hearing, and appeal provisions are listed in this chapter and in the related permit chapters listed below.
1. Zoning clearance (chapter 17.08).
2. Zoning code interpretation (chapter 17.10).
3. Conditional use permits (chapter 17.12).
4. Special structures permits (chapter 17.15).
5. Variances (chapter 17.16).
6. Reasonable accommodations for accessibility (chapter 17.17).
7. Zoning code amendments (chapter 17.18).
8. Front/rear lot line redesignations (chapter 17.20).
9. Prezoning (chapter 17.22).
10. General plan amendments (chapter 17.23).
11. Home occupations (chapter 17.48).
B. Table 17.06.070-1 identifies what type of approval each permit or decision is. The three types of approvals are staff-level, quasi-judicial, and legislative as defined below:
1. Staff-level decisions require limited interpretation or exercise of policy or legal judgment in evaluating approval criteria because the decision is made according to specific criteria where no discretion is involved. Examples include zoning clearance as part of an application for a building permit.
2. Quasi-judicial decisions typically involve some level of discretion or policy determination on the part of the approval authority and involve making a set of findings as part of the approval process. A public hearing is held, evidence is weighed, and conclusions are drawn. The approval authority uses this information as the basis for its decision.
3. Legislative decisions must be made by the city council. Legislative land use decisions apply to the general population and prescribe policy and require the greatest amount of discretion and evaluation of subjective approval criteria. A public hearing is required. (Ord. 582 § 1 (Exh. A) (part), 2009)
17.06.030 Application Submittal.
An application for a permit may be applied for by the owner of record of the property for which the permit is sought or by the owner’s agent as authorized in writing. The application shall be filed with the town planner on a prescribed form, together with all fees, plans, maps, and any other information required by the office of the town planner. Necessary submittal materials are listed on the form for each permit type.
If an application has been denied by the final approval authority, the application may not be presented in substantially the same form for a period of at least one year from the date the application was denied. (Ord. 582 § 1 (Exh. A) (part), 2009)
17.06.040 Fees.
Nonrefundable fees to cover the costs of processing the application shall be required for all planning permits, appeals, amendments, and other applications in an amount as shall be established from time to time by resolution of the city council. (Ord. 582 § 1 (Exh. A) (part), 2009)
17.06.050 Complete Application.
A. Application Completeness for Quasi-Judicial Permits and Legislative Actions. Within thirty days of submittal of an application for a quasi-judicial permit or legislative action, the town planner shall determine whether or not the application is complete. The town planner shall notify the applicant 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 town planner may also identify preliminary information regarding the issues in which the submitted plans are not in compliance with town standards and requirements.
B. Application Completeness for Staff-Level Permits. In order to expedite the determination of completeness for staff-level permits and actions issued by the town planner (zoning clearance), staff-level permit applications shall be deemed complete within ten working days, unless the applicant is otherwise notified in writing within that time period of additional information necessary to complete the application.
C. Incomplete Application. If additional information or submittals are required and the application is not made complete within six months of the date of the completeness determination letter, the application shall be deemed by the town to have been withdrawn, and no action will be taken on the application. Unexpended fees, as determined by the town planner, 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 title.
D. Right to Appeal. The applicant may appeal the determination that the application is incomplete in accordance with section 17.06.100 (Appeals) and the Permit Streamlining Act (California Government Code Section 65943). (Ord. 582 § 1 (Exh. A) (part), 2009)
17.06.060 Application Review.
After an application is accepted as complete, the project shall be reviewed in accordance with the California Environmental Quality Act (CEQA). The town planner will consult with other departments as appropriate regarding compliance with all provisions of the Atherton Municipal Code and other adopted policies and plans. The town planner will prepare a report to the designated approval authority (planning commission and/or city council as described in Table 17.06.070-1) describing the project, along with a recommendation to approve, conditionally approve, or deny the application. (Ord. 582 § 1 (Exh. A) (part), 2009)
17.06.070 Approval Authority.
A. Table 17.06.070-1 (Approval Authority) identifies the decision-making body, or “approval authority,” for the various planning permits and decisions in the town. An approval authority is the decision-making body that takes action on a permit, as designated in the table with a “D.” In some instances, the approval authority receives a recommendation from a “recommending body” prior to making a decision, as indicated with an “R.”
B. When a proposed project requires more than one permit with more than one approval authority, all of the permits shall be heard and decided together by the highest approval authority. The recommending body(ies) shall make a recommendation to the approval authority prior to approval authority action.
C. Actions of the approval authority may be appealed pursuant to the procedures set forth in section 17.06.100 (Appeals).
|
Planning Permit or Decision |
Approval Type |
Designated Approval Authority “R” symbolizes the “Recommending Body” “D” symbolizes the “Decision-Making Body” |
||
|
Town Planner |
Planning Commission |
City Council |
||
|
Zoning Clearance |
Staff-Level |
D |
||
|
Zoning Code Interpretation |
Staff-Level |
D |
||
|
Reasonable Accommodations for Accessibility |
Staff-Level |
D2 |
||
|
Heritage Tree Removal1 |
Quasi-Judicial |
R |
D |
|
|
Conditional Use Permit |
Quasi-Judicial |
R |
D |
|
|
Special Structures Permit |
Quasi-Judicial |
R |
D |
|
|
Variance |
Quasi-Judicial |
R |
D |
|
|
Front/Rear Lot Line Redesignation |
Quasi-Judicial |
R |
D |
|
|
Tentative Parcel Map3 |
Quasi-Judicial |
R |
D |
|
|
Tentative Subdivision Map3 |
Quasi-Judicial |
R |
D |
|
|
Zoning Code Amendments |
Legislative |
R |
R |
D |
|
Prezoning |
Legislative |
R |
R |
D |
|
General Plan Amendment |
Legislative |
R |
R |
D |
Notes:
1. See chapter 8.10 (Removal of and Damage to Heritage Trees).
2. See section 17.17.040.
3. See Title 16 (Subdivisions). (Ord. 582 § 1 (Exh. A) (part), 2009)
17.06.080 Public Notices.
A. Public Hearing Required. The following procedures shall govern the notice and public hearing, where required, for consideration of a permit. In accordance with the Planning and Zoning Law, the Subdivision Map Act, and the California Environmental Quality Act, public hearings shall be required for all quasi-judicial permits (e.g., variance, conditional use permit) and legislative actions of the town (e.g., zoning amendments and general plan amendments). The hearing(s) shall be held before the designated approval authority as identified in this title.
B. Notice of Hearing. Pursuant to California Government Code Section 65091, not less than ten 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; provide a general explanation of the matter to be considered; and provide a general description of the real property (text or diagram), if any, which is the subject of the hearing.
1. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners and tenants of property within a radius of five hundred feet of the exterior boundaries of the property involved in the application, using for this purpose that last known name and address of such owners as shown upon the current tax assessor’s records. If the number of owners exceeds one thousand, the town may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth page in one newspaper of general circulation within the town.
2. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner’s authorized agent.
3. Notice of the public hearing shall be provided to each local agency expected to provide water, sewage, streets, roads, schools, or other essential functions or services to the project whose ability to provide those facilities and services may be affected.
4. If the notice is mailed or delivered as identified in subsection (B)(1) of this section, the notice shall also be either:
a. Published in at least one newspaper of general circulation within the town; or
b. Posted at Town Hall on the official town bulletin boards and in at least two other public places within the boundaries of the town, including one place in the area directly affected by the proceeding.
C. Requests for Notification. Any person who requests to be on a mailing list for notice of hearings on a development project or projects shall submit such request in writing to the city clerk. The town may impose a reasonable fee for the purpose of recovering the cost of such notification.
D. Failure to Receive 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 approval authority for which the notice was given. (Ord. 582 § 1 (Exh. A) (part), 2009)
17.06.090 Public Hearings.
A. 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 designated approval authority shall conduct the public hearing and hear testimony. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed.
B. For projects found to be exempt from the California Environmental Quality Act (CEQA) or for which a Negative Declaration or Mitigated Negative Declaration has been adopted, the approval authority (planning commission and/or city council as described in Table 17.06.070-1) shall approve or deny the project within sixty days from the date of the determination or adoption of the environmental document.
C. For projects for which an Environmental Impact Report (EIR) has been certified, the approval authority (planning commission and/or city council as described in Table 17.06.070-1) shall approve or deny the project within one hundred eighty days from the date of certification of the EIR.
D. The designated approval authority (planning commission and/or city council as described in Table 17.06.070-1) shall hold a public hearing on all planning permits and render a decision within forty days of the date of acceptance of the complete application, unless the town and the applicant agree to waive the requirement.
E. The designated approval authority (planning commission and/or city council as described in Table 17.06.070-1) shall make a decision on all planning permits within sixty days following the closing of the public hearing. (Ord. 582 § 1 (Exh. A) (part), 2009)
17.06.100 Appeals.
A. Purpose. This section identifies the procedures for filing and processing an appeal consistent with California Government Code Section 65900 et seq. The appeal provisions of this section shall govern appeals of all planning and zoning matters, and other entitlement procedures in this title.
B. Appeal Applicability and Authority. Any person dissatisfied with a determination or action of the town planner or planning commission made pursuant to this title may appeal such action to the city council within ten days from the date of the action. Actions by the city council are final and no further administrative appeals are available.
C. 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 with the city clerk within ten days following the date of determination or action for which an appeal is made and be accompanied by a filing fee established by city council resolution. The filing of an appeal shall stay the issuance of any necessary subsequent permit(s) associated with any right or entitlement that will be the subject of the appeal (e.g., building permits).
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 forty days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to the noticing requirements of section 17.06.080 (Public Notices).
E. Appeal Hearing and Action. Each appeal shall be considered a de novo (new) hearing and the city council may reverse, modify, or affirm the decision in whole or in part. In taking its action on an appeal, the city council shall state the basis for its action. The city council may modify, delete, or add such conditions as it deems necessary. The city council may also refer the matter back to the original approval authority (as described in Table 17.06.070-1) for further action. The action of the city council is final on the date of decision and, unless otherwise expressly provided by this title, may not be further appealed. A person may seek judicial review of a final decision of the town in accordance with applicable sections of the California Government Code or Code of Civil Procedure. (Ord. 582 § 1 (Exh. A) (part), 2009)
17.06.110 Effective Date.
All permits shall take effect ten days following the date of the decision unless an appeal is filed as provided pursuant to section 17.06.100 (Appeals) of this title. No building permit may be issued until the expiration of this period or determination of all appeals, whichever occurs last. (Ord. 582 § 1 (Exh. A) (part), 2009)
17.06.120 Revocation, Suspension, and Transferability.
A. Revocation.
1. Purpose. The purpose of this section is to provide for the revocation of any permit or entitlement (e.g., variance, conditional use permit) granted under this title.
2. Grounds for Revocation. In the event a permit holder, or the permit holder’s successor in interest, fails to comply with any or all conditions of permit approval, a revocation proceeding may be initiated if it is determined that there is substantial likelihood that any of the following situations exist:
a. The permit was obtained or extended by false, misleading, or incomplete information;
b. One or more conditions of approval have not been implemented or have been violated; or
c. The activities, or the use itself, are substantially different from what was approved.
3. Initiation of Action. The revocation of a permit may be initiated by the town planner or city council. The designated planning agency shall specify in writing to the permittee the basis upon which the action to revoke the permit is to be evaluated during the hearing to revoke.
4. Revocation Hearing.
a. A public hearing is required for any action to revoke a permit. The hearing shall be held by the original approval authority for the subject permit. The hearing shall be noticed in the same manner required for the granting of the original permit pursuant to section 17.06.080 (Public Notices).
b. At its discretion, the designated approval authority (town planner, planning commission, and/or city council as described in Table 17.06.070-1) may modify or delete the conditions of approval or add new conditions of approval in lieu of revoking a permit in order to address the issues raised by the revocation hearing. The action on the revocation is subject to appeal in accordance with the provisions of section 17.06.100 (Appeals).
B. Time Limits.
1. Time Limits Conditioned. As part of the conditions of approval, the designated approval authority (planning commission and/or city council as described in Table 17.06.070-1) may establish a time limit for exercising a permit.
2. Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s). Such exercise of a permit constitutes the vested right to complete the work authorized by the permit. A permit may be otherwise exercised by a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitute exercising 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.
3. Permit Extensions. The same approval authority that granted the original permit (planning commission and/or city council as described in Table 17.06.070-1) may extend the period within which the exercise of a permit must occur. An application for extension shall be filed not less than thirty days prior to the expiration date of the permit, along with appropriate fees and necessary submittal materials listed in this title. The approval of an extension extends the expiration date for one year from the original permit date. The permit, as extended, may require compliance with any development standards that may have been enacted since the permit was initially approved. The extension may be granted only when the designated approval authority (planning commission and/or city council as described in Table 17.06.070-1) finds that the original permit findings can be made and that there are changed circumstances or that there has been diligent pursuit to exercise the permit that warrants such extension.
C. Permit to Run with Land. Unless otherwise conditioned, land use and development permits and approvals granted pursuant to the provisions of this title shall be transferable upon a change of ownership of the site, business, service, use, or buildings or structures; provided, that the use and conditions of the original permit or approval are fully complied with, and the project is not modified or enlarged/expanded. (Ord. 582 § 1 (Exh. A) (part), 2009)
17.06.130 Administration Procedures Flowchart.
The following figure 17.06.130-1 illustrates the steps and flowchart of the procedures discussed in the preceding sections. The intent of this figure is to help the reader understand the steps in the process and is not meant to supersede the provisions in sections 17.06.050 through 17.06.110. The figure is meant for illustrative purposes only.
Figure 17.06.130-1
Illustrative Procedures Flowchart
(Ord. 582 § 1 (Exh. A) (part), 2009)