Chapter 17.08
ADMINISTRATIVE PROCEDURES
Sections:
17.08.010 Purpose.
17.08.020 Decision-making bodies and officials.
17.08.030 Determination of similar use.
17.08.040 Permit application, time limits and fees.
17.08.050 Environmental review.
17.08.060 Authority of final decision-making body.
17.08.070 Notice of public hearing.
17.08.080 Special notice requirements.
17.08.090 Continuance of hearing.
17.08.100 Concurrent permit/approval processing—Multiple jurisdiction.
17.08.110 Ownership and transferability of permits and approvals.
17.08.120 Term of permits and approvals.
17.08.130 Extension of permits and approvals.
17.08.140 Modifications.
17.08.150 Denied applications.
17.08.160 Withdrawn applications.
17.08.170 Simultaneous active permits/approvals.
17.08.180 Appeal procedure.
17.08.190 Processing fees.
17.08.010 Purpose.
The purpose of this chapter is to establish procedures required for the administration of this title and to set forth the basic responsibilities of the officials and bodies charged with its administration. (Prior code § 27.400)
17.08.020 Decision-making bodies and officials.
The following decision-making bodies and officials are established and/or their responsibilities acknowledged:
A. The planning director shall have such duties assigned by this code as may be required to fulfill the purposes of this title. These duties shall be in addition to those contained in Government Code Sections 65900 et seq., as now existing or hereafter amended or added to. References to the planning director shall also mean any employee(s) of the planning department authorized by the planning director to act in the director’s behalf.
B. The public works director shall have such duties assigned by this code as may be required to fulfill the purposes of this title. References to the public works director shall also mean any employee(s) of the public works department authorized by the public works director to act in the director’s behalf.
C. The building official shall have such duties assigned by this code as may be required to fulfill the purposes of this title. References to the building official shall also mean any employee(s) of the building division of the planning department authorized by the building official to act in the building official’s behalf.
D. The planning commission shall have such duties assigned by this code as may be required to fulfill the purposes of this title. References to the planning commission shall also mean any employee(s) of the planning department when acting in the planning commission’s behalf while carrying out specific tasks which have been delegated to staff by the planning commission.
E. The city council shall have such duties as assigned by this code as may be required to fulfill the purposes of this title. These duties shall be in addition to those contained in Government Code Sections 65900 et seq., as now existing or hereafter amended. References to the city council shall also mean any employee(s) of the city when acting in the city council’s behalf while carrying out specific tasks which have been delegated to staff by the city council. (Prior code § 27.401)
17.08.030 Determination of similar use.
Each zoning district establishes a list of uses which are permitted or permitted with a use permit. In addition, each district establishes a list of accessory uses which are permitted in conjunction with a principal use. From time to time, uses may be proposed which are not specifically listed as permitted, permitted with a use permit or permitted as an accessory use. The following procedures shall be observed when an unlisted use is proposed in a zoning district:
A. The planning director may, at his or her discretion, administratively determine that such uses are similar to those of the appropriate use category (e.g., permitted, permitted with a use permit or accessory) where such uses are clearly similar in character to those uses listed and consistent with the purposes of the zoning district and general plan. Action of the planning director shall be confirmed by the planning commission prior to establishment of the use.
B. In making a determination that a proposed use is or is not similar to those listed, the planning director and planning commission shall consider the character of the proposed use, those listed in the appropriate category, the purposes of the zoning district in which it is proposed and the general plan. The planning commission’s determination of similar use is subject to appeal to the city council pursuant to the provisions of Section 17.08.180. A use determined to be similar shall apply to the zoning district uniformly regardless of location. (Prior code § 27.402)
17.08.040 Permit application, time limits and fees.
The following provisions apply to the submittal and processing of an application for a permit or other discretionary approval:
A. Application for any permit shall be made by the property owner, or his or her authorized agent, to the planning director on forms prescribed for this purpose. The application shall include information as may be necessary for adequate review of the application. For projects which do not require a legislative act by the city, the planning department shall determine within thirty (30) days whether the submitted application is complete and shall notify the applicant accordingly.
B. All applications shall be acted on in accordance with Government Code Section 65950 unless an extension of time is granted according to the provisions of state law.
C. For the purpose of reimbursing the city for administration of this title, the city council shall, by resolution, from time to time set the amount of fees and penalties to be charged for processing all applications and appeals provided for in this title. (Prior code § 27.403)
17.08.050 Environmental review.
The California Environmental Quality Act of 1970 (CEQA) and city guidelines, as amended, require environmental review of all projects which must obtain discretionary approval from the city. The intent of the review process is to evaluate and make publicly known the possible impacts of proposed projects on the environment and to mitigate significant adverse impacts. Each project is evaluated by planning department staff according to CEQA guidelines and a determination made whether additional environmental review is required. (Prior code § 27.404)
17.08.060 Authority of final decision-making body.
In considering an application for a permit or other discretionary approval authorized by this title, the final decision-making body may approve, deny or modify the application consistent with the evidence presented to it and the appropriate findings required by this title. Final decision-making bodies may require changes to applications and/or impose conditions of approval in order to effect the policies of the general plan and the purpose of this title. Such conditions include but are not limited to: dedication of land; installation of specific improvements; size, design and placement of buildings or structures; landscaping; and limitations on use and/or hours of operation. Such conditions shall be reasonably related to the use of the property for which the permit or other discretionary approval is requested. (Prior code § 27.405)
17.08.070 Notice of public hearing.
The following procedures shall be observed when a public hearing is required by this title:
A. Notice shall include:
1. The date, time and place of the hearing;
2. The identity of the hearing body;
3. A brief description of the matter to be considered and permits required;
4. A description (text or diagram) of the location of the property involved;
5. The following statement: “If you challenge the City’s decision on this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing.”
B. Notice shall be given not less than ten (10) calendar days prior to the public hearing.
C. Except as provided in Section 17.08.080, notice shall be given by the following:
1. Mailed notice to the applicant, the owner of the property, persons who have requested notice of a hearing for a specific project, and all property owners within three hundred (300) feet of the proposed project site. The applicant shall provide appropriate mailing labels (name, address and assessor’s parcel number) for surrounding property owners; and
2. Publication of legal notice in a newspaper determined to be a newspaper of general circulation in St. Helena.
D. Notice for all applications considered by the city council at a public hearing which have been considered previously by the planning commission shall consist of the same notice required for the planning commission hearing. (Prior code § 27.406)
17.08.080 Special notice requirements.
The following special public hearing notice provisions shall apply to the adoption of a general plan, general plan element, substantive text amendment of the general plan, substantive text amendment of the zoning ordinance and any project, including general plan land use map amendment, for which the number of property owners who would be sent a public hearing notice pursuant to this title is greater than one thousand (1,000):
A. Placing a display advertisement of at least one-eighth page in a newspaper determined to be a newspaper of general circulation in St. Helena; or
B. Placing an insert with any generalized mailing sent by the county or city to property owners in the area affected by the proposed ordinance or amendment, such as billing for city services.
Except for the applicant and property owner, the public hearing notice required pursuant to this section shall be in lieu of that required by Section 17.08.070. (Prior code § 27.407)
17.08.090 Continuance of hearing.
The hearing body, on its own motion, may continue a hearing from time to time. No additional notice shall be required for the continuance of a notice public hearing to a specific date. At their own discretion, applicants may request that their project be acted upon rather than continued. (Prior code § 27.408)
17.08.100 Concurrent permit/approval processing—Multiple jurisdiction.
The following provisions shall apply to multiple permit/approval processing and action by decision-making bodies:
A. Whenever a project requires more than one discretionary permit or other approval, all permits or other approvals shall be processed concurrently. The concurrent processing of other discretionary permits and approvals associated with but not required for the development of the project (e.g., development agreement) is encouraged.
B. When more than one permit or other discretionary approval is required and authority rests with both the planning commission and city council, the final action on all discretionary permits or other approvals shall be taken by the city council. In such cases the planning commission’s actions shall consist of recommendations to the city council.
C. When a subdivision is proposed, the provisions of the subdivision ordinance shall apply, in addition to the provisions of this title. Decision-making bodies may combine in a single action or review such approvals as are required by this title and the single approval shall have the same effect as though each action were taken individually, provided each separate approval required is appropriately entered in the record. (Prior code § 27.409)
17.08.110 Ownership and transferability of permits and approvals.
Except as specifically provided in this title, an approved permit or other discretionary approval applies to the subject property and runs with the land. Once vested, an approved permit or other discretionary approval remains effective unless terminated, abandoned, revoked or modified even if the subject property is subsequently rezoned. An approved permit or other discretionary approval is transferable to any future owner of the subject property. (Prior code § 27.410)
17.08.120 Term of permits and approvals.
Except for a general plan amendment, zoning ordinance text amendment, rezoning or amendment of a specific plan, a permit (i.e., use permit, variance, etc.) or other discretionary approval authorized by this title shall be valid for a period of one year from the date such approval becomes effective or for as long as any subdivision map concurrently approved is valid, whichever is longer. A permit or other discretionary approval shall become effective the day following the expiration of the appeal period if no appeal is filed or the day following the denial of an appeal. The following shall apply to the expiration of permits or other discretionary approval:
A. A permit or other discretionary approval shall remain valid as long as the use authorized by the permit is lawfully established prior to the expiration of the permit;
B. A permit or other discretionary approval shall remain valid as long as there is a valid building permit for construction authorized by the permit. If the building permit expires, or if no building permit has been issued for construction authorized by the permit or other discretionary approval during the one year that the permit is valid, the permit or other discretionary approval shall become null and void unless an extension of time has been granted pursuant to Section 17.08.130;
C. Any permit or discretionary approval which authorizes the establishment of any use which has been exercised by receiving a building permit or a zoning compliance determination shall expire and become null and void when such use has ceased for a period of six consecutive months, whether or not it is the intent to abandon the use;
D. If only a portion of a project is completed pursuant to a permit authorizing its development, the permit or other discretionary approval for the balance of the project shall expire if no substantial action is taken toward completion of the balance of the project in a one-year period. (Prior code § 27.411)
17.08.130 Extension of permits and approvals.
Provided that an application is filed at least thirty (30) days prior to its expiration date, a permit (i.e., use permit, variance, etc.) or other discretionary approval, excluding planned development permit, may be extended for not more than two one-year periods, or for as long as any subdivision concurrently approved is extended, whichever is longer. The procedure and findings for the approval of an extension shall be that required by this title for the original permit or approval. Such extensions may be granted subject to additional conditions or amendments; however, if the permit or other discretionary approval is no longer in conformance with this title, general plan, or other city regulations, no extension shall be granted. A permit or other discretionary approval shall remain valid during the time an application for an extension is processed and considered by the appropriate decision-making body. (Prior code § 27.412)
17.08.140 Modifications.
Major modifications or changes to: (1) an approved development plan such as an increase in the density, enlargement of a building or structure; (2) establishment of a use or category of uses not specifically authorized by a permit or other discretionary approval, or the zoning district in which it is located; or (3) conditions of approval, shall require an amendment to the permit or other discretionary approval. Such an amendment shall be processed in the same manner as the original permit except that the information required for a modification shall be that needed to adequately describe the proposed modification or change as determined by the planning director. Relatively minor physical changes to the development plan such as the use of different landscaping materials, slight alterations in building elevations, rearrangement of the parking or insignificant relocation of structures may be approved by the planning director. (Prior code § 27.413)
17.08.150 Denied applications.
A. Whenever any application for a permit (i.e., use permit, variance, etc.) or other discretionary approval is denied, no new application for the same or a substantially similar project may be filed for a period of one year from the date of the denial unless the denial is made without prejudice (a declaration that no rights or privileges of the applicant are considered waived or lost with respect to the submittal or resubmittal of his or her application). Where an application has been denied without prejudice, an application for the same or a substantially similar project may be filed within one year from the date of the denial. Any such application shall be considered a new application and be processed accordingly.
B. Where a project has been denied without a nonprejudice finding and an application for a discretionary permit on the same property is received within one year from the date of denial, the planning director shall make the threshold decision whether the project is substantially similar to the rejected project and therefore cannot be filed for processing. The planning director shall provide the applicant, each member of the decision-making body and any person who has submitted a written request for notice a copy of the director’s proposed decision. Unless an appeal is filed, the proposed decision shall become final fifteen (15) days after notice is given by mail or by placing a copy of the notice in the decision-maker’s office mail box. Upon request of any member of the decision-making body voting with the majority, the matter shall be placed on the agenda for a decision whether the project is substantially similar. (Prior code § 27.414)
17.08.160 Withdrawn applications.
An application may be withdrawn by the applicant prior to the opening of the public hearing or thereafter with the consent of the decision-maker. A request to withdraw an application must be submitted by the applicant in writing. Withdrawal of an application shall terminate all further action on the application. Where an application has been withdrawn, an application for the same or substantially similar project may be filed within one year from the date of denial. Any such subsequent application shall be considered a new application and be processed accordingly. (Prior code § 27.415)
17.08.170 Simultaneous active permits/approvals.
Although more than one permit or discretionary approval for more than one use or project may be reviewed, approved and be valid concurrently for any specific location (such as a lot or structure or a portion of a lot or structure), only one use or project authorized by these permits or discretionary approvals may be established, developed or built. The establishment of any use or the filing of a final map, or construction, or zoning compliance approval pursuant to Section 17.08.150, when authorized by these permits or discretionary approvals, shall render the alternative permits or approvals null and void. (Prior code § 27.416)
17.08.180 Appeal procedure.
In accord with the following provisions, any applicant or other interested person dissatisfied with any action taken under this title may appeal such action and decision:
A. Unless otherwise indicated, appeals from the decision of the planning director or any other administrative official in taking any of the actions authorized by this title shall be made to the planning commission through the planning director. Appeals from the decision of the planning commission in taking any of the actions authorized by this title shall be made to the city council through the city clerk.
B. Unless otherwise indicated, all appeals shall be made in writing and be accompanied by the appropriate fee. Appeals must be received by the planning director or city clerk not later than fourteen (14) calendar days following the date of action from which such appeal is being taken. If the fourteenth calendar day is a weekend or a city holiday, the deadline is extended to the next working day of the city.
C. The letter of appeal must state: (1) the specific action objected to; (2) the action appellant requests the city council to take; (3) the reason for the appeal; and (4) the name, address, and telephone number of the appellant or contact person if there are multiple appellants.
D. Within three working days of receipt of the appeal, the planning director or city clerk shall examine the appeal, and if it is found to be incomplete, return it in person or by certified mail to the appellant for revision. Appellant shall have five working days to file an amended appeal. Upon failure to file an amended appeal within the five days, the appeal shall be deemed withdrawn.
E. The receipt of a written appeal shall stay all actions, or put in abeyance all permits or other discretionary approvals which may have been granted, pending the effective date of the decision of the body hearing the appeal.
F. The planning commission or the city council may, by motion adopted by majority vote, initiate an appeal on that decision-making body’s behalf. A motion for appeal must be passed within fourteen (14) days following rendering of the decision appealed; provided, however, that if no regularly scheduled meeting of the planning commission or city council occurs within such fourteen (14) day time period, the time for such appeal shall be extended through the date of the next succeeding regularly scheduled meeting. No grounds for appeal need be stated nor must a letter of appeal be submitted.
G. Appeals shall be scheduled for the earliest regular meeting of the hearing body, not less than ten (10) days or more than thirty (30) days after the date of filing an appeal or passing a motion for appeal, consistent with the agenda preparation procedures and schedule of the hearing body.
H. All appeals shall be considered in a public hearing if a public hearing was required for the decision appealed, consistent with the procedures set forth in Section 17.08.070. All decision-making bodies hearing appeals shall consider the project in its entirety, or de novo. The planning commission or the city council may affirm, reverse or modify the decision appealed as deemed just and equitable, provided such action is not contrary to any provisions set forth in this title. (Prior code § 27.417)
17.08.190 Processing fees.
This section is adopted to ensure that the city is reimbursed for its costs of providing services to applicants for development projects and to the extent advisable, provide uniformity with respect to such provisions. The provisions hereof shall apply to all such projects except to the extent that more specific state or local regulations preempt its application.
A. Definitions. As used in this section:
“Development” means the same as that set forth in Government Code Section 65927; however, the term shall include a change of organization as defined in Government Code Section 56021.
“Development project” means any project undertaken for the purpose of development, including the issuance of a permit or approval for construction, reconstruction, use or operation whether or not the permit or approval is ministerial or discretionary in nature. Examples of development projects include, but are not limited to, general plan amendments, rezoning and permits, approvals or use permits.
“Processing fee” or “processing costs” means the charges for staff time, transmission and communication costs, including but not limited to charges for postage, telephone, fax, transportation, etc., as well as the costs of production or reproduction of materials, exhibits, etc., used in the investigation, processing, inspection or review of development projects or the enforcement of regulations and conditions to development projects.
“Staff” includes the employees, agents, contractors, and consultants of the city.
B. Billing Rates. The hourly rate to be billed by the city staff shall be periodically set by resolution of the council; other processing costs shall be at rates set by resolution of the council (e.g., costs of reproduction) or at direct cost to the city (e.g., postage). Such rates shall not exceed the costs (direct and indirect) of the services provided. Consultants shall be billed at the rate and for the expenses charged to the city plus any allocable overhead.
C. Billing Records. All processing costs associated with the investigation, processing, inspection or review of development projects, or the enforcement of applicable regulations and conditions to development projects shall be recorded and charged to each such project.
D. Payment of Processing Fees.
1. No application for a development project may be filed without a deposit in an amount estimated to cover processing costs unless payment of processing fees have been waived by action of the council, or the applicant is a public entity exempted from payment of such fees. The city shall make subsequent periodic invoices to ensure that the balance in the project account remains sufficient to cover anticipated processing costs, and it shall be the responsibility of those liable for payment to make such payments.
2. Each applicant for or operator of a development project, as well as the owner of the subject property, if different, shall be liable for payment of all processing fees associated with the development project.
E. Lien on Subject Property.
1. The finance director may notify an applicant or operator and, if different, the owner of the subject property, of the failure to comply with this section, the amount outstanding and of the fact that if not paid, the processing fees shall become a lien against the property. Such notice shall be given by registered or certified mail upon the owner or owner’s agent, as shown on the last equalized assessment roll. Service on one property owner in multiple ownership shall be deemed in compliance with this section. If an address for an owner cannot be reasonably obtained, the notice required by this section may be given by posting the subject property.
2. Within ten (10) days from the date of posting, or date of registered or certified mail service, the applicant or operator, and if different, the owner or any person interested in the property may appeal to the council by filing a written appeal with the city clerk, setting forth in detail the reasons for appeal. The council shall hear from the appellant and thereafter pass upon such appeal. The decision thereon shall be final and conclusive.
3. At the expiration of the time set for appeal or upon determination of the council upon appeal, the processing fees due and owing shall become a lien upon the subject property.
F. Failure to Pay Processing Fees.
1. As a separate, distinct and cumulative remedy established for the violation of this section, any city body with the authority to approve or conditionally approve or deny a development project may deny such project without prejudice if after notice the responsible party(ies) fail to comply with this section. The applicant and/or operator shall be given not less than ten (10) calendar days’ mailed notice of the city’s intent to take such action.
2. As a separate, distinct and cumulative remedy established for the violation of this section, the planning director, public works director or building official may issue a stop work order if the job site has previously been posted with a notice of intent to issue a stop work order for failure to comply with this section. The stop work order shall be served by posting a copy of the order on the subject property. In addition, a copy of such notice shall be promptly mailed to the applicant or operator and, if different, the owner of the subject property as shown on the last equalized assessment roll. Such order shall become effective immediately upon posting of the notice. After service of a stop order, no person shall perform any act with respect to the subject property in violation of the terms of the stop order, except such actions as the city determines are reasonably necessary to render the subject property safe or secure until the violation has been corrected.
3. As a separate, distinct and cumulative remedy established for the collection of processing fees, an action may be brought in the name of the city, in any court of competent jurisdiction to enforce the lien established by subsection E of this section. In such action, reasonable attorney’s fees shall be awarded to the prevailing party.
4. As a separate, distinct and cumulative remedy established for the collection of processing fees, a civil action may be brought. The finance director, or his or her designee, may bring an action in the name of the city to collect the fees owing pursuant to this section. In such action, reasonable attorney’s fees shall be awarded to the prevailing party. (Prior code § 27.418)