Chapter 18.30


18.30.010    Application submittal.

18.30.020    Determination of completion.

18.30.030    Application review.

18.30.040    Public notices.

18.30.050    Approving authority.

18.30.060    Permit time limits and extensions.

18.30.070    Modification and revocation of permits.

18.30.010 Application submittal.

All applications for land use and development permits and actions pertaining to this title shall be submitted to the City on the appropriate application form, together with all fees, plans, maps, and any other information required by the Planning Department. Every application for a land use or development permit shall include a completed application form designated for the particular request, applicant signature(s), agent authorization as appropriate, and processing fee(s) established by City Council resolution. Additionally, each application requires the submittal of particular maps, plans, and other data about the project development, project site and vicinity deemed necessary by the Planner to provide the approving authorities with adequate information with which to base decisions. Each permit application form lists the necessary submittal materials for that particular type of permit. (Ord. CCO-09-02, 2009; Ord. 258 § 7.202, 1967)

18.30.020 Determination of completion.

(A) Application Completeness. Within 30 days of application submittal, the City Planner or his/her designee shall determine whether or not the application is complete. The applicant shall be notified in writing of the determination either that:

(1) All the submittal requirements have been satisfied and that the application has been accepted as complete; or

(2) Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with City standards and requirements. The applicant may appeal the determination in accordance with Chapter 18.32 MSMC (Appeals) and the Permit Streamlining Act (Cal. Gov’t Code § 65943).

(B) Incomplete Application. If additional information or submittals are required and the application is not made complete within six months of the completeness determination letter, the application shall be deemed by the City to have been withdrawn, and no action will be taken on the application. Unexpended fees, as determined by the City, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including new fees, plans, exhibits and other materials, must then be filed. (Ord. CCO-11-05 § 76, 2011; Ord. CCO-09-02, 2009)

18.30.030 Application review.

After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). The Planner will consult with other departments as appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans. The Planner will prepare a report to the Planning Commission and/or City Council describing the project, along with a recommendation to approve, conditionally approve, or deny the application. The staff report and supporting documentation will be made available to the applicant no less than 72 hours prior to the meeting to consider the application. (Ord. CCO-09-02, 2009)

18.30.040 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 planning and zoning law, the Subdivision Map Act, and the California Environmental Quality Act, public hearings shall be required for all quasi-judicial permits and legislative actions of the City (variance, conditional use permit, design review, specific plans, special planning areas, zoning amendments, and General Plan amendments). The hearing(s) shall be held before the designated approving authority as identified in this title.

(1) Notice of Hearing. Pursuant to Cal. Gov’t Code § 65091, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below.

(a) The notice shall state the date, time, and place of hearing, identify the hearing body, a general explanation of the matter to be considered, and a general description of the real property (text or diagram), if any, which is the subject of the hearing.

(b) Notice of the public hearing shall be published in at least one newspaper of general circulation in the City.

(c) Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners and tenants of property within a minimum radius of 300 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.

(d) Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner’s authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project.

(2) Requests for Notification. Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the City Clerk. The City may impose a reasonable fee for the purpose of recovering the cost of such notification.

(3) 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 Planning Commission and/or City Council 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 renoticed. The Planning Commission and/or City Council may establish rules for conduct during the hearing including, but not limited to, time allocated to each speaker, order of presentation, and use of supporting technology. (Ord. CCO-09-02, 2009)

18.30.050 Approving authority.

The approving authority as designated in Table 18.36.1 shall approve, conditionally approve, or deny the proposed land use or development permit in accordance with the requirements of this title. Table 18.36.1 identifies both recommending (R) and final (F) authorities for each permit type. When a proposed project requires more than one permit with more than one approving authority, all project permits shall be processed concurrently and final action shall be taken by the highest level designated for all such requested permits. An action of the approving authority may be appealed pursuant to procedures set forth in Chapter 18.32 MSMC (Appeals). (Ord. CCO-11-05 § 77, 2011; Ord. CCO-09-02, 2009)

18.30.060 Permit time limits and extensions.

(A) Effective Date. Generally, the action to approve, conditionally approve, or deny a permit authorized by this title shall be effective on the eleventh day after the date of action, immediately following expiration of the 10-day appeal period. Legislative actions by the City Council (zoning amendments, General Plan amendments, specific plans, development agreements) become effective 30 days from the date of final action and may not be appealed. In accordance with California Civil Code, where the last of the specified number of days falls on a weekend or City holiday, the time limit of the appeal shall extend to the end of the next working day. Permit(s) shall not be issued until the effective date of the required permit.

No application for a variance, conditional use permit, or change in the district boundaries which has been denied shall be resubmitted within one calendar year from the date of the action to deny, except on the grounds of new evidence of proof of changed conditions found to be valid by the Planning Commission.

(B) Permit Time Limits. Unless conditions of approval or other provisions of this title establish a different time limit, if any permit or approval is not exercised within two years from the date of final approval the City may take action to revoke the approval.

(C) 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 exercise of the permit. Finally, unless otherwise provided, permits that have not been exercised prior to a zoning amendment, which makes the approved use or structure of the permit nonconforming, shall automatically be deemed invalid on the effective date of the zoning amendment.

(D) Permit to Run with Land. Unless otherwise conditioned, land use and development permits and approvals granted pursuant to the provisions of this chapter shall be transferable upon a change of ownership of the site, business, service, use 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.

(E) Permit On Site During Construction. A copy of all land use and development permits (including all corresponding stamped-approved plans) authorizing construction shall be kept on site at all times during construction.

(F) Permit Extension. The same approving authority that granted the original permit may extend the period within which the exercise of a permit must occur. An application for extension shall be filed not less than 30 days prior to the expiration date of the permit, along with appropriate fees and necessary submittal materials. The approval of an extension extends the expiration date for one year from the original permit date. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved. The extension may be granted only when the designated approving authority finds that the original permit findings can be made and that there are changing circumstances or that there has been diligent pursuit to exercise the permit that warrants such extension. (Ord. CCO-11-05 § 78, 2011; Ord. CCO-09-02, 2009; Ord. 258 § 7.401, 1967)

18.30.070 Modification and revocation of permits.

(A) Modification. Any person holding a permit granted under this title may request a modification or amendment to that permit. For the purpose of this section, the modification of a permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit.

If the Planning Department determines that a proposed project action is not in substantial conformance with the original approval, the Planner shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same approving authority as the original permit. A permit modification may be granted only when the approving authority makes all findings required for the original approval, and the additional finding that there are changed circumstances sufficient to justify the modification of the approval.

(B) Revocation.

(1) Purpose. The purpose of this section is to provide for the revocation or modification of any land use or development permit granted under this title.

(2) Revocation or Modification of a Permit for Cause. A permit may be revoked or modified for cause as provided by the provisions of this section.

(3) Grounds for Revocation. A permit may be revoked upon a finding of any of the following grounds:

(a) The permit was obtained or extended by false, misleading or incomplete information.

(b) One or more of the conditions upon which the permit was approved have been violated, or have not been complied with.

(4) Initiation of Action. The revocation of a permit shall be initiated by the City. The City shall specify in writing to the permittee the basis upon which the action to revoke the permit is to be evaluated during the public hearing to consider revocation.

(C) Revocation Hearing.

(1) A public hearing is required for any action to revoke a permit. The hearing shall be held by the original approving authority for the subject permit. The hearing shall be noticed in the same manner required for the granting of the original permit pursuant to MSMC 18.30.040 (Public Notices).

(2) In its discretion, the designated approving authority 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 Chapter 18.32 MSMC (Appeals). (Ord. CCO-11-05 § 79, 2011; Ord. CCO-09-02, 2009; Ord. 258 §§ 7.501, 7.502, 1967)