This chapter establishes general provisions that apply to the
submittal and processing of an application for a discretionary permit.
(O2003-12)
Application for any permit shall be made by the property owner
or authorized agent, to the Community Development Director on forms
prescribed for this purpose, accompanied by the required deposit.
The application shall provide any other information, plans, and maps
prescribed by the Community Development Director as may be necessary
for adequate review of the application.
(O2003-12)
Applications procedures and processing time frames shall be
in accordance with state law and procedural guidelines established
by the Community Development Director.
(O2003-12)
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 the processing of all applications and appeals provided for in this title. All applications filed pursuant to this title shall be subject to NMC Chapter 15.92 (Development Project Processing Fees).
(O2003-12)
The California Environmental Quality Act of 1970 (CEQA) and
city guidelines, as amended, require environmental review of all projects
that 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 Community Development
Department staff according to CEQA guidelines.
(O2003-12)
A.
Concurrent
Processing. Where a single development project seeks multiple development
approvals (e.g., rezoning, use permit, etc.), all required zoning
permits or other approvals shall be processed concurrently. If a permit
is not required (e.g., development agreement, etc.) but is included
as part of a project, concurrent processing is encouraged.
B.
Combined
Zoning and Subdivision Permits. When a subdivision is proposed, the
provisions of Title 16 of this code shall apply in addition to the
provisions of this title. Subdivision and zoning permit approvals
may be combined in a single action or review and the single approval
shall have the same effect as though each action were taken individually,
provided each separate approval required is appropriately entered
into the record.
C.
Decision-Making
Authority. When more than one permit is required for a development
project, 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 recommendations shall consist of recommendations to the
City Council.
(O2003-12)
When a public hearing is required, notice shall be provided.
If the matter to be considered at the hearing is a zoning ordinance
or amendment to a zoning ordinance as set forth under California Government
Code Section 65853, notice of the Planning Commission and City Council
hearings shall be issued separately, with the 10-day notice of the
City Council's hearing issued after the recommendation of the Planning
Commission has been received.
A.
Notice.
At least 10 calendar days prior to the hearing, notice shall be given
in the following manner:
1.
Mailed
notice to the owner of the subject real property or the owner's duly
authorized agent, to the project applicant and persons who have requested
notice of a hearing for a specific project.
2.
Mailed
notice to each local agency expected to provide water, sewage, streets,
schools or other essential facilities or services whose ability to
provide those facilities or services may be significantly affected.
3.
Mailed
notice to property owners listed on the last equalized assessment
roll within 500 feet of the subject property. If the number of parcels
is fewer than 30, the radius for the notice shall be increased to
750 then to 1,000 feet until the number of listed properties reaches
a minimum of 30.
The applicant shall provide appropriate mailing labels (name,
address and assessor's parcel number) for surrounding property owners
unless the city provides an alternate process.
If the number of owners to be mailed notice pursuant to this
paragraph or subsection (A)(1) is greater than 1,000, the city may
alternatively place a 1/8 page ad in a newspaper of general circulation
in the city.
4.
If
notice is mailed pursuant to subsection (A)(3), the notice shall also
be published in a newspaper of general circulation.
5.
For
City Council hearings, notice shall also be mailed to persons who
have provided written or oral comments on the subject item to the
Planning Commission.
6.
Nothing
in this section shall preclude additional notice.
B.
Contents
of Notice. The notice of the public hearing shall contain:
1.
A
general description of the matter to be considered and the permits
required. If the matter to be considered at the hearing is a zoning
ordinance or amendment to a zoning ordinance as set forth under California
Government Code Section 65853, the 10-day notice of the City Council
hearing shall include a brief description of the Planning Commission's
recommendation on the matter;
2.
Description
of the location of the property(ies) involved, in text or diagram;
3.
The
date, time and place of public hearing;
4.
The
identity of the hearing body;
5.
A
statement consistent with Section 1094.6 of the Code of Civil Procedure
regarding the time limit to commence any legal challenge, and matters
that may be raised.
(O2003-12; O2013-6, 9/17/13; O2015-14, 12/1/15)
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 noticed public hearing to a specific date. At his
own discretion an applicant may request that his or her project be
acted upon rather than continued.
(O2003-12)
Each application that goes to the City Council from the Planning
Commission, whether by appeal or as required by state law or provisions
of this title, shall appear on the City Council's next available agenda
after the Planning Commission's hearing on the application. The City
Clerk shall set the matter for hearing.
(O2003-12)
Compliance with public notice requirements prescribed by this
title shall be deemed sufficient notice to allow the city to proceed
with a public hearing and take action on an application regardless
of actual receipt of mailed or delivered notice. No action, inaction
or recommendation regarding any development by the Planning Commission
or City Council shall be held void or invalid or be set aside by any
court by reason or error or omission pertaining to the notices, including
the failure to give any notice required by this section, unless the
Court after an examination of the entire case shall be of the opinion
that the error or omission complained of was prejudicial, and that
by reason of such error or omission the party complaining or appealing
sustained and suffered substantial injury, and that a different result
would have been probably if such error or omission had not occurred
or existed. There shall be no presumption that the error or omission
is prejudicial or that injury was done if error or omission is shown.
(O2003-12)
A permit approved by the Community Development Director or Planning Commission shall become effective the day following the expiration of the appeal period as specified in Chapter 17.70 unless appealed. A permit approved by the City Council shall become effective the day following the Council decision, except for zoning amendments. See Chapter 17.66 for zoning amendments.
(O2003-12)
Any permit shall run with the land and shall continue to be
valid for the time frame specified whether or not there is a change
of ownership of the site or structure to which it applies.
(O2003-12)
A permit may be extended in accordance with Section 17.68.140 if the application for extension is made prior to expiration, and the extension is supported by the findings required for the issuance of the original permit.
(O2017-016, 12/19/17)
A.
General.
Requests for major changes in the conditions of approval of a permit,
or a change to site plans or operation that would affect a condition
of permit approval, shall be treated as an amendment. The procedures
for filing and processing an application for a permit amendment, shall
be the same as those established for an initial or new permit application.
B.
Minor
Amendments.
1.
Minor
amendments to a discretionary permit approved by the Planning Commission
or City Council, including conditions of approval, may be approved
by the Assistant City Manager for Development Services upon a written
finding that:
a.
No substantially new uses will be added, density will not be substantially
increased, and the structure will not be substantially enlarged;
b.
The changes are consistent with the intent and spirit of the original
approval;
c.
There are no resulting violations of this code or state law;
d.
There will be no new significant adverse environmental effects.
2.
Relatively
insignificant physical changes to a site plan, such as the use of
different landscape materials, slight alterations in building elevations,
rearrangement of the parking, insignificant relocation of structures
may be approved by the Community Development Director.
(O2008-8; O2017-016, 12/19/17)
A permit that is exercised in violation of a condition of approval or a provision of this chapter may be revoked, as provided in Chapter 17.72 (Enforcement).
(O2003-12)
If an application for a permit is denied or revoked, no new
application for the same or substantially the same, permit shall be
filed within one year of the date of denial or revocation of the initial
application, unless the denial is made without prejudice.
(O2003-12)
A.
Subject to subsection B below, each permit will expire two years after the effective date, unless: (1) a building permit (including a grading permit or a demolition permit) has been issued in furtherance of the permit and construction is diligently pursued, (2) a certificate of occupancy has been issued, or (3) the permit is extended in accordance with Section 17.68.130.
B.
To the extent that the decision-making body determines, at the time the permit is approved or conditionally approved, that particular circumstances warrant a different expiration date, the permit will expire within the time set forth on the permit, unless: (1) a building permit (including a grading permit or a demolition permit) has been issued in furtherance of the permit and construction is diligently pursued, (2) a certificate of occupancy has been issued, or (3) the permit is extended in accordance with Section 17.68.130.
(O2017-016, 12/19/17)