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A. Approving Authority. The approving authority as designated in Table 17.10.060-1 (Approving Authority for Land Use Entitlements) shall approve, conditionally approve, or deny the proposed land use or development permit in accordance with the requirements of this title. Table 17.10.060-1 (Approving Authority for Land Use Entitlements) identifies both recommending (R) and final (F) authorities for each permit. In acting on a permit, the approving authority shall make the applicable findings as established in Chapter 17.12 (Entitlements) and as may be required by other laws and regulations. An action of the approving authority may be appealed pursuant to procedures set forth in Section 17.10.070 (Appeals).
1. Multiple entitlements. When a proposed project requires more than one (1) permit with more than one (1) approving authority, all project permits shall be processed concurrently and final action shall be taken by the highest-level designated approving authority for all such requested permits.
Type of Permit or Decision | Designated Approving Authority “R” symbolizes the “Recommending Body” “F” symbolizes the “Final Decision-Making Body” | ||
Community Development Director | Planning Commission | City Council | |
Type of Permit or Decision | Designated Approving Authority “R” symbolizes the “Recommending Body” “F” symbolizes the “Final Decision-Making Body” | ||
Community Development Director | Planning Commission | City Council | |
Plan Check | F | ||
Similar Use Determination | F | ||
Reasonable Accommodations | F | ||
Administrative Use Permit (1) | ZA/F | ||
Temporary Use Permit (1) | ZA/F | ||
Administrative Design Review (1) | ZA/F | ||
Sign Permit | F | ||
Creative Sign Program | F | ||
Sign Program | R | F | |
Minor Deviation | F | ||
Variance | R | F | |
Conditional Use Permit | R | F | |
Comprehensive Design Review | R | F | |
Development Agreement | R | R | F |
Specific Plan or Specific Plan Amendment | R | R | F |
Prezoning | R | R | F |
Zoning Amendment (Text and Map) | R | R | F |
General Plan Amendment | R | R | F |
Small Cell Attachment Permit (2) | ZA/F | ||
Notes:
(1) As specified in Chapter 17.12, the Zoning Administrator is the final decision maker for these permit applications.
(2) As specified in Chapter 17.77, the Zoning Administrator is the final decision maker for these permit applications.
B. Referral.
1. Referral to Planning Commission. At any point in the application review process, the Community Development Director or Zoning Administrator may transfer decision making authority to the Planning Commission at his or her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project.
2. Public hearing. A referred application shall be considered at a noticed public hearing.
3. Referral is not an appeal. A referral to another decision-maker is not an appeal and requires no appeal application or fee.
4. Subsequent applications. The decision-maker on the referral may consider subsequent amendments, time extensions or revocations of the referred application. (Ord. 2019-03 § 2, 2019; Ord. 2010-02 § 1 (part), 2010)
A. Purpose and Applicability. The purpose of these provisions is to prescribe the procedure through which an appeal may be made in case an interested person is dissatisfied with any order, requirement, permit, decision, determination, approval or disapproval, made in the administration, interpretation or enforcement of this title.
B. Appeal Authority. Any person dissatisfied with a determination or action of the Community Development Director, Zoning Administrator, or Planning Commission made pursuant to this Article may appeal such action to the designated Appeal Authority listed in Table 17.10.070-1 (Appeal Authority) below, within ten (10) days from the date of the action. Actions by the City Council are final and no further administrative appeals are available.
Approving Authority for Action Being Appealed | Appeal Authority | |
Planning Commission | City Council | |
Community Development Director | X | |
Zoning Administrator | X | |
Planning Commission | X | |
C. Filing an Appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the grounds or legal basis for the appeal. Appeals shall be filed within ten (10) days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by City Council resolution, and submitted to the City Clerk. Any staff, City Attorney, or other appeals process costs beyond the filing fee shall be paid by the project applicant or developer as specified in the City’s Master Fee Schedule.
D. City Councilmember Appeal. A City Councilmember may appeal an action of the Planning Commission as specified in Section 17.10.070C. A City Councilmember appeal shall be processed in the same manner as an individual appeal from a member of the public.
E. 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-five (45) days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 17.10.050 (Public Hearing and Public Notice).
F. Appeal Hearing and Action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the Appeal Authority shall state the basis for its action. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. The action of the appeal authority is final on the date of decision and, unless expressly provided by this chapter, may not be further appealed. (Ord. 2017-01 § 2, 2017; Ord. 2010-02 § 1 (part), 2010)
Generally, the action to approve, conditionally approve, or deny a permit or entitlement authorized by this title shall be effective on the eleventh (11th) day after the date of action, immediately following expiration of the ten (10)-day appeal period. Legislative actions by the City Council (e.g., Zoning Amendment, General Plan Amendment, Specific Plans, and Development Agreements) become effective thirty (30) days from the date of final action and may not be appealed. In accordance with Section 17.06.030 (Rules of Interpretation), 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 required permit. (Ord. 2010-02 § 1 (part), 2010)
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