17.102.020 Discretionary actions and permits.
A. Director’s Actions. Except when combined with legislative actions or other nonadministrative actions defined in this article, the director, also defined in these zoning regulations as the designee of the director, is the designated review authority for the following quasi-judicial permits and actions, which are generally limited to interpretation of policy or relatively minor adjustments of zoning regulations standards. Additionally, the director has primary administrative authority over certain activities which require the determination of compliance with applicable zoning regulations provisions. The director, at the director’s sole discretion, may elevate the level of review to a higher review process and/or authority.
1. Affordable Housing Incentives. An action authorizing a residential density bonus that includes an alternative or additional incentive in compliance with Chapter 17.140 (Affordable Housing Incentives).
2. Development Review—Minor. An administrative action providing for the review of and action on certain development applications identified in Chapter 17.106 (Development Review).
3. Director’s Action on Exceptions. An administrative action granting exception (modification or deletion) to certain specified development standards of these zoning regulations in cases where strict compliance would result in a hardship, as specified in and processed in compliance with Chapter 17.108 (Director’s Action).
4. Home Occupation Permits. An administrative permit authorizing the operation of a specified home-based occupation in a particular location in compliance with the provisions of these zoning regulations and in compliance with procedures specified in Article 4, Section 17.86.140 (Home Occupations).
5. Reasonable Accommodation. An administrative permit authorizing limited modifications to properties to accommodate a person with physical or mental impairments that substantially limit one or more major life activities in compliance with specific criteria and performance standards and in compliance with procedures specified in Chapter 17.112 (Reasonable Accommodation).
6. Temporary Use Permits. An administrative permit authorizing specific limited term uses in compliance with specified conditions and performance criteria specified in Article 4, Section 17.86.260 (Temporary and Intermittent Uses).
7. Zoning Regulations Interpretations. An administrative interpretation of certain provisions of these zoning regulations in an effort to resolve conflict or ambiguity in the regulations and to ensure their consistent application in compliance with Chapter 17.04 (Interpretation of the Zoning Regulations).
B. Director’s Hearing. Except when combined with legislative actions, the director, via a public hearing process, is the designated review authority for the following quasi-judicial permits and actions. A public hearing is required for the following quasi-judicial actions in compliance with Chapter 17.109 (Director’s Hearing).
1. Development Review—Moderate. An administrative action providing for the review of and action on certain development applications identified in Chapter 17.106 (Development Review).
2. Director’s Hearing on Exceptions. An administrative action granting exception (modification or deletion) to certain specified development standards of these zoning regulations in cases where strict compliance would result in a hardship, as specified in and processed in compliance with Chapter 17.109 (Director’s Hearing), and other than those exceptions cited in Chapter 17.108 (Director’s Action).
3. Director’s Hearing on Various Permits. A quasi-judicial action authorizing the construction or alteration of specific development projects and as otherwise called for in these zoning regulations for projects subject to a director’s hearing. A public hearing is required in compliance with Chapter 17.122 (Public Notices and Hearings).
4. Minor Use Permits. A permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of these zoning regulations and in compliance with procedures specified in Chapter 17.110 (Minor Use Permits and Conditional Use Permits).
5. Revocation of Director’s Hearing Actions and Minor Use Permits. A judicial process providing for the review of potential violations of conditions of approval for an authorized use or structure, and for the revocation of such approval based upon findings set forth in Chapters 17.108 and 17.109.
6. Variances. An action granting exception to the development standards of these zoning regulations in cases where strict compliance would result in a unique hardship in compliance with Chapter 17.114 (Variances).
C. Planning Commission Permits and Actions. Except when combined with legislative actions, the planning commission is the designated review authority for the following quasi-judicial permits and actions. Additionally, the planning commission may review administrative permits and actions referred by the director. A public hearing is required for the following quasi-judicial actions in compliance with Chapter 17.122 (Public Notices and Hearings).
1. Adjustments to Standards in the Downtown-Commercial (C-D) Zone. A process for making adjustments, on a project-specific basis, to the development standards applicable to development in the C-D zone, as specified in Chapter 17.32 (Downtown-Commercial (C-D) Zone).
2. Building Setback Lines. A process for adoption of official building setback lines, as specified in Chapter 17.80 (Street Regulations).
3. Conditional Use Permits. A permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of these zoning regulations and the procedures specified in Chapter 17.110 (Minor Use Permits and Conditional Use Permits).
4. Development Review—Major. A process providing for the review of and action on certain development applications identified in Chapter 17.106 (Development Review).
5. PD Overlay Zone—Amendments to Final Development Plan. A process for reviewing proposed amendments to an adopted Planned Development Overlay (PD) Zone or final development plan as specified in Chapter 17.48 (Planned Development (PD) Overlay Zone).
6. Planning Commission Hearing on Various Exceptions and Special Development Projects. A quasi-judicial action authorizing an exception (modification or deletion) to certain specified development standards of these zoning regulations and for the construction or alteration of specific development projects and as otherwise called for in these zoning regulations. A public hearing is required in compliance with Chapter 17.122 (Public Notices and Hearings).
7. Revocation of Conditional Use Permits. A judicial process providing for the review of potential violations of conditions of approval for an authorized use or structure, and for the revocation of such approval based upon findings set forth in Chapter 17.110.
D. Legislative Actions. The designated review authority for all legislative actions is the city council, based on recommendations provided by the planning commission. A public hearing is required for the following legislative actions in compliance with Chapter 17.122 (Public Notices and Hearings):
1. Development Agreements and Amendments. An agreement between the city and a party with legal or equitable interest in the real property relating to the development of property in compliance with Chapter 17.128 (Development Agreements).
2. General Plan Text/Map Amendments. An action authorizing either a text amendment to the general plan or a map amendment changing the general plan land use designation of particular property in compliance with Chapter 17.130 (General Plan Amendments).
3. Specific Plan and Amendments. A regulatory document prepared in compliance with Government Code Section 65450 et seq. for the systematic implementation of the general plan for a particular area as specified in Chapter 17.50 (Specific Plan Overlay Zone).
4. Zoning Regulations Text/Zoning Map Amendments. An action authorizing either a text amendment to these zoning regulations or a map amendment changing the zoning designation of particular property in compliance with Chapter 17.124 (Amendments—Zoning Regulations and Zoning Map).
E. Multiple Permit Applications.
1. Concurrent Filing. An applicant for a development project that requires the filing of more than one application (e.g., conditional use permit, tentative map, etc.) shall file all related applications concurrently, together with all required application fees, unless these requirements for concurrent filing are waived by the director.
2. Concurrent Processing. Multiple applications for the same project shall be processed concurrently and shall be reviewed and acted upon by the highest review authority designated by these zoning regulations for any of the applications. For example, a project for which applications for moderate development review project and a conditional use permit are filed shall have both applications decided by the planning commission, instead of the director being the final decision-making authority for the moderate development review project. (Ord. 1705 §§ 56—60, 2021; Ord. 1650 § 3 (Exh. B), 2018)