306.1

SEC. 306.1. APPLICATIONS AND FILING FEES. (a) Who May Initiate. The persons and agencies that may file or otherwise initiate actions for amendments to the Planning Code, conditional uses and variances are indicated in Sections 302 through 305. The persons and agencies that may file or otherwise initiate actions for amendments to the General Plan are indicated in Section 340. (b) Where To File. Applications shall be filed in the office of the Planning Department. (c) Content of Applications. The content of applications shall be in accordance with the policies, rules and regulations of the Planning Department, Zoning Administrator, and Planning Commission. All applications shall be upon forms prescribed therefor, and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the case and for the permanent record. The applicant may be required to file with their application the information needed for the preparation and mailing of notices as specified in Section 306.3, and the information required by subsection 317(j). In addition to any other information required by the Planning Department, Zoning Administrator, and Planning Commission, an applicant for a conditional use authorization or variance who proposes a commercial use for the subject property shall disclose the name under which business will be, or is expected to be, conducted at the subject property, if such name is known at the time of application. The term “known” shall mean actual, not imputed knowledge, and shall consist of direct evidence including but not limited to a contract of sale, lease, or rental, or letter of intent or agreement, between the applicant and a commercial entity. If the business name becomes known to the applicant during the conditional use permit or variance processing period, the applicant promptly shall amend the application to disclose such business name. All applications must disclose whether there are existing residential uses and non-residential uses, and disclose the presence of any residential or non-residential tenants, located at the subject property at the time the application is submitted. (d) Verification. Each application filed by or on behalf of one or more property owners shall be verified by at least one such owner or their authorized agent attesting to the truth and correctness of all facts, statements and information presented. All applications shall include the following statement: “The information contained in this application is true and complete to the best of my knowledge, based upon diligent inquiry. This application is signed under penalty of perjury. I understand that willful or material misstatement(s) or omissions in the application may result in the cancellation of the application and a lapse of time before the application may be resubmitted.” The Zoning Administrator may cancel any Development Application as inaccurate and may require the applicant to re-file the application where the Zoning Administrator determines that the application includes material misstatements or omissions; provided, however, where the material misstatements or omissions relate to the presence or number of Unauthorized Dwelling Units or tenants on the property, the Zoning Administrator shall cancel any development application as inaccurate and shall require the applicant to re-file the application. Such cancellation shall not be considered to be a denial of the application on its merits. Where the Zoning Administrator determines that such material misstatements or omissions were made willfully, the Zoning Administrator may require that the applicant wait up to six months before re-filing an application for substantially the same project. The Zoning Administrator’s action in this regard may be appealed to the Board of Appeals pursuant to Section 308.2 of this Code. (e) Fees. Before accepting any application for filing, the Planning Department shall charge and collect a fee as specified in Article 3.5 or Article 3.5A of this Code. (Amended by Ord. 259-81, App. 5/15/81; Ord. 321-96, App. 8/8/96; Ord. 7-00, File No. 991428, App. 1/26/2000; Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY Divisions (c) and (d) amended; Ord. 170-25, Eff. 10/6/2025. Division (c) amended; Ord. 245-25, Eff. 1/12/2026. SEC. 306.2. SCHEDULING OF HEARINGS. When an action for an amendment to the Planning Code, Conditional Use, or variance has been initiated by application or otherwise, the Zoning Administrator shall set a time and place for a hearing thereon within a reasonable period. In the case of an application for a variance, such period shall not exceed 30 days from the date upon which the application is accepted for filing. When an action for an amendment to the General Plan has been initiated by the Planning Commission, the Planning Department shall set a time and place for a hearing thereon within a reasonable period. (Added by Ord. 235-68, App. 8/7/68; amended by