Government » Community Development Department » Permits

Approvals, decisions, and appeals

There are two kinds of approvals: ministerial and discretionary. Ministerial requires little or no personal judgment. Discretionary requires an exercise in judgment.

Ministerial

Ministerial approval involves little or no personal judgment by City staff. Approval is given if all the standards are met. If standards are not met, City staff will work with you until the standards can be met. If they cannot be met, the applicant may be asked to seek discretionary approval.

Examples:

Simple projects are sometimes referred to as “Over the Counter” because decisions are usually made the same day as the permit review.

Examples of “Over the Counter” ministerial approval:

  • Re-roof
  • Kitchen and bathroom remodels
  • Skylights
  • Plumbing, electrical, and mechanical
  • Furnace or water heater replacements
  • Home occupation permits
  • Encroachment permits

Discretionary

Discretionary approvals require an exercise in judgment or deliberation. Project applicants and members of the public can express support or contest the project and may appeal decisions. They often require one or more public hearings and a decision from one of these decision-making bodies:

  • Zoning Administrator
  • Design Review Commission
  • Planning Commission
  • City Council

Examples include:

Discretionary applications are generally processed on a first-come, first-served basis. Small projects may take just a few weeks to process. Complex projects requiring an environmental impact report can take many months. The planner assigned to the project can provide a tentative time estimate after their initial review of the project.

Decisions

There are five kinds of decision makers for ministerial and discretionary approvals:

City staff

Some decisions can be made by City staff. This can include a planner, technician, Planning Manager, Chief Building Official or the director of the Community Development department.

Zoning Administrator

The Zoning Administrator (ZA) is a City staff person who is appointed by the Planning Manager. They hold public hearings and make decisions on variances, minor use permits, and large family day care home permits. They also make decisions for appeals of home occupation permits. If a project is controversial or complex, they may decide that the Planning Commission should review and make the final decision.

Design Review Commission

The Design Review Commission creates and enforces standards, policies, and practices to promote and enhance the design of the build environment. They do this by reviewing development plans before construction.

Planning Commission

The Planning Commission reviews and decides land use permit applications. They evaluate projects against current standards and guidelines. They also make recommendations to the City Council about changes to the General Plan, zoning, and subdivisions.

City Council

The City Council makes final decisions for General Plan amendments, rezoning, and subdivisions. They also make decisions for appeals of the Planning Commission.

Appeals

Decisions by City staff, the Zoning Administrator, Design Review Commission, and Planning Commission can be appealed. An appeal can be filed within 10 days of the mailing date of the decision, or the Monday following if it’s a weekend.

If there is no appeal, the project is officially approved. This means the project has been granted it’s “entitlements” and the applicant can now get building and site development permits. Those permits can be approved through ministerial actions by City staff.

Appeal hearings are “de novo,” which means the entire project is open for discussion and not just the reason for the appeal.

Learn more about appeals.

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