(a)
Procedures. This chapter provides procedures and requirements for
the preparation, filing, initial processing and review of applications
for the land use entitlements required by this title.
(b)
Discretionary Land Use Entitlements. Receiving approval of any discretionary land use entitlement identified in Chapters 21.16 through 21.30 of this title is considered a privilege, not a right. The applicable review authority shall make all of the required findings in a positive manner before approving the application.
(c)
Failure to Follow Requirements. Failure to follow the procedural
requirements shall not invalidate any city actions taken, in the absence
of a clear showing of intent not to comply with this title.
(Ord. 1308 § 5, 2000)
Table 4-1 (Review Authority) identifies the city official or
authority responsible for reviewing and making decisions on each type
of application or land use entitlement required by this title.
|
TABLE 4-1
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|---|---|---|---|---|
|
REVIEW AUTHORITY
| ||||
|
Type of Entitlement or Decision
|
Chapter
|
Director (1)
|
Planning Commission
|
City Council
|
|
Conditional Use Permits
|
21.36
|
|
Final
|
Appeal
|
|
Development Agreements
|
21.38
|
|
Recommend
|
Final
|
|
Development Code Amendments
|
21.34
|
|
Recommend
|
Final
|
|
Development Review
|
21.40
|
|
Final
|
Appeal
|
|
General Plan Amendments
|
21.34
|
|
Recommend
|
Final
|
|
Home Occupation Permits
|
21.42
|
Final
|
Appeal
|
Appeal
|
|
Interpretations
|
21.02
|
Final
|
Appeal
|
Appeal
|
|
Minor Variances
|
21.50
|
Final (2)
|
Appeal
|
Appeal
|
|
Master Sign Plan
|
21.34
|
|
Final
|
Appeal
|
|
Precise Plan of Design
|
21.44
|
|
Final
|
Appeal
|
|
Sign Permit
|
21.34
|
|
Final (3)
|
Appeal
|
|
Specific Plans
|
21.46
|
|
Recommend
|
Final
|
|
Temporary Use Permits
|
21.48
|
Final
|
Appeal
|
Appeal
|
|
Variances
|
21.50
|
|
Final
|
Appeal
|
|
Zoning Map Amendments
|
21.34
|
|
Recommend
|
Final
|
|
Notes:
| |
|---|---|
|
1.
|
The director may defer action on entitlement applications and
refer the item(s) to the commission for the final decision.
|
|
2.
|
The minor variance committee shall have the authority to review,
approve, or disapprove minor variances. The committee may also defer
action on minor variance applications and refer the item(s) to the
commission for the final decision.
|
|
3.
|
The commission's sign committee shall act as representatives
of the commission for purposes of sign review.
|
(Ord. 1308 § 5, 2000)
(a)
Application Contents. Applications for amendments, entitlements and
other matters pertaining to this title shall be filed with the department
in the following manner:
(1)
The application shall be made on forms furnished by the department;
(2)
All necessary fees shall be paid in compliance with the city's fee
resolution;
(3)
The application shall be accompanied by the information identified
in the department handout for the particular application, and may
include exhibits, maps, materials, plans, reports and other information
required by the department, to describe clearly and accurately the
proposed work, its potential environmental impact and its effect on
the terrain, existing improvements and the surrounding neighborhood;
(4)
Applicants are encouraged to contact the department before submitting
an application to verify which materials are necessary for application
filing; and
(5)
Acceptance of the application does not constitute an indication of
approval by the city.
(b)
Eligible Applicants. Applications may only be made by the owners
of property, or their agents or tenants, with the written consent
of the owner.
(c)
Concurrent Application Filing and Processing.
(1)
An applicant for a development project, which requires the filing of more than one application, shall file all related applications concurrently, unless waived by the director, and submit appropriate processing fees in compliance with Section 21.32.040 (Application fees) of this chapter.
(2)
Permit processing and environmental review shall be concurrent and
the final decision on the project shall be made by the appropriate
review authority, in compliance with Table 4-1 (Review Authority).
(d)
Applicant's Responsibility. It is the responsibility of the applicant
to establish the evidence in support of the findings required by the
applicable sections entitled "Findings and decision."
(e)
Application Not Eligible for Filing.
(1)
If the director determines that the application is not eligible for
filing because it lacks the proper components for the granting of
the application (e.g., a request for a zoning map amendment or tentative
map that could not be granted in absence of a required general plan
amendment application, a request for a conditional use permit allowing
a use that is not allowable in the subject zoning district, etc.),
the applicant shall be so informed.
(2)
If the application is subsequently filed and the required fee(s)
paid, the fact that the applicant was so informed shall be noted on
the application and the signature of the applicant shall constitute
verification of being informed.
(3)
Acceptance of the application does not constitute an indication of
approval by the city.
(4)
Filing Date. The filing date of an application for a conditional use permit, development review, home occupation permit, precise plan of design, temporary use permit or variance shall be the date on which the department receives the last submission, map, plan or other material required as a part of that application by subsection (a) of this section, above, in compliance with Section 21.32.050 (Initial application review) of this chapter and deemed complete by the development and environmental review committee (DERC) or director, as appropriate.
(Ord. 1308 § 5, 2000)
(a)
Filing Fees Required.
(1)
The council shall, by resolution, establish a schedule of fees for
amendments, entitlements and other matters pertaining to this title,
referred to as the city's fee resolution.
(2)
The schedule of fees may be changed or modified only by resolution
of the council.
(3)
The city's processing fees are cumulative. For example, if an application
for a lot line adjustment also requires a minor variance, both fees
shall be charged.
(4)
Processing shall not commence on an application until all required
fees have been paid.
(5)
Without the application fee the application shall not be deemed complete.
(b)
Refunds and Withdrawals.
(1)
Recognizing that filing fees are utilized to cover city costs of
public hearings, mailing, posting, transcripts and staff time involved
in processing applications, no refunds due to a disapproval are allowed.
(2)
In the case of a withdrawal, the director may authorize a partial
refund based upon the pro-rated costs to-date and determination of
the status of the application at the time of withdrawal.
(Ord. 1308 § 5, 2000)
All applications filed with the department shall be initially
processed as follows:
(1)
Completeness Review. The development and environmental review committee
(DERC) or director, as appropriate shall review all applications for
completeness and accuracy before they are accepted as being complete
and officially filed.
(A)
The applicant shall be informed in writing within thirty days of
submittal, either that the application is complete and has been accepted
for processing, or that the application is incomplete and that additional
information, specified in the letter, shall be provided.
(B)
Where the development and environmental review committee (DERC) or director, as appropriate, has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the director is not required, the applicant may appeal the determination, in compliance with Chapter 21.62 (Appeals) of this title.
(C)
When an application is incomplete, the time used by the applicant
to submit the required additional information shall not be considered
part of the time within which the determination of completeness shall
occur. The time available to an applicant for submittal of additional
information is limited by following subsection (1)(D) of this section.
(D)
Expiration of Application.
(i)
If a pending application is not able to be deemed complete within
one hundred eighty days after the first filing with the department,
the application shall expire and be deemed withdrawn.
(ii)
The director may grant one hundred eighty-day extension.
(iii)
A new application, including exhibits, fees, plans and other
materials which shall be required to commence processing of a project
application on the same property, may then be filed in compliance
with this title.
(2)
Referral of Application. At the discretion of the director, or where
otherwise required by this title, state or federal law, an application
may be referred to any public agency that may be affected by or have
an interest in the proposed/requested land use activity.
(Ord. 1308 § 5, 2000)
(a)
CEQA Review. After acceptance of a complete application, the project
shall be reviewed in compliance with this code, the California Environmental
Quality Act (CEQA) and the city's environmental review procedures,
to determine whether:
(b)
City's Guidelines. These determinations and, where required, the
preparation of EIRs, shall be in compliance with the city's environmental
review procedures.
(Ord. 1308 § 5, 2000)
(a)
Application Evaluation. The director shall review all applications
to determine whether they comply and are consistent with the provisions
of this title, other applicable provisions of this code, the general
plan, any applicable specific plan and environmental review.
(b)
Staff Report Preparation.
(1)
A staff report shall be prepared describing the conclusions/findings
about the proposed land use and development as to its compliance and
consistency with the provisions of this title, other applicable provisions
of the this code and the actions, goals, objectives and policies of
the general plan.
(2)
The written report shall include recommendations, with appropriate
findings, on the approval, approval with conditions or disapproval
of the application, based on the evaluation and consideration of information
provided by an initial study or environmental impact report.
(c)
Report Distribution. Staff reports shall be furnished to applicants
at the same time as they are provided to the members of the commission
and/or council, before a hearing on the application.
(Ord. 1308 § 5, 2000)
