This Chapter establishes procedures for the preparation, filing, and processing of applications for land use permits and other entitlements required by this Code.
(Ord. 1670(19) § 11)
Table 17.504.020.A (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Code.
Table 17.504.020.A: Review Authority1
Type of Action
Code Chapter/Section
Director2
Commission
Council
Amendments
Zoning Code Amendment
17.604
Recommend
Recommend
Decision
Zoning Map Amendment
17.604
Recommend
Recommend3
Decision
General Plan Amendment
17.604
Recommend
Recommend
Decision
Planning Permits and Approvals
Administrative Use Permit
17.508
Decision
Appeal
Appeal
Architectural Design and Site Development Review, Minor
17.512
Decision
Appeal
Appeal
Architectural Design and Site Development Review, Major
17.512
Recommend
Decision
Appeal
Certificate of Appropriateness
17.516
Decision/ Recommend4
Appeal/Decision4
Appeal
Removal of Property or Structure from Cultural Resources Study
17.516
Recommend
Decision
Appeal
Conditional Use Permit
17.520
Recommend
Decision
Appeal
Development Agreement
17.524
Recommend
Recommend
Decision
Minor Modification
17.528
Decision
Appeal
Appeal
Minor Use Permit
17.520
Decision
Appeal
Appeal
Planned Development, Preliminary Development Plan
17.532
Recommend
Decision
Appeal
Reasonable Accommodation
17.536
Decision
Appeal
Appeal
Sign Permit
17.540
Decision5
Appeal
Appeal
Sign Program
17.540
Decision
Appeal
Appeal
Temporary Use Permit
17.544
Decision
Appeal
Appeal
Variance
17.548
Recommend
Decision
Appeal
Other Actions
Designation of Landmark
17.616
Recommend
Decision
Appeal
Notes:
1
When multiple permits are required for the same project, the applications shall be reviewed, and approved or denied by the highest Review Authority, see Section 17.504.030(E)(2).
2
When the Director finds that a decision is beyond his or her purview of authority, when unique or special circumstances exist, or for any other reason in the Director's discretion, the application may be forwarded to the Commission for its determination. Also, depending on the required environmental review (Section 17.504.070), higher level Review Authority may be required. As defined in Chapter 17.704 (Definitions of Terms), Director includes the Director's designee.
3
If Commission recommends a denial, the application will not proceed to Council unless an appeal is filed (see Chapter 17.612 (Appeals)).
4
Certificates of Appropriateness are separated into Director and Commission review (see Section 17.516.040 (Review, Notice, and Hearing)).
5
Commercial or industrial signs facing residentially-zoned property require Commission approval.
- = Permit not appealable
(Ord. 1674(20) § 2; Ord. 1705(23) § 4; Ord. 1670(19) § 11)
A. 
Pre-Application Submittal (Optional). A prospective applicant is encouraged to submit an optional pre-application. A pre-application includes the submittal of preliminary project description, such as preliminary plans and designs, which will be reviewed by the Department, and in some cases, the Commission or other review bodies.
1. 
The Department will inform the applicant of applicable City requirements, provide a preliminary list of issues that will likely be of concern during formal application review, identify technical studies that may be required, and may suggest possible alternatives or modifications to the project based on input from various Departments and development standards, policies, or guidelines.
2. 
Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as either a recommendation for approval or denial of the application or project by any City staff.
3. 
Failure by City staff to identify all required studies or all applicable requirements shall not constitute a waiver of those studies or requirements.
4. 
A pre-application is not an application for purposes of permit streamlining deadlines and any comments or preliminary evaluation shall not bind future City actions.
B. 
Application Contents. Each application for a permit, amendment, or other matter pertaining to this Code shall comply with the following requirements:
1. 
Applications shall be filed on the form(s) provided by the Department, together with all required fees and/or deposits in compliance with Section 17.504.040 (Application Fees) and all other information and materials specified by the application requirements list provided by the Department for the specific type of application and/or as specified by the Director;
2. 
Applications shall be filed with the Department; and
3. 
It is the applicant's responsibility to provide evidence in support of the findings required for any permit or approval in compliance with this Code.
C. 
Eligibility for Filing. Applications shall be made: (1) by the owner of the subject property; or (2) by a lessee or any other person with the written consent of the property owner or an authorized agent. An authorized agent shall provide written authorization signed by the property owner.
D. 
Timing of Filing. Any land use permit required by this Code shall be filed with the City, processed and approved before the approval of any building, grading, or other construction permit or other authorization required by the LMC or this Code for the proposed use or structure.
E. 
Multiple Permit Applications.
1. 
Concurrent filing. An applicant for a project that requires the filing of more than one application (e.g., Conditional Use Permit and Architectural Design and Site Development Review, etc.), shall file all related applications concurrently, together with all application fees required by Section 17.504.040 (Application Fees), below, unless the concurrent filing requirements are waived by the Director.
2. 
Concurrent processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or denied by the highest review authority designated by Table 17.504.020.A for any of the applications (i.e., a project that requires a Conditional Use Permit and an Architectural Design and Site Development Review shall have both applications decided by the Commission, instead of the Director acting upon the Architectural Design and Site Development Review as otherwise required by Table 17.504.020.A (Review Authority)).
(Ord. 1670(19) § 11)
A. 
Fee Schedule. The Council shall, by resolution, establish a schedule of fees for permits, amendments, and other matters pertaining to this Code, provided the fees do not exceed the estimated actual cost of processing such applications. The schedule of fees may be changed or modified only by resolution of the Council.
B. 
Timing of Payment.
1. 
No application shall be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid.
2. 
Failure to timely pay required fees or deposits shall be a basis for postponement of any permit or other requested entitlement, notwithstanding any other provisions of this Code.
C. 
Refunds and Withdrawals. Recognizing that filing fees cover the costs of public hearings, posting, transcripts, and staff time involved in processing applications, refunds due to a denial are not allowed, except in the case of an appeal hearing by the Council in compliance with Chapter 17.612 (Appeals). In the case of a withdrawal, the Director may authorize a partial refund based upon the Director's determination of pro-rated costs to-date and the status of the application at the time of withdrawal.
D. 
Cost Accounted Projects. All direct costs of processing, reviewing, reporting, hearing, and acting upon applications shall be borne by the applicant. Costs shall be reimbursed to the City whether the application is approved, approved in modified form, or denied by the review authority. For cost accounted projects, an initial deposit shall be required by the City based upon an estimate of the City costs associated with processing, including pre-application meetings. The City shall then charge its expenses against the deposit. If funds deposited are insufficient to cover the City's costs, work on the application shall cease until adequate funds are deposited or City expenditures are fully reimbursed. Adequate notice shall be given to the applicant when insufficient funds are remaining to process the application.
(Ord. 1670(19) § 11)
A. 
Application Agreement.
1. 
At the time of submitting an application for a discretionary or legislative land use approval, the applicant shall agree as part of the application, to defend (with legal counsel of City's selection), indemnify, and hold harmless the City and its agents, attorneys, employees, and officers, from any action, claim, challenge, or proceeding brought against the City or its agents, employees, and officers which arises from or is related to the approval issued by the City.
2. 
The required indemnification shall include damages awarded against the City, if any, costs of suit, attorney's fees, and other costs and expenses incurred in connection with the action.
B. 
City Notification of Applicant. In the event that an action, claim, or proceeding referred to in Subsection A, is brought, the City shall promptly notify the applicant of the existence of the action, claim, or proceeding, if the City chooses to defend the action.
C. 
City Participation in Defense. Nothing in this Section shall require the City to participate or prohibit the City from participation in the defense of any action, claim, or proceeding.
(Ord. 1670(19) § 11)
A. 
Completeness Review. The Director shall review all applications for completeness and accuracy before they are accepted as being complete for processing.
1. 
Notification of applicant. The applicant shall be informed in writing within 30 calendar days of application submittal or resubmittal, as required by the Government Code, that either the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in writing, shall be provided before it can be accepted for processing.
2. 
Appeal of determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete or that the information required by the Director is not required, the applicant may appeal determination in compliance with Chapter 17.612 (Appeals).
3. 
Environmental information. The Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 17.504.070 (Environmental Review).
4. 
Expiration of application. If the applicant does not provide sufficient information to complete an application within 120 days after notification that the application submittal or resubmittal is incomplete, the application shall be deemed withdrawn, unless an extension is granted by the Director. A letter from the City shall be sent to the applicant documenting that the application has been withdrawn. A new application, including fees, plans, exhibits, and other materials that will be required to commence processing of any project on the same property, may then be filed in compliance with this Division.
B. 
Referral of Application. At the discretion of the Director, or where otherwise required by this Code, State or Federal law, any application filed in compliance with this Code may be referred to any City department or public agency that may be affected by or have an interest in the proposed land use activity.
(Ord. 1670(19) § 11)
A. 
Applicability. The City has the responsibility to comply with the California Environmental Quality Act (CEQA), in compliance with the State CEQA Guidelines and the most recently adopted City of Lompoc Environmental Review Guidelines (Environmental Review Guidelines). If conflict occurs between the Environmental Review Guidelines and CEQA or the State CEQA Guidelines, CEQA or the State CEQA Guidelines shall control.
B. 
CEQA Review. After acceptance of a complete application, the project shall be reviewed in compliance with CEQA and the Environmental Review Guidelines to determine whether:
1. 
The proposed project is exempt from the requirements of CEQA;
2. 
The proposed project is not a project as defined by CEQA;
3. 
A Negative Declaration may be issued;
4. 
A Mitigated Negative Declaration may be issued;
5. 
An Environmental Impact Report (EIR) shall be required; or
6. 
An addendum and/or supplemental information and materials are required in compliance with CEQA.
C. 
Compliance with CEQA. The determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA, State CEQA Guidelines, and Environmental Review Guidelines.
D. 
Procedures. The procedures established by the most recently adopted Environmental Review Guidelines, as may be amended, shall govern the preparation and review of environmental documentation.
E. 
Compliance with NEPA. Where applicable, projects shall also comply with the requirements of the National Environmental Policy Act (NEPA).
F. 
Special Studies Required. Special study(ies) may be conducted by the City, and consultant selection may be done at the City's sole discretion. Payment for special studies shall be provided by the applicant.
(Ord. 1670(19) § 11)
A. 
Project Review Procedures. Each application shall be analyzed by the Director to ensure that the proposed uses/activities and development are consistent with the proposed intent and requirements of this Code, any applicable design guidelines, CEQA, the General Plan, and any applicable specific plan. Additionally, any application which may involve substantial grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer. The threshold for substantial grading may be established by the City but may include the movement or redistribution of earth over a large portion of the site and/or the movement of more than 50 cubic yards of material.
B. 
Project Review Timeline. The City shall adhere to the required processing timelines outlined in CEQA and the Government Code as applicable.
C. 
Notice and Hearings. If a project is subject to a public hearing a permit application will be scheduled for the public hearing only after the Director has determined the application complete, in compliance with Section 17.504.060.A (Completeness Review), and after the required environmental review has been prepared, in compliance with Section 17.504.070 (Environmental Review). Noticing and public hearings shall be conducted in compliance with Chapter 17.608 (Public Hearings and Noticing).
(Ord. 1670(19) § 11)
A. 
In approving an application or permit, the review authority may impose specific development conditions as are found reasonable and necessary to ensure that the approval will be in compliance with the required findings.
B. 
Due to the potential for significant cultural resources throughout Lompoc, each conditionally approved project shall have the following conditions applied:
1. 
If cultural artifacts are unearthed during excavation, work shall stop, and a qualified archeologist shall evaluate the find. If deemed necessary by the evaluation, the archaeologist shall prepare the plan for the preservation or curation of the artifacts from the site. The implementation of the plan is overseen by the archeologist. If evidence of prehistoric artifacts is discovered, the Chumash Tribe shall be consulted. Construction work may be allowed to continue on other parts of the construction site while mitigation takes place. The archeologist shall file a resource record detailing the materials found and their disposition, as required by the State Historic Preservation Office.
2. 
If paleontological artifacts are unexpectedly unearthed during excavation, an experienced paleontologist shall conduct an evaluation of the artifacts and the site. An appropriate plan for the preservation of the artifacts shall be prepared by the paleontologist and implemented, while being overseen by that paleontologist. Construction work may be allowed to continue on other parts of the construction site while mitigation takes place.
3. 
If human remains are accidentally discovered or recognized during construction, all site excavation or other disturbance shall cease and the County Coroner shall be notified. Excavation shall not resume until the Coroner has determined that the remains are not subject to investigation in compliance with the Government Code and until any required recommendations on Native American remains have been made in compliance with applicable law. Construction work may be allowed to continue on other parts of the construction site while the requirements identified in this condition are being met.
(Ord. 1670(19) § 11)