The purpose of this chapter is to identify the procedures for
the filing and processing of the different land use permit or approval
applications contained within this division.
(Ord. 777 § 1 (Exh. A),
2002)
A. 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 deposits/fees in compliance with Section
17.36.050 (Fees).
B. Permit processing and environmental/design review shall be concurrent and the final decision on the project shall be made by the designated review authority, in compliance with Table 4-1 (Threshold of Review), Section
17.34.010.
(Ord. 777 § 1 (Exh. A),
2002)
A. A prospective
applicant is strongly encouraged to request a pre-application conference
with the department before submittal of land use permit or approval
applications.
B. This
conference should take place before any substantial investment (e.g.,
land acquisition, site, engineering and construction plans, etc.)
in the preparation of the proposed development project application.
During the conference, the department representatives) shall inform
the applicant of applicable general plan policies, plans, and requirements
as they apply to the proposed development project, review the appropriate
procedures identified in this title, and examine possible alternatives
or modifications relating to the proposed project. Preliminary evaluation
of environmental issues shall be addressed and potential technical
studies relating to future environmental review should be identified.
C. Neither
pre-application review nor the provision of available information
and/or pertinent policies shall be construed as a complete analysis
of a land use proposal or as a recommendation for approval/disapproval
by the department representative(s).
(Ord. 777 § 1 (Exh. A),
2002)
A. Applications
for amendments, permits and approvals, and other matters pertaining
to this ordinance 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 and/or deposits 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
address labels, 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.
1. Applications
may only be made by the owners or lessees of property, or their agents,
with the written consent of the owner; or
2. Persons
who have contracted to purchase or lease property contingent upon
their ability to acquire the necessary permits and approvals in compliance
with this title.
C. If
the director determines that the application does not support a prima
facie right to 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, or a
request for a conditional use permit allowing a use that is not allowable
in the subject zoning district, etc.), the city shall not accept the
application.
D. The filing date of an application shall be the date on which the department receives the last submittal, map, plan, or other material required as a part of that application by subsection
A, above, in compliance with Section
17.36.060 (Initial application review).
(Ord. 777 § 1 (Exh. A),
2002)
A. Filing
Fees Required.
1. The council shall, by resolution, establish a schedule of fees for amendments, permits and approvals, and other matters pertaining to this title, referred to as the city's fee resolution, in compliance with Municipal Code Section
3.50.040 (Schedule of fees and service charges).
2. The
schedule of fees may be changed only by resolution of the council.
3. The
city's processing fees are cumulative. For example, if an application
for a parcel map also requires a minor variance, both fees shall be
charged.
4. Processing
shall not commence on an application until all required fees/deposits
have been paid.
5. Without
the application fee, the application shall not be deemed complete.
6. The
city is not required to continue processing any application unless
all fees are paid in full.
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 for disapproved projects are allowed.
2. In
the case of a withdrawal, the director may authorize a partial refund
based upon the prorated costs to-date and determination of the status
of the application at the time of withdrawal.
(Ord. 777 § 1 (Exh. A),
2002)
All applications filed with the department shall be initially
processed as follows:
A. The
director shall review all applications for completeness and accuracy
before they are accepted as being complete and officially filed.
1. 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.
2. Where the director 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
17.76 (Appeals).
3. 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 subsection
(A)(4).
4. Expiration
of Application.
a. 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.
b. 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.
5. After an application has been accepted as complete, the director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section
17.36.070 (Environmental assessment).
6. An
application shall not be deemed complete, and/or shall not be processed
or approved, in the event that a conditions) exists on the subject
property in violation of this title or any permit or approval granted
in compliance with this title, other than an application for the permit
or approval, if any, needed to correct the violation(s).
B. 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
land use activity.
(Ord. 777 § 1 (Exh. A),
2002)
A. After
acceptance of a complete application, the project shall be reviewed
in compliance with the California Environmental Quality Act (CEQA)
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. Whether
a negative declaration may be issued;
4. Whether
a mitigated negative declaration may be issued; or
5. Whether
an environmental impact report (EIR) shall be required.
B. These
determinations and, where required, the preparation of EIRs, shall
be in compliance with CEQA.
C. A special
study may be required to supplement the city's CEQA compliance review.
(Ord. 777 § 1 (Exh. A),
2002)
All uses shall be subject to the applicable provisions of this
title, including the procedures identified in the following chapters:
17.76 Appeals
17.74 Public Hearings.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 832 § 5(b),
2003)