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)
A. 
For a period of twelve months following the approval, disapproval, or revocation modification of a discretionary permit or approval, no application for the same or substantially similar discretionary permit or approval for the same site shall be filed.
B. 
The director shall determine whether the new application is for a discretionary permit or approval which is the same or substantially similar to the previously approved or disapprove permit or approval. The determination of the director may be appealed to the commission in compliance with this chapter.
C. 
The council may reconsider a previous determination it has made in compliance with Section 2.02.120 (Reconsideration hearing).
(Ord. 832 § 5(a), 2003)
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)