This chapter provides procedures and requirements for the preparation, filing, and initial processing of the land use permit applications required by this title.
(Ord. 205 § 1 (Exh. A), 2003)
Table 6-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this title.
(Ord. 205 § 1 (Exh. A), 2003)
A.
Pre-Application Conference. A prospective applicant is strongly encouraged to request a pre-application conference with the director before completing and filing a land use permit application. The purpose of this conference is to generally:
1.
Inform the applicant in general of town requirements as they apply to the proposed project;
2.
Review the town's approval process, possible project alternatives or modifications; and
3.
Identify the information and materials the town will require with the application, and any necessary technical studies and information relating to the environmental review of the project.
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 town staff. Any failure by town staff to identify all required studies or all applicable requirements does not constitute a waiver of those requirements. |
B.
Application Contents. Each application for a permit, amendment, or other matter pertaining to this title shall be filed with the director on a town application form, together with required fees and/or deposits, and all other information and materials required by the town's list of required application contents, as provided by the director. Applicants are encouraged to contact the director before submitting an application to verify which materials are necessary for application filing.
C.
Eligibility for Filing. An application may only be filed by the owner of the subject property, or other person with the written consent of the property owner.
TABLE 6-1 - REVIEW AUTHORITY | |||
|---|---|---|---|
Type of Decision | Role of Review Authority (1) | ||
Director | Planning Commission | Town Council | |
Administrative and Legislative | |||
Interpretation | Decision(2) | Appeal | Appeal |
General Plan Amendment | Recommend | Recommend | Decision |
Specific Plan | Recommend | Recommend | Decision |
Zoning Map Amendment | Recommend | Recommend | Decision |
Zoning Ordinance Amendment | Recommend | Recommend | Decision |
Land Use Permit/Development Approval | |||
Zoning Clearance | Decision(2) | Appeal | Appeal |
Master Development Plan | Recommend | Recommend | Decision |
Master Sign Plan | Decision(2) | Appeal | Appeal |
Minor Use Permit (MUP) | Decision(2) | Appeal | Appeal |
Use Permit (UP) | Recommend | Decision | Appeal |
Minor Variance | Decision(2) | Appeal | Appeal |
Variance | Recommend | Decision | Appeal |
Design Review - Permitted use or MUP | Decision | Appeal | Appeal |
Design Review - UP use | Recommend | Decision | Appeal |
Limited Term Permit | Decision | Appeal | Appeal |
Sign Permit | Decision(2) | Appeal | Appeal |
Notes: | |
|---|---|
(1) | "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 13.74. |
(2) | The director may defer action and refer the request to the commission, so that the commission may instead make the decision. |
(Ord. 205 § 1 (Exh. A), 2003)
A.
Fee Schedule. The council shall establish a schedule of fees for the processing of the applications required by this title, hereafter referred to as the town's fee schedule.
B.
Multiple Applications. The town's processing fees are cumulative. For example, if a proposed project requires the approval of both a use permit and a variance, both fees will be charged. Unusually large or complex projects may be subject to an hourly rate in addition to the basic application fees, at the discretion of the director.
C.
Timing of Payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees/deposits have been paid.
D.
Refunds and Withdrawals. The required application fees cover town costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Therefore, no refund due to a disapproval shall be allowed. In the case of a withdrawal, the director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal.
(Ord. 205 § 1 (Exh. A), 2003)
A.
Review for Completeness. The director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The director's determination of completeness shall be based on the town's list of required application contents (see Section 13.60.030(B)), and any additional instructions provided the applicant in any pre-application conference.
1.
Notification of Applicant. As required by Government Code Section 65943, within thirty calendar days of application filing, the applicant shall be informed in writing, 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 director's letter, must be provided.
2.
Appeal of Determination. 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 13.74.
3.
Time for Submittal of Additional Information. 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 (A)(4).
4.
Expiration of Application. If an applicant fails to provide the additional information specified in the director's letter within six months after the first filing with the department, the application shall expire and be deemed withdrawn. The director may grant one extension. After the expiration of an application, project approval shall require the submittal of a new, complete application.
B.
Referral. At the discretion of the director, or where otherwise required by this title or 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 project.
(Ord. 205 § 1 (Exh. A), 2003)
After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA), and the town's CEQA guidelines, to determine whether the project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration may be issued, or whether an environmental impact report (EIR) shall be required.
(Ord. 205 § 1 (Exh. A), 2003)
A.
Staff Evaluation. The director shall review all discretionary applications filed in compliance with this article to determine whether they comply and are consistent with the provisions of this title, other applicable provisions of the town code, the general plan, and any applicable specific plan.
B.
Staff Report. The director shall provide a written recommendation to the commission and/or council (as applicable) on whether the application should be approved, approved subject to conditions, or disapproved.
C.
Report Distribution. Each staff report shall be furnished to the applicant at the same time as it is provided to applicable review authority prior to a hearing on the application.
(Ord. 205 § 1 (Exh. A), 2003)