Alturas Municipal Code Div. 2 General Application Procedures

This Section establishes the application requirements and noticing provisions necessary to process applications for planning permits and adjustments in lot lines for all zones.

(Ord. No. 503, 12-16-2014)

All applications shall comply with the following requirements and be processed according to these general procedures:

A. Who Can File. A permit application may be filed by:

1. The lawful owner(s) of record of the lot affected by the application, or their duly authorized agent. Evidence of authorization shall be submitted with the application.

2. A person with lawful power of attorney or other acceptable authority from the lawful owner of record. Evidence of authorization shall be submitted with the application.

3. Action of the City Council.

B. Concurrent Application Submittal. When more than one land use decision is required for a single project, all applications may be filed concurrently. The Decision Making Authority shall act on the different parts of a combined application on their own merits, and may approve one application without approving the other(s).

C. Application Content. An application package shall include:

1. All forms requested by the Department;

2. The written consent of the lawful owner or owners of record, including any applicable documents identifying an "authorized agent" or person with "power of attorney" as indicated in Subsection A above;

3. All the information and materials necessary to render a decision on the request; and

4. The required application fee, pursuant to a fee schedule adopted by the Council.

D. Omissions. Approvals granted for an application that was based on an application containing a material misrepresentation or omission of material facts known to the applicant may result in revocation or unilateral modification of conditions of a permit or approval by the City, as provided in Section 28.54.090 (Revocation, etc.).

E. Expiration of Application. The application shall expire and be deemed withdrawn, stopping all processing and requiring the filing of a new application for project consideration, if:

1. An application has been determined to be incomplete and:

a. The required information is not submitted within 30 days from the date of determination of incompleteness, and

b. The applicant has not requested a delay in processing. All processing delay requests must be in writing, and must specify the date processing is requested to commence.

2. An applicant has requested that processing be delayed or stayed for a period of more than six months.

(Ord. No. 503, 12-16-2014)

When required by this Article, public notice shall be prepared in one or more of the following ways.

A. Posting. When a provision of this chapter requires notice to be posted pursuant to this Subsection, the notice shall be posted outside the City Clerk's Office. In the case of public hearings, the notice shall be posted at least 10 days prior to the hearing, and shall include the information specified in Government Code Section 65094.

B. Established Mailing List. When a provision of this chapter requires notice be given pursuant to this Subsection, the notice shall be mailed to any person who has filed a written request to receive public notices with the City Clerk. The City Clerk may charge a fee which is reasonably related to the costs of providing this service, and the City Clerk may require each request to be annually renewed. In the case of public hearings, the notice shall be mailed at least 10 days prior to the hearing, and shall include the information specified in Government Code Section 65094.

C. Contiguous Properties. When a provision of this chapter requires notice be given pursuant to this Subsection, the notice shall be mailed or delivered to any person who owns or rents property that shares a lot line with the real property listed in the pending application. No fee shall be charged for this service, except as approved by the Council as part of the fee paid by the applicant as part of the intake process. In the case of public hearings, the notice shall be mailed at least 10 days prior to the hearing, and shall include the information specified in Government Code Section 65094.

D. 300 Foot Notice. Pursuant to Government Code Section 65091, when a provision of this chapter requires notice be given pursuant to this Subsection, notice shall be mailed or delivered to any person who owns or rents property within 300 feet of the real property listed in the pending application. No fee shall be charged for this service, except as approved by the Council as part of the fee paid by the applicant as part of the intake process. In the case of public hearings, the notice shall be mailed at least 10 days prior to the hearing, and shall include the information specified in Government Code Section 65094.

Source of Addresses: The City shall use the records of the County Assessor or Tax Collector for owner mailing addresses, and the site address for renter addresses unless a more reliable source of address information is readily available.

Newspaper Ad in Lieu of Mailing. If the number of owners to whom notice would be mailed or delivered pursuant to this section is greater than 1,000 (as may be the case for large projects) the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City at least 10 days prior to the hearing.

E. Publication in Newspaper. Pursuant to Government Code Section 65091, when a provision of this chapter requires notice be given pursuant to this Subsection, notice shall be published one time in at least one newspaper of general circulation within the City. In the case of a public hearing, the notice shall be published at least 10 days prior to the hearing. Hearing notices shall include the information specified in Government Code Section 65094.

F. Internet, Optional Posting. If the City has an active website or blog, staff shall try to post notices of projects, including the availability of environmental documents, on the website on the same day they are mailed to the public. This action is considered a courtesy posting and is subject to staff availability.

G. Mailing to Owner/Applicant. Any notice published or posted pursuant to this section shall also be mailed to the owner of the subject real property, the owner's duly authorized agent (if any), and to the project applicant (if different from the owner or authorized agent).

(Ord. No. 503, 12-16-2014)

In approving an application, the Decision Making Authority may establish reasonable conditions to its approval that are found to be necessary to mitigate impacts created by the proposed project, that are consistent with the General Plan, Zoning Ordinance, and other applicable laws, ordinances, standards, or regulations, and that protect the public health, safety, and welfare.

A. Conditions of approval may be revised in compliance with Section 28.54.070 (Revisions to an Approved Permit or Authorization).

B. The violation of any required condition shall constitute a violation of this Section and may constitute grounds for revocation of the permit or authorization in compliance with Section 28.54.090 (Revocation, etc.).

C. The Decision Making Authority may require recordation of the conditions of approval where conditions require ongoing maintenance, or the use or approved change run with the land (such as in a Use Permit or Variance).

(Ord. No. 503, 12-16-2014)

A. Within 10 days of a final decision on an application required by this Article, the City shall provide notice of its final action to the applicant and to any person(s) who specifically requested notice of the City's final action and has provided a self-addressed stamped envelope.

B. The notice shall contain the final decision by the Decision Making Authority, any conditions that may have been imposed, and the findings made to support the decision.

(Ord. No. 503, 12-16-2014)