Section 9107.03 — Application Processing Procedures

A.

This Division provides procedures and requirements for the preparation, filing, and initial processing of the land use permit applications required by the City and specified in this Development Code.

B.

Table 7-1 (Review Authority), identifies the Review Authority responsible for reviewing and making decisions on each type of application required by this Development Code.

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; "Issue" means that the Review Authority grants the Zoning Clearance after confirming compliance with all applicable provisions of this Development Code; and "Appeal" means that the Review Authority may consider and decide upon appeals to the decision of an earlier decision making body, in compliance with Section 9108.07 (Appeals).

(2) The final Review Authority for a Conditional Use Permit granting a Density Bonus, in compliance with Section 9107.03 (Application Processing Procedures) shall be the Council, with the Commission first making a written recommendation to the Council.

(3) The Director may defer action and refer the request to the Commission for consideration and final decision.

(4) The Commission may defer action and provide a recommendation to the Council for consideration and final decision.

(5) A Zoning Clearance (ADU) may only be appealed if a determination pursuant to 9103.070.050.D.4.a or 9107.27.030.D.1 has been made.

(6) For Site Plan and Design Review: Homeowners Association Areas, the Director Review shall include reviews by the Director under the City Review process, reviews by the HOA ARB Chairperson under the Short Review process and reviews by the HOA Architectural Review Board under the Regular Review process.

(Ord. No. 2347, § 4(Exhs. A, B), 6-6-17; Ord. No. 2363, § 4(Exh. A), 11-5-19; Ord. No. 2375, § 4(Exh. A), 4- 6-21; Ord. No. 2400, § 4(Exh. A), 2-20-24)

A.

Concurrent Filing. An applicant for a development project that requires the filing of more than one application (e.g., Conditional Use Permit, Tentative Map, etc.), shall file all related applications concurrently, together with all application fees required by Subsection 9107.03.050 Filing Fees Requirements), below, unless these requirements are waived by the Director.

B.

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 this Development Code for any of the applications. For example, a project for which applications for Zoning Map Amendment and a Conditional Use Permit are filed shall have both applications decided by the Council, instead of the Commission being the final decision making authority for the Conditional Use Permit as otherwise required by Table 7-1 (Review Authority), above. In the example cited, the Commission would still hear all of the applications (the Zoning Map Amendment and the Conditional Use Permit) and forward recommendations to the Council.

C.

Pre-Application Conference.  

A prospective applicant is strongly encouraged to request a pre-application conference with the Director or designated Department Staff member before completing and filing a permit application required by this Development Code.

The purpose of a pre-application conference is to generally:

a.

Inform the applicant of City requirements as they apply to the proposed project;

b.

Discuss the City's review process, possible project alternatives, or modifications; and

c.

Identify information and materials the City will require with the application, including any necessary technical studies and information anticipated for 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 the City's representative.

Failure of the City's representative to identify all required studies or all applicable requirements at the time of pre-application review shall not constitute a waiver of those studies or requirements.

A.

An application may only be filed by the owner of the subject property or a lessee or authorized agent of the property owner with the written consent of the property owner. With the Director's approval, a lessee with the exclusive right to use the property for a specified use may file an application related to that use.

B.

The application shall be signed by the owner of record or may be signed by the lessee or by authorized agent of the property owner if written authorization from the owner of record is filed concurrently with the application.

A.

Each application for a permit, amendment, or other matter pertaining to this Development Code shall be filed with the Department or ARB Chairperson on a City application form, together with all required fees and/or deposits and all other information and materials specified in the most up-to-date Department handout for the specific type of application and/or as specified by the Director.

B.

Applicants are encouraged to contact the Director or ARB Chairperson before submitting an application to verify which materials are necessary for application filing.

C.

No application shall be received unless it fully complies with the requirements specified for the application.

D.

Applications filed in compliance with this Division shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the City, and shall contain copies of all notices and actions pertaining to the application.

(Ord. No. 2363, § 4(Exh. A), 11-5-19)

A.

Fee Schedule.  

The Council shall establish a schedule of fees for the processing of the applications required by this Development Code, hereafter referred to as the Fee Schedule.

The Fee Schedule is intended to allow recovery of all costs to the maximum extent by law, incurred by the City in processing permit applications.

The Fee Schedule may be amended as often as deemed necessary by the Council.

B.

Timing of Payment.  

Applications shall not be deemed complete, and processing shall not commence, on any application until all required fees or deposits have been paid. Payment of required fees and/or deposits shall not deem the application complete in compliance with Section 9107.03.060 (Initial Application Completeness Review), below.

Failure to timely pay supplemental requests for payment of required fees and/or deposits shall be a basis for denial or revocation of any permit or other requested entitlement, notwithstanding any other provisions of this Development Code.

C.

Refunds and Withdrawals.  

Application fees cover City costs for public hearings, mailings, staff and consultant time and the other activities involved in processing applications.

No refund due to denial shall be allowed.

In the case of a withdrawal or rejection, 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 or rejection.

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 City's most up-to-date list of required application contents and any additional written instructions provided to the applicant in any pre-application conference and/or during the initial application review period.

Notification of Applicant. Except for Site Plan and Design Review (Section 9107.19) and Site Plan and Design Review: Homeowners Association Areas (Section 9107.20) for single-family dwellings and as required by Government Code Section 65943, within 30 days following 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, shall be provided.

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 Director's determination in compliance with Section 9108.07 (Appeals).

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 the following Subparagraph A. 4.

Expiration of Application.  

a.

If an applicant fails to provide the additional information specified in the Director's letter within 90 days following the date of the letter, or shorter time frame as determined by the Director, the application shall expire and be deemed withdrawn without any further action by the City, unless an extension is approved by the Director for good cause shown.

b.

After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.

Environmental Information. 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 the California Environmental Quality Act (CEQA), the City's CEQA guidelines, and Section 9107.03.070 (Environmental Assessment), below.

B.

Referral of Application. At the discretion of the Director, or where otherwise required by this Development Code 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. No. 2363, § 4(Exh. A), 11-5-19)

A.

CEQA Review. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine whether:

The proposed project is exempt from the requirements of CEQA;

The proposed project is not a "project" as defined by CEQA;

A Negative Declaration may be issued;

A Mitigated Negative Declaration may be issued; or

An Environmental Impact Report (EIR) and related documents shall be required.

B.

Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and the City's CEQA guidelines.

C.

Special Studies Required. One or more special studies, paid for in advance by the applicant, may be required to complete the City's CEQA compliance review. These studies shall become public documents and neither the applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents' availability to the public.

A.

Director's Evaluation. The Director shall review all discretionary applications filed in compliance with this Division to determine whether they comply and are consistent with the provisions of this Development Code, other applicable provisions of the Municipal Code, the General Plan, and any applicable specific plan.

B.

Commission Investigation. The Commission shall cause to be made by its own members, or members of its City Staff, an investigation of the facts bearing upon the application that will serve to provide all information necessary to ensure that the action on each application is consistent with the intent of this Development Code and with previously approved amendments, Modifications, or Variances.

C.

Staff Report. The Director shall provide a written recommendation to the Commission and/or Council (as applicable) as to whether the application should be approved, approved subject to conditions, or denied.

D.

Report Distribution. Each staff report shall be furnished to the applicant at the same time as it is provided to the Review Authority before action on the application.

E.

Administrative Act. All acts performed by City officers under the provisions of this Division shall be construed as administrative acts performed for the purpose of ensuring that the purpose and intent of this Division shall apply in special cases, as provided in this Division, and shall not be construed as amendments to the provisions of this Division or the Official Zoning Map.

F.

Notice of the Decision. Within five days after final action by the applicable Review Authority on an application, notice of the decision in the matter shall be mailed to the applicant at the address shown upon

the application and to all other persons who have filed a written request for notices of decision with the Department.

G.

Not Construed as Amendments. All acts performed by City officers under the provisions of this Division shall be construed as administrative acts performed for the purpose of ensuring that the intent and purpose of this Development Code shall apply in special cases as provided in this Division and shall not be construed as amendments to the provisions of this Development Code or the Official Zoning Map of the City.

Section 9107.05 - Administrative Modifications