Chapter 88.50 — PLANNING PERMIT FILING AND PROCESSING

88.50.010. - Purpose. This chapter provides procedures and requirements for the preparation, filing, and processing of applications for the planning permits required by this Development Code. 88.50.020. - Authority for Land Use and Zoning Decisions.

Table 5-1 (Review Authority) identifies the city official or body responsible for reviewing and making decisions on each type of application, planning permit, and other approvals required by this Development Code.

When a single project incorporates different land uses or features so that this Development Code requires multiple planning permit applications, the director may determine that all of the applications shall be reviewed, and approved or disapproved, by the highest level review authority assigned by Table 5-1 to any of the required applications. (For example, a project that requires a zoning map amendment and a use permit may be reviewed, and approved or disapproved by the council (after a recommendation from the commission), where a use permit application by itself may be reviewed and acted upon by the planning commission).

TABLE 5-1. REVIEW AUTHORITY

;sz=8q; 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. The review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Division 88.56 (Appeals).

(2)

Decisions on design review are by the director, except that where the project also requires discretionary planning permit approval (i.e., minor use permit, use permit, minor variance, or variance), design review shall instead be by the review authority for the other discretionary planning permit.

(Ord. No. 06-O6, § 1B, 8-7-06)

The preparation and filing of applications for planning permits, amendments (e.g., general plan, zoning map, and Development Code), and other matters pertaining to this Development Code shall comply with the following requirements.

A.

Pre-Application Review.

1.

A prospective applicant or agent is strongly encouraged to request a pre-application review with the department before completion of project design and the formal submittal of a permit application.

2.

A request by an applicant for pre-application review shall be accompanied by preliminary project plans and designs and the required filing fee.

3.

City staff will inform the applicant of requirements as they apply to the proposed project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible alternatives or modifications to the project, and identify any technical studies that may be necessary for the environmental review process when a formal application is filed.

Neither the pre-application review nor information and/or pertinent policies provided by the department shall be construed as a department recommendation for approval or disapproval of the application/project.

B.

Application Contents, Fee. Applications shall include the forms provided by the department, and all information and materials required by the application content requirements handout provided by the department for the specific type of application (e.g., use permit, variance, or others), and the filing fee required by the council.

C.

Eligibility for Filing. An application may only be filed by the owner of the site that is the subject of the application, or other person with the written consent of the property owner.

The council shall establish by resolution a schedule of fees for full city cost recovery for the processing of planning permits, amendments, and other matters pertaining to this Development Code, referred to as the council's fee resolution. The schedule of fees may be changed or modified by resolution of the council, from time to time.

Each application filed with the department in compliance with this Development Code shall be initially processed as follows.

A.

Completeness Review. The director shall review all applications for completeness and accuracy before they are accepted as being complete in compliance with Section 88.50.040.B (Application contents, fee).

1.

Notification of Applicant. The applicant shall be informed in writing within 30 days of submittal whether the application incomplete and that additional information is required for a complete application.

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 accordance with Chapter 88.56 (Appeals).

B.

Disapproval of Application for Violations on the Site. The director shall reject and not process an application if conditions exist on the site in violation of this Development Code or any other city permit or approval, except where the application includes measures to correct the violation, or application approval and/or conditions of approval can correct the violation. The director's authority under this subsection shall apply whether:

1.

The current applicant was the owner of the subject property at the time the violation occurred; or

2.

The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.

The Director's decision may be appealed in accordance with Chapter 88.56 (Appeals).

C.

Referral of Application. At the discretion of the director, or where otherwise required by this Development Code, state, or federal law, any application filed in compliance with this Development Code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA), and the city'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.

A.

Staff Evaluation. The director shall review all applications filed in compliance with this chapter to determine whether they comply with the provisions of this Development Code, other applicable provisions of the Municipal Code, and the general plan. Staff will conduct an environmental assessment as part of the project review.

B.

Staff Report Preparation.

1.

The planning division shall prepare a staff report that describes conclusions about the proposed land use and any development as to its compliance and consistency with the provisions of this Development Code, other applicable provisions of the Municipal Code, the general plan, and any applicable specific plan.

2.

The staff report shall include recommendations on the approval, approval with conditions, or disapproval of the application, based on the project evaluation, and consideration of information provided by an initial study or environmental review document (e.g. negative declaration, environmental impact report, etc.).

C.

Report Distribution. Staff reports shall be furnished to the applicants at the same time as they are provided to the review authority before the public hearing, or if no hearing is required, prior to action on the application.

CHAPTER 88.51. - PERMIT REVIEW AND DECISIONS