Beaumont Municipal Code Art. I General Provisions

A. The purpose and intent of this chapter is to implement the Permit Streamlining Act (Chapter 4.5, commencing with Section 65920 of Division 1 of Title 7 of the Government Code, as added by Assembly Bill 884 Chapter 1200, Statutes of 1977, and as subsequently amended).

B. It is further intended by this chapter to ensure that state and local agencies, and the general public have a clear understanding of the specific requirements which must be met in connection with the approval of development projects and to expedite decisions of such projects.

(Ord. 560 §1 (part), 1983)

This chapter applies generally to all defined development projects approved by the City.

(Ord. 560 §4, 1983)

Whenever the following words are used in this chapter, they shall have the meaning given them in this section, unless otherwise defined. These definitions are intended to clarify but not replace or negate the definitions used in Chapter 4.5 of Division I of Title 7 of the Government Code.

A. Administrative appeal. "Administrative appeal" means review, as provided by law, rule, regulation or ordinance, of an approval or denial of an application for a development project either by a body within the public agency or by an agency at another level of government, such as the California Coastal Commission.

B. Air Pollution Control District. "Air pollution control district" means any district created or continued in existence pursuant to the provisions of Part 3 (commencing with Section 4000) of Division 26 of the Health and Safety Code.

C. Applicant. "Applicant" means a person who requests in writing the approval of a lease, permit, license, certificate, or other entitlement for use from one or more public agencies which may be required for a development project proposed by that person.

D. Application. "Application" means the form and information submitted by an applicant. The form and information is to be used to determine whether to approve or deny permits or other entitlement for use. It shall also serve as the factual basis from which an Initial Study is conducted to determine potential significant environmental impacts. One development project may require one or more permits from the same public agency, depending on the number of entitlements for use required by individual agency procedures or regulations.

E. Approval. "Approval" means the issuance or commitment to issuance by a public agency of each lease, permit, license, certificate or other entitlement for use for a development project for which an application was accepted as complete. The exact date of approval of any development project is determined by each public agency according to its rules, regulations and ordinances, consistent with these guidelines. "Approval" includes all actions required by all public agency departments and organizational units which must act upon the permit in order for it to be validly issued, but does not include administrative appeals.

F. CEQA—California Environmental Quality Act. "California Environmental Quality Act (CEQA)" means California Public Resources Code Sections 21000, et seq.

G. Combined Environmental Impact Report—Environmental Impact Statements. A "combined EIR/EIS" means an environmental document prepared cooperatively by the state lead agency under the California Environmental Quality Act (CEQA) and the federal lead agency under the National Environmental Protection Act (NEPA) to comply with both the California Environmental Quality Act and the National Environmental Protection Act.

H. Development. "Development" means the:

1. Placement or erection of any solid material or structure on land, in water, or under water;

2. Discharge or disposal of solid, liquid, gaseous or 'thermal waste or any dredged material;

3. Grading, removing, dredging, mining or extraction of any materials;

4. Change in density or intensity of use of land including subdivisions (pursuant to Subdivision Map Act, commencing with Section 66410 of the Government Code) or other division of land, except land divisions produced by public agency acquisition of land for public recreation uses, and except the approval or disapproval of final subdivisions maps;

5. Change in intensity of use of water or altered access to water;

6. Construction, reconstruction, demolition or alteration of any structure;

7. Removal or harvesting of major vegetation, except for agricultural operations, kelp harvesting, or timber operations which comply with an approved timber harvest plan submitted pursuant to the Z'berg-Nejedly Forest Practices Act of 1973 (Chapter 8, commencing with Section 4511, of Part 2, Division 4 of the Public Resources Code).

As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. "Development" does not mean a "change of organization," as defined in Section 56028; a "change of organization of a city," as defined in Section 35027; a "reorganization," as defined in Section 56068; or a "municipal reorganization," as defined in Section 35042 of the Government Code.

I. Development project. "Development project" means any project undertaken for the purpose of development. "Development project" includes a projection involving the issuance of a discretionary permit for construction or reconstruction. "Development project" does not include the issuance of a permit to operate after approval of construction or reconstruction, or any ministerial projects proposed to be carried out or approved by public agencies.'

J. Environmental documents. "Environmental documents" means Initial Studies, Notices of Preparation, Negative Declarations, Draft and Final Environmental Impact Reports (EIRs), Notices of Completion and Notices of Determination as defined in the state EIR Guidelines contained in Chapter 3, Division 6, of Title 14 of the California Administrative Code.

K. Lead agency. "Lead agency" means the public agency which has the principal responsibility for carrying out or approving a project. "Lead agency" means the same lead agency as determined pursuant to the California Environmental Quality Act.

L. Local agency. "Local agency" means any public agency other than a state or federal agency, board or commission. "Local agency" includes, but is not limited to cities, counties, charter cities, a city and county, districts, school districts, special districts, redevelopment agencies, and any board, commission or organizational subdivisions of a local agency are normally considered part of one local agency and are not separate local agencies.

M. Permit Streamlining Act. "Permit Streamlining Act" means Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, as added by Assembly Bill 884 (Chapter 1200, Statutes of 1977), and as subsequently amended.

N. Project. "Project" means any activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. "Project" differs in meaning from the same word in the California Environmental Quality Act. "Project" includes but is not limited to activities requiring the following entitlements for use:

1. The adoption or amendment of a zoning ordinance applied for by a private applicant (pursuant to Government Code Sections 65850, et seq.), which is limited in its effect to only one identified development project site. As used in this section, "site" means a specific, relatively small parcel or contiguous parcels of real property;

2. A tentative map or parcel map under the Subdivision Map Act (Government Code Sections 66410, et seq.);

3. A use permit or conditional use permit;

4. A variance;

5. Review under a discretionary ordinance, such as a design review ordinance;

6. Other applicable discretionary approvals.

"Project" does not include the following activities of a public agency:

1. Issuing a contract, grant, subsidy, loan, or other form of financial assistance;

2. Taking a legislative or quasi-legislative action, such as issuing rules or regulations;

3. Proposing development to be carried out by that public agency;

4. Adopting or amending a local agency general plan (pursuant to Government Code Sections 65350, et seq.); or zoning ordinance that regulates an area larger than one identified development project site, or that is proposed by a local agency (pursuant to Government Code Sections 65850, et seq.); or specific plans (pursuant to Government Code Sections 6550, et seq.);

5. Renewing, extending or assigning an entitlement for use; provided that no new development is proposed either by the applicant, or by the agency as a condition of approval;

6. Approving or denying activities requiring those ministerial permits as defined pursuant to the California Environmental Quality Act which can include, but are not limited to building permits, final subdivision maps, occupancy permits, permits to operate, and inspection permits.

O. Public agency. "Public agency" means any state' agency, any county, city and county, city, regional agency, public district, redevelopment agency, or other political subdivision. It does not include courts of the state, or agencies of the federal government.

P. Responsible agency. "Responsible agency" means a public agency, other than the lead agency, which has responsibility for carrying out or approving a project. It includes all public agencies other than the lead agency from which a lease, permit, license, certificate, or other entitlement for use is required for the development project.

Q. Shall, should, may. "Shall is mandatory, "should" is advisory, and "may" is permissive.

R. Single administrative entity. "Single administrative entity" means the department or person within the department responsible for coordination of all permits and is able to provide information as to where the project is in the review process.

S. State agency. "State agency" means any agency, board, or commission of state government. For all purposes of this chapter, the term "state agency" shall include an air pollution control district.

T. Trustee agency. "Trustee agency" means a state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the state. Trustee agencies include:

1. The California Department of Fish and Game, with regard to the fish and wildlife of the state;

2. The State Lands Commission with regard to state-owned "sovereign" lands;

3. The State Department of Parks and Recreation with regard to units of the state park system;

4. The University of California with regard to -sites within the Natural Land and Water Reserve System.

(Ord. 560 § 2, 1983)

This chapter does not apply to the following actions:

A. Administrative appeals within a local agency or to a state agency.

B. Approval or disapproval of a final subdivision map pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code). However, approval or disapproval of a final subdivision map is still subject to Government Code Section 66458, which generally requires the local legislative body to act on a final map within ten days of the filing of the map or at its next regularly scheduled meeting, unless an extension is authorized. In addition, the approval or disapproval of a final subdivision map shall occur within one year from the date on which the final map is filed for approval (as required by Government Code Section 65922(c), and this deadline is not extendable.

C. Change in organization or reorganization of the City.

(Ord. 560 §5, 1983)