Calexico Municipal Code Art. II Permits and Applications

A. Application Deposits. Concurrent with the submittal of an application for development and/or permit under this title, a fee shall be paid, in the amount prescribed in the Maximus Citywide Master User Fee Schedule, to cover the costs incurred in the processing of the application. Additionally, a deposit shall be made, in the amount estimated if a consultant is necessary to assist the city in the processing of an application, including without limitation, consultant fees to perform CEQA review, costs for engineering services, costs for plan checks, and/or costs of any technical studies required by traffic or other technical consultants. In no case shall the application be set for hearing or action by the planning commission or city council until such time as any balance for such application processing fees is paid in full. In the event the amount of the deposit exceeds the actual amount of costs, the difference shall be refunded to the applicant.

B. Complete Applications. Any application for a permit or entitlement pursuant to this title must be accepted as complete for processing by the director of planning in order to initiate the official review process. Standard submittal requirements for each permit outlining the form and content of a complete application shall be established by the director. In addition to the standard submittal requirements, the director may request information specific to the permit or entitlement necessary for the complete analysis of an application. All required material, information and fees shall be provided by the applicant before the application is determined by the director to be complete for processing.

C. Proof that the Applicant Holds a Legal or Equitable Interest in the Development Site Shall be Required. As one of the application submittal requirements, the property owner or the applicant, in the event the applicant is not the property owner, shall show written proof to the director of possession of a legal or equitable interest in the property that is to be the subject of a permit or entitlement pursuant to this title. No application for a permit or entitlement shall be deemed complete unless the legal or equitable interest is verified. Further, this requirement of having a legal or equitable interest in the property shall be maintained throughout permit processing and shall be verified prior to final action or the setting of any planning commission or city council hearing on the permit or entitlement.

For purposes of this title, "legal or equitable interest" shall mean possession of:

1. An estate in fee simple;

2. A joint tenancy;

3. A tenancy in common;

4. A leasehold estate;

5. An easement (if it encompasses the extent of development sought);

6. An option to purchase;

7. An option to lease;

8. A binding agreement or contract to exchange or transfer an interest in land;

9. An interest as a beneficiary of a trust;

10. An interest as a trustee with a power of sale;

11. Any other real property interest(s) that the director, in consultation with the city attorney, determines is a legal or equitable interest in real property for purposes of this title.

D. Check for Completeness. Within thirty calendar days after the receipt of an application, the director shall review the application and determine if it is complete for processing and shall notify the applicant in writing of such determination. In addition to the standard submittal requirements, the director may request information specific to the permit or entitlement necessary for the complete analysis of an application.

E. Incomplete Applications. In the event an application is determined not to be complete, written notice shall be provided to the applicant specifying those portions of the application which are incomplete. Said notice shall also indicate the information and/or plans necessary to make the application complete. The applicant must supply the requested plans and/or information within sixty calendar days of the notice of incomplete filing. Upon receipt of the required items by the director, the information shall be reviewed for completeness and a determination of completeness shall be made within thirty calendar days. Once an application has been deemed complete, a decision shall be made pursuant to timelines set forth in state law.

(1992 zoning ord. (part))

(Ord. No. 1122A, § 1, 9-21-10)

A. In the event that information need for the reasons shown below is not provided by the applicant within the time limits specified by this section, the city may deny a permit or entitlement for a development project to allow time to obtain the needed information. Information whose absence would constitute a reason for such a denial are:

1. Information which is to be supplied by the applicant and is necessary to prepare a legally adequate environmental document; or

2. Information necessary to prepare a supplemental environmental impact report in compliance with the California Public Resources Code, Section 21166; or

3. Information without which the city's decision to approve a project would not be supported by substantial evidence.

B. Denial for the above reasons may be deemed by the city to be a denial without prejudice to the applicant's right to reapply for the same permit.

(1992 zoning ord. (part))

The planning commission and/or the city council shall hold a public hearing on applications for a change in zone boundaries or regulations, as specifically required by state law (and for conditional use permits and variances, or for other applications), as determined necessary or desirable by the commission and/or council. The hearing shall be set and notice given as prescribed below:

A. Setting of the Hearing. The secretary to the planning commission, in the case of the planning commission, and the city clerk in the case of the city council, shall set the time and place of the public hearing, required by this title; the planning commission or council, at the time of their hearing may continue the time or place of a hearing.

B. Hearing. The planning commission shall hold a public hearing on a rezoning request, amendment, conditional use permit or variance within forty calendar days after the compliance with the California Environmental Quality Act, Public Resources Code Section 21000 through and including Section 21176 and amendments thereof. Within thirty calendar days after action of the planning commission, the city council shall hold a public hearing to act upon the action of the planning commission.

C. Notice. Notice of a public hearing shall be given not less than ten calendar days nor more than thirty calendar days prior to the date of the hearing by publication in a newspaper of general circulation published in the city. The notice in the event of a change of the zoning map, shall include the alternate zone classifications indicated in Section 17.01.330. When the hearing concerns matters other than an amendment to the text of this title, notices of public hearings before the planning commission or city council shall be mailed to all persons whose names appear on the latest adopted tax roll of Imperial County as owning property within three hundred feet of the exterior boundaries of the property that is the subject of the hearing.

(1992 zoning ord. (part))

Prior to the public hearing on the particular permit and/or application, the planning director shall investigate the application and prepare a written report thereon and submit the report to the planning commission and the applicant. The planning commission shall review and consider the director's report, comments from the applicant and the public within forty calendar days after compliance with the California Environmental Quality Act Sections 21000 through 21176 inclusive of the Public Resources Code. Action of the planning commission shall be made through the adoption of a resolution with appropriate findings to the particular permit and/or application, as detailed in Sections 17.01.440, 17.01.540, 17.01.630, 17.01.640 and 17.01.650. Action of the planning commission shall be deemed final within ten calendar days unless an appeal is filed with the city clerk, or unless the application is for a change of zone amendment to the zoning ordinance or zoning determination. In those such cases the application shall be scheduled for city council action. (1992 zoning ord. (part))

The planning director shall prepare a report on the action of the commission on applications for change of zone, amendments to the zoning ordinance, zoning determinations, and appeals of planning commission actions. The council shall review and consider the planning commission recommendation(s), comments by the applicant and the public. The council shall act to approve or deny the application or appeal and make the appropriate findings detailed in Sections 17.01.440, 17.01.540, 17.01.630, 17.01.640 and 17.01.650. All actions of the city council are final. (1992 zoning ord. (part))