Chico Municipal Code Ch. 2.74 Development Application Procedures

This chapter is adopted pursuant to the municipal affairs provision of the city charter and the Permit Streamlining Act, Chapter 4.5 (commencing with Section 65920) of Division I of Title 7 of the Government Code, to ensure a clear understanding of the requirements for and the procedures applicable to the processing of applications for development project permits and to expedite processing of such applications.

(Ord. 2312 §19)

As used in this chapter the following words and phrases have the meanings indicated:

A. “Application” means an application for approval by the city of a permit or for amendment or revision of an approved permit.

B. “CEQA” means the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code.

C. “Development project” means and includes any project for which discretionary approval by the city is required, including a tentative map, parcel map, lot line adjustment, use permit, planned development use permit, condominium conversion use permit, or variance, and any other activity for which a discretionary license, permit, certificate or other discretionary entitlement for use issued or approved by the city is required. “Development project” does not include any project to be carried out by the city or any project for which only ministerial approval by the city is required, including but not limited to the issuance of building permits and encroachment permits.

D. “Director” means the director of the community development department.

E “Filing officer” means the city officer or employee with whom a development project permit application must be filed.

F. Permit”or “development project permit” means the authority granted by the city to undertake a development project, based upon the city’s final approval or conditional approval of that project.

G. “Permit coordination officer” means the city officer or employee designated to coordinate review of and provide information concerning the status of permit applications and approved permits.

(Ord. 2312 §19, Ord. 2364 §60, Ord. 2439 §23)

The city manager is the permit coordination officer and may delegate performance of that function to an appropriate city officer or employee.

(Ord. 2312 §19)

The permit coordination officer shall:

A. Coordinate city review of all permit applications;

B. Provide information to all interested parties, upon request, concerning the status of a permit application; and

C. Develop and maintain application information lists as provided in Section 2.74.050.

(Ord. 2312 §19)

A. The permit coordination officer, in cooperation with the appropriate filing officer, shall establish a list of the information required by the city to be submitted with an application for each type of permit. The officer shall also periodically revise each list to keep it current and accurate at all times. The application form for each type of permit shall be deemed to be an exhibit to and included within the information list for that type of permit.

B. An application information list may provide that specified information may be submitted after an application is accepted for filing by the city.

C. A copy of the appropriate application information list shall be made available to each applicant for a permit and to any person who requests such information.

D. If the city is the lead agency under CEQA as to a permit, the filing officer shall require the applicant to submit sufficient information to permit the city to determine whether an environmental impact report, negative declaration or mitigated negative declaration will be required for the development project.

(Ord. 2312 §19)

A. An application for approval or amendment of a permit shall be made in writing on a form or forms provided by the appropriate filing officer and shall be filed with that officer. Each form shall include the provisions of Section 2.74.090.

B. Each application form shall include notification that the applicant may make a written request to receive notices from the city of proposals to adopt or amend one or more of the following:

l. The general plan,

• 2. Specific plans,
• 3. Title 18 of this code, relating to subdivisions,
• 4. Title 19 of this code, relating to land use regulations, and
• 5. Ordinances affecting building or grading permits.

The city council may, by resolution, impose a fee to cover the cost of providing these notices. The fee shall be collected as part of the application fee.

(Ord. 2312 §19)

An application shall include appropriate plans, specifications, fees and other information as indicated in the application information list, and as required by the rules, regulations and ordinances of the city applicable to the permit.

(Ord. 2312 §19)

Not later than thirty (30) calendar days after receipt of an application, the filing officer shall determine whether the application is complete for filing and shall immediately transmit such determination in writing to the applicant. The filing officer shall review the material and information submitted pursuant to Section 2.74.070 to determine whether an application is complete for filing. The application information list and any related requirements shall be used as the criteria for determining whether an application for a permit is complete for filing with the city. If the application is determined to be complete, the application shall be deemed to be filed, and the applicant shall be advised in writing of the filing date.

(Ord. 2312 §19)

An application is not complete for filing, shall not be deemed complete for filing, and shall not be processed unless and until accompanied by all of the information required to be submitted with the application and all required application fees are paid to the city.

(Ord. 2312 §19)

Within thirty (30) calendar days after submission of an application, the filing officer shall advise the applicant in writing of whether the application is complete for filing. If the filing officer determines that an application as submitted is not complete, the filing officer shall advise the applicant in writing of the portions of the application that are incomplete and indicate the manner in which the application can be made complete, including a list and thorough description of the specific information needed to complete the application, and that the application will be deemed suspended if all of the required information is not submitted to the filing officer within the time established pursuant to Section 2.74.110.

(Ord. 2312 §19)

If the filing officer determines that an application is incomplete and requests further information, the applicant shall provide that information to the filing officer within thirty (30) calendar days after the request, unless a different time period is specified by the filing officer or mutually agreed upon between the applicant and the filing officer.

(Ord. 2312 §19)

Within thirty (30) calendar days from the time the applicant submits information in response to a request for additional information under Section 2.74.110, the filing officer shall determine whether the application is complete for filing or whether it is incomplete and further information or clarification is required. If it is determined that the application is still incomplete, the applicant shall be notified pursuant to Section 2.74.100. If the application is determined to be complete, the application shall be deemed to be filed, and the applicant shall be advised in writing of the filing date.

(Ord. 2312 §19)

Notwithstanding any other provision of this chapter, the city, in the course of processing an application which has been accepted as complete, may request in writing that the applicant clarify, amplify, correct or otherwise supplement the information submitted in the application. The filing officer shall set a reasonable time for compliance with the request and may suspend processing of the application until the information requested is received.

(Ord. 2312 §19)

If the information required to complete or supplement an application is not submitted to the filing officer within one-hundred eighty (180) calendar days of the date specified pursuant to Section 2.74.110 or Section 2.74.130, the application shall be deemed abandoned. All fees paid for processing an application shall be forfeited upon abandonment of an application; however, for processing activities charged on the basis of real-time billing, the unexpended portion of any amount deposited with the city shall be returned to the depositor.

(Ord. 2312 §19)

Notwithstanding any other provision of this chapter and to comply fully with CEQA, the State CEQA Guidelines and Chapter 1.40 of this code, the filing officer or the permit coordination officer, in the course of processing an application which has been accepted as complete, may request that the applicant supply any additional information needed to prepare adequate environmental documents as identified by any agency with jurisdiction over environmental review of the project.

(Ord. 2312 §19)

If a development project requires concurrent processing of multiple permits, or of one or more permits and one or more other discretionary approvals by the city, and the permit coordination officer determines that one or more of the applications for such a permit or approval are incomplete and requests further information, the applicant shall provide the requested information for each such application to the filing officer within thirty (30) calendar days after the request, unless a different time period has been specified by the permit coordination officer or mutually agreed upon between the applicant and the permit coordination officer.

The provisions of this chapter applicable to a development project for which only one permit is required shall otherwise apply to a development project requiring multiple permits or a combination of one or more permits and one or more other discretionary approvals by the city.

(Ord. 2312 §19)

Notwithstanding any other provision of this code, when a proposed development project requires the processing of multiple applications for discretionary approvals pursuant to Titles 18 and/or 19 of this code, such applications shall be processed as follows:

A. All of the applications for discretionary approvals for the development project shall be processed concurrently.

B. If one or more of the applications requires final approval by the city council, then final action on all of the applications shall be taken by the city council. In that case, the planning commission shall make recommendations to the city council on all of the applications after reviewing each application in accordance with such notice and public hearing requirements as would otherwise apply. When making a recommendation on a type of application that would be subject to a final decision by the planning commission but for the application of this section, it is intended that the scope of the planning commission’s review shall be the same as if the commission were making the final decision. All recommendations to approve or deny an application shall include a statement of any findings required for the approval or denial of the application.

C. With respect to projects which include an application for site design and architectural review, the council may elect to take final action on the site design and architectural review application concurrently with final action on the other applications, or may elect to refer the final approval of the site design and architectural design to the planning commission, architectural review board or director.

(Ord. 2343, Ord. 2364 §61)

Notwithstanding any other provision of this chapter, it is the responsibility of the applicant to ensure that the decision-making body receives all information relevant to its decision. If a decision-making body determines that it lacks sufficient information with respect to any aspect of a project over which it has jurisdiction, the application may be denied. However, action on an application may be postponed if the applicant agrees in writing to provide such information and to waive any time limits within which the application must be acted upon by the city and any limitations on the city's authority to require additional information.

(Ord. 2312 §19)

A. A decision of the filing officer, made pursuant to this chapter and relating to an application which will be considered by either the planning commission or director, may be appealed to the planning commission within ten (10) calendar days of the decision by filing an appeal with the director. The appeal shall state the decision appealed from and the basis of the appeal.

B. Any other decision of the filing officer or the permit coordination officer made pursuant to this chapter may be appealed to the city council pursuant to Chapter 2.80.

(Ord. 2312 §19, Ord. 2364 §62)

The time limits established by this chapter shall not apply if federal statutes or regulations applicable to a project require time schedules which exceed such time limits.

(Ord. 2312 §19)

Nothing in this chapter shall be deemed or construed to:

A. Prohibit a filing officer from rejecting an application for filing when approval of the permit for which the application was submitted will conflict with any federal or state law or regulation or any city ordinance or regulation applicable to the proposed use of the property pursuant to the permit.

B. Prohibit a filing officer from rejecting an application for filing when an existing use or condition on the property proposed for the permit was commenced or created, or is being conducted or maintained, in violation of any federal or state law or regulation or any city ordinance or regulation applicable to the site, including but not limited to any condition of approval or mitigation measure applicable to the use or condition.

C. Require the approval or conditional approval of any application by a filing officer, the planning commission, or the city council.

D. Create or vest in any applicant the right to claim that an application has been automatically approved, or deemed to be so approved, or approved by operation of law or by operation of an estoppel against the city or any city officer, decision-maker, or decision-making body.

(Ord. 2312 §19)