Chapter 17.500 — APPLICATIONS, PROCESSING, AND FEES

This Chapter provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits required by this Title.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

Table 5-1 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of application, land use permit and other approvals required by this Title. The Director may defer action on permit applications and refer the item(s) to the Commission for the final decision.

Role of Review Authority. "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; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 17.640 (Appeals).

Table 5-1

Review Authority

(Ord. No. 2005-007 § 1 (part); Ord. No. 2013-008 § 3 (part); Ord. No. 2024-006)

The preparation and filing of applications for land use permits, entitlements, amendments (e.g., General Plan, Zoning Map, and Zoning Code), and other matters pertaining to this Title, shall comply with the following requirements.

A. Preliminary Project Review.

1. Purpose. The purpose of the preliminary project review is to inform the applicant of City requirements as they apply to the proposed development project, review the procedures outlined in this Title, explore possible alternatives or modifications, and identify necessary technical studies and required information relating to future environmental review.

2. Applicability. Except as allowed by State law for Housing Development Projects, a prospective applicant or agent is required to submit a preliminary project review request with the Division before formal submittal of a project application.

3. Procedure. Upon submittal of a preliminary project review request, the item shall be scheduled for a Project Review Committee (PRC) meeting in accordance with the PRC meeting schedule established by the Division. The applicant shall be invited to attend the PRC meeting, where opportunities for discussion about the project and exchange of information on potential issues between City staff and the applicant takes place. Neither the preliminary project review nor the provision of information and/or pertinent policies shall be construed as a recommendation or an official determination for approval or disapproval of the application or project.

B. Application Contents. Applications shall be filed with the Division on the appropriate City forms, together with all necessary fees and/or deposits, exhibits, maps, materials, plans, reports, and other information specified in the application form and any applicable Division handout; and any additional information required by the Director, in order to describe clearly and accurately the proposed project, its potential environmental impact, its effect on existing improvements, and to conduct a thorough review of the proposed project.

C. Eligibility for Filing. All zoning approval and other applications required by this Title shall be filed with the Division. Applications may be made by:

1. The owner of the subject property.

2. Any agent or representative, with the written consent of the property owner.

D. Filing Date. The filing date of any application shall be the date on which the application is deemed complete by the Division.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A. Filing Fees Required. The Council shall, by resolution, adopt a schedule of fees for permits, entitlements, amendments, and other matters pertaining to this Title (hereafter referred to as the "City Council Fee Resolution"). The City Council Fee Resolution may be obtained from the Division, and may be changed or modified only by resolution of the Council. The City's processing fees are cumulative. For example, if an application for a Site Plan Review also requires a Variance, both fees will be charged. Also, specified projects may be subject to a deposit and an hourly rate, rather than a flat application fee(s), in compliance with the City Council Fee Resolution. Processing shall not commence on an application until all required fees/deposits have been paid. Without the application fee, or a deposit if applicable, the application will not be deemed complete.

B. Refunds and Withdrawals.

1. Recognizing that filing fees are utilized to cover City costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds shall be issued due to a disapproval of an application.

2. In the case of an application withdrawal, the Director may authorize a partial refund, based upon the costs incurred to-date and determination of the status of the application at the time of withdrawal. (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

Except as required by State law, each application filed with the Division shall be initially processed as follows. A. Completeness Review. The Division shall review an application for completeness and accuracy before it is accepted as being complete and officially filed. The Division will consider an application complete when:

1. All necessary application forms, documentation, exhibits, materials, maps, plans, reports and other information specified in the application form, any applicable Division handout, and any additional information required by the Director have been provided and accepted as adequate.

2. All necessary fees and deposits have been paid and accepted.

B. Notification of Applicant. The applicant shall receive written notification, within 30 days of submittal, that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the written notification, must be provided.

C. Expiration of Application. If a pending application is not deemed complete within six months after the first filing with the Division, the application shall expire and be deemed withdrawn, and any remaining deposit amount shall be refunded, subject to administrative processing fees.

D. Extension of Application. The Director may grant one six-month extension, upon written request of the applicant. After expiration of the application, and extension, if granted, a new application, including fees, plans, exhibits and other materials, will be required to commence processing of a new project application on the same property.

E. Additional Information. After the 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 § 17.500.030 (Environmental Assessment).

F. Referral of Application. At the discretion of the Director, or where otherwise required by this Title, State, or Federal law, an application filed in compliance with this Title may be referred to any public agency that may be

affected by or have an interest in the proposed land use activity. (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

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, or is not a project as defined by CEQA, whether a negative declaration or a mitigated negative declaration may be issued, or whether an environmental impact report (EIR) shall be required. When these determinations are required, the preparation of EIRs shall be in compliance with the City's CEQA Guidelines. (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)