Diamond Bar Municipal Code § 22.44.030 Application filing

This article provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits and other entitlements required by this Development Code. The provisions of this article and article V (Development Code Administration) are directory only.

(Ord. No. 02(1998), § 2, 11-3-98)

Table 4-1, Review Authority, identifies the city official or body responsible for reviewing and making decisions on each type of application, land use permit and other entitlements required by this Development Code.

TABLE 4-1 REVIEW AUTHORITY

Note: The director may defer action on permit applications and refer the item(s) to the commission for the final decision.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2000), 4-4-00; Ord. No. 07(2003), 12-2-03; Ord. No. 02(2021), § V, 9-21-21; Ord. No. 03(2024), § 14, 7-16-24)

(a) Application contents. Applications for land use permits and other matters pertaining to this Development Code shall be filed with the department on a city application form together with all necessary fees and/or deposits, exhibits, maps, materials, plans, reports, and other information required by the department. Applicants are encouraged to contact the department before submitting an application to verify which materials are necessary for application filing.

(b) Eligibility for filing. Applications may be filed by owners of property, lessees of property, authorized by written consent of the owners or persons who have contracted to purchase or lease the property contingent upon acquisition of necessary permits from the city, which application shall be accompanied by a copy of the contract. All three categories of applicants may be represented by an agent authorized in writing to file on behalf of the applicant.

(c) Preapplication conference. A prospective applicant or agent is strongly encouraged to request a preapplication conference with the department before formal submittal of a permit application. The purpose of this conference is to inform the applicant of city requirements as they apply to the proposed development project, review the procedures outlined in this Development Code, explore possible alternatives or modifications, and identify necessary technical studies and required information relating to future environmental review. Neither the preapplication review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or disapproval of the application/project by the department representative(s).

(d) Filing date. The filing date of an application for a temporary use permit, administrative development review, development review, minor conditional use permit, conditional use permit, minor variance, or variance shall be the date on which the application is deemed complete by the director.

(Ord. No. 02(1998), § 2, 11-3-98)

(a) Filing fees required. The council shall, by resolution, establish a schedule of fees for permits, entitlements, amendments, and other matters pertaining to this Development Code, hereafter referred to as the city's fee resolution. The schedule of fees 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 lot line adjustment also requires a minor 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's 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. Application fees are nonrefundable once an application has been scheduled for public hearing. In the case of a withdrawal of an application, the director may authorize a partial refund based upon the pro-rated costs to-date and determination of the status of the application at the time of withdrawal.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 15, 7-16-24)

All applications filed with the department, in compliance with this Development Code, shall be initially processed as follows:

(1) Completeness review. The director shall review all applications for completeness and accuracy before they are accepted as being complete and officially filed.

(2) a.

Notification of applicant.

1. The department-prepared handouts specify the information required to be submitted by the applicant. This includes the information needed by the director to make a determination on the potential environmental impact(s) resulting from approval and implementation of the proposed project, in compliance with state law (Public Resources Code § 21080.1). This information shall be submitted before the director may find the application to be complete.

2. The applicant shall be informed in writing within 30 days of submittal, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided.

3. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by subsection (2)c., below.

b. 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 compliance with chapter 22.74 (Appeals).

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

d. Additional information. After an application has been accepted as complete, the director may require the applicant to submit additional information needed for the review of the project.

(3) Referral of application. At the discretion of the director, or where otherwise required by this Development Code, state or federal law, an 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.

(Ord. No. 02(1998), § 2, 11-3-98)

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 may be issued, or whether an environmental impact report (EIR) shall be required. These determinations and, where required, the preparation of EIRs, shall be in compliance with the CEQA guidelines.

(Ord. No. 02(1998), § 2, 11-3-98)

(a) Evaluation and report.

(1) The director shall evaluate all discretionary applications filed in compliance with this Development Code to determine whether they comply and are consistent with the provisions of this Development Code, other applicable provisions of the Municipal Code, the general plan, any applicable specific plan, neighborhood or area plans, and environmental review.

(2) A staff report shall be prepared by the director that describes the conclusions/findings about the proposed land use and development. The report shall include recommendations on the approval, approval with conditions, or disapproval of the application, based on the evaluation and consideration of information provided by an initial study or environmental impact report.

(b) Report distribution. Staff reports shall be furnished to applicants at the same time as they are provided to the hearing officer, or members of the commission and/or council, before a hearing on the application.

(Ord. No. 02(1998), § 2, 11-3-98)

Failure to follow the procedural requirements contained within this article and article V, not preempted by state law, shall not invalidate city actions.

(Ord. No. 02(1998), § 2, 11-3-98)