§ 19.112

This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the permit applications required by this Development Code.

Table 7-1 (Review Authority), below, identifies the review authority responsible for reviewing and making decisions on each type of application required by this Development Code.

19.112.030 - Multiple permit applications.

A.

Concurrent filing. An applicant for a development project that requires the filing of more than one application (e.g., Zoning Map Amendment and a Conditional Use Permit, etc.), shall file all related applications concurrently, with all application fees required by Section 19.112.050 (Application and Other Related Fees), below, unless this concurrent filing requirement is waived by the Director.

B.

Concurrent processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or denied by the highest review authority designated by this Development Code for any of the applications. For example, a project for which applications for Zoning Map Amendment and a Conditional Use Permit are filed shall have both applications decided by the Council instead of the Commission which would otherwise be the final decision making authority for the Conditional Use Permit as specified in Table 7-1. In the example cited, the Commission would still hear each application (the Zoning Map Amendment and the Conditional Use Permit) and forward recommendations to the Council.

TABLE 7-1 REVIEW AUTHORITY

Notes:

"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 19.144 (Appeals); "Issuance" means that the review authority may consider and grant the request in compliance with this Development Code; "Recommend" means that the review authority should provide preliminary review and forward input to the decision-making review authority for consideration.

2.

Any review authority may defer action and refer the request to the next higher review authority level for consideration and final action. In cases where the Council has the final decision, the first appeal review would also go before the Council.

3.

Site Plan and Design Review, as well as the review of Sign Permits and Comprehensive Sign Programs are shared by the Department Staff, the Director, the ARB, and the Commission. Specific review authority for these actions are further specified in Chapter 19.122 and summarized in Table 7-2.

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19.112.040 - Application preparation and filing.

A.

Pre-application conference.

1.

A prospective applicant is strongly encouraged to request a pre-application conference with the Director or designated Department Staff member before completing and filing a permit application required by this Development Code.

2.

The purpose of a pre-application conference is to generally:

a.

Inform the applicant of City requirements as they apply to the proposed project;

b.

Discuss the City's review process, possible project alternatives, or modifications; and

c.

Identify information and materials the City will require with the application, including any necessary technical studies and information anticipated for the environmental review of the project.

Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as either a recommendation for approval or denial of the application or project by the City's representative.

4.

Failure of the City's representative to identify all required studies or all applicable requirements at the time of pre-application review shall not constitute a waiver of those studies or requirements.

B.

Application contents.

1.

Each application for a permit, amendment, or other matter pertaining to this Development Code shall be filed with the Department on a City application form, together with all required fees and/or deposits and all other information and materials specified in the Department handout for the specific type of application and/or as specified by the Director.

2.

Applicants are encouraged to contact the Director or designated Department Staff member before submitting an application to verify which materials and fees are necessary for application filing and/or to arrange for an appointment for submittal.

3.

The applicant shall verify the contents of the application and the date of verification shall be noted on the application.

C.

Eligibility for filing.

1.

An application may only be filed by the owner of the subject property.

2.

Or, with the Director's approval, a lessee (with the exclusive right to use the property for a specified use) or an authorized agent or representative of the owner, with the written consent of the property owner, may file an application. The written consent of the property owner shall be provided at the time of filing.

D.

Application filing status.

If the Director determines that an application cannot lawfully be approved by the City (e.g., a request for a Zoning Map amendment or Conditional Use Permit could not be approved in the absence of a concurrent General Plan amendment application or a Conditional Use Permit application proposes a use that is not allowable in the subject zone, etc.), or the application constitutes a non-allowed resubmittal of a previously denied request in compliance with Section 19.130.090 (Resubmittals), the Director shall not accept the application for processing and any collected fees shall be returned.

2.

In cases where the Director considers the reasons and conditions specified in the application not within the scope of the requested permit or approval, or that the application is incomplete, the applicant shall be so informed and given an opportunity to complete the application in compliance with Section 19.112.070 (Initial Review of Application).

3.

If the application is filed and the required fees are accepted, the application shall be signed by the applicant to the effect that the applicant was informed of the matters specified in Subparagraph D.2., above.

4.

Acceptance of the application and/or fees does not constitute an indication of approval nor imply that the application is complete.

19.112.050 - Application and other related fees.

A.

Fee schedule.

1.

The Council shall establish a schedule of fees for the processing of the applications required by this Development Code, hereafter referred to as the Planning Fee Schedule.

2.

The Planning Fee Schedule is intended to allow recovery of all costs to the maximum extent by law, incurred by the City in processing permit applications.

3.

The Planning Fee Schedule may be amended as often as deemed necessary by the Council.

B.

Timing of payment.

Applications shall not be deemed complete, and processing shall not commence, on any application until all required fees or deposits have been paid. Payment of required fees and/or deposits shall not deem the application complete in compliance with Section 19.112.070 (Initial Review of Application), below.

2.

Failure to timely pay supplemental requests for payment of required fees and/or deposits shall be a basis for denial or revocation of any permit or other requested entitlement, notwithstanding any other provisions of this Development Code.

C.

Refunds and withdrawals.

1.

Application fees cover City costs for public hearings, mailings, staff and consultant time and the other activities involved in processing applications.

2.

No refund due to denial shall be allowed.

3.

In the case of a withdrawal, the Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal.

4.

An application that has been rejected shall have the fees refunded.

19.112.060 - Applicant indemnification.

A.

Applicant agreement.

1.

At the time of submitting an application for a discretionary land use approval, the applicant shall agree as part of the application, to defend (with legal counsel of City's selection), indemnify, and hold harmless the City and its agents, attorneys, employees, and officers, from any action, claim, or proceeding brought against the City or its agents, employees, and officers to annul, attack, set aside, or void a discretionary land use approval of the City, which action is brought within the applicable statute of limitations.

2.

The required indemnification shall include damages awarded against the City, if any, costs of suit, attorney's fees, and other costs and expenses incurred in connection with the action.

B.

City notification of applicant. In the event that an action, claim, or proceeding referred to in Subsection A, above is brought, the City shall promptly notify the applicant of the existence of the action, claim, or proceeding and shall cooperate fully in the defense of the action, claim, or proceeding.

C.

City participation in defense. Nothing in this Section shall prohibit the City from participating in the defense of any action, claim, or proceeding if the City elects to bear its own attorney's fees and costs and defends the action in good faith.

A.

Review for completeness. The Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director's determination of completeness shall be based on the City's list of required application contents and any additional written instructions provided to the applicant in any pre-application conference and/or during the initial application review period.

1.

Notification of applicant. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed in writing, 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 Director's letter, shall be provided.

2.

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 Director's determination in compliance with Chapter 19.144 (Appeals).

3.

Submittal of additional information.

a.

When the Director determines that 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 Subparagraph A.4., below.

b.

The additional specified information shall be submitted in writing or electronically, as required by the Director.

c.

The Director's review of the any information resubmitted by the applicant shall be accomplished in compliance with Subparagraph A.1., above, along with another 30-day period of review for completeness.

4.

Expiration of application.

a.

If an applicant fails to provide the additional information specified in the Director's letter within 60 days following the date of the letter, or shorter time frame as determined by the Director, the application shall expire and be deemed withdrawn without any further action by the City, unless a written request for an extension is submitted by the applicant and approved by the Director.

b.

After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.

5.

Made available for public review. After an application has been accepted as complete, in compliance with the Freedom of Information Act the application may be made available for public review as requested.

6.

Environmental information. After an 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 the California Environmental Quality Act (CEQA) and the City's CEQA guidelines.

B.

Referral of application. At the discretion of the Director, or where otherwise required by this Development Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.

C.

Project review procedures.

1.

Investigation of facts. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Article.

2.

Inspection of premises.

a.

Pre-inspections. The Director shall have access to the subject premises in order to make an inspection(s) to confirm the statements contained in the application and accompanying graphic materials and to make a judgment as to its suitability.

b.

Post-inspections. After approval, the Director shall have access to the subject premises to confirm compliance with this Development Code and all conditions of permit approval.

19.112.080 - Burden of proof and precedence.

A.

Burden of proof. The burden of proof to establish the evidence in support of the required finding(s) for any permit or approval in compliance with this Chapter is the responsibility of the applicant.

B.

Precedence.

1.

Each permit shall be evaluated on a case-by-case basis.

2.

The granting of a prior permit either on the subject property or any other property within the City does not create a precedent and is not justification for the granting of a new permit under current review.

Chapter 19.114 - CONDITIONAL USE PERMITS AND MINOR USE PERMITS

Sections:

19.114.010 - Purpose.

A.

Purpose. The purpose of this Chapter is to provide two distinct procedures for reviewing land uses that may be appropriate in the applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.

B.

Special consideration. Certain types of land uses may require special conditions in a particular zone or physical location within the City as a whole because they possess unique characteristics or present special problems that make automatic inclusion as permitted uses either impractical or undesirable due to potential and unforeseeable impacts to the surrounding area.

C.

Intent. The Conditional Use Permit and Minor Use Permit procedures are intended to provide sufficient flexibility in the use regulations in order to further the objectives of this Development Code and to provide the City with the opportunity to impose special conditions in order to mitigate potential impacts that could result from allowing the use(s) at the requested location.