Chapter 18.82 — Application Processing Procedures

Sections:

18.82.010 – Purpose and Intent 18.82.020 – Authority for Land Use and Zoning Decisions 18.82.030 – Application Submittal 18.82.040 – Eligible Applicants 18.82.050 – Use of Department Handouts 18.82.060 – Filing Fees and Requirements 18.82.070 – Initial Application Completeness Review 18.82.080 – Environmental Assessment

This chapter provides procedures and requirements for the preparation, filing, and initial processing of permit applications.

Table 7-1 identifies the Review Authority responsible for reviewing and making decisions on each type of application.

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Table 7-1 Review Authority

Notes:

1. "Decision" means the Review Authority makes the final decision on the matter; "Appeal" means the Review Authority may consider and decide upon appeals of the decision of a lower decision-making body; “Issuance” means the Review Authority may consider and grant the request; “Recommend” means 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 is specified as the Review Authority, the Council is the final level of review.

3. Responsibility for Site Plan and Design Review, as well as the review of Sign Permits and Comprehensive Sign Programs is shared by the Department staff, the Director, and the Commission. The specific Review Authority for these actions is further specified in Table 7-2.

A. Preliminary Application.

The purpose of the Preliminary Application (Pre-App) is to allow the Planning Division to work with the applicant and coordinate an internal review of major and complex applications. This process is intended to provide feedback to the applicant early in the process by helping applicants understand the approval process, identifying potential issues to be addressed, and facilitating community outreach.

The Pre-App is not intended to be a comprehensive review of the project, does not result in any approvals, and is not subject to appeal. The outcome of the Pre-App process is a comprehensive letter describing the approval process, summarizing major planning concerns and issues noted during internal

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review and a fee estimate. The fee estimate for the project application may differ from the Pre-App estimate.

1. A Pre-App is required for the following types of major and/or complex projects:

   • a. Major Projects:

     • (1) New Commercial Construction - Any structure greater than 50,000 square feet.

     • (2) New Residential Construction - Any project proposing twenty (20) or more new dwelling units.

     • (3) Existing Non Residential Structures - An addition to any structure greater than 25,000 square feet.

     • (4) Existing Structure - Rehabilitation, alteration, or addition to more than 25 percent of an existing multi-family structure with five (5) or more units.

     • (5) Existing Structure - Any project that seeks to remove one or more price controlled housing units covered under the City’s Rent Stabilization and Just Cause for Eviction Ordinance.

     • (6) Existing Structure - Any project that would demolish a deed restricted affordable housing unit.

   • b.

Complex Projects:

• (1) Planned Development Permit

• (2) Zoning Text Amendment

• (3) Zoning Change

• (4) General Plan Amendment

• (5) Projects with Mandatory Environmental Impact Reports

• (6) Schools

• (7) Conditional Use Permit (subject to determination by the Director)

• (8) ABC License new request and modification (notification shall be 600 feet from the project site)

• c. Director Discretion: The Director, in the public interest, shall have the discretion to require a Major or Complex Pre-App process for any project and to require the applicant to prepare a fiscal impact analysis as part of the process

2. Planning Commission Study Session and Community Meetings.

• a. All Pre-App projects are required to provide neighborhood notification and a minimum of one Commission study session to discuss the proposed project and to document community concerns.

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• b. The Director has the discretion to require community meetings prior to the Commission Study Session. The Director may require additional meetings if additional meetings will be beneficial to the community.

• c. Within calendar 15 days of the Commission study session, any member of the Council may request a study session with the Council.

3. Notice and Meeting Requirements.

   • a. Notices:

     • (1) All property owners within 300 feet of the project and community groups or organizations identified by the City as potentially interested in the project must be notified of the Pre-App by way of a written notice describing the project and inviting them to the Community Meeting, Planning Commission study session, and/or other community meetings to discuss the project. Notices must be published as an ad in the local daily newspaper and 8.5” x 11” notices posted on City bulletin boards. New alcohol sales or modifications to existing liquor licenses require in addition noticing within a 600 radius from the site.

     • (2) The applicant is responsible for sending out the meeting notice based upon a mailing list and notice template provided by the City. Required notice shall include:

       • (a) Project site map;

       • (b) Project description; and

       • (c) Date, time, and location of the meeting(s).

     • (3) In addition, the notice must be:

       • (a) Approved by Director or designee;

       • (b) Sent out, published, or posted according to Department guidelines, at least 14 days prior to the meeting; and

       • (c) Mailed by USPS using a Certificate of Mailing (Form 3788), or another form of registered mail with proof of mailing provided to staff.

   • b. Community Meeting:

     • (1) The applicant is responsible for arranging the community meeting venue.

     • (2) Attendees should be requested to sign in, and provide contact information, if further contact desired.

     • (3) Applicant shall document questions from the community and the responses to the questions.

     • (4) Meetings shall occur at a publicly accessible venue within the City, preferably at the project site or within a one mile radius of the site.

     • (5) Weeknight meetings shall occur between 6:00 p.m. and 9:00 p.m.

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• (6) Weekend meetings shall occur between 10:00 a.m. and 9:00 p.m.

• (7) The applicant is responsible for presenting the project to the community.

• (8) The Director may require additional meetings if additional meetings will be beneficial to the community.

4. Preliminary Application Letter and Formal Submittal.

• a. Within 30 days of outreach completion, the Department will send to the applicant a letter summarizing major project concerns, a description of the approval process, other issues noted during internal review, and a fee estimate.

• b. A formal project submittal will be accepted only after the Pre-App letter has been issued. The submittal should address the matters discussed in the Pre-App letter, as well as comply with all application submittal requirements.

• c. Comments in the letter, excluding the fee estimates, are in effect for one year from the date of the letter.

• (1) If a formal application is not submitted within one year, a new Pre-App will be required before project submittal.

  • (2) The requirement for a new Pre-App may be waived by the Director on a case-by-case basis.

  • (3) A new Pre-App may be required by the Director within the one year period if it is determined that the formal submittal is significantly different from the Pre-App submittal.

B. Application Contents.

1. Each application for a permit, amendment, or other matter 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 pertinent to the application.

2. Applicants are encouraged to contact the Director or designated Department staff member before submitting an application to determine 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.

4. Upon submittal, a “Notice of Development Proposal” shall be placed on the property. The Notice of Development Proposal shall be 2 feet by 3 feet on weather resistant cardstock, must be within 5 feet of the public right of way and between 4-7 feet above the ground. The notice shall include a project description, the parcel information and the contact information for the applicant and property owner. City staff shall approve the notice prior to installation.

C.

Application Filing Status.

1. If the Director determines an application cannot lawfully be approved by the City or the application constitutes a non-allowed resubmittal of a previously denied request, the Director shall not accept the application for processing and any collected fees shall be returned.

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2. In cases where the Director determines the reasons and conditions specified in the application to be 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 revise or complete the application.

3. If the application is filed and the required fees are accepted, the application shall be signed by the applicant noting the applicant was informed of any identified concerns related to the submittal.

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

• A. Filed by the Owner(s). An application may only be filed by the owner(s) of the subject property or authorized agent of the property owner(s) with the written consent of the property owner(s).

• B. Signature of Owner(s) Required. The application shall be signed by the owner(s) of record or may be signed by an authorized agent of the property owner(s) if written authorization from the owner(s) of record is filed concurrently with the application.

Each application shall include all of the information and materials specified in the most current Department handout for the specific type of application and/or as specified by the Director. The Director shall have the authority to modify or waive specified application content requirements on a case-by-case basis.

A. Master Fee Schedule.

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

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

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

B. Timing of Payment

1. 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.

2. Failure to timely pay any additional fees due shall be a basis for denial or revocation of any permit or other requested entitlement, notwithstanding any other provisions of the Development Code.

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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.

• No refund due to denial shall be allowed.

3. In the situations where an application is withdrawn, the Director shall authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal, as set forth in the Master Fee Schedule

• 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 filing and processing, or that the application is incomplete and that additional information, specified in the Director's letter, shall be provided. As provided for in Government Code Section 65957, an extension of the review period may be mutually agreed to by the City and an applicant for a period not to exceed 90 days.

  2. Submittal of Additional Information.

     • a. When the Director determines 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.

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

     • c. The Director’s review of the information resubmitted by the applicant shall be accomplished within another 30-day period of review for completeness.

Expiration of Application.

• a. If an applicant fails to provide the additional information specified in the Director's letter within 120 days or less as specified by the Director following the date of the letter, 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.

4. Made Available for Public Review. After an application has been accepted as complete, in compliance with the Public Records Act, the application may be made available for public review as requested.

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5. 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 the 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.

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 the Development Code and all conditions of permit approval.

• A. CEQA review. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine whether:

  1. The proposed project is exempt from the requirements of CEQA;

  2. The proposed project is not a “project” as defined by CEQA;

  3. A Negative Declaration may be issued;

  4. A Mitigated Negative Declaration may be issued; or

  5. An Environmental Impact Report (EIR) shall be required.

• B. Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and the City’s CEQA guidelines.

• C. Special studies required. One or more special studies, paid for in advance by the applicant, may be required to complete the City’s CEQA compliance review. These studies shall become public documents and neither the applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents’ availability to the public.

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