§ 155.408 PERMIT PROCEDURES.

This section establishes procedures for the preparation, filing and processing of permit applications required by the Zoning Code. Procedures and requirements that apply after an application is approved are found in § 155.420 (Post-Approval Provisions).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)

(A) Pre-application conference.

• (1) Applicants are encouraged to request a pre-application conference with the Department before completing and filing a permit application.

• (2) The purpose of this conference is to:

• (a) Review the applicant’s project concepts, preliminary project descriptions and/or rough site plans;

• (b) Inform the applicant of Zoning Code and Department requirements that apply to the proposed project;

• (c) Inform the applicant of requirements from other departments (such as Building, Public Works, Police and Fire) and other governmental agencies (such as the Coastal Commission) that may apply to the proposed project;

• (d) Inform the applicant of the city’s review processes;

• (e) Identify information and materials the city will require with the application, and any necessary technical studies and information relating to the environmental review of the project;

• (f) Provide guidance to the applicant of possible project alternatives or modifications; and

• (g) Assign Department staff to serve as the project liaison with whom the applicant should communicate as the application is processed.

• (3) The pre-application conference and any information provided by city staff must not be construed as a recommendation for approval or denial of an application.

• (4) Failure by city staff to identify all permit requirements does not constitute a waiver of those requirements.

• (B) Application contents.

• (1) Applications must be made in writing on a form provided by the Department.

• (2) Applications must be filed along with all fees, information and materials required by the Department.

• (C) Eligibility for filing.

• (1) An application may be filed only by:

• (a) The property owner;

• (b) A property tenant;

• (c) An authorized agent of the property owner or tenant;

• (d) A person under contract or with an exclusive option to purchase the property; or

• (e) Any other person who can demonstrate a legal right, interest or other entitlement to use the property for the proposed project.

• (2) The application must be either:

• (a) Signed by the property owner; or

• (b) Accompanied by a written letter signed by the property owner consenting to the application.

• (D) Application acceptance.

(1) The Department may accept an application for processing only if the submittal contains all fees, information and materials required by the Department.

(2) Accepting an application for processing does not indicate Department support for the proposed project or that the application is complete pursuant to § 155.408.040 (Application Review).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)

(A) Fee schedule. Fees required to process permit applications are identified in the Development Services Department fee schedule adopted by the City Council.

• (B) Payment required.

• (1) The Department may accept and begin processing an application only after all required fees are paid.

• (2) Failure to pay any required fees may be a basis for denial or revocation of a permit.

• (C) Refunds and withdrawals.

(1) If an application is withdrawn in writing by the applicant, the Director may authorize a partial refund based upon the prorated costs to the date of withdrawal and the status of the application at the time of withdrawal.

(2) The Department will not refund fees for denied applications, unless directed to do so by City Council. (Ord. 885-C.S., passed 5-21-19)

(A) Initial review. The Department must review each application for completeness and accuracy before it is accepted as complete and officially filed.

(B) Basis for determination. The Department’s completeness determination is based on the Department’s list of required application content and any additional written instructions provided to the applicant at a pre-application conference, and/or during the application review period.

(C) Applicant notification. Within 30 days of application filing, the Department must inform the applicant in writing that the application is complete and has been accepted for processing, or that the application is incomplete and additional information is required.

(D) Appeal of determination. When the Department determines that an application is incomplete, and the applicant believes that the application is complete or that the information requested by the Department is not required, the applicant may appeal the Department’s determination in compliance with § 155.416 (Appeals and Reviews).

• (E) Submittal of additional information.

(1) When the Department determines that an application is incomplete, the applicant must submit additional required information in writing.

(2) Resubmitted information is subject to a new 30-day period of review for completeness.

(3) Requested information must be submitted within the timeframe identified in § 155.408.070(A) (Response Required).

(F) Environmental information. After determining that an application is complete pursuant to § 155.408.040(C) (Applicant Notification), the Department may require the applicant to submit additional information for the environmental review of the project, in compliance with the California Environmental Quality Act (CEQA).

(Ord. 885-C.S., passed 5-21-19)

(A) Concurrent filing. If a project requires more than one permit or approval (e.g., a Zoning Map amendment and a conditional use permit), the applicant must apply for all permits and approvals concurrently, unless the concurrent filing requirement is waived by the Director. The Department may accept a single application form for all required permits and approvals.

(B) Concurrent processing and review.

(1) The Department must process multiple applications for the same project concurrently.

(2) Projects requiring multiple permit applications must be reviewed and acted upon by the highest review authority designated by the Zoning Code for any of the applications (e.g., a project requiring a zoning map amendment and a conditional use permit will have both applications decided by the City Council, instead of the Planning Commission acting on the conditional use permit). This does not apply to any ministerial permits or approvals acted on by the Director or Department staff without notice or public hearing, unless otherwise stated in the provisions of the Zoning Code.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)

(A) CEQA review.

(1) After accepting a complete application, the Department must review the project in compliance with the California Environmental Quality Act (CEQA) and any adopted City CEQA guidelines.

(2) The Department will determine the required level of environmental review (e.g., exemption, negative declaration) within 30 days of finding the application complete.

(B) Special studies required. The Department may require the applicant to prepare special studies and/or submit additional information to supplement the Department’s CEQA compliance review.

(C) Action on CEQA document. The review authority that approves an application must take final action on the CEQA document prepared for the proposed project. Final action on the CEQA document must occur prior to or concurrent with action on required permits. Pursuant to CEQA Guidelines § 15270(b), the city is not required to take final action on a CEQA documents for a denied application.

(Ord. 885-C.S., passed 5-21-19)

(A) Response required.

(1) When an applicant has been informed by letter that an application is incomplete in accordance with § 155.408.040 (Application Review), the applicant must pay required supplemental fees and/or provide requested information within 120 days following the date of the letter, or within a different timeframe as determined by the Department and communicated to the applicant in writing.

(2) If an applicant does not respond within the required response timeframe, the application expires and is deemed withdrawn without any further action by the Department.

(B) Resubmittal. After an application expires, future Departmental consideration of the project requires an applicant to submit a new complete application and associated fees.

(Ord. 885-C.S., passed 5-21-19)

(A) General. When the Zoning Code or a Major Subdivision requires a noticed public hearing, the Department must provide notice of the hearing in conformance with Cal. Gov’t Code §§ 65090 et seq. and as described in this section.

(B) Content of notice. Notice of public hearing must include all of the following information, as applicable:

(1) Hearing information. The date, time and place of the hearing; the name of the hearing body; and the phone number, email address and Department location where an interested person can obtain additional information;

(2) Project information. The applicant's name, the application file number, a general description of the project, and the location of the subject property;

(3) Statement on environmental document. The required level of environmental review for the proposed project (e.g., exemption, negative declaration); a statement that the hearing body will consider approval of the project CEQA determination or document, if applicable; and

(4) Statement limiting issues on appeal or in court actions. The following statement: “If you challenge any decision made by a review authority through administrative appeal or in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the review authority at, or prior to, the public hearing.”

(C) Method of notice distribution. Notice of a public hearing must be given not more than 30 and not less than ten days before the hearing date using the methods required by Cal. Gov’t Code § 65091 and as follows:

• (1) Mailing.

(a) Notice is complete upon mailing and must be mailed or delivered at least ten days before the scheduled hearing to the following recipients:

1. The owners of the subject property or the owner’s authorized agent, and the applicant;

2. The owners of the real property located within a radius of 300 feet from the exterior boundaries of the subject property. The Department may mail or deliver notices to properties within a larger radius of the subject property if deemed necessary by the Director;

3. Each local agency expected to provide roads, schools, sewerage, streets, water, power or other essential facilities or services to the subject property, whose ability to provide those facilities and services may be significantly affected; and

4. Any person who has filed a written request for notice of the hearing with the Department or City Clerk.

(b) If the number of property owners to whom notice would be mailed in compliance this division (C)(1) is more than

1,000, the Department may provide notice by placing a display advertisement of at least one-eighth page in a local newspaper of general circulation at least ten days prior to the hearing.

(2) Posting. Notice must be posted on the project site and two other public places at least ten days before the hearing, one of which will always be City Hall.

• (3) Publication.

(a) Notice of a public hearing for a General Plan, Zoning Code amendment, subdivision and other projects required to do so by state law must be published in a local newspaper of general circulation at least ten days before the hearing.

(b) For any other project requiring a public hearing, the Director may determine that enhanced public notice is necessary

and/or desirable and require notice publication in a newspaper of general circulation at least ten days before the hearing.

(4) Drive-thru facilities. For projects involving a new or modified drive-thru facility, the Department shall provide notice to local organizations identified by the Department as serving Eureka’s blind, aged and/or disabled community.

(5) Additional notice. In addition to the types of notice required above, the Department may require or provide additional notice as determined necessary or desirable by the Department.

(D) Failure to receive notice. The validity of the hearing is not affected by the failure of any resident, property owner or community member to receive a mailed or other notice.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

When the Zoning Code requires a notice of pending action for applications acted on by the Director, public notice must be given prior to the date of action as follows.

(A) Content of notice. A notice of pending action must include all of the following information, as applicable:

(1) Project information. The applicant's name, the application file number, a general description of the project, the location of the subject property.

(2) Statement on environmental determination. The environmental review for the project (e.g., exemption, negative

declaration); a statement that the Director has adopted a CEQA determination or document, if applicable.

(3) Hearing request period. The notice must state that within 15 days of the date the notice is mailed, any person may submit a written request for a public hearing before the Planning Commission on the application, and must indicate the reason or reasons the public hearing is requested.

(B) Method of notice distribution. Notice of pending action must be mailed to the following recipients:

(1) The owners of the subject property, the owner's authorized agent, and/or the applicant.

(2) The owners of the real property located within a radius of 300 feet from the exterior boundaries of the subject property.

The Department may mail or deliver notices to properties within a larger radius of the subject property if deemed necessary by the Director.

(3) Any person who has filed a written request for notice of the action with the Department or City Clerk.

(C) Hearing only on request.

(1) If the Department receives a written request for a public hearing before the end of the 15-day period, a date for the public hearing will be determined, and notice will be provided pursuant to § 155.408.080 (Notice of Public Hearing).

(2) If no request for a public hearing is received by the end of the 15-day period, the Director will act on the application, and the action is final.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22)

(A) General. Hearings will be conducted in a manner consistent with any procedures adopted or endorsed by the review authority.

(B) Notice of public hearing. Notice of the public hearing must be provided in accordance with § 155.408.080 (Notice of Public Hearing).

(C) Time and place of hearing. A hearing must be held at the date, time, and place for which notice was given, unless the required quorum of hearing body members is not present or the hearing is continued pursuant to division (E) below.

(D) Public comment. All hearings must be open to the public with opportunity to provide comment and/or testimony in accordance with established procedures.

(E) Continued hearing.

• (1) A hearing may be continued without further notice, provided that the review authority chair announces the date, time and place to which the hearing will be continued before the hearing adjournment or recess.

• (2) The Director may continue a hearing without further notice when a quorum of the review authority is not present at the public hearing. The Director must announce the date, time and place to which the hearing will be continued.

• (F) Decision. After the close of a public hearing, the review authority may:

• (1) Approve, approve with conditions or deny the application; or

(2) Make a recommendation to another review authority if the review authority does not make the final decision on the application.

• (Ord. 885-C.S., passed 5-21-19)

(A) Discretionary permits.

• (1) The review authority may attach conditions to a discretionary approval as needed to:

• (a) Achieve consistency with the General Plan, Zoning Code and any applicable specific plan or area plan adopted by the City Council;

• (b) Mitigate any project impacts; and

• (c) Ensure compliance with any applicable city requirement or regulation.

• (2) A decision to impose a condition on a discretionary approval may involve the subjective judgment of the review authority to determine how a project may best meet a city policy or regulation.

• (B) Ministerial permits.

(1) The Director may attach conditions to a ministerial approval as needed to bring the project into compliance with an objective standard or requirement.

(2) Conditions attached to ministerial permits must also be ministerial and may not involve subjective judgment.

(Ord. 885-C.S., passed 5-21-19)