Chapter 17.70 — PERMIT APPLICATION FILING AND PROCESSING

This chapter provides procedures and requirements for the preparation, filing, and initial processing of the planning permit applications required by this development code.

Table 7-1 (review authority) identifies the appropriate review authority responsible for reviewing and making decisions and considering appeals filed on each type of application required by this development code.

A.

Concurrent Filing. An applicant for a development project that requires the filing of more than one application (e.g., tentative subdivision map, use permit, etc.), shall file all related applications concurrently, together with all application fees required by Section 17.70.050 (application fees), unless these requirements are 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 (e.g., a project for which applications for zoning map amendment and a use permit are filed shall have both applications decided by the council, instead of the commission acting upon the use permit as otherwise provided by Table 7-1).

Type of Action Development Code Section Role of Review Authority(1) Director Planning Commission City Council

(Ord. No. 818, § 3(Exh. A), 9-13-2022)

A.

Pre-Application Conference.

An applicant is encouraged to request a pre-application conference before completing and filing a planning permit application. The purpose of this conference is to generally:

a.

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

b.

Review the city's review process, possible project alternatives or modifications; and

c.

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.

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 any city staff.

Failure by city staff to identify all required studies or all applicable requirements shall not constitute a waiver of those requirements.

B.

Application Contents. 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 required fees

and/or deposits, and all other information and materials required by the list of required application contents in the department handout for the specific type of application. Applicants are encouraged to contact the department before submitting an application to verify which materials are necessary for application filing.

C.

Eligibility for Filing. An application may only be filed by the owner of the subject site, an authorized representative of the owner, or other person with the written consent of the property owner.

D.

Rejection of Application.

Application not Technically Complete. If the department determines that an application does not contain all of the required fees and/or deposits, and all other information and materials required by the list of application contents in the department handout for the specific type of application, the department shall not accept the application for processing.

Application Cannot Lawfully be Approved. If the department determines that an application cannot lawfully be approved by the city (e.g., a request for a zoning map amendment or tentative map could not be granted in the absence of a concurrent general plan amendment; or a use permit application proposes a use that is not allowed in the applicable zone, etc.), the department shall not accept the application for processing.

A.

Fee Schedule. The council shall establish a schedule of fees for the processing of the applications required by this development code, hereafter referred to as the city's planning fee schedule. The fee schedule is intended to allow recovery of all costs incurred by the city in processing permit applications to the maximum extent allowed by the law.

B.

Timing of Payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid. Failure to timely pay 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. Application fees cover city costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Therefore, no refund due to a denial shall be allowed. In the case of a withdrawal, the director may authorize a partial refund based upon the pro-rated costs to-

date and the status of the application at the time of withdrawal in compliance with the city's planning fee schedule.

A.

Applicant Agreement. 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 save harmless the city and its agents, attorneys, employees, and officers, from any action, claim, lose, or proceeding brought against the city or its agents, employees, and officers to attack, set aside, void, or annul a discretionary land use approval of the city, which action is brought within the applicable statute of limitations. 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 a development permit (e.g., development review permit, limited term permit, planned development permit, use permit, or variance, etc.) for completeness and accuracy before it is accepted as complete in compliance with Government Code Section 65943. The director's determination of completeness shall be based on the city's list of required application contents (see Section 17.70.040.B, application contents), and any additional written instructions provided to the applicant in any pre-application conference, and/or during the initial application review period.

Notification of Applicant. As required by Government Code Section 65943, within thirty 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.

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 17.91 (appeals).

Time for Submittal of Additional Information. 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 following Subsection A.4.

Expiration of Application.

a.

If an applicant fails to provide the additional information identified in the director's letter within ninety days following the date of the letter, the application shall expire and be deemed withdrawn, without any further action by the city.

b.

The director may grant one ninety-day extension, if the applicant files a written request with the department before expiration of the original ninety-day period.

c.

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

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 city's environmental review 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.

A.

Staff Evaluation. The director shall review each discretionary application filed in compliance with this article to determine whether it complies and is consistent with the requirements of this development code, other

applicable requirements of the Municipal Code, the general plan, and any applicable specific plan.

B.

Staff Report. The director shall provide a staff report recommending to the commission and/or council (as applicable) whether the application should be approved, approved subject to conditions, or denied.

C.

Report Distribution. Each staff report shall be provided to the applicant at the same time as the review authority before action on the application.