Chapter 17.70 — APPLICATIONS, PROCESSING, AND FEES

This article provides procedures and requirements for the preparation, filing and processing of applications for land use permits and other entitlements required by this Development Code.

Land use and development decisions are under the jurisdiction of the City Council, Planning Commission, City Manager, City Planner, Building Official, City Engineer, Site Plan Review Committee (consisting of the City Planner, City Engineer, and Building Official) and Design Review Committee. For more information regarding administrative responsibilities, refer to Chapter 17.120 (Administrative Responsibilities). 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.

When a single project incorporates different land uses or features so that this Development Code requires multiple land use permit applications, and/or the project involves a land use permit application and a Tentative Map, all the applications shall be reviewed, and approved or denied, concurrently by the highest level review authority assigned by Table 4-1 to any of the required applications. (For example, a project that requires a Zoning Map amendment and a Use Permit shall be reviewed, and approved or denied by the City Council, where a Use Permit application by itself would normally be reviewed and acted upon by the Planning Commission.)

Notes:

• (1) "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "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 of an earlier decision, in compliance with Chapter 17.140 (Appeals).

• (2) In the event there is no Design Review Committee, the Planning Commission will have authority.

• (3) The City Planner and Site Plan Review Committee may refer any matter under their jurisdiction directly to the Commission, so that the Commission may instead make the decision.

• (4) The review authority for parcel map and final map is the City Engineer.

• A. Application contents. The preparation and filing of applications for land use permits, amendments (e.g., General Plan, Zoning Map, or Development Code), and any other matters pertaining to this Development Code shall comply with the following requirements:

  1. Applications shall include the forms provided by the Planning Department, and all information and materials required by the Application Content Requirements list provided by the Planning Department for the specific type of application;

  2. Applications shall be filed with the Department; and

  3. It is the applicant's responsibility to provide evidence in support of the findings required for the approval of the application by this article.

• B. Eligibility for fling. Applications may be made by the owner of the subject property or by a lessee or any other person, with the written consent of the property owner.

• C. Time for fling. Any land use permit required by this Development Code shall be filed with the City Planner, processed and approved before the approval of any Building, Grading, or other

construction permit or other authorization required by the Municipal Code or this Development Code for the proposed use or structure.

The City Council shall, by resolution, establish a schedule of fees for permits, amendments, and other matters pertaining to this Development Code. The schedule of fees may be changed or modified only by resolution of the City Council. Processing shall not commence on any application until all required fees have been paid.

• A. Refunds and withdrawals. Recognizing that filing fees cover the costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, refunds due to a denial are not allowed, except in the case of an appeal hearing by the City Council in compliance with Section 17.140.030 (Filing and Processing of Appeals). In the case of a withdrawal, the City Planner may authorize a partial refund based upon the City Planner's determination of pro-rated costs to-date and the status of the application at the time of withdrawal.

• B. City Council payment of fees. The City Council may elect to pay the filing fees in only the following situations:

  1. Applications made by tax supported Governmental agencies (e.g., school district, etc.);

  2. Applications made by charitable organizations as defined by resolution of the City Council; or

  3. Applications made in compliance with established City Council policy on the City Council's payment of fees.

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

• A. Completeness review. The City Planner shall review all applications for completeness and accuracy before they are accepted as being complete for processing.

  1. Notifcation of applicant. The applicant shall be informed within 30 days of submitting an application, as required by the State law (Government Code Section 65943 ), either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in writing, shall be provided before it can be accepted for processing.

  2. Appeal of determination. Where the City Planner has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the City Planner is not required, the applicant may appeal the determination in compliance with Chapter 17.140 (Appeals).

  3. Environmental information. The City Planner may require the applicant to submit additional information needed for the environmental review of the project in compliance with subsection C , below.

  4. Expiration of application. If the applicant does not provide sufficient information to complete an application within 90 days after notification that the application is incomplete, the application shall be deemed withdrawn, unless an extension is granted by the City Planner.

A new application, including fees, plans, exhibits, and other materials that will be required to commence processing of any development project on the same property, may then be filed in compliance with this article.

• B. Referral of application. At the discretion of the City Planner, or where otherwise required by this Development Code, State or Federal law, any 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.

• C. Environmental assessment.

  1. All development applications shall be reviewed as required by 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.

  2. These determinations and, where required, the preparation of environmental documents shall comply with the CEQA Guidelines.

• A. Project review procedures. Each application shall be analyzed by the City Planner to ensure that the proposed uses/activities and development are consistent with the content, purpose, and intent of this Development Code, any applicable design guidelines, the CEQA Guidelines, the General Plan, and any applicable Specific Plan. Additionally, any application which may involve substantial grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer.

• B. Notice and hearings. A land use permit application will be scheduled for a public hearing only after the City Planner has determined the application complete, in compliance with Section 17.70.060(A) (Initial Application Review/Environmental Assessment - Completeness Review). Noticing of the public hearing will be given in compliance with Chapter 17.180 (Public Hearings).

The decision of the City Planner, Site Plan Review Committee, Design Review Committee or Planning Commission, as applicable, to approve or deny any land use permit shall be considered final unless an appeal is filed in compliance with Chapter 17.140 (Appeals). The decision of the City Planner, Site Plan Review Committee, Design Review Committee, or Planning Commission, or any condition of approval, is appealable to the City Council.

The following procedures shall apply following the approval of the permit or entitlement.

• A. Expiration and extensions. Time limits for the expiration of approved land use permits, and procedures for obtaining extensions of time are established by Chapter 17.84 (Permit Implementation, Time Limits, and Extensions).

• B. Phasing. Requirements for the development of approved projects in multiple phases are established by Chapter 17.84 (Permit Implementation, Time Limits, and Extensions).

• C. Building Permit. Building Permits may be issued after all applicable terms and conditions of the land use permit approval have been satisfied. Any land use permit issued in compliance with this Development Code shall conform to all applicable provisions of this Development Code.

• D. Certifcate of Occupancy. The Certificate of Occupancy may be issued after all conditions have been fulfilled to the satisfaction of the City Planner.

• E. Minor changes. The City Planner may approve minor changes (e.g., colors, elevations, exterior materials, hours of operation, landscaping, walls/fences, etc.) to required conditions and operating standards of an approved land use permit. The minor changes shall be in compliance with Section 17.84.070 (Changes to an Approved Project).

• F. Major changes. The original review authority may approve major changes to required conditions and operating standards of an approved permit or entitlement, in compliance with Section 17.84.070 (Changes to an Approved Project). The requirements and procedures contained in this Development Code shall apply to any application for a major change, which shall constitute a project requiring environmental review under CEQA.

• G. Performance guarantee. The applicant/owner may be required to provide adequate performance security in compliance with Section 17.84.040 (Performance Guarantees) for the faithful performance of any/all conditions of approval imposed by the review authority.

• H. Revocation. The original review authority may revoke or modify a land use permit approval in compliance with Chapter 17.190 (Revocations and Modifications).