Chapter 21.84 — GENERAL APPLICATION PROCESSING PROCEDURES

This chapter establishes land use and development application processing procedures for all discretionary actions authorized by this title. Unique processing procedures are listed in the individual permit sections (Chapters 21.94 through 21.124), along with several figures showing specific permit processes. (Ord. 612 Exhibit A (part), 2008).

All applications for land use and development permits and actions pertaining to this title shall be submitted to the planning division on a city application form, together with all fees, plans, maps, and any other information required by the planning division.

(Ord. 612 Exhibit A (part), 2008).

The owner(s) or lessee(s) of the property, or the authorized agent(s), or a plaintiff in an action of eminent domain, shall make the application. Any authorized agent shall be formally delegated as such in writing by the property owner. (Ord. 612 Exhibit A (part), 2008).

(a) Every application for a land use or development permit shall include a completed application form designated for the particular request, the applicant signature(s), the agent authorization as appropriate, and processing fee(s) established by city council resolution. Additionally, each application shall include particular maps, plans, and other data about the project development, project site and vicinity deemed necessary by the community development director to provide the recommending and final approving authorities with adequate information on which to base decisions.

(b) Applications will not be accepted by the planning department without required signed application forms and permit fees as established by resolution of the city council. (Ord. 612 Exhibit A (part), 2008).

Required application fees may be waived by the community development director in the following cases:

(1) When the application or appeal is filed by a public agency of the city, state, or federal government; or

(2) When the application is for a variance to permit the relocation of a building on the same lot, if such relocation is necessary solely because of the condemnation for a public use or the sale to a public agency on a portion of such lot. (Ord. 612 Exhibit A (part), 2008).

21.84.060 Initial application completeness review .

All applications filed with the planning division in compliance with this title shall be initially reviewed for application completeness as follows:

(1) Within thirty days of application submittal, the community development director shall determine whether or not the application is complete. The applicant shall be notified in writing of the determination either that: a) all the submittal requirements have been satisfied and that the application has been accepted as complete; or b) specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements. The applicant may appeal the determination in accordance with Chapter 21.88 and the Permit Streamlining Act (California Government Code Section 65943).

(2) To expedite the determination of completeness for administrative permits and actions of the community development director, administrative permit applications shall be deemed complete within seven working days, unless the applicant is otherwise notified in writing within the seven days that additional information is necessary to complete the application.

(Ord. 612 Exhibit A (part), 2008).

After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.). (Ord. 612 Exhibit A (part), 2008).

(a) Distribution and Review. Application materials shall be circulated to other city departments and agencies for review and comment as determined necessary or appropriate by the community development director. Planning department staff shall be responsible for requesting and incorporating comments into project modifications or conditions of approval to ensure conformance with all provisions of the municipal code and other adopted policies and plans.

(b) Staff Determinations, Recommendations, and Reports.

(1) For administrative permits, the community development director shall create a written record of action to approve, conditionally approve, or deny the permit.

(2) For quasi-judicial and legislative actions, the community development director shall prepare a staff report that analyzes the proposed land use and development application for compliance and consistency with the provisions of this title, other applicable sections of the city's Municipal Code, the general plan, any applicable planned unit development, and applicable state law. The staff report shall include recommendations on the approval, approval with conditions, or disapproval of the application, taking into account the information provided by CEQA documentation. The staff report shall be mailed or delivered to the approving authority and the applicant not less than three days prior to public hearing or action on the application.

(Ord. 612 Exhibit A (part), 2008).

A notice of decision shall be required for zoning code interpretations, temporary use permits, administrative adjustments, design review, and all quasi-judicial permits and legislative actions in accordance with the provisions of this section. Within seven days from the final action on an application, the community development director shall send

written notice of decision to the project applicant. The notice of decision shall identify the specific action of the approving authority, including the date of action, applicable conditions, basis for determination, and appeal period. A failure to comply with this section shall not affect the validity of the decision. (Ord. 624 § 10, 2008; Ord. 612 Exhibit A (part), 2008).

Whenever an application or portion of an application has been denied or revoked and the denial or revocation becomes final, no new application for the same or similar request may be accepted within one year of the date of the action to deny or revoke, unless the community development director determines that a new application is warranted due to a substantial change in land use on properties in the vicinity, improved infrastructure in the vicinity, altered traffic patterns, or any such similar change resulting in a changed physical environment. (Ord. 612 Exhibit A (part), 2008).