Chapter 10.82 — PERMIT APPLICATION FILING AND PROCESSING

This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the land use permit applications required by this Zoning Code. (Ord. 935 § 3 (part), 2015)

Table 6-1 (Review Authority), below, identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Code. (Ord. 935 § 3 (part), 2015)

A. Concurrent Filing. An applicant for a development project that requires the filing of more than one application (e.g., Zoning Map Amendment and a Conditional Use Permit, etc.), shall file all related applications concurrently, together with all application fees required by Section 10.82.090 (Application Fees), below, unless the concurrent filing 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 Zoning Code for any of the applications (i.e., a project for which applications for Zoning Map Amendment and a Conditional Use Permit are filed shall have both applications decided by the Council, instead of the Commission acting upon the Conditional Use Permit as otherwise required by Table 6-1). In the example cited, the Commission would still hear each application (the Zoning Map Amendment and the Conditional Use Permit) and forward recommendations to the Council.

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 to the decision of an earlier decision making body, in compliance with Chapter 10.114 (Appeals).

(2) The Director may choose to refer the application to the Commission for review and final decision, as authorized by this Zoning Code.

(3) The City Manager shall serve as the first line of appeal for Temporary Use Permits in compliance with Subsection 10.96.080D. (City Manager to Act as Appeal Review Authority).

(Ord. 935 § 3 (part), 2015)

• A. Pre-Application Conference.

1. A prospective applicant is strongly encouraged to request a pre-application conference with the Director before completing and filing a land use permit application.

2. 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.

3. 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.

4. Failure by City staff to identify all required studies or all applicable requirements shall not constitute a waiver of those requirements. Additionally, the provision of incorrect information by City staff does not waive the Zoning Code requirements.

B. Application Contents. Each application for a permit or other approval pertaining to this Zoning Code 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 specified in the most up-to-date Department handout for the specific type of application and/or as specified by the Director. Applicants are encouraged to contact the Director before submitting an application to verify which materials are necessary for application filing.

• C. Eligibility for Filing.

1. An application may only be filed by the owner of the subject property or a lessee or authorized agent of the owner with the written consent of the property owner.

2. The application shall be signed by the owner of record or may be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. (Ord. 935 § 3 (part), 2015)

A. Fee Schedule. The Council shall establish, by resolution, a schedule of fees for the processing of the applications required by this Zoning Code, hereafter referred to as the Planning Fee Schedule. The Planning Fee Schedule is intended to allow recovery of all costs incurred by the City in processing permit applications to the maximum extent allowed by law.

B. Timing of Payment. Applications shall not be deemed complete, and processing shall not commence, on any application until all required fees or deposits have been paid. Failure to timely pay supplemental requests for payment of required fees and/or deposits shall be a basis for denial or revocation of any permit or other requested approval, notwithstanding any other provisions of this Zoning Code.

C. Refunds and Withdrawals. Application fees cover City costs for public hearings, mailings, staff time and the other activities involved in processing applications.

Consequently, no refund due to denial shall be allowed. In the case of a withdrawal, the Director shall have the discretion to 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 Planning Fee Schedule. (Ord. 935 § 3 (part), 2015)

A. Applicant Agreement. As part of this application, applicant agrees to defend, indemnify, release and hold harmless from any and all claims, actions, proceedings or liability of any nature whatsoever arising out of, or in connection with, the City’s review or approval of the proposed project, or the acts or omissions of the applicant, its agents, employees or contractors. This obligation shall also extend to any effort to attack, set aside, void, or annul any action or decisions of the City in connection with this application, including any contention the project approval is defective because a City ordinance, resolution, policy, standard, or plan is not in compliance with local, State or Federal law. This indemnification shall include damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney’s fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, the City, and/or the parties initiating or bringing the proceeding. If a defense right is exercised, the City Attorney shall have the absolute right to approve any and all counsel employed to defend the City. The modification of the proposed project by the applicant or the imposition of conditions by the City shall not alter the effectiveness of this indemnity obligation.

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 and land owner of the existence of the action, claim, or proceeding to which this condition is applicable and shall further 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 attorneys’ fees and costs and defends the action in good faith. (Ord. 935 § 3 (part), 2015)

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 preapplication conference (see Section 10.82.040 [Application Preparation and Filing]) 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 processing, or that the application is incomplete and that additional information, specified in the Director’s letter, shall be provided.

2. 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 10.114 (Appeals).

3. Submittal of Additional Information.

a. When the Director determines that 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. Upon submittal of additional information, the Director shall have an additional 30 days to review the additional information in order to determine application completeness.

4. Expiration of Application.

a. If an applicant fails to provide the additional information specified in the Director’s letter within 45 days following the date of the letter, or shorter time frame as determined by the Director, the application shall expire and be deemed withdrawn without any further action by the City, unless an extension is approved by the Director for good cause shown.

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

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 CEQA and Section 10.82.090 (Environmental Review), below.

B. Referral of Application. At the discretion of the Director, or where otherwise required by this Zoning 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. (Ord. 935 § 3 (part), 2015)

A. Staff Evaluation. The Director shall review all discretionary applications filed in compliance with this Chapter to determine whether they comply and are consistent with the provisions of this Zoning Code, other applicable provisions of the Municipal Code, the General Plan, and any applicable specific plan.

B. Staff Report. The Director shall provide a written recommendation to the Commission and/or Council (as applicable) as to whether the application should be approved, approved subject to conditions, or denied.

C. Report Distribution. Each staff report shall be furnished to the applicant at the same time as it is provided to the review authority before action on the application. (Ord. 935 § 3 (part), 2015)

A. CEQA Review. After acceptance of a complete application, the project shall be reviewed in compliance with the 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 is appropriate and may be prepared;

4. A Mitigated Negative Declaration is appropriate and may be prepared; 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 the CEQA. The applicant shall be responsible for all costs related to the CEQA review, in compliance with Section 10.82.050 (Application Fees).

C. Special Studies Required. A special study, paid for in advance by the applicant, may be required to supplement the City’s CEQA compliance review, in compliance with Section 10.82.050 (Application Fees). (Ord. 935 § 3 (part), 2015)