Lodi Municipal Code Ch. 17.38 Application Filing and Processing

This chapter provides procedures and requirements for the preparation, filing, and processing of applications for the land use permits required by this development code.

(Ord. No. 1869, § 2, 2-20-2013)

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 approvals required by this development code.

(Ord. No. 1869, § 2, 2-20-2013)

When a single project incorporates different land uses or features so that this development code requires multiple land use permit applications, the applicable review authority may choose to require that all applications be reviewed, and approved or disapproved, by the highest level review authority assigned by Table 4-1 to any of the required applications.

TABLE 4-1 Review Authority

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 17.70 (Appeals).

(2) SPARC means the Site Plan and Architectural Approval Committee. (See Section 17.66.050)

(3) The Director may defer action on permit applications and refer the items to the Commission for the final decision.

(Ord. No. 1869, § 2, 2-20-2013)

The preparation and filing of applications for land use permits, amendments (e.g., General plan, zoning map, and development code), and other matters pertaining to this development code shall comply with the following requirements:

A. Pre-application Review.

1. A prospective applicant or agent is strongly encouraged to request a pre-application review with the department before completion of project design and the formal submittal of a permit application.

2. A request by an applicant for pre-application review, accompanied by preliminary project plans and designs and the required filing fee, will be reviewed by affected city departments and other selected agencies.

3. The reviewing city staff members will inform the applicant of requirements as they apply to the proposed development project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible alternatives or modifications to the project, and identify any technical studies that may be necessary for the environmental review process when a formal application is filed.

4. Neither the preapplication review nor information and/or pertinent policies provided by the department shall be construed as a department recommendation for approval or disapproval of the application/project.

B. Application Contents and Fee. Applications shall include the forms provided by the Department, and all information and materials required by the application content requirements handout provided by the department for the specific type of application (e.g., use permit, variance, or others), and the filing fee required by the council's fee resolution.

C. Eligibility, Filing. All land use permit and other applications required by this development code shall be filed with the department. Applications may be made by:

1. The owner of the subject property; or

2. Any other person, agent, or representative, with the written consent of the property owner.

D. Filing Date. The filing date of an application shall be the date on which the department receives the last submission, map, plan, or other material required as a part of that application by subsection B of this section, including appropriate filing fees, in compliance with Section 17.38.060 (Initial Application Review) and deemed complete by the director.

(Ord. No. 1869, § 2, 2-20-2013)

A. Filing Fees Required.

1. The council shall, by resolution, establish a schedule of fees for amendments, entitlements, and other matters pertaining to this development code, referred to as the council's fee resolution.

2. The schedule of fees may be changed only by resolution of the council.

3. The city's processing fees are cumulative. For example, if an application for a parcel map also requires an administrative deviation, both fees shall be charged.

4. Processing shall not commence on an application until all required fees have been paid.

5. Without the application fee the application shall not be deemed complete.

6. The city is not required to continue processing any application unless additionally required fees are paid in full.

7. Failure to pay the applicable fees is grounds for disapproval of the application.

B. Refunds and Withdrawals.

1. Recognizing that filing fees are utilized to cover city costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds due to a disapproval are allowed.

2. In the case of a withdrawal, the director may authorize a partial refund based upon the pro-rated costs to-date and determination of the status of the application at the time of withdrawal.

(Ord. No. 1869, § 2, 2-20-2013)

All applications filed with the department in compliance with this development code shall be initially processed as follows:

A. Completeness Review. The Director shall review all applications for completeness and accuracy before they are accepted as being complete in compliance with Section 17.38.040(B) (Application Contents and Fees), above.

1. Notification of Applicant. The applicant shall be informed in writing within thirty days of submittal, 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 letter, shall be provided. All additional information needed shall be identified in the letter providing notice of an incomplete application.

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 determination in compliance with Chapter 17.70 (Appeals).

3. Environmental Information. The director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 17.38.070 (Environmental Assessment), below.

4. Expiration of Application. If the applicant does not provide the additional information required in compliance with subsection (A)(1), above, within one hundred twenty days after the date of the letter requesting the additional information, the director may consider the application withdrawn if the director determines that reasonable progress toward completion of the application has not occurred. Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials that are required for any project on the same site.

5. Criteria for Acceptance. An application shall not be accepted as complete unless or until the director determines that it:

a. Is consistent with the general plan, and any applicable specific plan; development agreement, or previously approved use permit;

b. Is in compliance with zoning district requirements applicable to the site, except for a zoning map amendment or prezoning filed in compliance with Chapter 17.72 (Amendments); and

c. Includes all information and materials required by Section 17.38.040(B) (Application Contents and Fees).

6. Violations on the Site.

a. The director shall not find the application complete, and/or shall not process or approve the application, if conditions exist on the site in violation of this development code or any permit or other approval granted in compliance with this development code, other than an application for the approval, entitlement, or permit, if any, needed to correct the violation.

b. The director's authority under this subsection shall apply whether:

i. The current applicant was the owner of the subject property at the time the violation occurred; or

ii. The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.

c. The Director's decision may be appealed in compliance with Chapter 17.70 (Appeals).

B. Referral of Application. At the discretion of the director, 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.

(Ord. No. 1869, § 2, 2-20-2013)

After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines.

(Ord. No. 1869, § 2, 2-20-2013)

A. Staff Evaluation. The director shall review all applications filed in compliance with this chapter to determine whether they comply with the provisions of this development code, other applicable provisions of the municipal code, and the general plan.

B. Staff Report Preparation.

1. The department staff shall prepare a staff report that describes conclusions about the proposed land use and any development as to its compliance and consistency with the provisions of this development code, other applicable provisions of the municipal code, the general plan, and any applicable specific plan.

2. The staff report shall include recommendations on the approval, approval with conditions, or disapproval of the application, based on the project evaluation, and consideration of information provided by an initial study or environmental impact report.

C. Report Distribution. Staff reports shall be furnished to the applicants at the same time as they are provided to the review authority before the public hearing on the application.

(Ord. No. 1869, § 2, 2-20-2013)