Montague Municipal Code Ch. 15.30 Permit Streamlining

Sections:

The purpose and intent of this chapter is to implement the Permit Streamlining Act (Chapter 4.5 commencing with Section 65920 of Division 1 of Title 7 of the California Government Code). (Ord. 94-1 § 1, 1994)

Whenever the following words are used in this chapter, they shall have the meaning given them in this section, unless otherwise defined.

A. “Administrative appeal” means review, as provided by law, rule, regulation, or ordinance, of an approval or denial of an application for a development project either by a body within the city or by an agency at another level of government.

B. “Applicant” means a person or his authorized representative who requests in writing the approval of a lease, permit, license, certificate or other entitlement for use from one or more public agencies which may be required for a development project proposed by that person.

C. “Application” means the form and information submitted by an applicant where such form and information is to be used to determine whether to approve or deny permits or other entitlement for use.

D. “Approval” means the issuing or commitment to issue by a public agency of a lease, permit, license, certificate or other entitlement for use for a development project for which an application was accepted as complete. “Approval” includes all actions required by all public agency departments and organizational units which must act upon the permit in order for it to be validly issued, but does not include administrative appeals.

• E. “California Environmental Quality Act (CEQA)” means California Public Resources Code Sections 21000, et seq.

F. “Joint environmental document” means an environmental document prepared cooperatively by the state lead agency under the California Environmental Quality Act (CEQA) and the federal lead agency under the National Environmental Policy Act (NEPA) to comply with both the California Environmental Quality Act and the National Environmental Policy Act.

• G. “Development” means the:

  1. Placement or erection of any solid material or structure on land, in water or under water;

  2. Discharge or disposal of solid, liquid, gaseous or thermal waste or any dredged material;

  3. Grading, removing, dredging, mining or extraction of any materials;

  4. Change in density or intensity of use of land including subdivisions pursuant to Subdivision Map Act commencing with Section 66410 of the Government Code or other division of land, except land divisions produced by public agency acquisition of land for public recreation uses, and except the approval or disapproval of final subdivision maps;

5. Change in intensity of use of water or altered access to water;

6. Construction, reconstruction, demolition or alteration of any structure;

7. Removal or harvesting of major vegetation, except for agricultural operation, kelp harvesting or timber operations which comply with an approved timber harvest plan submitted pursuant to the Z'Berg-Nejedly Forest Practices Act of 1973 (Chapter 8, commencing with Section 4511, or Part 2 Division 4 of the California Public Resources Code).

As used in this section, “structure” includes, but is not limited to, any building, road pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

“Development” does not mean a “change of organization,” as defined in Section 56028, a “change of organization of a city,” as defined in Section 35027, a “reorganization,” as defined in Section 56068, or a “municipal reorganization,” as defined in Section 35042 of the Government Code.

H. “Development project” means any project undertaken for the purpose of development. “Development project” includes a project involving the issuance of a discretionary permit for construction or reconstruction. “Development project” does not include: (1) the issuance of a permit to operate after approval of construction or reconstruction, (2) any ministerial projects proposed to be carried out or approved by public agencies.

I. “Environmental documents” means initial studies, notices of preparation, negative declaration, draft and final environmental impact reports (EIRs), notices of completion and notices of determination as defined in the state EIR Guidelines contained in Chapter 3, Division 6, of Title 14 of the California Administrative Code.

J. “Lead agency” means the public agency which has the principal responsibilities for carrying out or approving a project. “Lead agency” means the same lead agency as determined pursuant to the California Environmental Quality Act.

K. “Local agency” means any public agency other than a state or federal agency, board or commission. Local agency includes but is not limited to cities, counties, charter cities, a city and county, districts, school districts, special districts, redevelopment agencies, and any board, commission, or organizational subdivision of such local agencies. Such boards, commission or organizational subdivision of a local agency are normally considered part of one local agency and are not separate local agencies.

L. “Permit Streamlining Act” means Chapter 4.5 of Division 1 of Title 7 of the Government Code commencing with Section 65920 (added by Chapter 1200).

M. “Project” means an activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. “Project” includes but is not limited to activities requiring the following entitlements for use:

1. A tentative map or parcel map under the Subdivision Map Act (Government Code Sections 66410, et seq.);

2. A use permit or conditional use permit;

3. A variance;

4. Review under a discretionary ordinance, such as a design review ordinance;

5. (Optional:) Other applicable discretionary approvals.

“Project” does include the following activities of a public agency:

1. Issuing a contract, grant, subsidy, loan, or other form of financial assistance;

2. Taking a legislative or quasi-legislative action, such as issuing rules or regulation;

3. Proposing development to be carried out by that public agency;

4. Adopting or amending a local agency's general plan pursuant to Government Code Sections 65350, et seq.;

5. Adopting or amending specific plans pursuant to Government Code Sections 6550, et seq.;

6. Reviewing, extending or assigning an entitlement for use, provided that no new development is proposed either by the applicant, or by the agency as a condition of approval;

7. Approving or denying activities those ministerial permits as defined pursuant to the California Environmental Quality Act which can include but are not limited to, building permits, final subdivision maps, occupancy permits, permits to operate and inspection permits.

N. “Responsible agency” means a public agency, other than the lead agency, which has responsibility for carrying out or approving a project, It includes all public agencies other than the lead agency from which a lease, permit, license, certificate or other entitlement for use is required for the development project.

• O. “Shall” is mandatory, “should” is advisory, and “may” is permissive.

• P. “State agency” means any agency, board or commission of state government. For all purposes of this chapter the term “state agency” shall include an air pollution control district. (Ord. 94-1 § 2, 1994)

This chapter applies to all applications appertaining to development projects in the city. (Ord. 94-1 § 3, 1994)

This ordinance does not apply to the following actions:

• A. Administrative appeals with a local agency or to a state agency;

B. Approval or disapproval of a final subdivision map pursuant to the Subdivision Map Act commencing with Section 66410 of the Government Code. However, approval or disapproval of a final subdivision map is still subject to Government Code Section 66458, which generally requires the local legislative body to act on a final map within ten days of the filing of the map or at its next regularly scheduled meeting, unless an extension is authorized. In addition, the approval or disapproval of a final subdivision map shall occur within one year from the date on which the final map is filed for approval (as required by Government Code Section 65922 (c)), and this deadline is not extendable;

• C. Change in organization or reorganization of a municipality;

• D. A claim of exemption from the permit jurisdiction of the California Coastal Commission filed pursuant to Public Resources Code Section 30608;

• E. Legislative acts of the city of Montague city council. (Ord. 94-1 § 4, 1994)

A. The city clerk of the city shall be responsible for the coordination of all applications and permits for the development of residential, commercial and industrial projects in the city. The city clerk shall provide the information specified in Section 15.30.060 of this chapter and shall provide information on the status of applications under review.

B. The city shall charge fees to defray the costs which are directly attributable to the coordination of a permit application by the city clerk. The city council is authorized to adopt a resolution from time to time to update these costs. (Ord. 94-1 § 5, 1994)

A. The city shall provide, upon request by an applicant or their designee, accompanied by a project description, a complete list of all permits required by ordinance or other law of the city which must be obtained for the project thus described.

B. The city clerk shall provide upon request by an applicant or their designee a list of required information, or in lieu thereof, an application form which properly filled in will constitute a completed application. (Ord. 94-1 § 6, 1994)

The city clerk shall determine within thirty calendar days of receipt of an application whether the application is complete. Such determination shall be in writing and shall be immediately transmitted to the applicant. (Ord. 94-1 § 7, 1994)

A. Not later than thirty calendar days from the receipt by the city of the materials specified in Section 15.30.060(A), the city clerk shall determine in writing whether such materials together with the initial submittal of the application constitute a complete application and shall forthwith transmit the written determination to the applicant.

B. In the event that an application is determined incomplete the city clerk shall include in the written determination thereof those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application.

C. In the event that the city clerk determines that the materials submitted pursuant to subsection B above do not constitute a completed application, and provided that the city clerk has so determined within the period provided in subsection B, the applicant may appeal the determination to the Montague appeal board of the city. (Reference: Government Code Section 65943(c))

Any appeal filed under this section must be filed within fifteen days of the determination made pursuant to subsection B of this section. (Ord. 94-1 § 9, 1994)

A. After the city accepts an application as complete, the agency shall not subsequently request of an applicant any new or additional information which was not required as part of the application originally determined to be complete. However, the city may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the original complete application. Making a request for supplemental information does not waive, extend, or delay the time limits prescribed herein for a decision on the complete application.

B. This section shall not be construed as requiring an applicant to submit with the initial application all of the information which shall be required in order to take final action on such application. Prior to accepting an application the city shall inform the applicant in writing of any information which will subsequently be required from the applicant in order to complete final action on such application. The city shall not require an applicant to submit the information equivalent to an environmental impact report as a part of the complete application;

provided, however, the application shall contain enough information for the lead agency to prepare an initial study under CEQA. (Reference: Government Code Section 65941) (Ord. 94-1 § 10, 1994)

In the event that the determinations provided in 15.30.080A are not made within thirty calendar days, the application shall be deemed complete as submitted and the time limits for acting upon the permit as provided in this chapter commence to run. (Ord. 94-1 § 11, 1994)

A. The city shall approve or disapprove a development project for which an environmental impact report is required and for which the city is the lead agency within one year from the date on which the application requesting approval of the project has been accepted as or deemed complete.

B. If a negative declaration is prepared or if the project is exempt from the California Environmental Quality Act, the development project shall be approved or disapproved within six months from the date on which the application requesting approval of the project has been accepted as or deemed complete, unless the applicant requests that the application be acted upon at a later time.

C. Where a state or local agency other than the city has prepared an environmental document pursuant to the California Environmental Quality Act and where the city will be the responsible agency, the city shall approve or disapprove an application for a development project within either six months from the date on which the lead agency has approved or disapproved the project or six months from the date on which the city accepted the application as complete, whichever is longer.

D. The time limits specified in this section are maximum. The city shall, if possible, approve or deny a project in less than the time limits herein. (Ord. 94-1 § 12, 1994)

In the event that the city fails to act upon the application within the time limits provided in this chapter, such failure to act shall be deemed approval of the development provided that such approval will not endanger the public health, safety or welfare nor would violate any applicable statute of the state of California.

B. Any application deemed approved under this section shall automatically revoke one year from the date of approval unless the applicant has commenced construction of the project as approved. (Ord. 94-1 § 13, 1994)

• A. Exemptions: The time limits in this chapter do not apply.

  1. Where a joint environmental document will be prepared in conjunction with the action on the application; or

  2. Where federal statute or regulations applicable to the project under application require time schedules which exceed the limits provided herein. (Reference: Government Code Section 65954)

• B. Extensions.

  1. If the time period for the preparation of an environmental impact report has been extended pursuant to Public Resources Code Section 21151.5, the time limits in Section 15.30.110 of this chapter shall be extended by a period not to exceed ninety calendar days measured from the date upon which the environment impact report was certified.

  2. The time limits established by Section 15.30.110 and subsection (B)(1) of this section may be extended once for a period not to exceed ninety days upon written consent of the city and the applicant. (Reference: Government Code Sections 65950.1 and 65957)

• C. Suspension. The time limits specified in this chapter shall be suspended during the term of an administrative appeal.

D. Moratoriums. A moratorium on approving development projects that is adopted by the city does not automatically waive or extend the time limits specified by this chapter. Instead, a moratorium may provide the basis for the city to refuse in writing to accept an application or to deny without prejudice a development project application within the same time limits specified in Section 15.30.100 of this chapter. (Ord. 94-1 § 14, 1994)

The city clerk may deny approval of an application with or without prejudice prior to the expiration of the time limit provided in Section 15.30.120 on any of the following grounds:

A. Wilful failure or refusal by an applicant to provide information reasonably necessary for the preparation of a legally adequate environmental document;

B. Wilful failure or refusal by an applicant to provide information reasonably necessary to provide substantial evidence as a basis for disapproval of a project;

C. Circumstances or situations resulting from acts other than those of the applicant or the city which make it impossible or impractical to act upon the application within the time limits. (Ord. 94-1 § 15, 1994)

A. In the event that a development project requires more than one approval by the city time limits may be established for submitting the information required in connection with each separate request for approval and for acting upon each such request. The time period for acting on all such requests shall not, in the aggregate, exceed those limits specified in this chapter.

B. The city may require the applicant to either submit a series of permit applications according to an established schedule, or may require the applicant to file all applications simultaneously using a combined single unified application form.

C. The city may also allow an applicant to apply for each request for approval individually without adhering to a schedule in which case each application will be processed and decided separately according to the time limits specified in this chapter. (Reference: Government Code Section 65957.1) (Ord. 94-1 § 16, 1994)