Morro Bay Municipal Code Ch. 17.36 Common Procedures

This chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in this title, unless superseded by specific requirement of this title or state law.

(Ord. No. 662, § 2, 12-13-23)

A. Applicant. The owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof, satisfactory to the director, of the right to use and possess the property as applied for, shall accompany the application.

B. Application Forms and Materials.

1. Application Forms. The director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this title.

2. Supporting Materials. The director may require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).

3. Availability of Materials. All material submitted becomes the property of the city, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the planning division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

C. Application Fees.

1. Schedule of Fees. The city council shall approve by resolution a municipal fee Schedule that establishes fees for permits, informational materials, penalties, copying, and other such items.

2. Payment of Fees. No application shall be accepted as complete and processed without payment of a fee unless a fee waiver has been approved.

3. Fee Waiver. No fee shall be required when the applicant is the city, or if it is waived by the city council or under any other provision of the municipal code.

4. Refund of Fees. Application fees are non-refundable unless otherwise provided for in the municipal code or by policy of the city council.

(Ord. No. 662, § 2, 12-13-23)

Conceptual review is an optional review process that is intended to provide information on relevant policies, zoning regulations, and procedures.

A. Exemption from Permit Streamlining Act. Conceptual review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for conceptual review shall not be considered complete pursuant to the requirements of the Act unless and until the director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 17.36.040, Review of Applications.

B. Review Procedure. The planning division shall conduct conceptual review. The director may consult with or request review by any city agency or official with interest in the application. The director may refer items to the planning commission when in his/her opinion the conceptual review would benefit from planning commission input.

C. Fees. Conceptual review application fees are credited toward any future discretionary permit application.

D. Recommendations are Advisory. Neither the conceptual review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by city representatives. Any recommendations that result from conceptual review are considered advisory only and shall not be binding on either the applicant or the city.

(Ord. No. 662, § 2, 12-13-23)

A. Review Process. The director shall determine whether an application is complete within thirty days of the date the application is filed with the required fee.

B. Incomplete Application. If an application is incomplete, the director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.

1. Zoning Code Violations. An application shall not be found complete if conditions exist on the site in violation of this zoning code or any permit or other approval granted in compliance with this zoning code, unless the proposed project includes the correction of the violations.

2. Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section 17.36.130, Appeals, except there shall be a final written determination on the appeal no later than sixty days after receipt of the appeal. The fact that an appeal is permitted to both the planning commission and the city council does not extend the six-day period.

3. Submittal of Additional Information. The applicant shall provide the additional information within thirty days of the notice of incompletion unless a longer time limit is specified by the director.

4. Expiration of Application. If an applicant fails to correct the specified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.

C. Complete Application. When an application is determined to be complete, the director shall make a record of that date. If an application requires a public hearing, the director shall schedule it and notify the applicant of the date and time.

D. Extensions. The director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this title.

(Ord. No. 662, § 2, 12-13-23)

All projects shall be reviewed for compliance with or exemption from the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.

(Ord. No. 662, § 2, 12-13-23)

Unless otherwise specified, whenever the provisions of this title require public notice, the city shall provide notice in compliance with state law as follows.

A. Posted Notice. At least ten days before the date of the public hearing or the date of action when no public hearing is required the city shall post a notice in a conspicuous place on the project site and at the Morro Bay branch of the public library, at the planning division office, and at City Hall.

B. Mailed Notice. At least ten days before the date of the public hearing or before the date of action when no public hearing is required, the director, or the city clerk for hearings before the city council, shall provide notice by first class mail delivery to:

1. The applicant, the owner, and any occupant of the subject property;

2. All owners of record as shown on the latest available records of the county assessor of property within five hundred feet of the subject property.

3. All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; and

4. Any person or group who has filed a written request for notice regarding the specific application.

C. Newspaper Notice. At least ten days before the date of the public hearing, the director or the city clerk for hearings before the city council, shall publish a notice in at least one newspaper of general circulation in the city.

D. Coastal Development Permits. Public notice as required pursuant to Chapter 17.39, Coastal Development Permits (IP).

E. Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, instead of mailed notice, the director or city clerk may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the city at least ten days prior to the hearing.

F. Contents of Notice. The notice shall include the following information:

1. The date of filing of the application;

2. The name of the applicants and the applicants' agents;

3. The number assigned to the application;

4. A description of the proposed project and its location;

5. A determination of whether the project is appealable to the coastal commission;

6. The date, time and place of the hearing and/or decision on the application;

7. A brief description of the procedures for public comment and decision on the application, including listing what review authority is to decide on the CDP application, as well as the system of appeal for any actions taken;

8. For council hearings, the planning commission recommendation; and

9. If the decision will include a determination on a coastal development permit, any information required pursuant to Chapter 17.39, Coastal Development Permits (IP).

G. Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or neighborhood or community organization to receive a mailed notice.

(Ord. No. 662, § 2, 12-13-23)

Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of state law and as follows.

A. Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. They do not have to be conducted according to technical rules relating to evidence and witnesses.

B. Scheduling. Hearings before the city council shall be scheduled by the city clerk. All other hearings shall be scheduled by the director.

C. Presentation. An applicant or an applicant's representative may make a presentation of a proposed project.

D. Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.

E. Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

F. Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time and place without providing further notice, or may continue the item to an undetermined date and provide notice of the continued hearing.

G. Investigations. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by city staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the body in making its decision.

H. Decision. The public hearing shall be closed before a vote is taken.

(Ord. No. 662, § 2, 12-13-23)

When making a decision to approve, approve with conditions, revoke or deny any discretionary permit under this title, the responsible authority shall issue a notice of action and make findings of fact as required by this tile.

A. Timing. The responsible authority shall decide to approve, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the city council in accordance with Section 17.36.130, Appeals.

1. Project Exempt from Environmental Review. Within thirty days of the date the city has determined an application to be complete, a determination must be made whether the project is exempt from environmental review per state CEQA requirements.

2. Project for which a Negative Declaration or Mitigated Negative Declaration is Prepared. Within sixty days of the date a negative declaration or mitigated negative declaration has been completed and adopted for project approval, the city shall take action on the accompanying discretionary project.

3. Project for which an EIR is Prepared. Within one hundred eighty days of the date the decision-making authority certifies a final EIR, the city shall take action on the accompanying discretionary project.

B. Notice of Action. After any action to approve, or deny an application that is subject to appeal under the terms of this title, the director shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision. The director shall mail the notice to the applicant and to any other person or entity that has filed a written request for such notification with the planning division.

1. Coastal Development Permits. Local decisions on coastal development permits shall be made and notice of final action shall be given pursuant to Chapter 17.39, Coastal Development Permits (IP).

C. Findings. Findings, when required by state law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.

(Ord. No. 662, § 2, 12-13-23)

A. Scope. Any approval permits only those uses and activities actually included in the project approval, and excludes other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.

B. Conditions of Approval. The site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties or ensures compliance with permit's plans and conditions in all respects.

C. Actions Subject to Enforcement. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this title or require additional permits, then the approval shall be suspended and subject to revocation and enforcement provisions of Chapter 17.48, Enforcement.

D. Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.

(Ord. No. 662, § 2, 12-13-23)

A final decision on an application for any discretionary approval subject to appeal shall become effective after the expiration of the ten-day appeal period following the date of action, unless an appeal is filed. No building permit or business license shall be issued until the eleventh day following the date of the action.

A. Coastal Development Permits. Coastal development permits are effective pursuant to Chapter 17.39, Coastal Development Permits (IP).

(Ord. No. 662, § 2, 12-13-23)

Permits and approvals granted under this title shall automatically expire and become null and void if the approval is not inaugurated within the time periods established in this section, or the approved use, structure, or site development is not continued pursuant to Section 17.36.110 C, Continuation of Use, Structure, or Site Development.

A. Inaugurating a Permit or Approval. A permit or approval is inaugurated when a valid city building permit has been issued for work related to the approval and construction work has begun and been carried on diligently without substantial suspension or abandonment of work. Where a building permit is not required, the approval shall be considered inaugurated when the use or development authorized by the approval has commenced and, if required, a valid city business license has been issued.

B. Time Period in which to Inaugurate a Permit or Approval.

1. Expiration. The decision-maker, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed project must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this title shall automatically expire if it is not inaugurated or extended within two years of its approval.

a. A coastal development permit shall expire pursuant to Chapter 17.39, Coastal Development Permits (IP).

2. Extensions. The director may approve up to two one-year extensions of any permit or approval granted under this title upon receipt of a written application with the required fee prior to expiration date of the permit. For discretionary permits issued by the planning commission, the planning commission may approve additional extensions upon conducting a public hearing.

C. Continuation of Use, Structure, or Site Development. A use, structure, or site development authorized by the permit or approval is considered continued unless the structure or site development is demolished pursuant to Section 17.23.030, Demolition of Buildings and Structures, or the use authorized by the approval is discontinued pursuant to Section 17.26.070, Abandonment of Nonconforming Uses.

(Ord. No. 662, § 2, 12-13-23)

No change in the use, structure, or site development for which a permit or other approval has been issued is permitted unless the permit or approval is revised as provided for in this title.

A. Minor Revisions. The director may approve minor changes to approved plans that are consistent with the original findings and conditions approved by the hearing body and would not intensify any potentially detrimental effects of the project.

B. Major Revisions. A request for changes in conditions of approval of a discretionary permit or for a change in an approved site plan or building plan that would affect a condition of approval shall be treated as a new application, except that the director may approve changes determined to be minor.

(Ord. No. 662, § 2, 12-13-23)

A. Applicability. An action by the director or planning commission in the administration or enforcement of the provisions of this title may be appealed in accordance with this section.

1. Appeals of Director Decisions. Decisions of the director may be appealed to the planning commission by filing a written appeal with the planning division.

2. Appeals of Planning Commission Decisions. Decisions of the planning commission may be appealed to the city council by filing a written appeal with the city clerk and paying any applicable fees.

3. Appeals of Local Decisions on Coastal Development Permits. Actions on coastal development permits may be appealed pursuant to Chapter 17.39, Coastal Development Permits (IP).

B. Appeal Process.

1. Rights of Appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this title.

2. Time Limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within ten days of the date of the action, decision, motion, or resolution from which the action is taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the city is closed, the appeal period shall end at the close of business on the next consecutive business day.

3. Procedures.

a. Filing. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee.

b. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of city building permits and business licenses.

c. Public Notice and Hearing. The director, or in the case of appeals to the city council, the city clerk, shall schedule the appeal for consideration by the applicable appeal body within sixty days of the date the appeal is filed. Notice of the appeal hearing must be provided in the same manner required for the action that was the subject of the appeal.

(Ord. No. 662, § 2, 12-13-23)

Requests for interpretations of this title and verifications relating to prior approvals or permits may be made to the director. Requests shall be in writing. The decision of the director or planning commission on such requests may be appealed under Section 17.36.130, Appeals.

(Ord. No. 662, § 2, 12-13-23)