Mountain House Municipal Code Ch. 4 Staff Review with Notice Procedure

The intent of this Chapter is to specify the procedure to be followed for those applications requiring the use of the Staff Review With Notice Procedure.

(Ord. 2024-18, § 1(Exh. A), 2024)

Notification shall be made as provided in this Chapter. The Director shall review the application to determine its consistency with established policies, standards, and required findings. The Director shall approve, conditionally approve, or deny the application based on the results of that review.

(Ord. 2024-18, § 1(Exh. A), 2024)

At the discretion of the Director, a preapplication conference may be required. The purpose of such a conference shall be to insure that the applicant is aware of issues and requirements related to the project. Other departments and public agencies may be invited to attend a preapplication conference. When a preapplication conference is required by the Director, no application may be accepted until the conference is considered complete by the Director.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications shall be filed with the Community Development Department on forms provided by that Department and shall, at a minimum, contain the following:

(a) Name and Address. The name, address, and signature of the applicant and, for privately initiated applications, the name, address, and signature of the property owner;

(b) Other Documents. Other documents, drawings, and plans as required by the Director; and

(c) Fee. A fee, as provided by resolution of the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

The completeness of applications shall be determined pursuant to this Section.

(a) Initial Determination. Within thirty (30) calendar days after an application has been received, the Director shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the written determination is not made within thirty (30) days after receipt of the application, the application shall be deemed complete.

(b) Procedure if Not Complete. If the application is determined not to be complete, the following procedure shall be followed:

(1) The Director shall specify in writing 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;

(2) The applicant shall submit materials to the Director in response to the list and description specified in Subsection (b)(1);

(3) Within thirty (30) calendar days after receipt of the submitted materials, the Director shall determine in writing whether they are complete and shall immediately transmit that determination to the applicant. If the written determination is not made within the thirty (30) day period, the application together with the submitted material shall be deemed complete; and

(4) If the applicant has not submitted all required materials to the Director within thirty (30) calendar days after the written determination that the application is not complete has been transmitted to the applicant, the application shall be considered withdrawn. The Director may extend the thirty (30) day period if he or she determines that the applicant is diligently attempting to provide all required materials.

(c) Appeal Procedure for Applications Deemed Not Complete. If the application together with the submitted materials are determined not to be complete, the applicant may appeal that decision to the Planning Commission in accordance with the appeal procedure specified in Section 9-2-511.

(1) A final written determination on the appeal shall be made not later than sixty (60) calendar days after receipt of the applicant's written appeal;

(2) If the final written determination on the appeal is not made within the sixty (60) day period noted in Subsection (c)(1), the application with the submitted materials shall be deemed complete.

(Ord. 2024-18, § 1(Exh. A), 2024)

If a proposed project requires more than one (1) application under the provisions of this Title, the applications may be filed at the same time and processed concurrently. If more than one Review Authority is involved, the Director shall determine the sequence for action by the Review Authorities.

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to the standards and findings set forth in this Title, the Community Development Department may prepare supplemental guidelines for the submission of applications and minimum standards and criteria for approval of applications.

(Ord. 2024-18, § 1(Exh. A), 2024)

Notification of applications shall be given in accordance with the provisions of this Section.

(a) Owner. Notice of the application shall be mailed to the owner of the subject real property, or the owner's duly authorized agent, and to the project applicant.

(b) Local Agencies. Notice of the application shall be mailed to each local agency expected to provide water, sewage disposal, streets, roads, schools, parks, or other essential facilities or services to the project.

(c) Other Landowners. Depending on the General Plan designation of the property involved, a notice of the application shall be mailed to all owners of real property as shown on the latest tax rolls, as follows:

(1) In agricultural and conservation areas, all owners of property within fourteen hundred (1,400) feet of the perimeter of the property. However, property owners of no more than five (5) parcels in any direction need be notified, provided all owners within three hundred (300) feet are notified;

(2) In rural residential and very low density residential areas, all owners of property within seven hundred (700) feet of the perimeter of the property. However, property owners of no more than five (5) parcels in any direction need be notified, provided all owners within three hundred (300) feet are notified; and

(3) In all other areas, all property owners within three hundred and fifty (350) feet of the perimeter of the property.

(d) Large Numbers of Landowners. In the event the number of owners to whom notice would be sent pursuant to Subsection (c) is greater than one thousand (1,000), alternative notice may be given in the form of a one-eighth (⅛) page or larger display advertisement placed in a newspaper of general circulation in the affected area.

(e) Interested Parties. Notice of the application shall be mailed to any person who has filed a written request for notice with the Community Development Department.

(f) State Law. Additional notification shall be given as required by state law.

(g) Additional. Additional notification may be given as deemed necessary by the Director.

(h) Mailing. Notice of the application shall be given by United States Mail and shall be mailed at least ten (10) calendar days prior to any action on the application.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Director shall decide to rule on the application or refer the application to the Planning Commission based on the response from notifications, the importance of the issue in carrying out the General Plan, the cumulative effect of similar applications, policy guidance previously received from the Planning Commission or City Council, and the possibility that the decision may set a precedent for future decisions. If the Director does not refer the application to the Planning Commission, he or she shall approve, conditionally approve, or deny the application.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Planning Commission shall hold a hearing on any application referred to it pursuant to Section 9-2-409. Notice of the hearing shall be provided to those parties listed in Section 9-2-408. An applicant, an applicant's representative, or any interested party may make a presentation about the application.

(Ord. 2024-18, § 1(Exh. A), 2024)

Action on any application, unless otherwise specified, shall be effective upon expiration of the appeal period.

(Ord. 2024-18, § 1(Exh. A), 2024)

An action pursuant to this Chapter may be appealed in accordance with the provisions of this Section.

(a) Appeal Period. Unless otherwise specified, appeals shall be filed within ten (10) days of the date of action, and if filed, shall stay any further action on the permit until finally resolved. If the end of the appeal period falls on a nonbusiness day, the appeal period shall be extended to include the next business day.

(b) Who May Appeal. Appeals may be filed only by one of the following:

(1) The applicant or the applicant's representative;

(2) A person who may be adversely affected by the decision or who has participated in the review process by submitting written or oral testimony on the application or by attending a public hearing on the application; or

(3) A person who was prevented from participating in the review by circumstances beyond his or her control.

(c) Appeal Bodies. Unless otherwise specified by law, decisions made by the Director pursuant to this Chapter may be appealed to the Planning Commission. Planning Commission decisions may be appealed to the City Council.

(d) Contents of Appeal. All appeals shall be filed with the Community Development Department on forms provided by that Department. The appeal shall include, at a minimum, the following:

(1) A written statement specifying the basis of the appeal by citing the specific abuse of discretion by the Review Authority; and

(2) A fee, as specified by resolution of the City Council.

(e) Scope of Appeal. The appeal body shall consider only those items cited in the appeal. In its deliberation, it may use the record and any additional evidence relative to the application and may confirm, reverse, or modify the appealed action based upon its interpretation of the findings required and the evidence submitted.

(Ord. 2024-18, § 1(Exh. A), 2024)

The City Council may call up for review any decision of the Planning Commission or Planning Director made pursuant to this Chapter. The decision to call up for review shall occur prior to the effective date of the action and shall follow the same procedures as an appealed decision.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, approved applications shall lapse and become void eighteen (18) months after the effective date of approval if any of the following occur:

(a) Requirements or Conditions. A standard requirement or condition of approval has not been complied with;

(b) Building-Related Permits. A required building, electrical, plumbing, or mechanical permit that has been secured has lapsed and become void; or

(c) Other Permits. A required permit that has been secured from any other public agency has lapsed and become void.

(Ord. 2024-18, § 1(Exh. A), 2024)

No application may be accepted if a similar application has been finally denied during the immediately preceding one (1) year period. For the purposes of this Section, "similar application" shall mean an application under the same regulation applicable to the same property. This Section shall not apply to applications denied without prejudice, which can be resubmitted within one (1) year upon payment of a fee as set forth by resolution of the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

A permit approved under the provisions of this Chapter may be altered pursuant to Chapter 6 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

A permit approved under the provisions of this Chapter may be revoked pursuant to Chapter 7 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

An application submitted under the Staff Review With Notice Procedure by an applicant may not be accepted for processing unless the applicant has fully paid for the cost of any outstanding payments due to the Community Development Department by the applicant.

(Ord. 2024-18, § 1(Exh. A), 2024)