Murrieta Municipal Code § 16.48.090 Environmental Review

The purpose of this chapter is to provide procedures for filing applications for permits and other discretionary approvals and the process for determining completeness.

(Ord. 182 § 2 (part), 1997)

A prospective applicant or agent is encouraged to request a pre-application conference with the department be-fore formal submittal of a permit application. The purpose of this conference is to inform the applicant of city requirements as they apply to the proposed development project, review the procedures outlined in the development code, explore possible alternatives or modifications, and identify any necessary technical studies relating to future environmental review. Neither pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or disapproval of the application/project by the department representative(s). An appropriate fee(s) shall be charged for the pre-application conference in compliance with the council's fee resolution.

(Ord. 182 § 2 (part), 1997)

Requests for permits, licenses, appeals, amendments, approvals, and other discretionary actions required or allowed by this development code, shall require that a city application form filled out in its entirety be submitted to the department. In addition, other materials, reports, dimensioned plans, or other information required to take an action on the application, as identified in this chapter and application checklist, shall be submitted with the application. The application checklist of required items for each type of application is available as a handout at the department. It is the responsibility of the applicant to ensure that all required information is provided.

(Ord. 182 § 2 (part), 1997)

A. Determination by Director. Applications shall not be processed in compliance with this development code before the determination by the director that the application is complete.

B. Completed Application. A completed application shall consist of:

1. The application form with all applicable information included on, or attached to, the form;

2. Other information or forms required for implementation of the California Environmental Quality Act (CEQA) in compliance with city and state guidelines for the implementation of CEQA;

3. A statement indicating that the applicant is the owner of the property or is the legal representative of the property owner(s);

4. If the application requires a public hearing, a list of the names and addresses of all owners of the property in compliance with Chapter 16.76 (Public Hearings);

5. Payment in full of the required fees and/or deposit for processing the application, in compliance with the council's fee resolution;

6. Other information required by the director; and

7. An application for variance or minor variance shall include evidence to substantiate the basis for approval, in compliance with Section 16.72.040 (Findings and Decision).

(Ord. 182 § 2 (part), 1997)

A. Notification of Applicant. Within thirty (30) days of the filing of the application, the applicant shall be in-formed by a letter in compliance with state law (Government Code Section 65943), 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. When 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. Expiration of Application. If a pending application is not able to be deemed complete (e.g., not accepted as complete by the city) within one hundred eighty (180) days after the first filing with the department, the application shall expire and be deemed withdrawn. The director may grant one one hundred eighty (180) day extension. A new application, including fees, plans, exhibits and other materials which will be required to commence processing of any project on the same property, may then be filed in compliance with this development code.

C. 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 16.78 (Appeals).

D. Time Extension. The applicant and the city may mutually agree to extend the thirty (30) day time limit in order to provide adequate time to properly evaluate the application for completeness, in compliance with state law (Government Code Section 65943 (d)).

E. Additional Information. The department may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 16.48.090 (Environmental Review), below.

(Ord. 182 § 2 (part), 1997)

The council shall, by resolution, establish, and from time to time amend by resolution, a schedule of fees and costs for permits, licenses, appeals, amendments, and approvals required or allowed by this development code to reimburse the city for all costs incurred as the result of its administration of this development code.

(Ord. 182 § 2 (part), 1997)

The filing date of an application is the date a land use entitlement application is accepted as complete for processing.

(Ord. 293 § 1 (part), 2004: Ord. 182 § 2 (part), 1997)

A. Director. Where review authority rests with the director for projects being processed in compliance with this development code, and one or more related cases with review authority vested at the commission or council are being processed concurrently, the review authority for all permits, licenses, and approvals shall rest with the commission or council, respectively, and the director's review shall be in the form of a written recommendation to the commission or council.

B. Commission. Where review authority rests with the commission for projects being processed in compliance with this development code, and one or more related cases with review authority vested at the council are being processed concurrently, the review authority for all permits, licenses, and approvals shall rest with the council, and the commission's review shall be in the form of a written recommendation to the council.

(Ord. 182 § 2 (part), 1997)

Permits, licenses, or approvals shall not be granted in compliance with this development code before the completion and/or certification of applicable environmental documentation in compliance with the California Environmental Quality Act (CEQA) and the city's environmental review guidelines.

(Ord. 182 § 2 (part), 1997)