§ 19.40

This Division provides procedures and requirements for the preparation, filing, and processing of applications for the land use permits required by this Zoning Ordinance.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

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 Zoning Ordinance.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

When a single project incorporates different land uses or features so that this Zoning Ordinance requires multiple land use permit applications, the Director may determine that all of the applications shall be reviewed, and approved or disapproved, by the highest level Review Authority assigned by Table 4-1 to any of the required applications. (For example, a project that requires a Zoning Map amendment and a Use Permit may be reviewed, and approved or disapproved by the Council (after a recommendation from the Commission), where a Use Permit application by itself may be reviewed and acted upon by the Zoning Administrator.)

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 Division 19.54 (Appeals).

(2)

The Director or Zoning Administrator may defer action on permit applications and refer the items to the Planning Commission for the final decision.

(3)

See Section 19.42.030 for description of Minor and Major Design Review.

(4)

The Director may refer the matter to a Design Review Commission for the final decision.

(5)

The Director may refer the matter to a higher review authority for the final decision.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1628, § 2(Exh. A), 11-14-2017)

The preparation and filing of applications for land use permits, amendments (e.g., General Plan, Zoning Map, and Zoning Ordinance), and other matters pertaining to this Zoning Ordinance shall comply with the following requirements:

A.

Preliminary Review.

1.

In conjunction with the Constraints Analysis identified in Subsection B., below, a prospective applicant or agent is strongly encouraged to request a preliminary review with the Department before completion of project design and the formal submittal of a permit application. A preliminary application is reviewed by the Technical Advisory Committee (TAC), which includes staff from the building, planning and engineering divisions, and the police and fire departments and other responsible agencies as determined appropriate.

2.

A request by an applicant for preliminary review shall be accompanied by preliminary project plans and designs and the required filing fee.

3.

The reviewing TAC 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 pre-application 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.

Constraints Analysis. A prospective applicant or agent is strongly encouraged to utilize the City's Constraints Analysis Guidebook before formally applying to the City for the desired land use permit or other approval on sites with high environmental value or significant hazards, as identified by the General Plan, and/or the overlay zoning districts of Division 19.16 of this Zoning Ordinance.

1.

Applicability. The Constraints Analysis Guidebook is a planning tool established by the General Plan to assist applicants in designing and developing a project that minimizes or preferably avoids negative environmental impacts.

2.

Relationship to CEQA Review. Recognizing that project review in compliance with the California Environmental Quality Act (CEQA) is required for all discretionary projects, it is desirable to use the Constraints Analysis Guidebook to improve the overall design of a project at the earliest possible stage of project development.

3.

Review Process.

a.

After filing by the applicant, the Constraints Analysis is reviewed and evaluated by appropriate Department staff and/or representatives of other agencies designated/invited by the Director.

b.

Following the review, the applicant will be provided a written copy of the comments.

c.

The applicant may request that Department staff assist in explaining the Department conclusions and recommendations.

C.

Application Contents, Fee. Applications shall be submitted on the forms provided by the Department, and shall include all information, materials and submittals required by the Department for the specific type of application (e.g., Use Permit, Variance, Master Plan etc.) and the following:

1.

Application Filing Fees. Application filing fees, as defined by Council resolution and a deposit sufficient to cover the estimated cost of processing the application; and

2.

Indemnification Agreement. An agreement in compliance with Section 19.40.050 (Indemnification); and

Cost Recovery Agreement. A cost recovery agreement, as applicable, with form and content acceptable to the City Attorney, wherein the applicant agrees to reimburse the City for all costs incurred in the processing of the application that are in excess of the filing fee and initial deposit; and

4.

Other Information. The application shall include any additional information determined necessary by the Director to conduct a review and analysis in accordance with the California Environmental Quality Act and with the General Plan, and all applicable provisions of this Zoning Ordinance and Municipal Code.

D.

Eligibility, Filing. All land use permit and other applications required by this Zoning Ordinance 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.

3.

Land use actions may also be initiated by the Director or City Council.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Indemnification Agreement.

1.

All applications described in Section 19.40.040 (Application Preparation and Filing) shall include the applicant agreeing, as part of the application, to defend, indemnify, and hold harmless the City and its agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City or its agents, officers, attorneys or employees to attack, set aside, void, or annul:

a.

Any such approval of the City; and/or

b.

An action taken to provide environmental clearance under the California Environmental Quality Act (CEQA) by its advisory agencies, appeal boards, or City Council.

The indemnification agreement shall be in a form acceptable to the City Attorney and shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and

other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City, and/or the parties initiating or bringing such proceeding. The agreement shall also include a provision obligating the applicant to indemnify the City for all of the City's costs, fees, and damages which the City incurs in enforcing the indemnification provisions of this Section.

2.

Also at the time of submitting an application, the applicant shall agree, as part of the application, to defend, indemnify and hold harmless the City, its agents, officers, employees and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, redrafting, revising, or amending any document (such as an EIR, Negative Declaration, Specific Plan, or General Plan Amendment) if made necessary by said proceeding and if the applicant desires to pursue securing such approvals and/or clearances, after initiation of the proceeding, which are conditioned on the approval of these documents.

3.

In the event that a proceeding described in Subdivision A.1. or 2, above, or in Subsection B. below, is brought, the City shall promptly notify the applicant of the existence of the proceeding and the City will cooperate fully in the defense of the proceeding. Nothing in this section shall prohibit the City from participating in the defense of any proceeding.

4.

In the event that the applicant is required to defend the City in connection with any proceeding described in Subsection A above, or in Subsection B below, the City shall retain the right to approve:

a.

The counsel to so defend the City;

b.

All significant decisions concerning the manner in which the defense is conducted; and

c.

Any and all settlements, which approval shall not be unreasonably withheld.

The City shall also have the right not to participate in the defense, except that the City agrees to cooperate with the applicant in the defense of the proceeding. If the City chooses to have counsel of its own defend any proceeding where the applicant has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City. Notwithstanding the immediately preceding sentence, if the City Attorney's office participates in the defense, all City Attorney fees and costs shall be paid by the applicant.

5.

If at the time that this Section becomes effective, an application for any of the approvals or clearances covered by this Section has already been deemed complete, there shall be added as a condition to its approval or clearance the obligation of the applicant to indemnify the City in a form and with language substantially in conformance with Subsections A.1 through A.4 above.

B.

Indemnification Applicable Even if Applicant Fails or Refuses to Enter into Agreement. Even if the applicant for a discretionary approval described in Subsection A. fails or refuses to enter into the agreement specified in Subsections A.1 and A.2, that applicant and any successor in interest and the owner of the subject property if different from the applicant, whether in whole or part, shall, as a condition to any of the approvals specified below:

1.

Defend, indemnify and hold harmless the City and its agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City or its agents, officers, attorneys or employees to attack, set aside, void, or annul the Council's (or Commission's) decision to approve any development or land use permit, license, approval or authorization, including but not limited to approval of, master plans, precise plans, preliminary plans, design review, variances, use permits, general plan amendments, zoning amendments, approvals and certifications under CEQA and/or any mitigation monitoring program, but excluding any subdivision approval governed by California Government Code §66474.9. This indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, the City, and/or the parties initiating or bringing such proceeding.

2.

Defend, indemnify and hold harmless the City, its agents, officers, employees and attorneys for all costs incurred in additional investigation and/or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as a Negative Declaration, EIR, Specific Plan or General Plan Amendment), if made necessary by said proceeding and if applicant desires to pursue securing such approvals, after initiation of such proceeding, which are conditioned on the approval of such documents.

3.

Indemnify the City for all the City's costs, fees, and damages which the City incurs in enforcing the indemnification provisions set forth in this Section.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The Council shall establish by resolution a schedule of fees for full City cost recovery for the processing of land use permits, amendments, and other matters pertaining to this Zoning Ordinance, referred to as the Council's Fee Resolution. The schedule of fees may be changed or modified by resolution of the Council, from time to time.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

All applications filed with the Department in compliance with this Zoning Ordinance 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 19.40.040.C (Application Contents, Fee).

1.

Notification of Applicant. The applicant shall be informed in writing within 30 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 accordance with division 19.54 (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 the Novato environmental review guidelines.

4.

Neighborhood Meeting. In order for an applicant's application to be considered complete, the applicant shall conduct a neighborhood meeting in compliance with Section 19.40.070D below.

B.

Disapproval of Application.

1.

Incomplete Application. If the applicant does not provide the additional information required in compliance with Subsection A.1, above, within 120 days after the date of the letter requesting the additional information, the Director may disapprove the application without prejudice. 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.

2.

Violations on the Site. The Director shall reject and not process an application if conditions exist on the site in violation of this Zoning Ordinance or any permit or other approval granted in compliance with this Zoning Ordinance, other than an application for the approval, entitlement, or permit, if any, needed to correct the violation. The Director's authority under this Subsection shall apply whether:

a.

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

b.

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.

The Director's decision may be appealed in accordance with Division 19.54 (Appeals).

C.

Referral of Application. At the discretion of the Director, or where otherwise required by this Zoning Ordinance, State, or Federal law, any application filed in compliance with this Zoning Ordinance may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

D.

Neighborhood Meeting. A neighborhood meeting shall be held after submittal of an application for a project with neighborhood concerns and before the Director considers the application complete. Meetings are required for all proposed commercial/industrial projects located within 600 feet of residential development. A neighborhood meeting is not required if the Director deems the application does not present issues of sufficient concern to warrant a neighborhood meeting. (Ord. No. 1441§2(A); Ord. No. 1531§1)

1.

The applicant and/or his/her/its representative is required to procure a meeting location (See Administrative Policy for location, criteria), prepare a notice of the meeting, facilitate and attend the neighborhood meeting and at the meeting provide basic information, including the following:

a.

Purpose of the project.

b.

Site analysis, graphically depicting existing conditions and the neighborhood context.

c.

Conceptual dimensioned site plan showing locations of all proposed structures, roads, parking areas, landscaping, and parcel boundaries.

d.

Conceptual building design information and proposed density/building sq. ft.

2.

Notification of all owners of properties located within 600 feet of the project's boundaries shall be conducted by City staff in accordance with Section 19.58.020B.(1), (2) or (3) of the Novato Zoning Code.

3.

Notwithstanding the above, if the project does not present issues of sufficient concern to warrant a neighborhood meeting, an exemption may be allowed by the Director. The Director's decision to grant the exemption shall be put in writing and included in the City's project file.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Staff Evaluation. The Director shall review all applications filed in compliance with this Division to determine whether they comply with the provisions of this Zoning Ordinance, other applicable provisions of the Municipal Code, and the General Plan and any applicable specific plan or Master Plan. Whenever an applicant substantially revises their application submittal, as determined by the Director, the original application shall be deemed withdrawn and the revised application shall be subject to an Initial Application Review pursuant to Section 19.40.070.

B.

Staff Report Preparation.

1.

The Planning Division 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 Zoning Ordinance, other applicable provisions of the Municipal Code, the General Plan, and any applicable specific plan or Master 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 review document (negative declaration, environmental impact report, etc.).

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, or if no hearing is required, prior to action on the application.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

DIVISION 19.42 - PERMIT APPROVAL OR DISAPPROVAL