Chapter 18.79 — DEVELOPMENT PROJECT PRELIMINARY REVIEW PROCEDURES

This chapter establishes procedures for preliminary screening of development projects ("prescreening"). This chapter is intended to achieve, and shall be implemented to accomplish, the following purposes:

(a) To maximize opportunities for meaningful public discussion of development projects, at the earliest feasible time, for the guidance of the public, project proponents and city decision makers. Prescreening is intended to focus on purpose, scope, conceptual design and other similar matters and is not intended to involve review of complete drawings and documentation.

(b) To focus public and environmental review of development projects on the issues of greatest significance to the community, including, but not limited to, planning concerns, neighborhood compatibility, Comprehensive Plan consistency, economics, social costs and benefits, fiscal costs and benefits, technological factors, and legal issues. These procedures are not intended to permit or foreclose debate on the merits of approval or disapproval of any given development project.

(c) To provide members of the public with the opportunity to obtain early information about development projects in which they may have an interest.

(d) To provide project proponents with the opportunity to obtain early, non-binding preliminary comments on development projects to encourage sound and efficient private decisions about how to proceed.

(e) To encourage early communication between elected and appointed public officials and staff with respect to the implementation of city

policies, standards, and regulations on particular development projects.

(f) To facilitate orderly and consistent implementation of the City's Comprehensive Plan and development regulations.

(Ord. 5359 § 1 (part), 2015)

These procedures are supplemental to any other authority under state or local law which permits preliminary screening of development projects, including, but not limited to, the California Environmental Quality Act, Public Resources Code Section 21000, et seq., and the State Planning and Zoning Law, Government Code Section 65000, et seq.

(Ord. 5359 § 1 (part), 2015)

(a) Preliminary screening is required for development projects that include any of the following applications:

(1) Planned Community (PC);

(2) Development Agreement;

(3) Comprehensive Plan Amendment and Specific Plans, including Specific Plan Amendments;

(4) District Map Amendment;

(5) Zoning Text Amendment, except as provided for in section (c) below.

(b) Preliminary screening is initiated by filing an application and payment of applicable fees. Preliminary screening applications shall be scheduled for a study session before the City Council. Notice of the study session and the opportunity for public participation shall be provided in the same manner as may be required by law for action on the underlying development project application. The City Council shall conduct the study session.

(c) Preliminary screening is not required for zoning text amendments under the following circumstances:

(1) The project does not include a request for an application in section (a)(1) through (a)(4) above; and

(2) The Director of Planning and Development Services determines the requested amendment would not have significant policy implications.

Such zoning amendments include, but are not limited to, projects requiring a hotel or automobile combining district.

(d) Preliminary screening may be initiated for any application not included in section (a)(1) through (a)(4) above that results in a major alteration or expansion of an existing use, which implicates major land use or other policy or planning concerns, subject to the following requirements:

(1) Development project preliminary review may be initiated by motion of the City Council, with the concurrence of the project proponent, or

upon request of the city manager and project proponent with the concurrence of the City Council, at any time after the City has received a development project application and before the development project is noticed for public hearing on the merits of the application, if any is required.

(2) Development project preliminary review may also be initiated prior to the filing of an application, upon the request of the project proponent

with the concurrence of the City Council. The project proponent shall pay a preliminary review fee as set forth in the municipal fee schedule. If the project proponent wishes to proceed with the project after preliminary review, he or she must then file an application and pay a regular application fee.

(3) The City Council will conduct the pre-screening as a noticed public study session.

(4) Notice of the study session and the opportunity for public participation shall be provided in the same manner as may be required by law for

action on the underlying development project application.

(e) The City may from time to time establish application forms, submittal requirements, fees, and such other requirements, guidelines and informal regulations as will aid in the efficient implementation of this section.

(f) No formal action may be taken during preliminary review.

(g) Development project preliminary review under this Chapter 18.79 shall not preclude a project proponent from applying for preliminary review before the Architectural Review Board as provided in section 18.76.020(c). Project proponents shall pay the applicable fee for each type of review sought.

(Ord. 5494 § 3, 2020: Ord. 5359 § 1 (part), 2015)

(a) Preliminary review study sessions may be conducted in any manner deemed appropriate by the City Council.

(b) City staff will prepare a summary outline of the proposed project which highlights any information relevant to the purposes identified in Section 18.79.010, including but not limited to any initial study prepared for the project. In addition, the project proponent or any interested person may provide oral or written comments consistent with the purposes of these procedures during a preliminary review study session. Subsequent city staff reports on development projects which have been subject to preliminary review should summarize any comments made during the process.

(c) Preliminary review study sessions shall not be for the purpose of taking evidence with respect to a development project. Neither the City Council, nor any City board, commission, committee, or staff person may rely upon information obtained or comments made during the preliminary review process for any final decision, unless such information or comments are reintroduced during a subsequent noticed public hearing on the merits of the development project.

(Ord. 5359 § 1 (part), 2015)

(a) Compliance with any development project revisions, alterations, or conditions suggested during the preliminary review process shall be

voluntary. Failure to comply with any such revisions, alterations, or conditions shall not affect consideration of the project by the City.

(b) Nothing in these procedures is intended, nor shall any provision be construed, to constitute, permit or result in any binding determination of the rights, interests, or entitlements of the City, project proponent, or any interested person with respect to a development project upon which preliminary review is conducted.

(c) Development project preliminary review shall be without prejudice to the ability of the City, project proponent, or any interested person to proceed with a development project in any manner, notwithstanding any suggested revisions, alterations, or conditions.

(d) When preliminary review has been initiated, a project proponent shall have the right to withdraw a development project application at any time before commencement of a public hearing on the first discretionary permit, license, or entitlement for the project. Such withdrawal shall be without prejudice to the project proponents ability to reapply for the same or a substantially similar development project at a future date, subject to the regulations, standards, and policies in effect upon reapplication. Upon such withdrawal, the City shall refund any application processing deposits to the project proponent which have not yet been expended.

(Ord. 5359 § 1 (part), 2015)