Pismo Beach Municipal Code Ch. 17.40 Applications--Filing and Processing

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

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 Code.

When a single project incorporates different land uses or features so that this Zoning Code requires multiple land use permit applications, all the applications shall be reviewed, and approved or denied, 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 shall be reviewed, and approved or denied by the council, where a use permit application by itself would be reviewed and acted upon by the commission.)

The preparation and filing of applications for land use permits, amendments (e.g., general plan, zoning map and Zoning Code) and other matters pertaining to this Zoning Code shall comply with the following requirements.

A. Pre-Application Review. A prospective applicant or agent is encouraged to request a pre-application review prior to completion of project design and the formal submittal of a permit application. A request by an applicant for pre-application review, accompanied by preliminary project plans and designs and the required filing fee, will be reviewed by all affected city departments. The reviewing departments will inform the applicant of city 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.

B. Application Contents. Applications shall include the forms provided by the department, and all information and materials required by the application content requirements list for the specific type of application (i.e., conditional use permit, variance, or others).

C. Eligibility, Filing. Applications may be made by the owner of the subject property, or by a lessee or any other person, with the consent of the property owner. Applications shall be filed with the department.

D. Posting of Notice. At the same time that a land use permit application is filed with the department, the applicant shall post the site with a notice in compliance with California Code of Regulations Section 13328.4, using the form provided by the department.

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 Chapter 17.54 (Appeals).

(2) The director may refer any matter subject to his/her decision to the commission, so that the commission may instead make the decision.

(3) Minor and temporary use permit procedures include public notice requirements, and are approved by the director, except art shows are approved by the planning commission.

(4) The commission shall decide sign permit applications on sites with more than three signs, or where an applicant requests an exception to sign standards in compliance with Section 17.36.050 (Sign Permits Required).

The council shall establish by resolution a schedule of fees for permits, amendments, and other matters pertaining to this Zoning Code. The schedule of fees may be changed or modified only by resolution of the council. The city's processing fees are cumulative. Processing shall not commence on any application until all required fees have been paid.

All applications filed with the director in compliance with this Zoning Code 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.

1. Notification of Applicant. The applicant shall be informed, as required by the Government Code, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information shall be provided. All additional information needed shall be specified 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 compliance with Chapter 17.54 (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 Section 17.40.070.

4. Expiration of Application. If the applicant does not provide sufficient information to complete an application within six months after the first filing with the director, the application shall be deemed withdrawn. A new application, including fees, plans, exhibits and other materials that are required to commence processing of any development project on the same property, must then be filed in compliance with this Article before processing will begin.

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

After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA), and city CEQA Guidelines to determine whether the proposed project is exempt from the requirements of CEQA, whether it is a project which requires review under CEQA and if so, whether a negative declaration may be issued, or an environmental impact report (EIR) must be required. These determinations and, where required, the preparation of EIRs shall be in compliance with the city's CEQA Guidelines.

A. Staff Evaluation. The director shall review all applications filed in compliance with this chapter to determine whether they comply and are consistent with the provisions of this Zoning Code, other applicable provisions of the Municipal Code, and the general plan, and shall provide a recommendation to the commission and/or council (as applicable) on whether the application should be approved, approved subject to conditions, or disapproved.

B. Staff Report Preparation. A staff report shall be prepared by the director that describes their conclusions about the proposed land use and any development as to its compliance and consistency with the provisions of this Zoning Code, other applicable provisions of the Municipal Code, applicable specific plans, and the general plan. The staff report shall include recommendations on the approval, approval with conditions, or disapproval of the application, based on the evaluation and consideration of information provided by an initial study or environmental impact report.

C. Report Distribution. Staff reports shall be furnished to applicants at the same time as they are provided to members of the commission and/or council prior to a hearing on the application.