601.02: APPLICATION FORMS AND FEES:

• A. Applicants: The following persons may file applications:

1. The owner of the subject property; and

2. An agent representing the owner, duly authorized to do so in writing by the owner, including a person with a duly executed written contract or exclusive option to purchase the subject property or a lessee in possession of the subject property. B. Application Forms And Supporting Materials:

3. Application Forms: The zoning administrator shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this chapter, as required by the California permit streamlining act.

4. Supporting Materials: The zoning administrator may require the submission of supporting materials as part of the application, including, but not limited to, statements, photographs, plans, drawings, renderings, material samples and other items necessary to describe existing conditions and the proposed project. The zoning administrator may require sufficient information to determine the level of environmental review that shall be required pursuant to the California environmental quality act and the city's adopted environmental review guidelines. Unless otherwise specified, all renderings shall depict the proposed structure, landscaping, other improvements, and surrounding land uses as they would appear one month after project completion.

5. Availability Of Materials: All material submitted becomes the property of the city, may be distributed to the public, and shall be made available for public inspection. Upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the community development department. Unless barred by law, copies of such materials shall be made available at a reasonable cost to be established by city council resolution.

6. Indemnification And Cost Recovery Agreement: Applicants shall submit an executed indemnification agreement which indemnifies and holds the city harmless from any action in connection with the project being reviewed and commits to cost recovery relating to an appeal as well as all court costs relating to legal challenges. Costs associated with implementing mitigation monitoring shall be included in the agreement.

a. Failure or refusal by any or all of the applicant(s) to enter into the indemnification and cost recovery agreement in favor of the city of Porterville, in a form provided by the community development department, planning division, shall result in and be deemed an abandonment of the application and application approval, and all rights accrued to the applicant(s) to proceed under the city's actions in such regard shall be deemed immediately revoked, and the city will be entitled to seek all remedies available to it under law, including, but not limited to, breach of contract and/or enforcement of any code violations.

• C. Payment And Waiver Of Application Fees:

1. Schedule Of Fees: The council shall establish fees for permits, informational materials, copying, and other such items by resolution. Applications for permits shall be accompanied by the required fees. Payment of the fee is required in order for an application to be complete under the permit streamlining act.

2. Fee Waiver: No fee shall be required when the applicant is the city, or if it is waived under any other provision of the municipal code. (Ord. 1801, 12-3-2013)