Portola Municipal Code § 17.85.020 Application submittal

The purpose of this chapter is to address the processing of an application for a permit or variance from the time it is submitted to the planning department, including acceptance as complete, through issuance of the permit or approval of the variance. This chapter also addresses the process for modifying and extending permit approvals.

(Ord. 289 § 2 (Exh. A (part)), 2002)

An application for a permit, variance, or other approvals required by this title shall be submitted to the planning department on an application form provided by the planning department, and shall include the consent of the lawful owner of record, fees as established by the city council, plans, maps, and any information required by the department.

Approvals granted for an application which was submitted containing false or inaccurate information which the applicant knew or should have known, was false or inaccurate, shall be declared null and void and subject to immediate revocation.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A permit application may be filed by:

A. The lawful owner of record of the parcel, or their duly authorized agents.

B. A person with lawful power of attorney or other acceptable authority from the lawful owner of record. Evidence of authorization shall be submitted upon request of the department.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Every application for a permit shall include the following information:

A. A description including maps, plans, and other relevant data, of the proposed development, project site and vicinity sufficient to determine whether the project complies with the requirements of these regulations, including sufficient information concerning the existing use of land and water areas in the vicinity of the site of the proposed project insofar as the applicant can reasonably ascertain for the vicinity surrounding the project site.

B. A description of the applicant's interest in the property upon which work is to be performed.

C. A dated signature by the property owner, or owners, authorizing the processing of the application, and, if so desired by the property owner, authorizing a representative to bind the property owner to matters concerning the application.

D. Such other or additional information that the director may deem necessary in his or her discretion to determine whether the development as applied for, is consistent with the city's general plan and these regulations.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The department shall review all applications for compliance with the submittal requirements. In order to be accepted for processing, an application shall include the required application, filing fees, and plans as defined in Chapter 17.85. Applications submitted without the required information are not required to be accepted for processing.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Upon receipt of an application, the department shall refer copies of the application to any city department, local, state or federal agency or other individual or group that the department believes may have relevant authority or expertise on the proposed project.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Within thirty days of the application submittal, a determination shall be made whether or not the application is complete. Upon completion of the referral period, the applicant will be notified (in writing, by telephone, or in person) that all the submittal requirements have been satisfied and that the application has been accepted as complete. If any information is necessary to complete the application, the applicant will be notified in writing. The letter shall also address areas in which the submitted plans are not in compliance with city standards and requirements. The applicant may appeal the determination pursuant to Chapter 17.91 that additional information is necessary to the approving authority for the permit requested. If additional information is required and the application is not made complete within six months of application submittal, then the application shall be deemed withdrawn and no action will be taken on the application.

Permits which require approval of an amendment to this title, the general plan or a specific plan shall be processed concurrent with the legislative action, but the application for such permits shall not be deemed to be complete unless and until the legislative action becomes effective.

Upon acceptance of the application as complete, the planning department shall conduct an initial study pursuant to CEQA to evaluate the environmental impacts associated with the proposed project. The planning department shall then prepare and circulate for public distribution the appropriate environmental document, if applicable.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Public notice shall be given in accordance with Chapter 17.88. A written report and recommendations for action shall be prepared by the planning department, and shall be mailed or delivered to the approving authority, the property owner and the applicant not less than three days prior to the public hearing or action on the application.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The approving authority, as required by Section 17.88.020, shall approve, conditionally approve, or deny the proposed permit or variance in accordance with the requirements of this title. In acting on a permit or variance, the approving authority shall make the applicable findings set forth in Chapter 17.88. An action of the approving authority may be appealed in accordance with the appeal procedures set forth in Chapter 17.91.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Within five working days of the action by the approving authority, a notice of action shall be mailed to the applicant at the address appearing on the application or to such other address designated in writing by the applicant. The notice shall contain the following information:

A. The action taken by the approving authority;

B. Any conditions of approval;

C. The permit expiration date and extension or renewal requirements;

D. Notice of the time for appeal;

E. Notice of the legal requirement to pursue administrative remedies.

(Ord. 289 § 2 (Exh. A (part)), 2002)

An action which approves or denies a permit or variance, or which modifies or revokes a permit or variance or denies an application for modification or revocation of a permit or variance, which is subject to appeal shall be effective upon the expiration of the twenty calendar day or ten calendar day for administratively processed permits, appeal period. No action shall be final until all appeal periods have expired, or until the final action on appeal has been rendered pursuant to this title.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The approval of a permit or variance authorizes the applicant to proceed with the proposed project upon the effective date of the permit, subject to all conditions or restrictions imposed by the approving authority; provided, however, that all other permits, licenses, certificates and other grants of approval to which the proposed development project is subject must be secured before the development or use may be commenced.

No person shall obtain any right or privilege to use property for any purpose or in any manner described in an application for a permit or variance, or a modification thereof, unless and until the decision granting the permit or variance or modification becomes effective.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A permit shall expire and become null and void if not effectuated within the time specified in the permit, as otherwise specified in this title or within twenty-four months after the effective date whichever period is longer. The original approval date of a permit shall be defined as the date in which the approving authority took action.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The effectuation of a permit involving a building(s) or structure(s) occurs when a building permit is issued by the city building department. The effectuation of a permit for a land use occurs when the use is initiated in compliance with the approved conditions. Effectuation may be otherwise defined by a condition of the permit. Such condition may specify that other substantial efforts or expenditures constitute effectuation of the permit.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Following the effectuation of the permit, the completion of the project shall be diligently pursued. If, in the judgment of the director, the project is not being diligently pursued to completion, the director may require the applicant to submit a schedule for completion of construction. If in the opinion of the director, the schedule for completion of construction does not demonstrate compliance with the conditions of approval, the director may initiate revocation or modification proceedings as specified in Chapter 17.100.

(Ord. 289 § 2 (Exh. A (part)), 2002)

For projects that involve construction in phases, the time periods for the phases may be stated in the conditions of the permit so as to avoid a lapse of progressive development following the completion of the preceding phase.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Any person holding a permit granted under this title may request a modification to that permit. For the purpose of this section, the modification of a permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit. Requests of modification shall be processed as follows:

A. Substantial Conformity. If the proposed modifications are in substantial conformity with the approved permit, the director may determine that no formal action is required and shall approve the modifications which shall be incorporated into the permit.

B. The Approving Authority for Modifications shall be the director. Following a public notice, the director may waive the requirement for a public hearing. If a public hearing is requested, the director shall schedule and notice the permit for public hearing by the planning commission as specified by this title. A public hearing may be required for any modification at the discretion of the director.

(Ord. 289 § 2 (Exh. A (part)), 2002)

If there are any new or different facts, circumstances, or law which could not have been presented at the hearing on the application and which may affect the action taken, the approving authority may reconsider such action, if a request for reconsideration, along with the fee established by the city council, is filed with the planning department within fifteen days following the date of the action. The requested reconsideration shall be subject to a public hearing and notice of such hearing shall be given as specified in Chapter 17.88. The failure of the applicant to present information which was available at or prior to the original action is not grounds for reconsideration.

(Ord. 289 § 2 (Exh. A (part)), 2002)

No application shall be accepted or acted upon, if within the preceding twelve months, an application has been made and denied by an approving authority which involves substantially the same parcel and which requests approval of substantially the same permits, unless the director permits such reapplication because either of the following applies:

A. New evidence has become available which was unavailable or unknown to the applicant at the time of the previous action and which could not have been discovered in the exercise of reasonable diligence by the applicant; or

B. There has been a substantial and permanent change of relevant circumstances since the previous decision, which materially affects the parcel involved in the application.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The period within which effectuation of a permit must occur may be extended upon approval of the director. An application for such an extension shall be filed pursuant to Chapter 17.85.

The director may grant a single one year extension for a permit which has been approved but has not been effectuated. The approval of an extension extends the expiration date for one year from the original permit date. No additional extensions shall be granted for a permit which has been active for a period of three years, unless otherwise provided for in the conditions of approval or by this title. The permit as extended, may be conditioned to comply with any development standards which may have been enacted since the permit was initially approved. The extension shall be granted if the findings specified in Section 17.88.060.C are made. Any extension may require a public hearing at the discretion of the director.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Unless otherwise conditioned, a permit or variance granted pursuant to the provisions of this chapter shall be transferable upon a change of ownership of the site, business, service, use or structure, provided that the use and conditions of the original permit or variance are fully complied with and not modified or enlarged.

(Ord. 289 § 2 (Exh. A (part)), 2002)