§ 17.120

This chapter provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits required by this Title. Application of land use and development application procedures within the Garvey Avenue Specific Plan shall be consistent with the Specific Plan goals, objectives, and the purpose and character of each land use district.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

Table 17.120.020.1 (Review Authority), below, identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Code. "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 17.160 (Appeals and Requests for Review). "Recommend" means that the review authority should provide preliminary review and forward input to the decision-making review authority for consideration. Any review authority may defer and refer the request to the next higher review authority level. The review and approval land use permits, where the Community Development Director is indicated as the Review Authority in the table below, is shared by the Planning Division, the Community Development Director, and the Development Review Committee.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.120.030 - Multiple permit applications.

A.

Concurrent Filing. An applicant for a development project that requires the filing of more than one application (e.g., Zoning Map Amendment and a Conditional Use Permit, etc.), shall file all related applications concurrently, with all application fees, unless this concurrent filing requirement is waived by the Community Development Director.

B.

Concurrent Processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or denied by the highest review authority designated by this Zoning Code for any of the applications. For example, a project for which applications for Zoning Map Amendment and a Conditional Use Permit are filed shall have both applications decided by the Council instead of the Commission which would otherwise be the final decision making authority for the Conditional Use Permit as specified in Table 17.120.020.1. In the example cited, the Commission would still hear each application (the Zoning Map Amendment and the Conditional Use Permit) and forward recommendations to the Council.

Table 17.120.020.1: REVIEW AUTHORITY

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.120.040 - Optional pre-application review and meeting.

A.

Optional Pre-Application Process. A prospective applicant is encouraged to file for a pre-application review and meeting before completing and filing a land use permit application. The pre-application process is intended to streamline the overall land use approval process by helping the applicant, staff, and outside agencies identify and resolve critical issues very early in the development process.

Pre-Application Filing. For an application to be accepted, the applicant must provide all of the required information described on the checklist and application form provided by the Planning Division at the time of application submittal. A letter of authorization from the property owner is required if the pre-application is not signed by the owner. Incomplete applications will not be accepted. Only one application may be filed per project.

2.

Pre-Application Fee. A fee, as established by Council resolution, shall be paid upon filing of such application.

3.

Pre-Application Review. Staff conducts an initial review of the proposal, and the applicant is notified of the time and place of the pre-application meeting within thirty (30) days of the application submittal.

4.

Pre-Application Meeting. The purpose of a pre-application meeting is to inform the applicant of City requirements as they apply to the proposed project. During the meeting staff will discuss the City's review process, possible project alternatives or modifications, and identify information and materials the City will require along with the application, including any necessary technical studies and information anticipated for the environmental review of the project.

a.

The applicant or representative must attend the pre-application meeting.

b.

A final comment letter will be sent to the applicant within four business days after the pre-application meeting.

c.

The pre-application review, project comments, information, and/or pertinent policies shall not be construed as either a recommendation of project approval or denial by the City's representative.

d.

Failure of the City's representative to identify all required studies or all applicable requirements at the time of pre-application review shall not constitute a waiver of those studies or requirements.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.120.050 - Land use application preparation and filing.

Each application for a permit, amendment, or other matter pertaining to this Zoning Code shall be made in writing and filed with the Planning Division, using the standard forms provided by the department together with all necessary fees and/or deposits, exhibits, maps, materials, plans, reports, and other information

specified in the application form and any additional information required by the Community Development Director in order to describe clearly and accurately the proposed project, its potential environmental impact, its effect on existing improvements, and to conduct a thorough review of the proposed project. Informational requirements for each application are referred to as the application's "Submittal Standards" or "Checklist" and are available at the Planning Division counter.

A.

Applicants are encouraged to contact the Planning Division Staff before submitting an application to verify which materials and fees are necessary for application filing and/or to arrange for an appointment for submittal.

B.

The applicant shall verify the contents of the application and the date of verification shall be noted on the application.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.120.060 - Application fees.

A.

Application Fees.

1.

The City Council shall establish a schedule of fees for the processing of the applications required by this Zoning Code, hereafter referred to as the Planning Division Application Fee Schedule.

a.

The Planning Division Application Fee Schedule is intended to allow recovery of all costs to the maximum extent by law, incurred by the City in processing permit applications.

b.

The Planning Division Application Fee Schedule may be amended as often as deemed necessary by the City Council.

2.

Timing of Payment.

a.

Applications shall not be deemed complete, and processing shall not commence, on any application until all required fees or deposits have been paid. Payment of required fees and/or deposits shall not deem the application complete.

b.

Failure to timely pay supplemental requests for payment of required fees and/or deposits shall be a basis for denial or revocation of any permit or other requested entitlement, notwithstanding any other provisions of this Zoning Code.

3.

Refunds and Withdrawals.

a.

Application fees cover City costs for public hearings, mailings, staff and consultant time, and the other activities involved in processing applications.

b.

No refund due to denial shall be allowed.

c.

In the case of a withdrawal, the Community Development Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Each application filed with the Planning Division shall be initially processed as follows:

A.

Completeness Review. The Planning Division shall review an application for completeness and accuracy before it is accepted as being complete and officially filed. The Division will consider an application complete when:

1.

All necessary application forms, documentation, exhibits, materials, maps, plans, reports and other information specified in the application form, any applicable Division handout, and any additional information required by the Community Development Director have been provided and accepted as adequate.

2.

All necessary fees and deposits have been paid and accepted.

B.

Notification of Applicant. As required by Government Code Section 65943, the applicant shall receive written notification within thirty (30) days of submittal that the application is complete and has been

accepted for processing, or that the application is incomplete and that additional information, specified in the written notification, must be provided.

C.

Expiration of Application. If an applicant fails to provide the additional information specified in the City's letter within ninety (90) days following the date of the letter, or shorter time frame as determined by the Community Development Director, the application shall expire and be deemed withdrawn without any further action by the City, unless a written request for an extension is submitted by the applicant and approved by the Community Development Director.

D.

Extension of Application. The Community Development Director may grant one 90-day extension upon written request of the applicant. After expiration of the application, and extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of a new project application on the same property.

E.

Referral of Application. At the discretion of the Community Development Director, or where otherwise required by this Zoning Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.

F.

Project Review Procedures.

1.

Investigation of Facts. Following receipt of a completed application, the Community Development Director shall investigate the facts necessary for action consistent with the purpose of this Article.

2.

Inspection of Premises.

a.

Pre-Inspections. The Community Development Director shall have access to the subject premises in order to make an inspection(s) to confirm the statements contained in the application and accompanying graphic materials and to make a judgment as to its suitability.

b.

Post-Inspections. After approval, the Community Development Director shall have access to the subject premises to confirm compliance with this Zoning Code and all conditions of permit approval.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The procedure set forth in Chapter 17.156 (Public Hearings and Administrative Review) and Chapter 17.160 (Appeals and Requests for Review) shall constitute the procedure for public hearings, except as otherwise specifically provided in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Unless a condition of approval or other provision of this Zoning Code establishes a different time limit, any permit or approval not exercised within one year from the actual date of review authority approval shall expire and become void, except where an extension of time is approved in compliance with subsection F. of this Section.

B.

The permit shall not be deemed "exercised" until at least one of the following has first occurred:

1.

A grading permit has been issued and grading has been substantially completed;

2.

A building permit has been issued and construction has commenced, and the building permit remains to be valid by or through the making of satisfactory progress as determined by the Building Official;

3.

A Building Certificate of Occupancy has been issued;

4.

The use is established; or

5.

A time extension has been granted in compliance with subsection F. of this Section.

C.

If a project is to be developed in preapproved phases, each subsequent phase shall be exercised within one year from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and become void, except where an extension of time is approved in compliance with subsection F. of this Section.

D.

If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the tentative map, or the permit shall expire and become void and of no further effect.

E.

Once exercised, any use that has been abandoned for at least one hundred eighty (180) days or changed shall be deemed void.

F.

Extensions of Time. Upon written request by the applicant, the Review Authority who made the decision on the application may extend the time for an approved permit or approval to be exercised.

1.

Filing and Review of Request. The applicant shall file a written request for an extension of time with the Planning Division no less than thirty (30) days or more than ninety (90) days before the expiration date of the permit, together with the filing fee required by the City's fee schedule adopted by resolution.

2.

Action on Extension Request. A permit or approval may be extended for no more than three additional 12month periods beyond the expiration of the original approval; provided, the Review Authority first finds that there have been no changes in the conditions or circumstances of the site or project so that there would have been grounds for denial of the original project.

G.

Effect of Expiration. After the expiration of a permit or approval in compliance with subsection F. of this Section, no further work shall be done on the site and no further use of the site shall occur until a new permit or approval and any required building permit or other City permits or approvals are first obtained.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Development or a new use authorized through a permit granted in compliance with this Zoning Code shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in compliance with this section.

A.

Application. An applicant shall request a proposed change in writing, and shall also furnish appropriate supporting information and materials explaining the reasons for the request.

B.

Minor Changes Approved by the Community Development Director without a Public Hearing.

The Community Development Director may authorize minor changes to an approved discretionary permit, without a public hearing, where the Community Development Director first finds that the changes:

a.

Are consistent with all applicable provisions of this Zoning Code;

b.

Do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project;

c.

Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; and

d.

Do not result in an expansion or change in operational characteristics of the use.

2.

The Community Development Director may choose to refer any requested change to the original review authority for review and final action.

C.

Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria identified in subsection B. of this Section, or any other provision of the Zoning Code, may only be approved by the original review authority for the project through a modification permit application filed and processed in compliance with this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA), to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration or a mitigated negative declaration may be issued, or whether an environmental impact report (EIR) shall be required. When these determinations are required, the preparation of EIRs, shall be in compliance with the City's CEQA Guidelines.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.124 - TEMPORARY USE PERMITS AND SPECIAL EVENTS