Chapter 17.600 — Permit Application Filing and Processing

This chapter provides procedures and requirements for the preparation, filing, and initial processing of the land use permit applications required by this Development Code.

(Ord. 24-13, 10/1/2024)

Table 6-1 (Review Authority), identifies the review authority responsible for reviewing and making decisions on each type of application required by this Development Code.

(Ord. 24-13, 10/1/2024)

• A. Concurrent filing. An applicant for a development project that requires the filing of more than one application (e.g., conditional use permit, tentative map, landscape and irrigation plans, etc.), shall file all related applications concurrently, together with all application fees required by Section 17.600.050 (Application Fees), below, unless these requirements are waived by the Director.

B. Concurrent processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or disapproved by the highest review authority designated by this Development 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 being the final decision making authority for the conditional use permit as otherwise required by Table 6-1. In the example cited, the Commission would still hear all of the applications (the Zoning Map amendment and the conditional use permit) and forward recommendations to the Council.

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 17.715 (Appeals).

(2) The final review authority for a conditional use permit granting a density bonus, in compliance with Section 17.310.060 (Application Filing, Processing, and Approval) shall be the Council, with the Commission first making a written recommendation to the Council.

(3) The Director may defer action and refer the request to the Commission for consideration and final decision.

(4) The Commission may defer action and provide a recommendation to the Council for consideration and final decision.

(5) The City Manager may defer action and refer the request to the City Council for consideration and final decision. (Ord. 24-13, 10/1/2024)

• A. Pre-application review.

  1. A prospective applicant is strongly encouraged to request a pre-application review with the Director before completing and filing a land use permit application.

  2. The purpose of this conference is to generally:

     • a. Inform the applicant of City requirements as they apply to the proposed project;

     • b. To provide the prospective applicant with the opportunity to obtain early feedback regarding a proposed development project

     • c. Review the City's review process, possible project alternatives, or modifications; and

     • d. Identify information and materials the City will require with the application, and any necessary technical studies and information relating to the environmental review of the project.

  3. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as either a recommendation for approval or disapproval of the application or project by any City staff. Failure by City staff to identify all required studies or all applicable requirements shall not constitute a waiver of those requirements.

• B. Application contents. Each application for a permit, amendment, or other matter pertaining to this Development Code shall be filed with the Department on a City application form, together with all required fees and/or deposits and all other information and materials specified in the Department handout for the specific type of application and/or as specified by the Director. Applicants are encouraged to contact the Department before submitting an application to verify which materials are necessary for application filing.

• C. Eligibility for filing.

  1. An application may only be filed by the owner of the subject property or a lessee or authorized agent of the property owner with the written consent of the property owner. With the Director's approval, a lessee with the exclusive right to use the property for a specified use may file an application related to that use.

  2. The application shall be signed by the owner of record or may be signed by the lessee or by authorized agent of the property owner if written authorization from the owner of record is filed concurrently with the application.

• (Ord. 24-13, 10/1/2024)

• A. Fee schedule. The Council shall establish a schedule of fees for the processing of the applications required by this Development Code, hereafter referred to as the City's Planning Fee Schedule. [[1]] The fee schedule is intended to allow recovery of all costs incurred by the City in processing permit applications to the maximum extent allowed by law. The City's Planning Fee Schedule may include an application fee, deposit, or any combination thereof.

  • [1] Editor's Note: The Planning Fee Schedule is on file in the City office.

• B. Deposits. If so permitted under the City's Planning Fee Schedule, a deposit may be required in addition to the application fee. Deposits cover City costs for certain staff review, consultant review, and other expenses as a result of the project. The Director has the discretion to increase or reduce the Deposit amount based on the complexity or a project or the anticipate work needed in processing a project application. A project that is completed (i.e., no additional work is required such as condition compliance, inspections, permits, etc.) may receive a refund of the unused deposit amount. The Director has the discretion to retain some, or all, of the deposit if it is reasonable that the City may incur additional costs in the near future (i.e., an inspection is required six months after occupancy).

• C. Timing of payment. Applications shall not be deemed complete, and processing shall not commence, on any application until all required fees or deposits have been paid. Failure to timely pay supplemental requests for payment of required fees and/or deposits shall be a basis for disapproval or revocation of any permit or other requested entitlement, notwithstanding any other provisions of this Development Code.

• D. Refunds and withdrawals. Application fees cover City costs for public hearings, mailings, staff and consultant time, and the other activities involved in processing applications. Therefore, no refund due to disapproval shall be allowed. In the case of a withdrawal, the 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. 24-13, 10/1/2024)

• A. Applicant agreement. At the time of submitting an application for a land use approval, the applicant shall be deemed to have agreed as part of the application, to defend (with legal counsel of City's selection), indemnify, and hold harmless the City and its elected and appointed officials, agents, attorneys, employees and officers, from any action, claim or proceeding brought against the City or its elected and appointed officials, agents, employees and officers to attack, set aside, void, or annul a discretionary land use approval of the City, which action is brought within the applicable statute of limitations. The required indemnification shall include damages awarded against the City, if any, costs of suit, attorneys' fees and other costs and expenses incurred in connection with the action.

• B. City notification of applicant. In the event that an action, claim, or proceeding referred to in Subsection A , above is brought, the City shall promptly notify the applicant of the existence of the action, claim, or proceeding and shall cooperate fully in the defense of the action, claim, or proceeding.

• C. City participation in defense. Nothing in this section shall prohibit the City from participating in the defense of any action, claim, or proceeding if the City elects to bear its own attorneys' fees and costs and defends the action in good faith.

• (Ord. 24-13, 10/1/2024)

• A. Review for completeness. The Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director's determination of completeness shall be based on the City's list of required application contents and any additional written instructions provided to the applicant in any preapplication review [see Section 17.600.040 (Application Preparation and Filing)] and/or during the initial application review period.

  1. Notification of applicant. As required by Government Code Section 65943 , within 30 days following application filing, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the Director's letter, shall be provided.

  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 Director's determination in compliance with Chapter 17.715 (Appeals).

  3. Time for submittal of additional information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by the following Subsection A.4 .

  4. Expiration of application.

     • a. If an applicant fails to provide the additional information specified in the Director's letter within 60 days following the date of the letter, or shorter time frame as determined by the Director, the application shall expire and be deemed withdrawn without any further action by the City, unless an extension is approved by the Director for good cause shown.

     • b. After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.

  5. Environmental information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA), the City's CEQA guidelines, and Section 17.600.090 (Environmental Review), below.

• B. Referral of application. At the discretion of the Director, or where otherwise required by this Development 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.

• (Ord. 24-13, 10/1/2024)

• 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 Development Code, other applicable provisions of the Municipal Code, the General Plan, and any applicable specific plan.

• B. Staff report. The Director shall provide a written recommendation to the Commission and/or Council (as applicable) as to whether the application should be approved, approved subject to conditions, or disapproved.

• C. Report distribution. Each staff report shall be furnished to the applicant at the same time as it is provided to the review authority before action on the application.

• (Ord. 24-13, 10/1/2024)

• A. CEQA review. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine the appropriate environmental review or document.

• B. Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and the City's CEQA guidelines.

• C. Special studies required. One or more special studies, paid for in advance by the applicant, may be required to complete the City's CEQA compliance review. These studies shall become public documents and neither the applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents' availability to the public.

• (Ord. 24-13, 10/1/2024)

• A. General requirements.

  1. New development and modifications to existing development shall be designed to control pollutants in stormwater and urban runoff in order to prevent any deterioration of water quality that would impair subsequent or competing uses of the receiving waters.

  2. The City Engineer shall have the authority to approve the best management practices (BMPs), that when implemented will serve to prevent deterioration, as well as the manner of implementation.

  3. New development and modifications to existing development shall comply with all of the requirements specified in this section.

  4. A WQMP shall be required for any project that meets the thresholds established by the Regional Water Quality Control Board, Riverside County Flood Control, and the City. The City Engineer shall have sole discretion on whether a WQMP is required for a project.

• B. Construction runoff compliance.

  1. All individual grading and building projects with active grading or building permits shall implement measures, including adherence to the Storm Water Pollution Prevention Plan (SWPPP), to ensure that all pollutants from the site will be either eliminated or reduced to the maximum extent practicable, and will not cause or contribute to an exceedance of water quality objectives described in the Santa Ana Regional Water Quality Control Board Basin Plan.

  2. All grading and building activities will be in compliance with the grading, erosion, and sediment control ordinance; the grading manual; other applicable ordinances; federal, state and local permits; and other applicable requirements.

• C. Water Quality Management Plan (WQMP) required. New development and modifications to existing development projects shall comply with all of the requirements of the Regional Water Quality Control Board.

  1. A development project application shall not be found complete, in compliance with Section 17.600.070 (Initial Application Review), until an approved Preliminary WQMP is submitted with the application and accepted as complete by the City Engineer.

  2. Projects not requiring a WQMP shall be required to implement all of the minimum BMPs approved by the City Engineer.

  3. A WQMP shall be required if the City Engineer determines that the development may result in the discharge of significant levels of a pollutant into a tributary to the stormwater drainage system.

• D. Santa Ana River Region Drainage Area Management Plan (DAMP). All new development and modifications to existing development projects shall also be undertaken and implemented in a manner that is consistent with the Santa Ana River Region Drainage Area Management Plan (DAMP), and shall also fulfill any conditions and requirements established by the Department and City Engineer which are related to the reduction or elimination of pollutants in stormwater and urban runoff from the project site.

ons to existing development projects shall also be undertaken and implemented in a manner that is consistent with the Santa Ana River Region Drainage Area Management Plan (DAMP), and shall also fulfill any conditions and requirements established by the Department and City Engineer which are related to the reduction or elimination of pollutants in stormwater and urban runoff from the project site.

• E. Terms, conditions, and requirements. All terms, conditions, and requirements which the Department and City Engineer have initially imposed in compliance with this section for either a new development or modifications to existing development project shall remain in effect upon the transfer of the property. Any owner of the property, or their successors or assigns, shall be in violation of this section, if they fail to implement and/or adhere to the terms, conditions, and requirements imposed in compliance with this section on a new development or modifications to existing development project.

• (Ord. 24-13, 10/1/2024)