Chapter 17.104 — PERMIT APPLICATION FILING AND PROCESSING

• A. This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the land use permit applications and legislative actions required by the City and specified in these Zoning Regulations.

• B. Table 6-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by these Zoning Regulations.

• C. The Architectural Review Commission has the authority to review and make recommendations to either the Director or the Planning Commission, depending upon the type of project application, regarding compliance with applicable design guidelines. Municipal Code Section 2.48.050 (Projects Subject to Architectural Review) establishes the types of projects subject to architectural review

Application shall be made to the Community Development Department in the form prescribed by the Director, including, as may be necessary, site plans, written descriptions of activities to be conducted, technical studies of site characteristics, and any other materials set forth on the application form or otherwise prescribed by City policy.

The Council may, by resolution, establish fees for applications and procedures required by these regulations, to the extent such fees have a reasonable relationship to the costs incurred in processing the applications and providing public notice.

A. Applicant Agreement

1. At the time of submitting an application for a discretionary land use approval, the applicant shall agree as part of the application, to defend (with legal counsel of City’s selection), indemnify, and hold harmless the City and its agents, attorneys, employees, and officers from any action, claim, or proceeding brought against the City or its agents, employees, and officers to annul, attack, set aside, or void a discretionary land use approval of the City.

2. The required indemnification shall include damages awarded against the City, if any, costs of suit, attorney’s 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 attorney’s fees and costs and defends the action in good faith.

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A. Review for Completeness

1. Criteria for Review. 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 related any a dditional written instructions provided to the applicant in any pre-application conference and/or during the initial application review period.

2. Notification of Applicant. As required by Government Code Section 65943, within 30 calendar days of 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. This requirement shall not apply to any legislative actions.

3. Submittal of Additional Information.

  - **a.** When the Director determines that 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. 

  - **b.** The additional specified information shall be submitted in writing or electronically, as required by the Director. 

  - **c.** The Director’s review of any information resubmitted by the applicant shall be accomplished in compliance with Subparagraph A. 1., above, along with another 30-day period of review for completeness for each resubmittal necessary. 

4. Environmental Information. Upon review of an initial application or 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) and the CEQA guidelines.

• B. Referral of Application. At the discretion of the Director, or where otherwise required by these Development Regulations 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.

• C. Multi-unit Residential and Mixed-Use Developments. Where a multi-unit residential development or mixed-use development in which at least two-thirds of the square footage consists of residential use, and where such developments qualify for streamlined processing pursuant to Government Code Section 65400 et seq., the provisions of Government Code Sections 65400 et seq. shall apply.

• D. Wireless Communications Facilities. The provisions of paragraphs A and B above shall not apply to wireless communications facilities. The review for completeness and the processing of such applications shall comply with applicable Federal Communication Commission regulations.

An application will be classified as “inactive” when the applicant has not responded within 180 days to submit items required by staff for further processing as provided in an incomplete letter. The applicant shall have the ability to

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otherwise demonstrate to the satisfaction of the Director that progress is being made toward compliance. The Director shall determine when an application is in an “inactive status” and deemed to be withdrawn.

If building permits are not issued for site development authorized by a discretionary permit within one year of the date of approval or such longer time as may be stipulated as a condition of approval, the permit shall expire with the building permit application. Upon written request received prior to expiration, the Director may grant renewals of an approval for successive periods of not more than one year each, up to a total of three years. Requests beyond three years are subject to review by the Planning Commission. Approvals of such renewals shall be in writing and for a specific period. Renewals may be approved with new or modified conditions upon a finding that the circumstances under which the permit was originally approved have substantially changed. Renewal of a permit shall not require public notice or hearing, unless the renewal is subject to new or modified conditions. In order to approve a renewal, the Director, or Planning Commission as applicable, must make the findings required for initial approval. (Ord. 1553 § 23, 2010: Ord. 1006 § 1 (part), 1984: prior code § 9204.3(E))

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