Chapter I — Permit Application Filing and Processing

Contents:

D6-13 - Purpose D6-14 - Authority for Land Use and Zoning Decisions D6-15 - Multiple Permit Applications D6-16 - Application Preparation and Filing D6-17 - Application Fees D6-18 - Initial Application Review D6-19 - Environmental Assessment D6-20 - Project Evaluation and Staff Reports

D6-13 - Purpose

This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the permit applications required by this Zoning Ordinance.

D6-14 - Authority for Land Use and Zoning Decisions

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

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D6-15 - Multiple Permit Applications

• A. Concurrent filing. When a single project incorporates different land uses or features so that this Zoning Ordinance requires multiple land use permit applications, the Zoning Administrator may determine that all of the applications shall be filed concurrently, and reviewed, and approved or disapproved, by the highest level review authority assigned by Table 6-1 to any of the required applications. (For example, a project that requires a Zoning Map amendment and a Use Permit may be reviewed, and approved or disapproved by the Council (after a recommendation from the Commission), where a Use Permit application by itself may be reviewed and acted upon by the Zoning Administrator.)

• B. Master application. The Zoning Administrator may authorize use of a single application form and submittal materials for multiple land use applications required by this Zoning Ordinance.

D6-16 - Application Preparation and Filing

• A. Pre-application conference. A prospective applicant is strongly encouraged to request a preapplication conference with the Planning Division before completing and filing a planning permit application.

  1. The purpose of this conference is to generally:

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

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

     • c. Identify the 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.

  2. Neither the pre-application review nor the provision of information and pertinent policies shall be construed as either a recommendation for approval or disapproval of the application or project by any City staff.

  3. A failure by City staff to identify all required studies or all applicable requirements shall not constitute a waiver of the requirements.

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

• C. Eligibility for filing. All land use permit and other applications required by this Zoning Ordinance shall be filed with the Department. Applications may be made by:

  1. The owner of the subject property; or

  2. Any authorized agent or representative, with the written consent of the property owner.

• D. Zoning Administrator’s determination. If the Zoning Administrator determines that the application does not support a prima facie right to the granting of the application (e.g., a request for a Zoning Map amendment or Tentative Map that could not be granted in absence of a required General Plan amendment application, or a request for an Use Permit allowing a use that is not allowable in the subject zone, etc.), the City shall not accept the application.

D6-17 - Application Fees

• A. Fee schedule. The Council shall establish a schedule of fees for the processing of the applications required by this Zoning Ordinance, hereafter referred to as the City's Fee Schedule.

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• B. Multiple applications. The City's processing fees are cumulative. For example, if a proposed project requires the approval of both a Use Permit and a Variance, both fees will be charged. Large or complex projects may be subject to an hourly rate in addition to the basic application fees, at the discretion of the Zoning Administrator.

• C. Timing of payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees/deposits have been paid.

• D. Refunds and withdrawals.

  1. The required application fees cover City costs for public hearings, mailings, staff time, and the other activities involved in processing applications.

  2. No refund due to a disapproval shall be allowed.

  3. In the case of a withdrawal, the Zoning Administrator 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.

D6-18 - Initial Application Review

• A. Review for completeness. The Department shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Department’s determination of completeness shall be based on the City's list of required application contents (see Section D6-16.B - Application contents, above) and any additional instructions provided the applicant in any pre-application conference.

  1. Notification of applicant. As required by State law (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 Department letter, shall be provided.

  2. Appeal of determination. Where the Department has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Department is not required, the applicant may appeal the Department’s determination in compliance with Chapter D7-IIh (Appeals and Calls for Review).

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 following Subsection A.4.

   4. Expiration of application.

      • a. If an applicant fails to provide the additional information specified in the Department letter within 30 days following the date of the letter regarding the incomplete application, the application shall expire and be deemed withdrawn, without any further action by the City.

      • b. The Department may grant one or more 30-day extensions if the Department determines that circumstances unique to the project justify each extension.

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

   5. Environmental information. After an application has been accepted as complete, the Department may require the applicant to submit additional information needed for the

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environmental review of the project in compliance with Section D6-19 (Environmental Assessment), below.

6. Violation on the site.

   • a. The Department shall not find an application complete, and shall not process or approve the application, if conditions exist on the site in violation of this Zoning Ordinance or any permit or other approval granted in compliance with this Zoning Ordinance, except for an application for a permit, if any, needed to correct the violation.

   • b. The Department authority under this Subsection shall apply whether:

     1. The current applicant was the owner of the subject property at the time the violation occurred; or

     2. The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.

   • c. The Department's decision may be appealed in compliance with Chapter D7-II (Appeals and Calls for Review).

• B. Filing date. The filing date of an application shall be the date on which the Department receives the last submission, map, plan, or other material required as a part of that application by Section D6-16.B. (Application contents), above, and deemed complete by the Department in compliance with this Section.

• C. Revised materials.

  1. Whenever an applicant desires/needs to file revised materials, the materials shall be submitted at least 15 days before the scheduled public hearing on the application.

  2. The Department may choose to accept revised materials after that time, upon determining that there is sufficient time to review them before the scheduled hearing date.

  3. The review authority may continue an application until the next available meeting date in order to adequately evaluate materials received after the date of receipt of the application package.

• D. Referral of application. At the discretion of the Department, or where otherwise required by this Zoning Ordinance 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.

D6-19 - Environmental Assessment

After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) and the City’s Environmental Guidelines.

D6-20 - Project Evaluation and Staff Reports

• A. Staff evaluation. The Department shall review all discretionary applications filed in compliance with this Division to determine whether they comply and are consistent with the provisions of this Zoning Ordinance, other applicable provisions of the Municipal Code, the General Plan, and any applicable specific plan.

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

• C. Report distribution. Each staff report shall be furnished to the applicant, after being provided to the review authority, before the scheduled hearing on the application.

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