Shafter Zoning Code § 2.130 Application Filing

1. Purpose and Intent

These provisions are intended to prescribe the procedure for filing applications for permits, appeals, amendments, and approvals when required or permitted by this Title.

2. Application Forms

Requests for permits, appeals, amendments, approvals, and other actions required or permitted by this Title shall require that a completed application on a form provided by the Planning Department be submitted to the Planning Director in addition to any other materials, reports, dimensions, plans, or other information required to take an action on the application.

3. Determination of Completeness

No application shall be processed pursuant to this Title prior to the determination by the Planning Director that the application is complete. A completed application shall consist of:

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• a. The application form with all applicable information included on, or attached to the form;

• b. The additional information, reports, dimensions drawings and other material specified on the application form;

• c. A description of how the proposed project or requested action is consistent with the goals, objectives, policies, programs, and other provisions of the adopted General Plan;

• d. Any other information or forms required for implementation of the California Environmental Quality Act pursuant to State and City Guidelines.

• e. Payment in full of the required fees for processing the application; and f. Other information as may be required on the application form, as prescribed by the Planning Director.

The Planning Director shall determine in writing the completeness of the application, and shall transmit this determination to the applicant within the time limits and in such form and content and with respect to such types of project applications as established by applicable State law and City regulation.

The statutory time periods for processing any applications pursuant to this Title, which are subject by State law to such time limits, shall commence upon the date the application is accepted as complete, as provided in the State law relative to review and approval of development projects.

4. Additional Information

Notwithstanding procedures established in Paragraph 2 of this Section for determination of completeness, the Planning Director may request the applicant to submit additional information in the course of processing the application if such information could not have been anticipated as part of the original application. Such a request to clarify, amplify, correct, or otherwise supplement submitted information shall not invalidate the original determination that the application was complete at the time the determination was originally made. The Planning Director may request any additional information needed to prepare adequate environmental documentation pursuant to City and State guidelines implementing the California Environmental Quality Act.

5. Fees

The City Council may by resolution or ordinance establish, and from time to time amend, a schedule of fees for permits, appeals, amendments, and approvals required or permitted by this Title to reimburse the City for costs incurred as the result of this administration of the provisions of this Title.

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6. Who May File An Application

Unless otherwise specified in this Title, applications for permits and approvals pursuant to Chapter 2 of this Title may be made only by the affected property owner or the property owner’s authorized agent or representative.

7. Applicant Notification

At the time of filing an application, the Planning Director shall inform the applicant that he or she may make a written request to receive notice from the City of any proposal to adopt or amend the General Plan, a Specific Plan, Zoning Ordinance, or an ordinance affecting building permits that may affect the application being filed. The applicant shall specify, in writing, the proposed action for which notice is requested. Prior to taking any of those actions, the Planning Director shall give notice to any applicant who has requested notice of the type of action proposed and whose development proposal is pending before the City if the Planning Director determines that the proposal is reasonably related to the applicant’s pending development request.

8. Consideration of Concurrent Applications

An application which is dependent on approval of a change of zone or other enabling application(s) shall be processed concurrently with such enabling application(s). The approval authority for such dependent application shall be vested with the body authorized to approve the enabling application(s).

9. Environmental Review

No permit or approval shall be granted pursuant to this Title prior to the completion of applicable environmental review as required by City and State guidelines implementing the California Environmental Quality Act.

• Time Limit for Approving Applications

• a. When required by State law, action shall be taken on projects requiring the preparation and certification of an Environmental Impact Report within one year of the date the application was accepted as completed.

• b. When required by State law, final action shall be taken on projects that are exempt from the provisions of California Environmental Quality Act or that require the adoption of a Negative Declaration within 105 days of the date that the application was accepted as complete.

• c. Extension of the time limit for action on an application, as specified in the above paragraphs, may be granted if mutually agreed upon by the applicant and Planning Director.

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