Chapter 9.10 — Application Processing Procedures

• 9.10.020 Authority for Land Use and Zoning Decisions

• 9.10.030 Multiple Permit Application

• 9.10.050 Application Fees

• 9.10.060 Application Indemnification

• 9.10.070 Environmental Assessment [new]

The purpose of this Chapter is to establish review and approval procedures for ministerial and discretionary permits provided for by this Zoning Code. Application contents and development standards and conditions for the approval of permits are contained in the appropriate chapters of this Zoning Code. [18.102.010]

Table 09.10.020 (Review Authority), below, identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Code.

Tehachapi Zoning Code | October 2014 Adopted |

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Chapter 9.10 Application Processing Procedures

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Table 9.10.020. Review Authority Role of Review Authority
Type of Action Code Chapter/Section Director Commission Council
Administrative and Legislative Actions
Zoning Code Amendments 10.10 Recommend Decision
General Plan Amendments 10.10 Recommend Decision
Interpretations 10.20.020 Decision Appeal Appeal
Specific Plans and Amendments 10.10 Recommend Decision
Regulating Plan Amendments 10.10 Recommend Decision
Planning Permits and Approvals
Certificates of Appropriateness 9.20 See Section 9.20.030 (Review Authority)
Conditional Use Permit 9.30 Decision Appeal Appeal
Home Occupation Permit 9.40 Decision Appeal Appeal
Minor Use Permit 9.30 Recommend Decision Appeal
Reasonable Accommodations 9.50 Decision Appeal Appeal
Architectural Design and Site Plan Review 9.60 Recommend Decision Appeal
Temporary Use Permit 9.70 Decision Appeal Appeal
Variances 9.80 Recommend Decision Appeal
Planned Development 3.30.160 Recommend Decision
Mural Permit 9.110 Recommend Decision Appeal
Outdoor Seating/Dining Permit 9.120 Recommend Decision Appeal
Minor Residential Building Setback Reductions 4.20.040 Decision Appeal Appeal
Minor Residential Building Setback Reductions 4.20.040 Decision Appeal Appeal
Neighborhood Master Plan 2.10 Recommend Decision Appeal
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A. Concurrent Filing

An applicant for a development project that requires the filing of more than one application (e.g., Regulatory Plan amendment and a Conditional Use Permit, etc.), shall file all related applications concurrently, together with all application fees required by Section 9.10.050 (Application Fees), below, unless the concurrent filing 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 denied by the highest review authority designated by this Zoning Code for any of the applications (i.e., a project for which applications for Regulatory Plan amendment and a Conditional Use Permit are filed shall have both applications decided by the Council, instead of the Commission acting upon the Conditional Use Permit as otherwise required by Table 09.10.030).

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Chapter 9.10 Application Processing Procedures

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Table 9.10.030. Permits and Approvals
Code Chapter
Name of Permit / Applicability of Permit
Section
Permits Required by this Zoning Code
A Conditional Use Permit is required to authorize proposed land uses specified
Conditional Use Permits 9.30 by Article 3 (Specific to Zones) as being allowable in the applicable zone
subject to the approval of a Conditional Use Permit.
A Certificate of Appropriateness is intended to protect structures,
improvements, natural features, and objects, of historic significance
Certificates of Appropriateness 9.20 including,but not limited to areas of architectural, cultural, economic, historic,
political, and social importance from any alteration, demolition, or removal
which would have an adverse effect thereon.
A Home Occupation Permit is required to allow for home occupations that
are conducted within a dwelling located in a residential zone, and are clearly
Home Occupation Permits 9.40 incidental and secondary to the use of the dwelling for residential purposes
and compatible with surrounding residential uses, as specified by Article 6
(Specific to Uses).
Sign Plan Approval 7.10/7.20 A Sign Plan Approval is required to allow the installation or remodeling of a sign except as specified in Article 7 (Signs)..
Architectural Design and Site Plan Review is required before construction of
Architectural Design and Site Plan Review 9.60 any structure erected in the Zones within Article 3 (Specific to Zones), except for the specified in Subsection 9.60.020.B (Exceptions).
A Temporary Use Permit is required to allow short term activities that might
Temporary Use Permits 9.70 not meet the normal development or use standards of the applicable zone,
but may otherwise be acceptable because of their temporary nature.
Neighborhood Master Plan 2.10 A Neighborhood Master Plan is required prior to the subdividing of any land over 10 acres within the Transect Zones.
Additional Permits and Approvals Available to the Applicant
Reasonable Accommodations provides a procedure to request a necessary
adjustment to the development standards specified in this Zoning Code
in order to accommodate persons with disabilities seeking equal access to
housing under the California Fair Employment and Housing Act, the Federal
Reasonable Accommodations 9.50 Fair Housing Act, and the Americans with Disabilities Act (ADA) (also known
as the Acts) in the application of zoning laws and other land use regulations,
policies, and procedures. A Reasonable Accommodation is typically an
adjustment to physical design standards (e.g., setbacks) to accommodate the
placement of wheelchair ramps or other exterior modifications to a dwelling in
response to the needs of a disabled resident.
Variances 9.80 A Variance may be requested to allow an adjustment from any of the
development standards required by this Zoning Code.
Mural Permit 9.110 An Mural Permit is required to allow the painting or installation of a mural.
Outdoor Seating Permit 9.120 An Outdoor Seating Permit is required to allow outdoor restaurant seating that will encroach on City right-of-way or property.
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sted to allow an adjustment from any of the
development standards required by this Zoning Code.
Mural Permit 9.110 An Mural Permit is required to allow the painting or installation of a mural.
Outdoor Seating Permit 9.120 An Outdoor Seating Permit is required to allow outdoor restaurant seating that will encroach on City right-of-way or property.
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Tehachapi Zoning Code | October 2014 Adopted | 9-9

Chapter 9.10 Application Processing Procedures

A. Land Development Committee Meeting [new]

1. A prospective applicant is encouraged to request a Land Development Committee (LDC) meeting with the LDC before completing and filing a land use permit application.

2. The purpose of this meeting 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 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 denial of the application or project by any City staff.

4. Failure by City staff to identify all required studies or all applicable requirements shall not constitute a waiver of those studies or requirements.

B. Application Contents

Each application for a permit, amendment, or other matter pertaining to this Zoning 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. [18.102.050]

C. Eligibility for Filing [new]

1. The application shall be signed by the owner of record or by an authorized agent.

2. Authorized agents shall provide written authorization signed by property owner.

D. Without Scope [new]

1. In cases where the Director considers the reasons and conditions specified in the application not within the scope of the requested permit or approval, or that the application is incomplete, the applicant shall be so informed.

2. If the application is filed and the required fees are accepted, the application shall be signed by the applicant and the owner of record if not the owner, to the effect that the applicant was so informed.

3. Acceptance of the application does not constitute an indication of support or approval.

D. Report by Expert Consultants [new]

The City may require of the applicant additional evidence and clarification as may be necessary to establish that the proposed use will conform to the applicable regulations and standards specified in the Zoning Code.

E. Burden of Proof [new]

The burden of proof to establish the evidence in support of the required finding(s) for any permit or approval in compliance with this Zoning Code is the responsibility of the applicant.

9-10 | Adopted October 2014 | Tehachapi Zoning Code

Chapter 9.10 Application Processing Procedures

A. Fees

1. The Council shall establish fees for the processing of the applications required by this Zoning Code, provided the fees do not exceed the estimated actual cost of processing such applications.

2. The fees shall be established by minute order, ordinance or resolution of the Council and may be evaluated and/or amended as often as determined to be necessary by the Council. [18.06.030]

3. Projects subject to time and materials charges.

• a) Projects which do not fit any category in the application fees or which are otherwise extraordinary may be charged on a time and materials basis at the Director’s sole discretion.

• b) Staff time required on a project, post entitlement, and not part of another formal application (e.g., Final Map, Architectural Design and Site Plan Review , etc.) will be recovered on a time and materials basis at the Director’s sole discretion.

• c) The fees specified reflect standard processing time. Projects requiring excessive review time will be recovered on a time and materials basis.

B. Timing of Payment [new]

1. Applications shall not be deemed complete, and processing shall not commence, on any application until all required fees or deposits have been paid.

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

C. Refunds and Withdrawals [new]

1. No refund due to denial shall be allowed.

2. 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.

A. Application 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, challenge, or proceeding brought against the City or its agents, employees, and officers to challenge any procedure or aspect of a land use approval issued by 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 the applicant shall cooperate fully in the defense of the action, claim, or proceeding, if the City chooses to defend the action.

C. City Participation in Defense

Nothing is this Section shall require the City to participate or prohibit the City from participation in the defense of any action, claim, or proceeding.

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Chapter 9.10 Application Processing Procedures

A. CEQA Review

After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) and the City’s CEQA guidelines in order to determine whether:

1. The proposed project is exempt from the requirements of CEQA;

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. Compliance with NEPA. Where applicable, projects shall also comply with the requirements of the National Environmental Policy Act.

2. The proposed project is not a project as defined by CEQA;

D. Special studies required

Special study(ies) may be conducted by the City and consultant selection may be done at City’s sole discretion.

3. A Negative Declaration may be issued;

4. A Mitigated Negative Declaration may be issued;

5. An Environmental Impact Report (EIR) shall be required; or

6. An addendum and/or supplemental information and materials are required in compliance with the (CEQA).

9-12 | Adopted October 2014 | Tehachapi Zoning Code