Chapter 18.70 — Applications, Processing and Fees

18.70.010 - Purpose of Article¶

This Article provides procedures and requirements for the preparation, filing and processing of applications for land use permits and other entitlements required by this Development Code.

18.70.020 - Authority for Land Use and Zoning Decisions¶

Table 4-1 (Review Authority) identifies the Town official or body responsible for reviewing and making decisions on each type of application, land use permit and other entitlements required by this Development Code.

18.70.030 - Concurrent Permit Processing¶

When a single project incorporates different land uses or features so that this Development Code requires multiple land use permit applications, an applicant submits multiple land use permit applications for a project or on the same site, and/or the project involves a land use permit application and a Tentative Map, all the applications shall be reviewed and approved or denied, concurrently by the highest level review authority assigned by Table 4-1 to any of the required applications. (For example, a project that requires a Zoning Map amendment and a Use Permit shall be reviewed and approved or denied by the Council, where a Use Permit application by itself would normally be reviewed and acted upon by the Commission.)

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18.70

TABLE 4-1 REVIEW AUTHORITY

Type of Decision	Role of Review Authority (1)	Role of Review Authority (1)	Role of Review Authority (1)	Role of Review Authority (1)
	Director(2)	Zoning Administrator(2)	Planning Commission	Town Council
DevelopmentCode Administration
Development Agreement			Recommend	Decision
DevelopmentCodeamendment			Recommend	Decision
General Planamendment			Recommend	Decision
Interpretations	Decision		Appeal	Appeal
Master Plan			Recommend	Decision
Specific Plan			Recommend	Decision
ZoningMapamendment			Recommend	Decision
Land Use and Development Permits
Certificate of Appropriateness	Decision		Appeal	Appeal
Certificate of Economic Hardship			Decision	Appeal
Demolition Review (3)			Decision	Appeal
DevelopmentPermit			Decision	Appeal
Historic Variance		Decision		Appeal
MinorUsePermit		Decision		Appeal
PlannedDevelopment			Decision	Appeal
Reasonable Accommodation (4)	Decision		Appeal	Appeal
Sign Permit	Decision		Appeal	Appeal
Streamlined Residential Review	Decision		Appeal	Appeal
Temporary UsePermit	Decision		Appeal	Appeal
UsePermit			Decision	Appeal
Vacation (5)				Decision
Variance		Decision		Appeal
Wireless Communications Facility, Minor	Decision		Appeal	Appeal
Wireless Communications Facility,Major		Decision		Appeal
Zoning Clearance	Decision		Appeal	Appeal

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TABLE 4-1 REVIEW AUTHORITY

Type of Decision
		Role of Review Authority (1)
	Director(2)	Zoning Administrator(2)	Planning Commission	Town Council
Subdivision Applications		Decision		Appeal
Certificate ofCompliance
Final Map	Decision(6)
Lot LineAdjustment(2-4parcels)	Decision		Appeal	Appeal
Parcel Map	Decision(6)			Appeal
Reversions,2-4parcels		Decision		Appeal
Reversions, 5+parcels			Decision	Appeal
TentativeMap,2-4parcels		Decision		Appeal
TentativeMap, 5+parcels			Decision	Appeal
Urban Lot Split/Two-Unit Project	Decision		Appeal	Appeal
VoluntaryParcel Merger	Decision		Appeal	Appeal

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 of an earlier decision, in compliance with Chapter 18.140 (Appeals).
(2) The Director and the Zoning Administrator may refer any matter subject to their decisions, without making a decision, to the Commission so that the Commission may instead make the decision.
(3) The Director may authorize the removal or demolition of a historic resource that poses an immediate danger in accordance with Section 18.83.020.C.
(4) The procedures for the review and approval or denial of a reasonable accommodation are set forth in chapter 18.218 (Reasonable Accommodation).
(5) The review authority for the release of covenant of easement shall be the review body that imposed the requirement of the covenant. The review authority for vacations considered through a tentative map application shall be the review authority of the subdivision application.
(6) The review authority for parcel map and final map is the Town Engineer.

18.70.040 - Application Preparation and Filing¶

A. Application contents. The preparation and filing of applications for land use permits, amendments (e.g., General Plan, Zoning Map, or Development Code) and any other matters pertaining to this Development Code shall comply with the following requirements:
1. Applications shall include the forms provided by the Department and all information and materials required by the Application Content Requirements list provided by the Department for the specific type of application;
2. Applications shall be filed with the Department; and

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It is the applicant's responsibility to provide evidence in support of the findings required for the approval of the application by this Article.

B. Eligibility for filing. Applications may be made by the owner of the subject property or by a lessee or any other person, with the written consent of the property owner.
C. Time for filing. Any land use permit required by this Development Code shall be filed with the Director, processed and approved before the approval of any Building, Grading, or other construction permit or other authorization required by the Municipal Code or this Development Code for the proposed use or structure.

18.70.050 - Application Fees¶

The Council shall, by resolution, establish a schedule of fees for permits, amendments and other matters pertaining to this Development Code. The schedule of fees may be changed or modified only by resolution of the Council. Processing shall not commence on any application until all required fees have been paid.

A. Refunds and withdrawals. Recognizing that filing fees cover the costs of public hearings, mailing, posting, transcripts and staff time involved in processing applications, refunds due to a denial are not allowed, except in the case of an appeal hearing by the Council in compliance with Section 18.140.030 (Filing and Processing of Appeals). In the case of a withdrawal, the Director may authorize a partial refund based upon the Director's determination of pro-rated costs to-date and the status of the application at the time of withdrawal.
B. Council payment of fees. The Council may elect to pay the filing fees in only the following situations:
1. Applications made by tax supported Governmental agencies (e.g., school district, etc.);
2. Applications made by charitable organizations as defined by resolution of the Council; or
3. Applications made in compliance with established Council policy on the Council’s payment of fees.

18.70.060 - Initial Application Review/Environmental Assessment¶

All applications filed with the Department in compliance with this Development Code shall be initially processed as follows:

A. Completeness review. The Director shall review all applications for completeness and accuracy before they are accepted as being complete for processing.

1. Notification of applicant. The applicant shall be informed within 30 days of submitting an application, as required by the State law (Government Code Section 65943), either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in writing, shall be provided before it can be accepted for processing.

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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 determination in compliance with Chapter 18.140 (Appeals).

3. Environmental information. The Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Subsection C., below, after the application is determined complete and is accepted for processing.

4. Expiration of application. If the applicant does not provide sufficient information to complete an application within 90 days after notification that the application is incomplete, the application shall be deemed withdrawn, unless an extension is granted by the Director. A new application, including fees, plans, exhibits and other materials that will be required to commence processing of any development project on the same property, may then be filed in compliance with this Article.

B. Referral of application. At the discretion of the Director, or where otherwise required by this Development Code, State or Federal law, any application filed in compliance with this Development Code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

C. Environmental assessment.

All development applications shall be reviewed as required by the California Environmental Quality Act (CEQA), to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a Negative Declaration may be issued, or whether an Environmental Impact Report (EIR) shall be required.
These determinations and, where required, the preparation of environmental documents shall comply with the CEQA Guidelines.

18.70.070 - Application Review and Decision¶

A. Project review procedures. Each application shall be analyzed by the Director to ensure that the proposed uses/activities and development are consistent with the content, purpose and intent of this Development Code, any applicable design guidelines, the CEQA Guidelines, the General Plan and any applicable Specific Plan. Additionally, any application which may involve substantial grading shall require the submittal of preliminary grading plans for review and recommendation by the Town Engineer.
B. Notice and hearings. A land use permit application will be scheduled for a public hearing only after the Director has determined the application complete, in compliance with Section 18.70.060.A (Completeness Review). Noticing of the public hearing will be given in compliance with Chapter 18.180 (Public Hearings).
C. Expiration of Inactive Land Use Applications. An application shall expire and be considered abandoned 180 days after the last date that additional information, revisions, or funds are

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requested, if the applicant has failed to provide the items requested and the project has not been diligently/actively pursued, except that:

Special Studies. Whenever special studies (e.g., CEQA, etc.) are requested by the Town that are reasonably expected to take longer than 180 days to complete, the application will not be considered inactive on the basis of the time required to complete such special studies. Staff will estimate a completion date and should these studies be delayed beyond the initial projected completion date, a new projected date of completion shall be established after which the application shall expire and be considered abandoned in 180 days if no action occurs on the project.
The Planning Director may grant one 90-day extension if the following criteria are met:
- a) A written request for extension is submitted at least 30 days prior to the expiration date;
- b) The applicant demonstrates that circumstances beyond the control of the applicant prevent timely submittal of the requested revisions or information; and
- c) The applicant provides a reasonable schedule for submittal of the requested revisions or information.
Applications made as a result of a code enforcement action may be expired in less than 180 days if the applicant does not proceed through the application process in a timely manner. Expiration of a permit application sought as a result of a code enforcement action does not relieve the responsible parties from the requirement to obtain the permits necessary to abate violations of the Town Municipal Code. An active application does not authorize any requested activity.
The Town shall notify the applicant in writing of the intent to close the inactive land use application, a minimum of 45 days prior to closing the application.
The Director may extend an expiration date when additional time for Town processing or scheduling of appointments is required, when information or responses from other agencies is needed, or under other similar circumstances.
Activities that require legislative decision such as adoption of a specific plan or master plan, or amendments to the zoning ordinance, are exempt from Section 18.70.070.C as they do not constitute a land use application.

18.70.080 - Appeals¶

The decision of the Director, Zoning Administrator, or Commission, as applicable, to approve or deny any land use permit shall be considered final unless an appeal is filed in compliance with Chapter 18.140 (Appeals). The decision of the Director, or any condition of approval, is appealable to the Commission; the decision of the Zoning Administrator, or Commission, or any condition of approval, is appealable to the Council.

18.70.090 - Post Approval Procedures¶

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The following procedures shall apply following the approval of the permit or entitlement.

A. Expiration and extensions. Time limits for the expiration of approved land use permits and procedures for obtaining extensions of time are established by Chapter 18.84 (Permit Implementation, Time Limits and Extensions).
B. Phasing. Requirements for the development of approved projects in multiple phases are established by Chapter 18.84 (Permit Implementation, Time Limits and Extensions).
C. Building Permit. Building Permits may be issued after all applicable terms and conditions of the land use permit approval have been satisfied. Any land use permit issued in compliance with this Development Code shall conform to all applicable provisions of this Development Code.
D. Certificate of Occupancy. The Certificate of Occupancy may be issued after all conditions have been fulfilled to the satisfaction of the Director.
E. Minor changes. The Director may approve minor changes to required conditions and operating standards of an approved land use permit. The minor changes shall be in compliance with Section 18.84.070 (Changes to an Approved Project).
F. Major changes. The original review authority may approve major changes to required conditions and operating standards of an approved permit or entitlement, in compliance with Section 18.84.070 (Changes to an Approved Project). The requirements and procedures contained in this Development Code shall apply to any application for a major change, which shall constitute a project requiring environmental review under CEQA.
G. Performance guarantee. The applicant/owner may be required to provide adequate performance security in compliance with Section 18.84.040 (Performance Guarantee) for the faithful performance of any/all conditions of approval imposed by the review authority.
H. Revocation. The original review authority may revoke or modify a land use permit approval in compliance with Chapter 18.190 (Revocations and Modifications).

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Zoning Clearance

18.72

– CHAPTER 18.72 ZONING CLEARANCE

Sections:

18.72.010 - Purpose of Chapter
18.72.020 - Applicability
18.72.030 - Review and Decision
18.72.040 - Conditions of Approval