Chapter 18.402
PRE-APPLICATION PROCEDURES
Sections:
18.402.030 Preliminary application for projects in general.
18.402.040 Preliminary application review for Senate Bill 330 projects.
18.402.010 Purpose.
This chapter contains procedures and requirements for the review of development projects prior to the submittal of a formal planning application, as required by the development code or state law. [Ord. 23-7 § 9 (Exh. C)].
18.402.020 Initial meeting.
A. Initial Meeting. Except for projects subject to preliminary review under CDC 18.402.040 or when waived by the planning division, prospective applicants are required to meet with staff prior to completing and filing a permit application or preliminary application under CDC 18.402.030 in order to:
1. Inform the applicant in general of city requirements as they apply to the proposed project;
2. Review the city’s approval process, possible project alternatives, or modifications;
3. Determine the type of permits required for the project;
4. Review the submittal requirements in the application checklist; and
5. Identify any necessary technical studies and information relating to the environmental review of the project. [Ord. 23-7 § 9 (Exh. C)].
18.402.030 Preliminary application for projects in general.
A preliminary application process is intended to streamline the formal application process and help achieve conformance with applicable city policies and regulations by providing information on relevant general or specific plan policies, development code regulations, design guidelines and standards, policies, and procedures. The planning division shall prepare, update, and maintain the preliminary applications and any related checklist provided for in this chapter. related to projects subject to legislative or discretionary approval pursuant to the development code. This review is required for the following discretionary projects: all infill residential projects, projects located within 300 feet of a residential district, complex projects with multiple applications, and potentially controversial projects or uses.
A. Projects that meet any of the following shall submit a preliminary application in conformance with this section prior to filing a formal planning application:
1. Requires a general plan amendment, rezoning, or other legislative approval;
2. Does not appear to qualify for an exemption under the California Environmental Quality Act (CEQA);
3. New nonresidential buildings;
4. Residential projects that are not eligible for a preliminary application under Government Code Section 65941.1(a) and CDC 18.402.040;
5. Nonresidential subdivisions and condominiums;
6. Any person wishing to apply for a density bonus and/or other incentives or concessions under Density Bonus Law shall make a preliminary application in writing to the community development department. The application shall identify what specific measures (e.g., modifications to standards, density bonus, or fee subsidies) the developer is requesting in conformance with Chapter 18.185 CDC (Affordable Housing).
B. A preliminary application review can also be requested under this section for projects that do not require a preliminary application.
C. The planning division may waive the preliminary application requirement, as appropriate, when determined that there would be no additional benefit in undergoing preliminary application review.
D. No preliminary application will be accepted for review without payment of the fee established by the city’s master fee and charges schedule.
E. A preliminary application is not subject to the requirements of the California Permit Streamlining Act or the California Environmental Quality Act (CEQA), as determined by state law.
F. Preliminary application submittals may include conceptual design and site review by the design review board, as applicable, and any neighborhood meeting required by Chapter 18.405 CDC (Permit Application Filing and Processing).
G. The planning division shall provide the applicant with a written summary of preliminary comments on the project for use in preparing their formal application review. A preliminary application submitted under this section does not grant a vested right to develop the project under the regulations and fees in effect at the time the application is submitted or when comments are issued. [Ord. 23-7 § 9 (Exh. C)].
18.402.040 Preliminary application review for Senate Bill 330 projects.
Pursuant to Government Code Section 65941.1(a), and as may be amended, prospective applicants of eligible housing development projects may submit a preliminary application under state law and this section.
A. Projects subject to the preliminary application under this section include any of the following:
1. Residential units only;
2. Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designed for residential use; or
3. Transitional housing or supportive housing.
B. A preliminary application shall be deemed submitted upon providing the information specified in the city’s applicable submittal checklist and payment of the processing fee.
C. The project for which a preliminary application has been submitted shall be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was deemed submitted.
D. If the development project is revised such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the applicant resubmits the information required by the city’s applicable submittal checklist so that it reflects the revisions. For purposes of this subsection, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).
E. Within 180 calendar days after submitting a preliminary application, the application(s) required for the development project shall be submitted with all of the information required to process the development application consistent with state law, including, but not limited to, Government Code Sections 65940, 65941, and 65941.5.
F. If the city determines that the application for the development project is not complete pursuant to Government Code Section 65943, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agency’s written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect. [Ord. 23-7 § 9 (Exh. C)].