Chapter 17.10
APPLICATION PROCEDURES AND FEES
Sections:
17.10.020 General application requirements.
17.10.030 Concurrent applications.
17.10.010 Application for subdivision, partition or parcel map, conditional use, zone change, architectural/design review, variance, nonconforming use exception, and General Plan amendment.
(A) Before submitting development plans for approval, an applicant proposing a subdivision, partition or parcel map, conditional use, zone change, architectural/design review, variance, nonconforming use exception, or General Plan amendment shall attend a preapplication conference to be scheduled with the Planning Department to obtain general information, guidelines, procedural requirements, advisory opinions and technical assistance for the project concept. The fee for this conference shall be 15 percent of the application fee. This fee shall be credited toward the application fee. The determination of the need for a preapplication process rests with the Planning Director.
The preapplication meeting will be conducted according to a Planning Department approved agenda. A conceptual site plan shall be available at least three working days prior to the scheduled preapplication meeting. The Planning Department will provide site plan requirements.
(B) Following the preapplication conference and upon the receipt of a valid and complete application and fee, the Planning Department shall review the tentative subdivision, partition or parcel map plan in accordance with provisions of MSMC Titles 17 and 18 and the State Subdivision Map Act. The Planning Director shall set a date for the public hearing on the tentative plans before the appropriate hearing body.
(C) Initiation. An application for subdivision, partition or parcel map, conditional use, change of zone, architectural/design review, variance, nonconforming use exception, and General Plan amendment may be initiated by the owner of the property involved or an authorized agent. The Council or Commission may also initiate an application for a change of zone, in accordance with the provisions of subsection (D) of this section. Authorization to act as an agent shall be in writing and filed with the application. Such applications shall be filed on appropriate forms provided by the Planning Department. When any such application requires the submission of a site plan, the site plan shall be submitted in a form as determined by the Planning Department.
(D) Initiation by Planning Commission/City Council. The Commission and/or Council may initiate proceedings to rezone land by motion and conduct a public hearing in accordance with all applicable provisions of MSMC Title 18. Amendment of the City of Mt. Shasta General Plan shall be initiated and processed in accordance with the then current Mt. Shasta Municipal Code and General Plan. If the Commission and/or the Council initiate proceedings for a change of zone, they shall so advise the Planning Director, who shall set a date for a public hearing before the Commission. (Ord. CCO-11-05 § 47, 2011; Ord. CCO-98-02, 1998. Formerly 16.10.005)
17.10.020 General application requirements.
If it is determined by the Planning Director or his designated representative that any of the aforementioned applications do not provide the desired information nor have attached thereto other pertinent data requested, the application may not be accepted.
(A) Submittal of Application. All documents or evidence relied upon by the applicant shall be submitted to the Planning Department and be made available to the public at least three business days prior to the first evidentiary hearing or three business days prior to the first hearing if two or more evidentiary hearings are allowed.
(B) Improper Application. If it is determined by the Planning Director or his designated representative that an application does not provide the required information nor have attached thereto other pertinent data requested, the Planning Department shall notify the applicant of receipt of the application and allow the applicant to submit the missing information. The application shall be deemed complete for purposes of processing upon the receipt by the Department of the missing information. If the applicant refuses to submit the missing information, the application shall be deemed not to be complete. A letter of rejection of the application shall be sent to the applicant advising them of the rejection, the reasons for the rejection, their right of appeal to City Council and forfeiture of half (50 percent) of the application fees paid.
(C) Hearing Date. If required by ordinance, the Planning Director shall, upon receipt of a valid and complete application and fee as required, set a date for public hearing upon the application. (Ord. CCO-11-05 § 47, 2011; Ord. CCO-98-02, 1998. Formerly 16.10.025)
17.10.030 Concurrent applications.
Development proposals and projects that require more than one land use request (e.g., variance and zone change) may proceed concurrently, at the request of the applicant. (Ord. CCO-11-05 § 47, 2011; Ord. CCO-98-02, 1998. Formerly 16.10.035)
17.10.040 Final action.
Final action on permits, zone change applications or land use requests and amendments shall be subject to the appeal period of the appropriate action before being considered final. (Ord. CCO-11-05 § 47, 2011; Ord. CCO-98-02, 1998. Formerly 16.10.040)
17.10.050 Rehearing.
The Council, Commission or Director shall not consider any application involving a lot, parcel, or structure which has been the subject of the same application within 12 months following final action on such application, unless substantial new evidence is submitted which could not reasonably have been presented at the previous meeting. (Ord. CCO-11-05 § 47, 2011; Ord. CCO-98-02, 1998. Formerly 16.10.045)