Chapter 17.60 PERMIT APPLICATION FILING AND PROCESSING

Chapter 17.60
PERMIT APPLICATION FILING AND PROCESSING

Sections:

17.60.010 Purpose

17.60.020 Authority for Land Use and Zoning Decisions

17.60.030 Multiple Permit Applications

17.60.040 Application Preparation and Filing

17.60.050 Application Fees

17.60.060 Initial Application Review

17.60.070 Project Evaluation and Staff Report

17.60.010 Purpose

This chapter provides procedures and requirements for the preparation, filing, and initial processing of the planning permit applications required by this Zoning Ordinance.

17.60.020 Authority for Land Use and Zoning Decisions

Table 5-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Ordinance.

17.60.030 Multiple Permit Applications

A. Concurrent filing. An applicant for a development project that requires the filing of more than one application shall file all related applications concurrently, unless waived by the Director, and submit appropriate processing deposits/fees in compliance with Section 17.60.050 (Application Fees).

B. Concurrent processing. Permit processing and environmental review shall be concurrent and the final decision on the project shall be by the review authority designated by Table 5-1 (Review Authority), except that:

1. A multiple-application project with one or more applications requiring Council approval (for example, a rezoning of property or a Tentative Map), shall require concurrent Council approval of all applications.

2. A Commission denial of a multiple-application project with one or more applications requiring Council approval shall be final unless appealed to the Council.

17.60.040 Application Preparation and Filing

A. Pre-application conference. An applicant is encouraged to request a pre-application conference with the Director before completing and filing a planning permit application. The Director may invite representatives from other City departments to participate in the conference as the Director determines to be appropriate. The purpose of the conference is to generally:

1. Review the proposal with the applicant and tentatively identify for the applicant City requirements that may apply to the project and tentatively identify potential issues and concerns that the project may raise for the City;

2. Review the City’s procedures for project review and decision making; and

3. 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.

Neither the pre-application conference nor the City’s providing information and/or pertinent policies shall be construed as a staff recommendation for the approval or disapproval of the application or project. Any failure by City staff to identify all required studies or all applicable requirements shall not constitute a waiver of those requirements.

B. Application contents. Each application for a permit, amendment, or other matter pertaining to this Zoning Ordinance shall be filed with the Department on a City application form, together with required fees and/or deposits, and all other information and materials required by the City as identified in the Department handout for the specific type of application. Applicants are encouraged to contact the Director before submitting an application to verify the materials that are necessary for application filing.

C. Eligibility for filing. An application may only be filed by the owner of the proposed site, or other person with the written consent of the property owner.

17.60.050 Application Fees

A. Fee schedule. The Council shall establish a schedule of fees for the processing of the applications required by this Zoning Ordinance, hereafter referred to as the City’s Fee Schedule.

B. Multiple applications. The City’s processing fees are cumulative. For example, if a proposed project requires both a Use Permit and a Variance, both fees will be charged. Unusually large or complex projects may be subject to an hourly rate in addition to the basic application fees, at the discretion of the Director.

C. Timing of payment. No application shall be deemed complete, and application processing shall not commence, until all required fees and/or deposits have been paid.

D. Refunds and withdrawals. Required application fees cover City costs for public hearings, mailings, staff time, and the other activities involved in application processing. Therefore, no refund due to a disapproval shall be allowed. In the case of a withdrawal, the Director shall have the discretion to authorize a partial refund based upon the prorated costs to date and the status of the application at the time of withdrawal.

TABLE 5-1 – REVIEW AUTHORITY
Type of Action	Applicable Zoning Ordinance Section	Role of Review Authority (1)
Type of Action	Applicable Zoning Ordinance Section	Director or Zoning Administrator	Board of Architectural Review	Planning Commission	City Council

Administrative and Legislative Decisions
General Plan or LCP Amendment	17.64	Recommend		Recommend	Decision
Interpretation	17.04	Decision (2)		Appeal	Appeal
Precise Plan or Amendment	17.62.060	Recommend		Recommend	Decision
Specific Plan or Amendment	17.64	Recommend		Recommend	Decision
Zoning Ordinance or Map Amendment	17.64	Recommend		Recommend	Decision

Planning Permit Decisions
Architectural Review	17.62.030	Recommend	Decision	Appeal	Appeal
Certificate of Appropriateness	17.68.050	Recommend		Decision	Appeal
Certificate of Appropriateness – Minor	17.68.050	Decision		Appeal	Appeal
Home Occupation Permit	17.52.120	Decision		Appeal	Appeal
Limited Term Permit	17.62.040	Decision		Appeal	Appeal
Minor Use Permit	17.62.070	Decision (2)		Appeal	Appeal
Minor Variance	17.62.080	Decision (2)		Appeal	Appeal
Planned Development Permit	17.62.050	Recommend		Decision	Appeal
Sign Permit	17.40	Recommend	Decision	Appeal	Appeal
Use Permit	17.62.070	Recommend		Decision	Appeal
Variance	17.62.080	Recommend		Decision	Appeal
Zoning Clearance	17.62.020	Decision (2)		Appeal	Appeal

Subdivision Decisions
Minor Subdivision	Subdivision Ordinance	Recommend		Decision	Appeal
Major Subdivision	Subdivision Ordinance	Recommend		Recommend	Decision

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 an appeal to the decision of a prior decision-maker, in compliance with Chapter 17.76 (Appeals).

(2) The Director may defer action and refer the request to the Commission, so that the Commission may instead make the decision.

17.60.060 Initial Application Review

A. Review for completeness. The Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director’s determination of completeness shall be based on the City’s requirements for application contents, and any additional instructions provided the applicant in a pre-application conference.

1. Notification of applicant. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed by letter that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information shall be provided as specified in the letter.

2. Appeal of determination. If the Director determines that an application is incomplete, and the applicant believes that the application is complete or that the requested information not required, the applicant may appeal the Director’s determination in compliance with Chapter 17.76 (Appeals).

3. Time for submittal of additional information. When an application is incomplete, the time used by the applicant to prepare and submit required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by following Subsection A.4 of this section.

4. Expiration of application. If an applicant fails to provide the information specified in the Director’s letter within 180 days following the date of the letter, the application shall expire and be deemed withdrawn, without any further action by the City. After the expiration of an application, future City consideration of the project shall require the submittal of a new, complete application and required fees.

5. Environmental information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA) Guidelines.

B. Referral of application. At the discretion of the Director, or where otherwise required by this Zoning Ordinance or state or federal law, an application may be referred to any public agency that may be affected by, or have an interest in the proposed project.

17.60.070 Project Evaluation and Staff Report

A. Staff evaluation. The Director shall review each permit application filed in compliance with this Zoning Ordinance to determine whether the proposed project complies and is consistent with the applicable requirements of this Zoning Ordinance, any applicable Design Guidelines, other applicable provisions of the Municipal Code, the General Plan, and any applicable specific plan.

B. Staff report. If this Zoning Ordinance requires that a permit application be approved or disapproved by the Commission and/or Council, the Director shall provide a written recommendation to the review authority as to whether the application should be approved, approved subject to conditions, or disapproved. The staff report shall be provided to the applicant at the same time as it is provided to the review authority before a hearing on the application.