The purpose of this Chapter is to implement State planning law with regard to permit processing and project review and to establish and define efficient processing procedures for steps in the land use and development permitting process common to all of the review types described in Table 9.11.020-A of this Code, Review Authority, in order to facilitate uniform implementation of the Town General Plan.

A pre-application conference with the Planning Division is encouraged prior to formal submittal of a permit application. Upon preliminary review of the proposal, the Planning Division may recommend a conference with the Development Advisory Board. The Development Advisory Board is generally comprised of representatives from various Town Departments, the Apple Valley Fire Protection District, local water agencies and other agencies as deemed appropriate. It is strongly recommended that the conference take place prior to any substantial investment and submittal of entitlement application.

(Ord. No. 513, § 20, 8-27-2019)

Requests for permits, appeals, amendments, approvals and other actions required or permitted by this Development Code, shall require that a completed application, on a form provided by the Planning Division be submitted to the Planning Division in addition to any other materials, as to be determined by the Director, such as reports, dimensioned plans or other information required to take an action on the application.

A.

Complete Application Required. Any application for a permit or entitlement pursuant to this Code, must be accepted as complete for processing by the Director or in order to initiate the official review process. All required materials, information and fees as required by the Director shall be provided by the applicant before the application is deemed complete for processing.

B.

Determination of Completeness. The Director shall determine in writing the completeness of the application and shall transmit this determination to the applicant within the time limits and in a form and content to be consistent with the types of project applications established by applicable State law and Town regulations.

C.

Time Period for Determining Completeness. The statutory time period of thirty (30) days established by State law for determining completeness shall begin the day the application is made and date stamped at the offices of the Planning Division. Formal processing of any applications pursuant to this Development Code shall commence upon the date the application is accepted as complete, as provided in the State law regarding review and approval of development projects.

A.

An application for permits or approvals issued in compliance with this Development Code shall be deemed to have been abandoned when information and/or fees have been requested to complete an application and this information and/or fees have not been received by the Planning Division within ninety (90) days.

B.

The Director shall notify the applicant by mail of the abandonment. The applicant may provide a written explanation of the delay, stating the date by which the further application material, and, when required, further fees will be submitted. If the Director finds that special circumstances exist and that unusual hardship to the applicant would result from deeming the application abandoned, the Director may appropriately extend the period during which the required material must be submitted. If the required material has not been submitted by the new date, and if the Director has not further extended the allowable period for submitting it, the application shall be deemed abandoned without further notification. A notice of abandonment shall thereafter be mailed to the applicant and a copy placed in the applicant's file.

Notwithstanding any procedures established in Section 9.12.040 of this Chapter for determination of completeness, the Director may request the applicant to submit additional information in the course of processing the application if such information could not be anticipated as part of the original application. Such a request to clarify, amplify, correct or otherwise supplement submitted information shall not invalidate the original determination that the application was complete at the time the determination was originally made. The Director may request any additional information needed to prepare adequate environmental documentation in compliance with the California Environmental Quality Act (CEQA) and applicable guidelines to implement same.

The Council shall, by resolution or other enactment, establish and from time to time amend a schedule of fees for permits, appeals, amendments and approvals required or permitted by this Development Code to reimburse the Town for costs incurred as the result of its administration of the provisions of this Code.

Unless otherwise specified, applications for permits and approvals pursuant to this Code may be made only by the affected property owner or the property owner's authorized agent or representative.

At the time of filing an application, the Director shall inform the applicant that the applicant may make a written request to receive notice from the Town of any proposal to adopt or amend the General Plan, a specific plan, the Development Code, or an ordinance affecting building or grading permits which may affect the application being filed. The applicant shall specify, in writing, any of those actions for which the applicant would like to receive notice of pending action. The Director shall provide the type of notice requested to any applicant who has requested notice and whose development proposal is pending before the Town if the Director determines that the proposal is reasonably related to the applicant's pending development request. The Town may charge the applicant a reasonable fee not to exceed the actual cost of providing that notice.

An applicant for a development project or proposal which would require the filing of more than one land use or Development Permit application may file all related permits concurrently and pay appropriate fees, as described in Section 9.12.070, Fees, of this Chapter. Processing and the environmental review should be done concurrently and the final decision on the project shall be made by the highest level of review authority, described generally in Section 9.11.020, Review Authority for Required Permits, of this Code. For example, a project requiring a Variance and a Development Permit for a 20,000 square foot commercial development shall be determined by the Commission, while a project requiring a Development Permit, Tentative Tract Map and General Plan Amendment shall be determined by the Council.

No permit or approval shall be granted in compliance with this Development Code prior to the completion of applicable environmental review and determination as required by CEQA.

A.

EIR Projects and Legislative Actions. When required by State law, action shall be taken on development projects requiring the preparation and certification of an environmental impact report within one (1) year of the date that the application was accepted as complete.

B.

Other Project Permit Actions. When required by State law, final actions shall be taken on projects that are exempt from the provisions of the CEQA or which require the adoption of a negative declaration within six (6) months of the date that the application was accepted as complete.

C.

Extension of Time to Take Action. Extensions of the time limit for action on the applications described in paragraphs A and B above, may be granted, to the extent permitted by law, if mutually agreed upon by the applicant and Director.

A.

A review authority, as designated in Section 9.11.020, Review Authority for Required Permits, of this Code, may refer a request for a land use decision to the review authority designated as the appeal body for that type of land use application.

B.

Any land use decision made by the Commission or Council as a result of a referral in accordance with the provisions of this Section shall be made at a public hearing.

Public hearings shall be provided for in compliance with Chapter 9.13 of this Code, Public Hearings and Notice, and the requirements of the specific permit types (see Section 9.11.020 and the sections of this Code pertaining to the various permit types). Public hearings shall be held at the date, time and place for which notice has been given as required in Chapter 9.13 of this Code. The summary minutes should be prepared and an audio tape made and filed. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time and place to which said hearing will be continued.

Prior to rendering a land use decision, the review authority shall address each of the findings that apply to the application type as described in the provisions for application types in this Development Code where findings are required. Evidence or testimony shall be given to substantiate each of the findings that are found to hold true in the case being considered and shall be cited or summarized or otherwise referenced in the findings for the action taken by the review authority. A written record of such evidence or testimony shall be retained in the application file.

The Director shall be responsible for issuing such permits and notices of such actions as are authorized by this Code.

The effective date of any permit, or the date on which any permitted operation may begin, shall be the first business day after all applicable appeal periods have lapsed, or final action has occurred on any appeal.

Permits shall not be issued and uses or construction shall not commence for any use or structure involved in any application required by this Code until the effective date of the required permits, as defined in Section 9.12.170 of this Chapter, above.

Except as may be expressly authorized by this Code, or authorized by a separate and existing validly issued permit, the entire site shall be retained for such permitted use, and no portion of the site shall be used for any other purpose unless a request for amendment of the permit is submitted to and approved by the appropriate review authority, in accordance with this Code.

Unless the permit or conditions of the permit specify a limited duration, permits granted in compliance with the provisions of this Code shall continue to be valid upon a change of ownership of the site, business, service or structure which was the subject of the permit application.

A.

Projects Not Subject to the Subdivision Map Act. Approvals for projects shall lapse and become null and void thirty-six (36) months from the approval date unless a different expiration date is specifically established as a condition of approval to the extent permitted by law, or unless the use or entitlement, or any substantial construction in reliance upon the approved entitlement, has been commenced as specified in the provisions for the specific permit type in this Code.

B.

Projects Subject to the Subdivision Map Act. Subject to the provisions of Chapter 9.71, Subdivision Regulations, of this Code, approved or conditionally approved tentative parcel or tract maps, including vesting tentative parcel or tract maps, shall expire thirty-six (36) months from the approval date.

A.

Review Authority. Approvals for an extension of time beyond the original expiration date of any project may only be granted by the original review authority as designated in Section 9.11.020, Review Authority for Required Permits, of this code.

B.

Submittal Requirements

1.

Extension of time requests for projects shall be considered only if filed with the Planning Division prior to the expiration date for the permit or approval.

2.

A subdivider may request an extension for projects subject to the Subdivision Map Act by written application to the Director in accordance with Chapter 9.71, Subdivision Regulations, of this Code.

C.

Time Limits on Extensions. Extensions may not exceed an aggregate total of three (3) years from the original date of expiration unless otherwise provided by law.

D.

Circumstances Under Which Extensions May Be Granted. Extensions may be granted only if it is found that there have been no significant changes in the General Plan, Municipal Code or character of the area within which the project is located that would cause the approved project to become inconsistent or nonconforming and that the granting of an extension will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

A.

A modification or amendment to an approved application may be requested for any approved land use entitlement.

B.

Amendments to any subdivision are subject to the requirements set forth in Section 9.71.130 "Corrections and Amendment of Maps".

C.

Amendments may include, but are not limited to, change in conditions, site plan, elevations, expansion, intensity or hours of operation.

D.

The request shall be processed in the same manner as the original application and be approved by the same decision authority, except that under the following circumstances an amendment may be approved by the Director:

1.

The proposed Amendment is in compliance with the previously approved Environmental Determination.

2.

The proposed Amendment is in compliance with all Development Code regulations. Any request to further reduce development standards previously granted through a Variance shall require Planning Commission review.

(Ord. No. 527, § 3, 2-25-2020)

A.

To the extent consistent with law it may become necessary to revoke a previously authorized approval or approved permit. The purpose of this Section is to protect the public health, safety and welfare, as well as the rights to due process of permit holders within the Town.

B.

Any permit granted in compliance with this Code may be revoked or amended by the Commission or Council upon a finding that any term or condition of that permit has not been complied with.

C.

Authority to revoke permits or approvals shall be vested with the Commission for permits approved by staff or the Commission or vested with the Council where the Council was the final decision authority in granting the permit or approval

D.

If a Resolution of Intention is adopted to initiate the revocation of any previously authorized approval or approved permit, the Commission or Council shall set the matter for a hearing, giving notice of the time, place and decision authority. Upon the conclusion of the hearing, the Commission or the Council may, upon making the appropriate findings, either revoke the permit or amend the permit in lieu of revocation.

E.

Any decision of the Commission regarding an action to revoke or to amend a permit may be appealed to the Council at no additional charge to the applicant. Any decision of the Council to revoke a permit or to amend a permit shall be final.

A.

Appeal of Action

1.

Any affected person may appeal a decision of the Director to the Commission where the Director's decision would otherwise be final.

2.

Any affected person may appeal a decision of the Commission to the Council. Any member of the Council may require the review of a Commission decision pursuant to the appeal process described in subsection 9.12.250.B below.

B.

Appeals shall be submitted to the Director or his/her designee, with appropriate fees, on forms provided by the Planning Division. Appeals shall be filed with the Planning Division within ten (10) consecutive calendar days following the date of action. If the last day to act falls on a holiday or on a Saturday or Sunday, the following business day shall be deemed to be the last day to act. Appeals requiring Town Council consideration will be forwarded to the Town Clerk by the Director.

C.

Notice of an appeal hearing shall be given in the manner in which the original notice was given.

D.

Except as otherwise provided for in this Code, an action which has been appealed shall not become effective until a final determination is made by the appellate authority.

A.

Purpose and Intent. The San Bernardino Association of Governments acting as Congestion Management Agency for San Bernardino County adopted the Congestion Management Program (CMP) on November 4, 1992. The CMP requires each local jurisdiction to adopt and implement a Trip Reduction and Travel Demand Management Ordinance that promotes alternative transportation methods.

This Trip Reduction and Travel Demand Management Program is intended to satisfy the legal requirements of Chapter 6 of the CMP by reducing mobile source emissions.

B.

Trip Reduction and Travel Demand Management Requirements. The Town shall pursue the following strategies and programs to reduce traffic congestion, vehicle miles traveled (VMT), and vehicle trips (VT).

1.

Land Use Considerations

a.

The Town shall encourage mixed use developments in undeveloped areas of the Town which would also improve the jobs/housing balance in conformance with General Plan policies.

b.

The Town shall provide appropriate regulations for expansion of home occupations to allow more residents to work at home thereby reducing vehicle trips.

2.

Promotion of Modal Options

a.

The Town shall participate as part of the Victor Valley Transit Service Authority (VVSTA) in developing routes, increasing ridership and requiring developers to consider the requirements VVSTA to provide service to new developments.

b.

The Town shall require new developments to provide links to the Town-wide multi-purpose, pedestrian, equestrian and bicycle trails system. Special consideration shall be given to linking major trip generators.

c.

The Town shall participate in the development of the County-wide bicycle path system to link our trails system to other jurisdictions.

d.

The Town shall require appropriate bicycle parking at new commercial and multi-family developments.

e.

The Town shall cooperate with the Mojave Desert Air Quality Management District (MDAQMD) in providing information to the public about public transit car pooling, van pooling, park and ride lots, Computer Transportation System, other modal options, and other methods of reducing VMT and VT.

f.

The Town shall cooperate with MDAQMD to promote and expand use of the existing telebusiness center located in Apple Valley to reduce the number of trips out of the Victor Valley vehicle miles traveled by residents.

3.

Transportation and Traffic Flow Improvements

a.

The Town shall continue to assess traffic impact fees to developers for the installation of transportation improvements, traffic signals, acceleration/deceleration lanes, and other appropriate traffic control and improvement measures.

b.

The Town shall require appropriate traffic impact analyses for all new development and assure implementation of recommended mitigation measures for new development.