This chapter provides procedures and requirements for the preparation, filing, and processing of pre-applications for land use permits and other entitlements required by this zoning code. The intent of this process is to allow the review of significant development applications by the Planning Commission and/or Community Development Director earlier in the development review process to avail an applicant of the Planning Commission's and/or Community Development Director's comments and concerns prior to the formal submittal of the land use application. The pre-application process does not replace, but is ancillary to the land use application process and does not result in, nor can the Planning Commission or Community Development Director, render a decision with regard to land use entitlements.

(Ord. No. 2122, § 1 (Exh. A), 10-20-2009; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Mandatory pre-applications. Any land use proposal that falls into one of the categories listed in the threshold table shall be required to submit a pre-application to the Community Development Department for review and processing, including a mandatory study session before the Planning Commission or City Council, prior to submitting a formal land use application.

Threshold Table

(Ord. No. 2122, § 1 (Exh. A), 10-20-2009; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

A prospective applicant is encouraged to request a pre-application study session with the City Council prior to formal submittal of a permit application for housing development projects subject to the Specific to Large Site standards, as established in Chapter 21.07 (Housing Development Regulations).

B.

The purpose of this voluntary pre-application is to inform the applicant of requirements that apply to the proposed development project, provide early feedback, examine possible alternatives or modifications and identify any technical studies relating to future environmental or project permit review. A voluntary pre-application study session shall not be considered a hearing for the purposes of Government Code section 65905.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Application filing, processing, and review.

A.

Filing. A pre-application shall be filed with the Community Development Department in compliance with Chapter 21.38 (Application Filing, Processing, and Fees.).

B.

Application contents. The application shall include the information and forms provided by the community development department, and all information and materials required by the Community Development Department and Director.

C.

Review by the community development director.

1.

Mandatory pre-applications. Following receipt of a completed mandatory pre-application, the community development director shall make an investigation of the facts bearing on the project to provide the information necessary for the review of the proposal by the Planning Commission. The Community Development Department shall then schedule the pre-application as a study session item before the Planning Commission for review and comment within sixty days.

D.

Study session: review by the planning commission.

1.

The Planning Commission shall provide constructive review of the pre-application and provide feedback and direction to the applicant early in the design review process.

2.

A public hearing shall not be required for the Planning Commission's review of a pre-application.

3.

At the conclusion of the required study session, the applicant may file a formal application as defined under section 21.38.030.

E.

Advisory comments: Community Development Director and Planning Commission. The pre-application process does not replace, but is ancillary to, the land use application process and does not result in, nor can the planning commission render a decision with regard to land use entitlements, and nothing contained in the process precludes either the Planning Commission or City Council from approving or denying a subsequent formal land use application. Because the pre-application process does not constitute a formal application review, comments are considered advisory recommendations for the use of the applicant. Any such review or recommendation shall not be binding upon the Planning Commission or the City Council as to any further determinations to be made with respect to the project.

(Ord. No. 2122, § 1 (Exh. A), 10-20-2009; Ord. No. 2293, § 1(Exh. B), 5-2-2023)