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

Table 6-1 (Review Authority, page 6-5) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Code.

If an applicant submits more than one planning permit application for the same project, the applications shall be processed concurrently, with all the permits being considered and acted upon by the highest review authority required by this Article for any of the permits.

A.

Pre-application conference.

1.

Purpose of conference. A prospective applicant should request a pre-application conference with the Department before completing and filing a planning permit application. The purpose of this conference is to generally:

a.

Inform the applicant in general of City requirements as they apply to the proposed project;

b.

Review the City's approval process, possible project alternatives or modifications; and

c.

Identify the 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.

2.

Project requiring Commission or Council approval. If the permit application to be filed will require Commission or Council approval, the applicant may wish to consider reviewing the proposal with an affected Neighborhood Association.

3.

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

B.

Neighborhood meeting. Prior to filing a planning permit application with the City, a prospective applicant should contact and meet with property owners and residents neighboring the site, nearby residents and business owners, to inform them about the proposed project and consider their concerns in project design. A prospective project applicant should also contact the affected neighborhood association in the case of a multi-lot, multi-unit, nor nonresidential project.

C.

Application contents. Each application for a permit, amendment, or other matter pertaining to this Zoning Code 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's list of required application contents, as provided by the Department. Applicants are encouraged to contact the Department before submitting an application to verify which materials are necessary for application filing.

D.

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

TABLE 6-1 REVIEW AUTHORITY

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 appeals to the decision of an earlier decision-making body, in compliance with Chapter 106.72 (Appeals).

(2)

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

(Ord. No. 2008-15, § 1, 12-11-2008; Ord. No. 2012-001, § 1(Exh. A), 1-26-2012)

A.

Fee schedule. The Council shall establish a schedule of fees for the processing of the applications required by this Zoning Code, hereafter referred to as the City's Fee Schedule, to defray the expenses incurred by the City in the processing of the planning permit applications established by this Article, and other matters relating to this Zoning Code.

1.

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.

2.

In addition to all required application fees, an applicant shall fully reimburse the City for all costs incurred by the City for the completion of any special study determined by the Director to be necessary in the evaluation of the project application (e.g., traffic, noise, cultural resources, etc.).

B.

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

C.

Refunds and withdrawals. The required application fees cover City costs for public hearings, mailings, staff time, and the other activities involved in processing applications. 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 pro-rated costs to-date and the status of the application at the time of withdrawal.

D.

Waiver of fees. The Council may waive any fee, charge or expense as to any applicant or petitioner for a Use Permit, Variance or other permit, or amendment to this Code. No fee will be required or charged to persons whose properties are the subject of a rezoning initiated by the City.

A.

Review for completeness. The Department shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Department's determination of completeness shall be based on the City's list of required application contents (see Section 106.60.040.C - Application contents), and any additional instructions provided the applicant in any pre-application conference.

1.

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

2.

Appeal of determination. Where the Department has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Department is not required, the applicant may appeal the determination in compliance with Chapter 106.72 (Appeals).

3.

Time for submittal of additional information. When an application is incomplete, the time used by the applicant to submit the 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 the following Subsection (A.4).

4.

Expiration of application. If an applicant fails to provide the additional information specified in the Department letter within six months after the first filing with the Department, the application shall expire and be deemed withdrawn. The Director may grant additional extensions, up to 12 months. After the expiration of an application, project approval shall require the submittal of a new, complete application, including all required fees.

5.

Environmental information. After an application has been accepted as complete, the Department may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 106.60.070 (Environmental Review).

B.

Rejection of application with violations on the site. The Department shall reject and not process an application if conditions exist on the site in violation of this Zoning Code, other provisions of the Municipal Code, or any permit or other approval granted in compliance with this Zoning Code or Municipal Code, other than an application needed to correct the violation. The Department's authority under this Subsection shall apply whether:

1.

The current applicant was the owner of the subject property at the time the violation occurred; or

2.

The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.

The Director's decision may be appealed in compliance with Chapter 106.72 (Appeals).

C.

Referral. At the discretion of the Director, or where otherwise required by this Zoning Code 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.

After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA), and the City's CEQA guidelines, to determine whether the project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a Negative Declaration may be issued, or whether an Environmental Impact Report (EIR) shall be required.

A.

Staff evaluation. The Department shall review each planning permit application filed in compliance with this Article to determine whether it complies and is consistent with the provisions of this Zoning Code, other applicable provisions of the Municipal Code, the General Plan, and any applicable specific plan.

B.

Staff report. Where this Article requires Commission and/or Council action on an application, the Director shall provide a written recommendation to the applicable review authority on whether the application should be approved, approved subject to specific conditions recommended by the Director, or disapproved.

C.

Report distribution. Each staff report shall be furnished to the applicant and property owner at the same time as it is provided to the review authority prior to consideration of the application.