Lakeport City Zoning Code
CHAPTER 17
29 APPLICATIONS AND FEES
§ 17.29.010 Purpose.
To define the procedures and requirements for applications for land use actions.
(Ord. 796 Att. A(part), 1999; Ord. 903 § 6(part), 2016)
§ 17.29.020 Eligibility for filing.
An application may only be filed by the owner of the subject property or a lessee or authorized agent of the owner with the written consent of the property owner. The applicant shall be signed by the owner of the subject property or a lessee or authorized agent of the owner if written authorization from the owner is filed concurrently with the application.
(Ord. 796 Att. A(part), 1999; Ord. 903 § 6(part), 2016)
§ 17.29.030 Land use application procedures.
The following procedures shall be followed in processing of land use applications and development permits which require planning commission or city council action:
A.
Preapplication Conference.
1.
A prospective project proponent is encouraged to request a preapplication conference with community development staff before completing and filing a land use application/development.
2.
The purpose of the preapplication conference is to:
a.
Inform the project proponent of city requirements as they apply to the proposed project;
b.
Review the city's land use development review process, possible project alternative or modifications; and
c.
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.
3.
Information and materials provided by city staff to the applicant at the preapplication conference shall not be construed as a recommendation for either approval or denial of the proposed project.
4.
Failure by city staff to identify all required studies or all applicable requirements shall not constitute a waiver of those requirements.
B.
Application Contents.
1.
Application for land use projects, action, permits, permit modifications, amendments, and other matters pertaining to this code shall be filed with the community development department on an official city application form.
2.
The application shall be filed with all required fees, deposits, information, and materials as specified by the community development department.
3.
Project proponents are encouraged to contact the community development department before submitting an application to verify which materials are necessary for application filing.
C.
Review of Application.
1.
The community development department shall review each application for completeness and accuracy before it is accepted in compliance with Government Code Section 65943. Acceptance of the application shall be based on the city's list of required application contents and any additional written instructions provided to the project proponent in a preapplication conference, and/or during the initial application review period.
2.
At the discretion of the community development department, or where otherwise required by this code or state or federal law, an application may be referred to any public agency that may have interest in the proposed project.
3.
Within thirty calendar days of application acceptance, the project proponent shall be informed in writing that the application is complete and has been accepted for processing, or that the application is incomplete and the additional information is required in conformance with Government Code Section 65943. Upon receipt of any resubmittal of the application, a new thirty-day review period shall begin, during which the community development department shall again determine the completeness of the application.
4.
When the community development department determines that an application is incomplete, and the project proponent believes the application is complete or that the information requested by the community development department is not required, the project proponent may appeal the determination in compliance with Chapter 17.31 (Appeals and City Council Review).
5.
After the city has accepted an application as complete, the community development department may require the applicant to submit additional information for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA).
(Ord. 796 Att. A(part), 1999; Ord. 903 § 6(part), 2016)
§ 17.29.040 Project evaluation and staff reports.
A.
Staff Evaluation. The community development department shall review all land use applications/development permits to determine if they comply with all applicable requirements, including the zoning ordinance, other applicable provisions of the municipal code, the general plan, and any applicable specific plan.
B.
Staff Report. The community development department shall provide a written recommendation for all land use applications/development permits subject to the review authority of the planning commission and/or city council (as applicable) as to whether the application should be approved, approved with conditions, or denied.
C.
Report Distribution. Each staff report shall be furnished to the applicant at the same time it is provided to the review authority before action on the application.
(Ord. 796 Att. A(part), 1999; Ord. 903 § 6(part), 2016)
§ 17.29.050 Expiration of application.
A.
If an applicant fails to provide additional information, as specified in Section 17.29.030(C)(3), requested in writing by the community development department within six months (one hundred eighty days) following the date of the letter, the application shall expire and be deemed withdrawn, without any further action by the city.
B.
The community development director may grant one ninety-day extension, if the project proponent files a written request with the community development department before expiration.
C.
After the expiration of an application, future city consideration shall require the submittal of a new, complete application and associated fees.
(Ord. 903 § 6(part), 2016)
§ 17.29.060 Fees.
The city council shall, by resolution, establish a schedule of fees for land use applications, amendments, and other matters pertaining to this chapter. The schedule of fees may be changed or modified by resolution of the council. Review shall not commence on any application until all applicable fees have been paid in full. The city is not required to continue processing and application unless its fees are paid in full. Failure to pay the applicable fees is grounds for denial of the application.
(Formerly 17.29.050; Ord. 796 Att. A(part), 1999; Ord. 903 § 6(part), 2016)