Pre-Application Conference. A prospective applicant is strongly encouraged to request a pre-application conference with the director before completing and filing a land use permit application. The purpose of this conference is to generally:

Application Contents. Each application for a permit, amendment, or other matter pertaining to this title shall be filed with the director on a town application form, together with required fees and/or deposits, and all other information and materials required by the town's list of required application contents, as provided by the director. Applicants are encouraged to contact the director before submitting an application to verify which materials are necessary for application filing.

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.

Fee Schedule. The council shall establish a schedule of fees for the processing of the applications required by this title, hereafter referred to as the town's fee schedule.

Multiple Applications. The town's processing fees are cumulative. For example, if a proposed project requires the approval of 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.

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.

Refunds and Withdrawals. The required application fees cover town 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.

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 town's list of required application contents (see Section 13.60.030(B)), and any additional instructions provided the applicant in any pre-application conference.

Referral. At the discretion of the director, or where otherwise required by this title 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.

Staff Evaluation. The director shall review all discretionary applications filed in compliance with this article to determine whether they comply and are consistent with the provisions of this title, other applicable provisions of the town code, the general plan, and any applicable specific plan.

Staff Report. The director shall provide a written recommendation to the commission and/or council (as applicable) on whether the application should be approved, approved subject to conditions, or disapproved.

Report Distribution. Each staff report shall be furnished to the applicant at the same time as it is provided to applicable review authority prior to a hearing on the application.

Permit Review Procedures. This chapter provides procedures for the final review, and approval or disapproval of the land use permit applications established by this title.

Subdivision Review Procedures. Procedures and standards for the review and approval of subdivision maps are found in the town's subdivision ordinance.

Application Filing and Initial Processing. Where applicable, the procedures of this chapter are carried out after those described in Chapter 13.60, for each application.

Purpose. Zoning clearance is the procedure used by the town to verify that a proposed structure or land use complies with the permitted list of activities allowed in the applicable zoning district, and the development standards applicable to the use.

Applicability. Where Division 2 or other provision of this title requires a zoning clearance as a prerequisite to establishing a land use, the zoning clearance shall be required at the time of department review of any building, grading, or other construction permit, or other authorization required by this title for the proposed use.

Review and Approval. The director shall issue the zoning clearance after determining that the request complies with all provisions of this title applicable to the proposed use. An approval may be in the form of a stamp, town staff signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the director.

Purpose. This section establishes procedures for the granting of ministerial limited-term permits for short-term activities.

Applicability. A limited-term permit allows the short-term activities listed in subsection E, that may not comply with the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.

Review Authority. Limited-term permits may be approved or disapproved by the director, in compliance with this section.

Exempt Temporary Activities. The following temporary activities are allowed without the necessity of obtaining a limited-term permit. Temporary activities that do not fall within the following categories shall comply with subsection E.

Allowed Temporary Uses. A limited term permit may authorize the following temporary activities within the specified time limits, but in no event for more than twelve months. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the land use permit requirements and development standards that otherwise apply to the property.

Development Standards. The director shall establish the following standards based on the type of temporary use, using the requirements of the applicable zoning district and Divisions 3 and 4 for guidance:

Application Filing and Processing. An application for a limited-term permit shall be filed and processed in compliance with Chapter 13.60. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection F.

Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this title.

Findings and Decision. A limited-term permit may be approved by the director only after the director first finds that the requested activity complies with applicable standards, and therefore the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity.

Post Approval Procedures. The procedures and requirements in Chapter 13.64, and those related to appeals and revocation in Division 7, shall apply following the decision on a limited-term permit application.

Purpose. Design review is intended to ensure that the design of proposed development and new land uses assists in maintaining and enhancing the small-town, historic, and rural character of the community. Therefore, the purposes of these procedures and requirements are to:

Applicability. Design review approval shall be required for the following:

Review Authority. Design review shall be conducted by the commission for any project that requires the approval of a use permit, variance, or master development plan, and by the director for any project that requires a minor use permit, minor variance, zoning clearance, or subdivision approval for five or more parcels.

Application Filing and Processing. An application shall be prepared, filed, and processed in compliance with Chapter 13.60. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection F.

Project Review and Findings. The applicable review authority shall evaluate each proposed project to ensure that the project:

Decision. The review authority shall approve or disapprove an application for design review approval concurrently with the approval or disapproval of any other land use permit (i.e., master development plan, use permit, minor use permit, variance or minor variance, zoning clearance) required for the project, if the design review application is filed with the town at the same time. Design review approval shall require that the review authority first find that the project, as proposed or with changes resulting from the review process and/or conditions of approval, will comply with all project review criteria in subsection E.

Conditions of Approval. The review authority may require any reasonable conditions of approval to ensure that the project will comply with the findings required by subsection F.

Post Approval Procedures. The procedures and requirements in Chapter 13.64, and those related to appeals and revocation in Division 7, shall apply following the decision on an application for design review.

Exceptions. The design review process shall not apply to projects performing an Urban Lot Split, as defined in Section 13.80.020.

Purpose. A use permit or minor use permit provides a process for reviewing uses and activities that may be appropriate in the applicable zoning district, but whose effects on site and surroundings cannot be determined before being proposed for a specific site.

Applicability. A use permit or minor use permit is required to authorize proposed land uses identified by Division 2 as being allowable in the applicable zoning district subject to the approval of a use permit or minor use permit.

Review Authority. Use permits shall be approved or disapproved by the commission; minor use permits shall be approved or disapproved by the director, provided that the director may choose to refer any minor use permit application to the commission for hearing and decision. A minor use permit application shall be determined exempt from the California Environmental Quality Act (CEQA) in compliance with state law and the town's CEQA Guidelines or it shall be processed as a use permit.

Application Filing and Processing. An application for a use permit or minor use permit shall be completed, filed and processed in compliance with Chapter 13.60. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection F.

Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this title.

Findings and Decision. The review authority may approve or disapprove an application for use permit or minor use permit approval. The review authority shall record the decision and the findings on which the decision is based. The review authority may approve a use permit or minor use permit only after first finding all of the following:

Conditions of Approval. In approving a use permit or minor use permit, the review authority may impose any reasonable conditions (e.g., the placement, height, nature and extent of the use; buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, time limits, etc.), including conditions which establish standards for development that are more restrictive than the applicable requirements of this title, to ensure that the approval will comply with the findings required by subsection F.

Post Approval Procedures. The procedures and requirements in Chapter 13.64, and those related to appeals and revocation in Division 7, shall apply following the decision on an application for use permit or minor use permit approval.

Purpose. This section allows variances from the development standards of this title only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical conditions, the strict application of the standards denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.

Applicability. A variance may be granted to waive or modify any requirement of this title except: allowed land uses; residential density; specific prohibitions (for example, prohibited signs), or procedural requirements.

Review Authority. A variance application shall be reviewed, and approved or disapproved by the commission, except that the director may grant a minor variance to reduce any of the following requirements of this title up to a maximum of twenty-five percent.

Application Filing and Processing. An application shall be filed in compliance with Chapter 13.60. It is the responsibility of the applicant to provide evidence in support of the findings, as required by subsection F.

Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with this section, and all other applicable requirements of this title.

Findings and Decision. The review authority may approve a variance or minor variance, with or without conditions, only after first making all of the following findings, as applicable.

Conditions of Approval. In approving a variance, the review authority:

Post Approval Procedures. The procedures and requirements in Chapter 13.64, and those related to appeals and revocation in Division 7, shall apply following the decision on an application for a variance or minor variance.

Purpose. Where required by the applicable zoning district, a master development plan provides a process for the review of initial parcel development in relation to surrounding sites in the same district, on parcels where sensitive site characteristics, general plan policies, complex and/or multi-use projects, require comprehensive review by the town, including planning commission input, and a decision by the council.

Applicability. A master development plan is required to authorize proposed land uses identified by Division 2 as being allowable in the applicable zoning district subject to the approval of a master development plan.

Review Authority. A master development plan shall be approved or disapproved by the council after review and a recommendation by the commission.

Application Filing and Processing. An application for a master development plan shall be completed, filed and processed in compliance with Chapter 13.60, and any requirements of the applicable zoning district. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection F.

Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this title.

Findings and Decision. The review authority may recommend or approve a master development plan only after first finding all of the following:

Conditions of Approval. In approving a master development plan, the review authority may impose any reasonable conditions (e.g., the placement, height, nature and extent of the use; buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, time limits, etc.) to ensure that the approval will comply with the findings required by subsection F.

Post Approval Procedures. The procedures and requirements in Chapter 13.64, and those related to appeals and revocation in Division 7, shall apply following the decision on an application for master development plan approval.

As a condition of approval of a variance, minor use permit, or use permit, upon a finding that the town's health, safety and welfare warrant, the review authority may require the execution of a covenant to deposit security, and the deposit of security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of the variance, minor use permit or use permit in the event that the obligor fails to perform. The security shall, as required by law or otherwise at the option of the town, be in the form of cash, a certified or cashier's check, or a faithful performance bond executed by the applicant and a corporate surety authorized to do business in California. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the director.

Any security required in compliance with this section shall be payable to the town.

Upon satisfaction of all applicable provisions of this section, the security deposit will be released. However, upon failure to perform any secured condition, the town may perform the condition, or cause it to be done, and may collect from the obligor, and surety in case of a bond, all cost incurred thereto, including engineering, legal, administrative, and inspection costs. Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the work, except that, to the extent that the director can demonstrate to the satisfaction of the town manager that the obligor willfully breached an obligation in a manner that he or she knew or should have known would create irreparable harm to the town, the entire amount of the bond or deposit may be withheld. The town manager's determination may be appealed to the town council by the obligor by filing an appeal with the town clerk within ten days after the decision.

Time Limits.

Extensions of Time. Upon written request by the applicant, the director may extend the time for an approved land use permit to be exercised.

Effect of Expiration. After the expiration of a land use permit in compliance with subsection (A)(1), no further work shall be done on the site until a new land use permit and any required building permit or other town permits are first obtained.

Application. An applicant shall request a desired change in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. A change may be requested either before or after construction, or establishment and operation of the approved land use.

Public Hearing. If the original project approval required public notice and a hearing, public notice shall be provided, and the review authority shall conduct a public hearing on the requested changes in compliance with Chapter 13.78.

Changes Approved by Director. The director may authorize one or more changes to an approved site plan, architecture, or the nature of the approved land use where the director first finds that the changes:

Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria in subsection C shall only be approved by the original review authority for the project through a new permit application processed in compliance with this title.

Hearings and Notice.

Review Authority Action. A land use permit may be revoked or modified by the review authority that originally approved the permit (e.g., director, commission or council), after first making one or more of the following findings:

Effect of Revocation. The revocation of a land use permit shall have the effect of terminating the permit and denying the privileges granted by the original permit.