This chapter establishes general provisions that apply to the submittal and processing of an application for a discretionary permit.

Application for any permit shall be made by the property owner or authorized agent, to the Community Development Director on forms prescribed for this purpose, accompanied by the required deposit. The application shall provide any other information, plans, and maps prescribed by the Community Development Director as may be necessary for adequate review of the application.

Applications procedures and processing time frames shall be in accordance with state law and procedural guidelines established by the Community Development Director.

For the purpose of reimbursing the city for administration of this title, the City Council, shall, by resolution, from time to time set the amount of fees and penalties to be charged for the processing of all applications and appeals provided for in this title. All applications filed pursuant to this title shall be subject to NMC Chapter 15.92 (Development Project Processing Fees).

The California Environmental Quality Act of 1970 (CEQA) and city guidelines, as amended, require environmental review of all projects that must obtain discretionary approval from the city. The intent of the review process is to evaluate and make publicly known the possible impacts of proposed projects on the environment and to mitigate significant adverse impacts. Each project is evaluated by Community Development Department staff according to CEQA guidelines.

When a public hearing is required, notice shall be provided. If the matter to be considered at the hearing is a zoning ordinance or amendment to a zoning ordinance as set forth under California Government Code Section 65853, notice of the Planning Commission and City Council hearings shall be issued separately, with the 10-day notice of the City Council's hearing issued after the recommendation of the Planning Commission has been received.

The hearing body, on its own motion, may continue a hearing from time to time. No additional notice shall be required for the continuance of a noticed public hearing to a specific date. At his own discretion an applicant may request that his or her project be acted upon rather than continued.

Each application that goes to the City Council from the Planning Commission, whether by appeal or as required by state law or provisions of this title, shall appear on the City Council's next available agenda after the Planning Commission's hearing on the application. The City Clerk shall set the matter for hearing.

Compliance with public notice requirements prescribed by this title shall be deemed sufficient notice to allow the city to proceed with a public hearing and take action on an application regardless of actual receipt of mailed or delivered notice. No action, inaction or recommendation regarding any development by the Planning Commission or City Council shall be held void or invalid or be set aside by any court by reason or error or omission pertaining to the notices, including the failure to give any notice required by this section, unless the Court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probably if such error or omission had not occurred or existed. There shall be no presumption that the error or omission is prejudicial or that injury was done if error or omission is shown.

A permit approved by the Community Development Director or Planning Commission shall become effective the day following the expiration of the appeal period as specified in Chapter 17.70 unless appealed. A permit approved by the City Council shall become effective the day following the Council decision, except for zoning amendments. See Chapter 17.66 for zoning amendments.

Any permit shall run with the land and shall continue to be valid for the time frame specified whether or not there is a change of ownership of the site or structure to which it applies.

A permit may be extended in accordance with Section 17.68.140 if the application for extension is made prior to expiration, and the extension is supported by the findings required for the issuance of the original permit.

A permit that is exercised in violation of a condition of approval or a provision of this chapter may be revoked, as provided in Chapter 17.72 (Enforcement).

If an application for a permit is denied or revoked, no new application for the same or substantially the same, permit shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice.