Pacific Grove City Zoning Code
CHAPTER 23
72 PERMIT APPLICATION FILING AND PROCESSING
§ 23.72.010 Purpose.
This chapter provides procedures and requirements for the preparation, filing, and processing of applications for the community development permits required by these regulations. A complete listing of community development permits is provided in Table 23.70.012-1, Types of Review, Applications, and Roles of Review Authorities.
(Ord. 11-001 § 2, 2011)
§ 23.72.020 Concurrent permit processing.
When a single project incorporates different land uses or features so that these regulations require two or more permit applications, the chief planner may determine that all of the applications shall be reviewed, and approved or disapproved, by the highest-level review authority assigned by Table 23.70.012-1 to any of the required applications. For example, a project that requires a zoning map amendment and a use permit may be reviewed, and approved or disapproved, by the council (after a recommendation from the planning commission), where a use permit application by itself may be reviewed and acted upon by the planning commission.
(Ord. 11-001 § 2, 2011)
§ 23.72.030 Preapplication meeting for complex or sensitive projects.
A prospective applicant is strongly encouraged to request a preapplication meeting with the department before submittal of projects of greater complexity, such as those involving multiple permits, those that are located in the coastal zone or an archaeologically or biologically sensitive area, or some combination of these factors. The purpose of this meeting is to inform the applicant of city requirements as they apply to the proposed project, identify other entities (such as the Coastal Commission) that may have jurisdiction, review the city's permit review processes, discuss possible project alternatives or modifications, and identify necessary technical studies and required information relating to the environmental review of the project. Neither the preapplication review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or disapproval of the application/project by department representatives. A fee shall be established for this meeting, pursuant to PGMC § 23.72.040(d).
(Ord. 11-001 § 2, 2011)
§ 23.72.040 Application preparation and filing.
(a)
Application Submittal. Community development permit applications shall be filed with the department using the forms provided by the department. Applications shall include all necessary fees and deposits and all other information and materials required by the department for each application type. It is the responsibility of the applicant to provide information in support of any findings required by Chapter 23.70 PGMC (Community Development Permit Review Authorities and Procedures) for the approval being requested.
(b)
Eligibility for Filing. Applications may be filed only by the owner of the subject property, or other person with the written consent of the property owner.
(c)
Filing Date. The filing date of any application described in this chapter shall be the date when the department receives the last submission of information or materials required by subsection (a) of this section, in compliance with PGMC § 23.72.050 (Initial application review).
(d)
Filing Fees. The council shall establish a schedule of fees for processing community development permits, appeals, and other matters pertaining to these regulations. The schedule of fees is available from the community development department and on the city's website.
(Ord. 11-001 § 2, 2011)
§ 23.72.050 Initial application review.
Applications submitted to the department in compliance with these regulations shall be initially processed as follows:
(a)
Completeness Review. The department shall review all applications for completeness and accuracy before they are deemed complete.
(1)
Criteria for Acceptance. With respect to applications for wireless telecommunications facilities that will be used in the provision of personal wireless services, completeness determinations will be made consistent with federal law. Otherwise, an application shall be deemed complete and processing shall commence only after the department determines that:
(A)
The application includes all information and materials required by PGMC § 23.72.040(a);
(B)
The proposed project is consistent with the general plan, local coastal plan, and any applicable specific plan or development agreement, and the proposed land use is allowable in the applicable zoning district with the approval of the application; and
(C)
The site contains no violation of these regulations, or any permit or other city approval; except that the application may be found complete if the proposed project includes measures in compliance with these regulations to correct any violation, or other means are proposed for addressing any violation, subject to the approval of the city manager.
(2)
Notification of Applicant. The applicant shall be informed in writing, within 30 days of submittal, or such earlier time as may be required under federal law, either that the application is complete and has been accepted for processing, or that the application is incomplete and additional information, specified in the notification, needs to be provided. Every reasonable effort shall be made to inform the applicant as soon as possible.
(3)
Appeal of Determination. Where the department has determined that an application is incomplete, and the applicant believes that the application is complete, or that information requested by the department is not required, the applicant may appeal the determination in compliance with Chapter 23.74 PGMC (Appeals and Call-Ups).
(4)
Expiration of Application. If the applicant fails to provide the additional information specified in the department's notification within six months after the date of the notification, the application shall expire and be deemed withdrawn, unless the department affirmatively determines that reasonable progress toward completion of the application has occurred. After expiration of an application, further processing shall not occur until a new, complete application is submitted. In the case of an application for a wireless telecommunications facility, to ensure that the city complies with applicable federal requirements for action on an application, at any time 10 days after the notification under subsection (a)(2) of this section, the application may be denied in writing if the information requested has not been provided, unless applicant and city reach agreement on an appropriate schedule for consideration of the application.
(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 PGMC § 23.72.060. For applications for wireless telecommunications facilities, information needed may be required to be submitted as part of the application, unless applicant and city reach agreement on an appropriate schedule for consideration of the application.
(b)
Referral of Application. Where otherwise required by these regulations, state law, or federal law, or at the discretion of the chief planner, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.
(Ord. 11-001 § 2, 2011; Ord. 20-001 § 2 (Exh. A), 2020)
§ 23.72.060 Environmental assessment.
After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) and Chapter 23.77 PGMC (Environmental Impact Reports).
(Ord. 11-001 § 2, 2011)
§ 23.72.070 Staff report and recommendations.
(a)
Report Preparation. A staff report shall be prepared for all projects involving a public hearing, except hearings held on architectural permits, administrative architectural permits, architectural design changes, and initial historic screening requests. Staff reports shall evaluate the compliance of the proposed project with applicable city policies, regulations, and requirements. The report shall recommend, with appropriate findings, the approval, approval with conditions, or disapproval of the application, based on the project evaluation, and information provided by an initial study or environmental impact report.
(b)
Report Distribution. Staff reports shall be furnished to applicants at the time that they are provided to the decision-making authority before the public hearing on the application.
(Ord. 11-001 § 2, 2011)
