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Westlake Village City Zoning Code

CHAPTER 9

35.- APPLICATIONS AND FEES

9.35.010.- Purpose.

These provisions are intended to prescribe the filing of applications for permits, amendments and approvals when required by this Article.

(Ord. No. 58, Renumbered, 08/14/85, 9.33.010)

9.35.020. - Filing.

Application for permits, amendments and approvals shall be filed with the City on an application form provided by the City together with all required plans and maps. Such application shall be made by the owner(s) of the property for which the permit is sought, an authorized agent or owner in escrow with written authorization. The lessee of a parcel of land upon which a permit is sought may file an application provided that it is accompanied by written approval of such filing by the owner of such property.

(Ord. No. 58, Renumbered, 08/14/85, 9.33.020)

9.35.021. - Existing Violations.

No application pursuant to this title shall be accepted for processing if there is an existing violation of the Municipal Code on the affected lot or building until the violation is corrected. However, the application may be accepted and processed if the Planning Director determines that the accepting and processing of the application is necessary to correct the existing violation.

(Ord. No. 222-12, § 1, 12-12-2012)

9.35.030. - Supplemental Reports.

As part of a development application for a site located within or adjacent to a biologically-significant habitat or within a cultural reconnaissance area as identified in the General Plan, an analysis prepared by a qualified biologist or archaeologist (subject to City approval) shall be submitted which evaluates potential project impacts on affected habitats and communities, and recommends measures to mitigate the impacts.

As part of a development application for a site which supports oak trees, a tree report shall be submitted in a form consistent with the requirements of Chapter 9.21 of this Article.

(Ord. No. 58, Renumbered, 08/14/85, 9.33.030; Ord. No. 192-05, Amended, 3/9/05)

9.35.040. - Fee Schedule.

The City Council shall, by resolution, establish a fee schedule for permits, approvals and other matters pertaining to this Article. The fee schedule may include deposit requirements as necessary or appropriate to defray the expense incurred by the City in utilizing consultant firms to assist with processing of particular categories of applications. The fee schedule may be adjusted administratively on an annual basis to reflect consumer price index changes, and may otherwise be modified only by resolution of the City Council. Until all applicable fees and deposits have been paid in full, no action shall be taken on any application, appeal or other matter pertaining to this Article.

(Ord. No. 58, Renumbered, 08/14/85, 9.33.040)

(Ord. No. 227-13, § 2, 10-23-2013)

Editor's note— Ord. No. 227-13, § 2, adopted Oct. 23, 2013, changed the title of § 9.35.040 from "Fees" to "Fee Schedule."

9.35.045. - Deposit Use and Replenishment.

A.

A deposit submitted pursuant to the fee schedule shall be used solely to defray the expense incurred by the City in utilizing consultant firms to assist with processing the subject application.

B.

In the event that a deposit is depleted to the twenty percent (20%) level or below, the Planning Director shall notify the applicant and require that the deposit be replenished to the original level. If the deposit is not fully replenished within thirty (30) days of such notice, no further action shall be taken on the subject application until the replenishment has occurred.

C.

Upon completion of application processing or withdrawal of the application, any unused portion of the deposit shall be refunded to the applicant.

(Ord. No. 227-13, § 3, 10-23-2013)

9.35.050. - Double Fee Penalty.

Notwithstanding Section 9.35.040, as a penalty for violation of law, the fee for a permit required by this Article shall be double the amount prescribed by the schedule of fees whenever a person applies for such permit after having commenced the use for which the permit is required. In instances where no fee is required to apply for a permit, the penalty to be paid shall be two hundred and fifty dollars ($250.00). Payment of such double fee shall not excuse further noncompliance with this Article or preclude the imposition of penalties pursuant to Chapter 1.2 of this Code or any other applicable law.

(Ord. No. 222-12, § 2, 12-12-2012)