Winters City Zoning Code
CHAPTER 17
16 APPLICATIONS AND PUBLIC HEARINGS
§ 17.16.010 Application form.
The community development director shall prescribe the form for each application required under this title. The director may require an applicant to submit information and supporting data considered necessary to the processing of each application and may include information specified elsewhere in this title. To the degree possible, a multipurpose application form shall be used.
(prior code § 8-1.4201; Ord. 97-03 § 2 (part))
§ 17.16.020 Fees fixed by city council.
The city council shall, by resolution, fix the fees to be charged for the filing and processing of each application, including appeals.
(prior code § 8-1.4202; Ord. 97-03 § 2 (part))
§ 17.16.030 Property owner/agent verification required.
The property owner or his or her qualified agent shall be required to sign the application form authorizing submittal and processing of the application. The community development director may require an agent to submit evidence of authority to act for the property owner.
(prior code § 8-1.4203; Ord. 97-03 § 2 (part))
§ 17.16.040 Application processing and public hearings.
A.
Determination of Completeness.
The city shall determine in writing whether an application is complete within thirty (30) days of acceptance for filing (Government Code Section 65943). While conducting this review for completeness, the staff shall be alert for environmental issues that might require preparation of an EIR or that may require additional explanation by the applicant (CEQA Guidelines Section 15060).
If the application is incomplete a letter shall be sent to the applicant within the thirty (30) day period containing a written specification as to why it is not complete and with suggested revisions to ensure completeness. The applicant has thirty (30) days to provide a specified number of copies of the requested information and the city has thirty (30) days to determine whether the application as amended is complete. This cycle may be repeated one more time. If the application is still determined to be incomplete, the project shall be deemed withdrawn, unless an appeal is filed regarding the determination. A notice of the withdrawal shall be sent to the applicant. If a dispute arises as to the completeness of the amended application, the applicant may appeal the matter within fifteen (15) days of the date of the city's last determination of incompleteness to the decision-making body that will first consider the project. There shall be a final written determination on the appeal within sixty (60) days after receipt of the applicant's written appeal. Refer to Section 17.16.070 for further information.
If the application is not found to be complete within thirty (30) days and if the city has not requested additional information, the application is "deemed" complete on the thirtieth (30th) day.
B.
Unreasonable Delay.
If an applicant unreasonably delays meeting city requests for additional information necessary to complete the environmental review process, or misses any time period contained herein, the city may:
1.
Suspend the running of the time periods until all necessary information has been submitted; or
2.
Obtain from the applicant a one-time ninety (90) day extension of the deadline for final action (see Government Code 65950.1; and CEQA Guidelines Sections 15108 and 15111c).
Notwithstanding Section 65952.2 of the Government Code, if the requested information is not provided within sixty (60) days from the date an unreasonable delay is first identified, the application shall be deemed withdrawn by operation of this section and all processing fees forfeited.
C.
Public Hearings.
When a completed application requires a public hearing, the director shall fix the time for the holding of the hearing in accord with the provision of this title and state law, including California Government Code Section 65090 and 65091, as applicable. A decision on the application shall be made in accord with the time-line provisions of the Permit Streamlining Act.
(prior code § 8-1.4204; Ord. 97-03 § 2 (part); Ord. 2001-06 § 2)
§ 17.16.050 Ministerial permits.
A.
Purpose. Ministerial actions, as noted herein, shall be subject to review and approval by the community development director and, as applicable, city engineer, to ensure project consistency with this title, the municipal code and applicable provisions of state law.
B.
Ministerial Projects. The following is a list of projects which typically are classified as being ministerial. The community development director and/or city engineer retain the authority to seek guidance or discretionary approval from a reviewing body if the nature of a proposed project warrants such action:
1.
Building permits and tenant improvements, where the proposed use or structure does not trigger discretionary review under the terms of this title (such as for certain types of remodeling), or when such discretionary review has been completed;
2.
Demolition permits;
3.
Grading permits where the intended use of land does not trigger discretionary review under the terms of this title, or when such discretionary review has been completed;
4.
Site plans in conjunction with a building or grading permit, except where planning commission design review is required as noted elsewhere in this title;
5.
Certificates of occupancy;
6.
Lot line adjustments; (Note: The community development director and city engineer may refer a lot line adjustment application to the planning commission for action if it is determined that the adjustment has the potential to significantly enhance the developability of one or more lots.)
7.
Certificates of compliance;
8.
Accessory dwelling units; and
9.
Voluntary lot mergers.
(prior code § 8-1.4209; Ord. 97-03 § 2 (part); Ord. 2015-05 § 3; Ord. 2017-01 § 3 (part))
§ 17.16.060 Other permits and applications.
A.
Purpose.
The purpose of this section is to identify how other development permits and applications may be processed and considered relative to the terms of this title.
B.
Review and Action—Relationship to Zoning Ordinance.
1.
The city shall process and take action on other development projects, including general plan amendments, specific plans and subdivisions, in accord with applicable provisions of the Municipal Code and state law.
2.
Where such projects either directly or indirectly relate to the provisions and purposes of this title, consideration shall be given as to consistency between this title and the development project.
(prior code § 8-1.4210; Ord. 97-03 § 2 (part))
§ 17.16.070 Appeals.
Unless expressly prohibited or as otherwise noted in this title, an appeal of any action undertaken pursuant to this title shall be appealed in the manner prescribed in Chapter 2.44 of the Municipal Code.
(prior code § 8-1.43; Ord. 97-03 § 2 (part))
