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Yucca Valley City Zoning Code

CHAPTER 9

61 APPLICATION PROCESSING PROCEDURES

9.61.010: PURPOSE:

This chapter establishes the application requirements and noticing provisions necessary to process development proposals in any land use zoning district. (Ord. 243, 10-15-2013)

9.61.020: APPLICATIONS FOR LAND USE DECISIONS:

   A.   Complete Application Required: Any application for a permit or entitlement pursuant to this code must be accepted as complete for processing in order to initiate the official review process. All required materials, information and fees as required by the director shall be provided by the applicant before the application is deemed complete for processing.
   B.   Determination Of Completeness: The director shall determine in writing the completeness of the application and transmit this determination to the applicant within the time limits and in a form and content to be consistent with the types of project applications established by applicable state law and town regulations.
   C.   Time Period For Determining Completeness: The statutory time period of thirty (30) days established by state law for determining completeness shall begin the day the application is made and date stamped. Formal processing of any application pursuant to this code shall commence upon the date the application is accepted as complete, as provided in the state law regarding review and approval of development projects.
   D.   Abandonment Of Application:
      1.   An application for permits or approvals issued in compliance with this development code shall be deemed to have been abandoned when information and/or fees have been requested to complete the application and this information and/or fees have not been received by the planning division within ninety (90) calendar days.
      2.   The director shall notify the applicant by mail of the abandonment. The applicant may provide a written explanation of the delay, stating the date by which the further application material and, when required, further fees will be submitted. If the director finds that special circumstances exist and that unusual hardship to the applicant would result from deeming the application abandoned, the director may appropriately extend the period during which the required material must be submitted. If the required material has not been submitted by the new date, and if the director has not further extended the allowable period for submitting it, the application shall be deemed abandoned without further notification. A notice of abandonment shall thereafter be mailed to the applicant and a copy placed in the applicant's file.
   E.   Additional Information: Notwithstanding any procedures established in this section for determination of completeness, the director may request the applicant to submit additional information in the course of processing the application if such information could not be anticipated as part of the original application. Such a request to clarify, amplify, correct or otherwise supplement submitted information shall not invalidate the original determination that the application was complete at the time the determination was originally made. The director may request any additional information needed to prepare adequate environmental documentation in compliance with the California environmental quality act (CEQA) and applicable guidelines.
   F.   New Application Following Denial: Following the denial of an application for any land use or policy application, no application for the same or substantially the same use or project as determined by the director shall be filed within one year from the effective date of the denial. This provision shall not apply in the case of an application that is denied without prejudice or where otherwise permitted to be filed by a vote of at least two- thirds (2/3) of the approving authority. (Ord. 243, 10-15-2013)

9.61.030: DEVELOPMENT REVIEW COMMITTEE:

   A.   Evaluation Of Proposals By The Development Review Committee (DRC): Development review procedures include evaluation of proposals at a scheduled meeting of the DRC.
   B.   Consideration Of Design And Proposed Conditions: The DRC meeting allows informal discussions between the applicant, town staff, and others regarding the design and proposed conditions for a given proposal. (Ord. 243, 10-15-2013)

9.61.040: ENVIRONMENTAL REVIEW:

   A.   Applications Subject To CEQA: All land use applications that are subject to the California environmental quality act (CEQA) shall be reviewed by the department in compliance with the town's environmental review guidelines.
   B.   Environmental Findings Required: Before taking an action to approve a land use application that is subject to CEQA, the town shall make one or more environmental findings. The environmental finding(s) is required in addition to the findings specified in this development code for each application type. (Ord. 243, 10-15-2013)

9.61.050: MULTIPLE PERMIT APPLICATIONS:

When more than one land use decision is required for a single project, all applications shall be filed concurrently. (Ord. 243, 10-15-2013)

9.61.060: PREAPPLICATION REVIEW:

When the complexity of a land use application warrants, the director may require that the applicant submit materials and attend necessary conferences or hearings to conduct a preliminary review of a development proposal before the acceptance of the application. (Ord. 243, 10-15-2013)

9.61.070: NOTICE OF PENDING LAND USE DECISIONS:

   A.   Public Hearing Or Staff Review With Notice Procedures: Upon receipt of a request for a land use decision that utilizes the public hearing or staff review with notice procedures, the applicable review authority shall give notice specifying the time and place for the decision at least ten (10) calendar days before the date of the scheduled land use approval/denial by the following applicable methods:
      1.   Notice shall be published once in a newspaper of general circulation in the respective community of the proposal for the following land use decisions using the public hearing procedure:
         a.   Amendments to the text of the general plan or a specific plan.
         b.   Development code amendments.
         c.   General plan map amendments.
         d.   Subdivisions, where a tentative and final map are required.
         e.   Conditional use permit and amendments.
         f.   Specific plan and amendments.
         g.   Planned development and amendments.
         h.   Variance.
      2.   Notice shall be given by first class mail to any person who has filed a written request for a specific application.
      3.   Notice shall be given by first class mail or delivery to all surrounding property owners within three hundred feet (300') of the exterior boundaries of the subject site for land use decisions using the public hearing or staff review with notice procedures. Director shall have the discretion to extend the notification radius depending upon project characteristics.
      4.   Notice shall also be given, as required by Government Code section 66451.3, in the case of a conversion of residential real property to a community apartment project, condominium project, or stock cooperative.
      5.   Notice may be given in any other manner as is deemed necessary or desirable by the director.
   B.   One-Eighth Page Optional Notice: A one-eighth (1/8) page legal display advertisement in a newspaper of general circulation may be substituted for individual property owner notice whenever the individual notice would require notification of more than one thousand (1,000) property owners.
   C.   Ownership And Addresses Of Properties: Ownership and addresses of contiguous and surrounding properties shall be determined from the latest equalized tax assessment roll or from other records of the county assessor or county tax collector, whichever contains more recent information.
   D.   Continued Hearings: During the public hearing, items that are continued by the review authority to a specific date shall not be renoticed unless specifically requested by the review authority. (Ord. 243, 10-15-2013)

9.61.080: CONDITIONS OF APPROVAL:

In approving an application for a land use decision, the review authority may establish reasonable conditions to its approval that are found to be necessary to protect the public health, safety, and general welfare that are consistent with the general plan and this development code. (Ord. 243, 10-15-2013)

9.61.090: POSTDECISION NOTICE:

   A.   Provision Of Notice: Within ten (10) calendar days of a final decision on an application for a permit or other approval required by this development code, the town shall provide notice of its final action to the applicant and to any person(s) who specifically requested notice of the town's final action and has provided a self-addressed stamped envelope.
   B.   Contents Of Notice: The notice shall contain the final decision by the review authority. (Ord. 243, 10-15-2013)