Chapter 18.405
PERMIT APPLICATION FILING AND PROCESSING
Sections:
18.405.020 Multiple permit applications.
18.405.030 General application requirements.
18.405.040 Application review.
18.405.050 Neighborhood meeting.
18.405.060 Environmental review.
18.405.080 Evaluation and staff report.
18.405.010 Purpose.
This chapter contains procedures and requirements for the preparation, filing, and processing of discretionary planning permit applications required by the development code. Projects shall complete the applicable pre-application requirements of Chapter 18.402 CDC (Pre-Application Procedures) prior to completing and filing a permit application under this chapter. [Ord. 23-7 § 9 (Exh. A); Ord. 12-4. DC 2012 § 122-867].
18.405.020 Multiple permit applications.
A. Concurrent Filing and Approvals. When a single project requires multiple discretionary permit applications and Table 18.400.020 shows more than one review authority, all applications shall be filed, processed, reviewed, and approved or disapproved concurrently by the highest level of authority required for any one application. For example, a project with a zoning map amendment and use permit shall be filed, processed, reviewed, and approved or disapproved by the city 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. (Similarly, a minor use permit with a major subdivision would be acted upon by the planning commission where the minor use permit by itself would be acted upon by the zoning administrator.)
B. Exceptions.
1. At the discretion of the zoning administrator, a design and site review application in connection with a minor subdivision for single-family dwellings may be processed and reviewed following approval of the minor subdivision and recordation of the parcel map.
2. When state law or the Concord Municipal Code requires ministerial design and site review for a project, the decision to approve or deny the project’s design shall be issued prior to the review authority’s consideration of other discretionary permits required for the project; provided, that the permits to construct the project shall not be issued until all required planning permits have been approved for the project. [Ord. 23-7 § 9 (Exh. A); Ord. 17-5 § 2 (Exh. F); Ord. 12-4. DC 2012 § 122-868].
18.405.030 General application requirements.
A. Submittal Requirements.
1. Application Checklists. The planning division shall prepare and maintain an application checklist or multiple checklists that specify the information required for each type of planning permit application required by the development code. The checklists shall identify application materials such as fees, plans, drawings, statements, photographs, color, and material samples, photo simulations, models, renderings, and other items necessary to show existing conditions and to convey the details of the project.
2. Filing.
a. Each application required by the development code shall be accompanied by the information on all applicable checklists, as identified at the initial meeting (if applicable), in compliance with the procedures listed in this chapter.
b. The planning division may authorize use of a single application form and submittal materials for multiple land use applications required by the development code.
3. Additional Information. The planning division may require additional information as necessary to determine the level of environmental review required pursuant to the California Environmental Quality Act (CEQA) and any adopted city environmental review procedures.
4. Eligibility for Filing. Applications shall be filed by the owner of the subject property, authorized agent, or representative, with the written consent of the property owner.
5. Fees. All required fees shall accompany each application. Fees are established by the city council resolution of fees and charges for various municipal services, in effect as of July 1st of any given year (hereby referred to as the “city or city’s fee schedule”). No application shall be deemed complete and processing shall not commence on any application until all required fees and deposits have been paid.
6. Public Information. All submitted materials become the property of the city and will be available to the public. Any person may review an application and supporting materials in the planning division offices, subject to city procedures. Copies of such materials shall be made available at cost as established by the city. [Ord. 23-7 § 9 (Exh. A); Ord. 12-4. DC 2012 § 122-869].
18.405.040 Application review.
A. Development Advisory Committee.
1. The development advisory committee (DAC) comprised of city staff shall review legislative or discretionary applications for completeness, consistency with city requirements, and accuracy before accepted as a complete application and officially filed. The determination of completeness shall be based on the city’s application checklist for each type of application filed, in addition to other information identified by city staff in the preliminary application meeting.
2. Application materials shall be distributed to DAC members and referred to any public agency that may be affected by or have an interest in the proposed project, at the discretion of the planning division, or where otherwise required by the development code, local, state, or federal law.
3. The development advisory committee meeting shall not be construed as a recommendation for approval or denial of the application, project, or use by city staff. Failure by city staff to identify all required studies or all applicable requirements does not constitute a waiver of those requirements.
B. Complete Application.
1. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed, in writing, that the application is complete and has been accepted for processing, or that the application is incomplete and lists the items that need to be submitted in order to deem the application complete.
2. The official filing date of an application shall be the date on which the planning division receives the last submission of a map, plans, or other materials as required to deem the application complete, in compliance with this chapter.
C. Information for Environmental Review. After an application has been accepted as complete, the planning division may require additional information as needed for environmental review of the project.
D. Incomplete Application. When an application is deemed incomplete, the date of any new submittal shall begin another 30-day review period as described above. The time used by the applicant to submit the required information shall not be considered as part of the time within which the determination of completeness shall occur.
E. Expiration of Application.
1. If an applicant fails to provide the additional information required to complete the application, specified in the planning division’s completeness letter, within six months after the date of the first filing of the application, the application shall expire and shall be deemed withdrawn, without any further action by the city.
2. Upon request, the planning division may grant an extension for up to an additional six months, based on reasonable explanation for the delay in submitting the required additional information. Any extension shall be subject to any additional fees.
3. After an application expires, a completely new application shall be filed, including all submittal requirements and current filing fees, in accordance with the requirements of this chapter.
F. Violations on the Site.
1. The planning division may reject and not process an application or find it complete, if any condition exists on the site in violation of the development code, the Concord Municipal Code, or any permit or other approval granted in compliance with the development code or Concord Municipal Code, except for any permit application needed to correct the violation.
2. The planning division authority under this section shall apply whether:
a. The current applicant was the owner of the subject property at the time the violation occurred; or
b. The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property. [Ord. 23-7 § 9 (Exh. A); Ord. 12-4. DC 2012 § 122-871. Formerly 18.405.050].
18.405.050 Neighborhood meeting.
A. When required, applicants shall conduct a neighborhood meeting, in accordance with city procedures, following submittal of a preliminary application under CDC 18.402.030 or formal application to the planning division for the following projects that require discretionary approval:
1. All residential projects or mixed-use projects with at least two-thirds residential floor area that are located within 300 feet of an existing residential use;
2. Nonresidential projects located within 500 feet of a residential district;
3. Complex nonresidential projects with multiple applications;
4. Potentially controversial nonresidential projects; or
5. Nonresidential projects that have the potential to affect surrounding properties;
6. Any project that requires a legislative action such as a general plan amendment or rezoning.
B. Prior to the approval of a residential or mixed-use project subject to ministerial review, the project proponent shall conduct a neighborhood meeting, with meeting notice provided to properties within 500 feet of the project boundaries, if the project proposes five or more dwelling units or lots and the site is located within 500 feet of an existing residential use. To the extent the notification requirement of this section conflicts with Chapter 18.500 CDC (Public Hearings), this section shall apply.
C. Notice of the neighborhood meeting shall be provided to all of the adjacent residents and property owners in accordance with the city’s public notification requirements and procedures as outlined in a handout on file with the planning division.
D. At the meeting, the applicant shall present the project plans and provide basic information about the project, including a site analysis that graphically depicts the existing site and shows the surrounding conditions and neighborhood context.
E. Notwithstanding the above, if the project does not present issues of sufficient concern to warrant a neighborhood meeting, or if the neighborhood meeting would exceed the limit of five hearings or meetings pursuant to California Government Code Section 65905.5, the planning division may waive this requirement.
F. When required, the neighborhood meeting shall be conducted as soon as adequate information on the project has been provided to the city and, when feasible, prior to the application being deemed complete. [Ord. 23-7 § 9 (Exh. A); Ord. 12-4. DC 2012 § 122-872. Formerly 18.405.060].
18.405.060 Environmental review.
After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) and any adopted city environmental review procedures. [Ord. 23-7 § 9 (Exh. A); Ord. 12-4. DC 2012 § 122-873. Formerly 18.405.070].
18.405.070 Revised materials.
A. Whenever an applicant files revised materials, the materials shall be submitted at least 15 days before any scheduled public meeting or hearing on the application, with the exception of plans submitted for design and site review, which may be up to one day prior to the meeting, as determined by the planning division.
B. The planning division may accept revised materials after the above deadline if they determine that there is sufficient time to review the revised materials before the scheduled hearing date.
C. The review authority may continue an application to the next available meeting in order to adequately evaluate any materials received after receipt of the application package. [Ord. 23-7 § 9 (Exh. A); Ord. 12-4. DC 2012 § 122-874. Formerly 18.405.080].
18.405.080 Evaluation and staff report.
A. The planning division shall review all applications for compliance with application requirements and the development code to determine whether they comply and are consistent with the general plan, the provisions of the development code, and other applicable provisions of the Concord Municipal Code .
B. The planning division shall provide a written report to the applicable review authority and a recommendation on whether the application should be approved, approved subject to conditions, or disapproved. The report shall address all findings required by the development code.
C. Staff reports shall be furnished to the applicant at the time they are provided to the review authority, prior to the scheduled hearing. [Ord. 23-7 § 9 (Exh. A); Ord. 12-4. DC 2012 § 122-875. Formerly 18.405.090].