Chapter 23.14
GENERAL APPLICATION PROCESSING PROCEDURES
Sections:
23.14.010 Application submittal.
23.14.020 Determination of completion.
23.14.040 Public hearing for quasi-judicial and legislative permits and entitlements.
23.14.050 Approving authority.
23.14.010 Application submittal.
All applications for land use and development permits and actions pertaining to this title shall be submitted to the Development Services Department on a City application form, together with all fees, plans, maps, and any other information required by the Development Services Department. Every application for a land use or development permit shall include a completed application form designated for the particular request, applicant signature(s), agent authorization as appropriate, and processing fee(s) established by City Council resolution. Additionally, each application requires the submittal of particular maps, plans, and other data about the project development, project site and vicinity deemed necessary by the Development Services Director to provide the approving authorities with adequate information on which to base decisions. Each permit application form lists the necessary submittal materials for that particular type of permit. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 26-2006 §3, eff. 8-11-2006]
23.14.020 Determination of completion.
A. Application Completeness. Within thirty (30) days of application submittal, the Development Services Director shall determine whether or not the application is complete. The applicant shall be notified in writing of the determination either that:
1. All the submittal requirements have been satisfied and that the application has been accepted as complete; or
2. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with City standards and requirements. The applicant may appeal the determination in accordance with EGMC Section 23.14.060, Appeals, and the Permit Streamlining Act (Section 65943 of the California Government Code).
In order to expedite the determination of completeness for administrative permits and actions issued by the Development Services Director (zoning clearance, temporary use permits, minor deviations, minor use permits), administrative permit applications shall be deemed complete within ten (10) working days unless the applicant is otherwise notified in writing within that time period of additional information necessary to complete the application.
B. Incomplete Application. If additional information or submittals are required and the application is not made complete within six months of the completeness determination letter, the application shall be deemed by the City to have been withdrawn, and no action will be taken on the application. Unexpended fees, as determined by the Development Services Director, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials, must then be filed in compliance with this chapter. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 26-2006 §3, eff. 8-11-2006]
23.14.030 Application review.
After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). The Development Services Director will consult with other departments as appropriate to ensure compliance with all provisions of the Elk Grove Municipal Code and other adopted policies and plans. The Development Services Director will prepare a report to the designated approving authority (Planning Commission and/or City Council) describing the project, along with a recommendation to approve, conditionally approve, or deny the application. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 26-2006 §3, eff. 8-11-2006]
23.14.040 Public hearing for quasi-judicial and legislative permits and entitlements.
A. Public Hearing Required. The following procedures shall govern the notice and public hearing, where required, for consideration of a quasi-judicial or legislative permit or entitlement(s). In accordance with planning and zoning law, the Subdivision Map Act, and the California Environmental Quality Act, public hearings shall be required for all quasi-judicial permits and legislative actions of the City, including, but not limited to, minor deviation, variance, use permits (both minor conditional and conditional), design review (both minor and major), specific plans, special planning areas, zoning amendments, and General Plan amendments. The hearing(s) shall be held before the designated approving authority as identified in this title. Notice of the hearing(s) shall be provided as described below.
B. Project Application Noticing on Site. Within thirty (30) days of submittal of a development application, the City shall post the project site with a sign identifying the existence of the application. Said sign shall remain on site until the project is decided or withdrawn as outlined in this division. The method, size, and message of the notice shall be as determined by the Development Services Director so as to reach the largest reasonable audience without impacting public safety. The fees for developing and establishing the on-site notice shall be established by resolution of the City Council. On-site signs identifying a current development application shall be posted for the following requests:
1. General Plan amendment;
2. Rezone;
3. Specific plan amendment;
4. Special planning area amendment;
5. Major design review;
6. Tentative subdivision map;
7. Conditional use permit; or
8. Any application for design review for multifamily development.
C. Notice of Hearing. Pursuant to Section 65091 of the California Government Code, not less than ten (10) days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, a general explanation of the matter to be considered, and a general description of the real property (text or diagram), if any, which is the subject of the hearing.
1. Notice of the public hearing shall be published in at least one (1) newspaper of general circulation in the City.
2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners and tenants of property within a radius of five hundred (500' 0") feet of the exterior boundaries of the property involved in the application, using for this purpose that last known name and address of such owners as shown upon the current Tax Assessor’s records. Exceptions to the five hundred (500' 0") foot mailing radius requirement are as follows:
a. For all properties within the Rural Area Community Plan or the Triangle Sub-Area of the Eastern Elk Grove Community Plan, notices shall be mailed to owners of property and residents/occupants, as applicable, within one thousand (1,000' 0") feet of the boundary of the property that is the subject of the application.
b. For drive-through uses in the rural commercial combining zone (RUC), notices shall be mailed to owners of property and residents/occupants, as applicable, within two thousand (2,000' 0") feet of the boundary of the property that is the subject of the application.
c. For regional projects, notices shall be mailed to owners of property and residents/occupants, as applicable, within two thousand (2,000' 0") feet of the boundary of the property that is the subject of the application. A regional project shall include a new specific plan, a new special planning area, any project for which an environmental impact report is required pursuant to the California Environmental Quality Act, or any other project determined by the Development Services Director to be a regional project.
d. For properties within all zoning districts, a minimum of thirty (30) parcels shall be notified. If this minimum standard is not met, the notification distance shall be increased in one hundred (100' 0") foot intervals until the standard is achieved.
e. The president or chairperson of all neighborhood associations or community groups in the City’s neighborhood association index which have boundaries that overlap any of the noticing radii defined above shall also receive a notice of all public hearings to the extent that address of such associations or groups are on file with the Development Services Department. Mailings to such organizations shall not be counted toward the thirty (30) parcel minimum defined above.
3. With the exception of private development applications, if the number of owners and residents/occupants receiving mailed notice of the public hearing in accordance with subsection (C)(2) of this section exceeds one thousand (1,000), the City may, in lieu of mailed notice, provide notice by placing a display advertisement of at least one-eighth (1/8) page in one (1) newspaper of general circulation within the City. This published notice shall satisfy the published notice as required under subsections (C)(1) and (C)(2) of this section.
4. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner’s authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project.
5. In addition to the notices required by this section, the City may give notice of the public hearing in any other manner it deems necessary or desirable. [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 14-2017 §3 (Exh. C), eff. 6-23-2017; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 23-2014 §3 (Exh. A), eff. 10-10-2014; Ord. 27-2013 §4, eff. 2-7-2014; Ord. 8-2011 §7(A), eff. 6-24-2011; Ord. 16-2009 §3, eff. 9-25-2009; Ord. 3-2008 §3, eff. 3-14-2008; Ord. 26-2006 §3, eff. 8-11-2006]
23.14.050 Approving authority.
A. Approving Authority. The approving authority for each of the City’s permits or decisions is listed in Table 23.14-1. Table 23.14-1 identifies both recommending and approving authorities for each permit or action, and the corresponding section of this title where the permit or decision is described. When a proposed project requires more than one (1) permit with more than one (1) approving authority, all project permits shall be processed concurrently and final action shall be taken by the highest-level designated approving authority for all requested permits. In acting on a permit, the approving authority shall make the applicable findings as established in EGMC Chapter 23.16, Permit Requirements, and as may be required by other laws and regulations. An action of the designated approving authority may be appealed pursuant to procedures set forth in EGMC Section 23.14.060, Appeals. This section shall apply to the permits and entitlements listed in Table 23.14-1. All other permits and entitlements under this code, including, without limitation, boundary line adjustments and voluntary parcel mergers, may be processed separately to the designated approving authority or concurrently to the highest approving authority with all other project entitlements, all in the Development Services Director’s discretion.
|
Type of Permit, Entitlement, or Decision |
Description (EGMC Section) |
Designated Approval Authority1 |
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|---|---|---|---|---|---|
|
Development Services Director |
Zoning Administrator |
Planning Commission |
City Council |
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|
Administrative Permits |
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|
Official zoning interpretation |
Recommending |
--- |
Final |
--- |
|
|
Similar use determination |
Final |
--- |
--- |
--- |
|
|
Zoning clearance/plan check |
Final |
--- |
--- |
--- |
|
|
Minor deviation |
Final |
--- |
--- |
--- |
|
|
Minor uniform sign program |
Final |
--- |
--- |
--- |
|
|
Temporary use permit |
Final |
--- |
--- |
--- |
|
|
Special parking permit |
Final |
--- |
--- |
--- |
|
|
Reasonable accommodation |
Final |
--- |
--- |
--- |
|
|
Master home plan – design review |
Final |
--- |
--- |
--- |
|
|
Outdoor activity design review |
Final |
--- |
--- |
--- |
|
|
Quasi-Judicial Permits and Entitlements |
|||||
|
Map extension (tentative subdivision, vesting tentative subdivision, tentative parcel) |
Recommending |
Final |
--- |
--- |
|
|
Minor design review |
Recommending |
Final |
--- |
--- |
|
|
Affordable housing streamlined approval |
23.17 |
Recommending |
Final |
--- |
--- |
|
Density bonus |
23.50 |
Recommending |
Final |
--- |
--- |
|
Major uniform sign program |
Recommending |
--- |
Final |
--- |
|
|
Variance |
Recommending |
--- |
Final |
--- |
|
|
Minor conditional use permit |
Recommending |
Final |
--- |
--- |
|
|
Conditional use permit |
Recommending |
--- |
Final |
--- |
|
|
Major design review |
Recommending |
--- |
Final |
--- |
|
|
Subdivision design review |
Recommending |
--- |
Final |
--- |
|
|
District development plan design review |
Recommending |
--- |
Final |
--- |
|
|
CIP design review |
Recommending |
--- |
Recommending |
Final |
|
|
Cluster development permit |
Recommending |
--- |
Final |
--- |
|
|
Tentative parcel map |
22.20 |
Recommending |
--- |
Final |
--- |
|
Tentative subdivision map |
22.20 |
Recommending |
--- |
Final |
--- |
|
Legislative Approvals |
|||||
|
Special planning area (establishment and amendment) |
Recommending |
--- |
Recommending |
Final |
|
|
Specific plan (establishment and amendment) |
Recommending |
--- |
Recommending |
Final |
|
|
Zoning amendment (text and map) |
Recommending |
--- |
Recommending |
Final |
|
|
Community plan (establishment and amendment) |
Recommending |
--- |
Recommending |
Final |
|
|
General Plan amendment |
Recommending |
--- |
Recommending |
Final |
|
|
Prezoning |
Recommending |
--- |
Recommending |
Final |
|
|
Development agreement (establishment and amendment) |
Recommending |
--- |
Recommending |
Final |
|
Notes:
1. All listed actions are subject to appeal pursuant to EGMC Section 23.14.060.
B. Development Services Director/Zoning Administrator Elevations.
1. At any point in the application review process, any permit or entitlement where the Development Services Director or Zoning Administrator is identified as the approval authority may be elevated (or transferred) to the next highest approval authority, meaning that approvals of the Development Services Director would be elevated to the Zoning Administrator, and approvals of the Zoning Administrator may be elevated to the Planning Commission. A permit or entitlement request elevated to the Zoning Administrator may be further elevated to the Planning Commission. Such elevation may occur because of policy implications, unique or unusual circumstances, the magnitude of the project, or other reasons as determined by the approving authority or as provided in this title.
2. Public Hearing. An elevated application shall be considered at a noticed public hearing. Noticing shall occur pursuant to the provisions of EGMC Section 23.14.040.
3. Elevation Is Not an Appeal. An elevation to another decision-maker is not an appeal and requires no appeal application or fee.
4. Subsequent Applications. The approval authority of an elevated application shall consider subsequent amendments or revocations of the referred application. Extensions of time for a prior elevated approval shall be processed pursuant to EGMC Section 23.18.060 (Permit extension). [Ord. 12-2022 §3 (Exh. A), eff. 6-24-2022; Ord. 16-2021 §4 (Exh. B), eff. 9-10-2021; Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 6-2019 §3 (Exh. A), eff. 4-26-2019; Ord. 20-2018 §3 (Exh. A), eff. 11-9-2018; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 31-2014 §3 (Exh. A), eff. 2-13-2015; Ord. 23-2014 §3 (Exh. A), eff. 10-10-2014; Ord. 27-2013 §4, eff. 2-7-2014; Ord. 8-2011 §7(B), eff. 6-24-2011]
23.14.055 Permit issuance.
A. Administrative Permits and Actions. The final action on any administrative permit and action by the designated approving authority shall constitute approval of the permit. Unless otherwise specified, such permit shall only become valid after the designated ten (10) day appeal period has been completed.
B. Quasi-Judicial Permits and Actions. The final action on any quasi-judicial permit and action by the designated approving authority shall constitute approval of the permit. Unless otherwise specified, such permit shall only become valid after the designated ten (10) day appeal period has been completed.
C. Legislative Actions. Adoption of the legislative action by ordinance (or resolution in the case of General Plan amendments) of the City Council shall constitute final action and approval of the action. Authorization for construction and occupancy in accordance with the action may only be granted after the effective date of the action. [Ord. 8-2011 §7(C), eff. 6-24-2011]
23.14.060 Appeals.
A. Purpose. This section identifies the procedures for filing and processing an appeal consistent with Section 65904 of the California Government Code. Where the appeal provisions of this section conflict with other provisions of the Elk Grove Municipal Code, the appeal provisions of this section shall apply with regard to planning and zoning matters.
B. Appeal Applicability and Authority. Any person dissatisfied with an interpretation or action of the Development Services Director, Zoning Administrator, or Planning Commission made pursuant to this division, whether an initial decision or a subsequent appeal, may appeal such action to the next highest authority as described in Table 23.14-2 with the City Council being the final appeal authority. Actions by the City Council are final and not subject to appeal.
|
Action by This Authority |
Shall Be Appealed to This Authority |
|
|---|---|---|
|
Planning Commission |
City Council |
|
|
Development Services Director |
X |
|
|
Zoning Administrator |
X |
|
|
Planning Commission |
|
X |
C. Filing an Appeal. All appeals shall be submitted in writing, identifying the action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within ten (10) days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by City Council resolution, and submitted to the City Clerk. The filing of an appeal shall stay the issuance of subsequent permit(s) (e.g., building permits).
D. Notice and Schedule of Appeal Hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within forty-five (45) days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of EGMC Section 23.14.040, Public hearing for quasi-judicial and legislative permits and entitlements.
E. Appeal Hearing and Action. Each appeal shall be considered a de novo (new) and the appeal authority may reverse, modify or affirm the decision in whole or in part. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may modify, delete, or add such conditions as it deems necessary. The appeal authority may also refer the matter back to the original approving authority for further action. The action of the appeal authority is final on the date of decision and may not be further appealed. [Ord. 14-2017 §3 (Exh. C), eff. 6-23-2017; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 23-2014 §3 (Exh. A), eff. 10-10-2014; Ord. 27-2013 §4, eff. 2-7-2014; Ord. 26-2006 §3, eff. 8-11-2006]