SECTION 25.41
APPLICATION FILING, PROCESSING, AND APPROVAL
Sections:
25.41.1 Authority for Land Use and Zoning Decisions
25.41.5 Initial Application Review
25.41.6 Environmental Assessment
25.41.7 Staff Report and Recommendations
25.41.9 Reconsideration of Denied Application
This Section provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits and other entitlements required by this Ordinance.
25.41.1 Authority for Land Use and Zoning Decisions
A. Review Authority. Table 25-19: Review Authority identifies the City official or body responsible for reviewing and making decisions on each type of permit or amendment. For the purposes of this section, the following special terms used in Table 25-19 shall have the following meanings:
1. "Recommend” means that the review authority makes a recommendation on the approval or denial of the request to a higher decision-making body;
2. "Decision” means that the review authority makes the final decision on the matter;
3. "Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Section 25.44 (Appeals); and
A dash indicates that a review authority has no involvement in the matter. For example, Ministerial Actions are not subject to appeal.
B. Director referrals to the Planning Commission. Director referrals to the Planning Commission may occur in the following manner:
1. Required referrals. The Director shall refer any permit over which he or she has discretion to the Commission when the Director determines that the permit will involve:
a. Preparation of an Environmental Impact Report;
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Table 25-19: Review Authority |
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Review Responsibility & Authority (Note 1) |
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Application/Permit Type |
DART |
Plng. & Dev. Director |
Planning Commission |
City |
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Amendments |
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Annexation/Prezoning |
Rec. |
Rec. |
Rec. |
Decision |
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General Plan Amendment |
Rec. |
Rec. |
Rec. |
Decision |
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Specific or Area Wide Plan Adoption or Amendment |
Rec. |
Rec. |
Rec. |
Decision |
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Zoning Map Amendment (rezoning) |
Rec. |
Rec. |
Rec. |
Decision |
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Zoning Ordinance Text Amendment |
- |
Rec. |
Rec. |
Decision |
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Land Use & Development Permits |
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Ministerial |
- |
Decision |
- |
- |
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Minor Discretionary |
- |
Decision |
Appeal |
Appeal |
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Minor Development Review |
Rec. |
Decision |
Appeal |
Appeal |
|
Development Review |
Rec. |
Rec. |
Decision |
Appeal |
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Planned Unit Development |
Rec. |
Rec. |
Decision |
Appeal |
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Conditional Use Permit |
Rec. |
Decision |
Appeal |
Appeal |
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Variance |
Rec. |
Decision |
Appeal |
Appeal |
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Miscellaneous Decisions |
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Business License |
- |
Decision |
- |
- |
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Sign Permits |
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... all signs, except those listed below |
- |
Decision |
Appeal |
Appeal |
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... any free-standing, freeway orientated sign |
- |
Rec. |
Decision |
Appeal |
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... any sign requiring a Variance |
- |
Rec. |
Decision |
Appeal |
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Subdivision Applications |
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Certificate of Compliance |
- |
Decision |
Appeal |
Appeal |
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Lot Line Adjustment |
- |
Decision |
Appeal |
Appeal |
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Lot Merger |
- |
Decision |
Appeal |
Appeal |
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Tentative Parcel Map |
Rec. |
Decision |
Appeal |
Appeal |
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Tentative Subdivision Map |
Rec. |
Rec. |
Decision |
Appeal |
Notes:
(1) Community Services Commission and Planning Area Design Review Committee are also involved in the review of projects within their scope of authority (see Sections 25.41.5 and 25.49).
b. Establishment of an important new policy or precedent, or a change in policy previously established by the Planning Commission or City Council; or
c. Substantial adverse impact on City services or facilities that were not anticipated by previous actions of the Planning Commission and/or City Council.
2. Optional referrals. The Director may refer any permit over which he or she has discretion to the Commission when it involves the following:
a. In the judgment of the Director, the processing of the permit would be expedited by the immediate scheduling the matter for a hearing before the Planning Commission (e.g., in the case of an obvious appeal); or
b. The Planning Commission is to review related application(s), and the referral would facilitate consideration of the whole of the project at one time.
25.41.2 Conceptual Review
A prospective applicant or agent is encouraged to file for Conceptual Review with the Department prior to completion of the final project design and the formal submittal of a permit application. The purpose of Conceptual Review shall be to:
A. Verify the applicable land use regulations, development standards, and design guidelines that apply to the project;
B. Inform the applicant of City requirements as they apply to the proposed development project, review the procedures outlined in this Ordinance, explore possible alternatives or modifications; and
C. Identify any technical studies that may be necessary for the environmental review process when a formal application is filed.
25.41.3 Application Filing
A. Application contents. Applications for permits, amendments, and other matters pertaining to this Ordinance shall be filed with the Department on a City application form, together with all fees, plans, maps, reports, and other information prepared as required by the Application Submittal Requirements instruction list provided by the Department. Applicants are encouraged to contact the Department before submitting an application to verify which materials are necessary for application filing.
B. Eligibility for filing. Applications may only be made by the property owners, their designated agents, or persons who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permits under this Ordinance.
25.41.4 Application Fees
The Council shall, by resolution, establish a schedule of fees for permits, amendments, and other matters pertaining to this Ordinance. The schedule of fees may be changed or modified only by resolution of the Council.
25.41.5 Initial Application Review
Except for approvals that occur over-the-counter (e.g., Zoning Clearance or Minor Discretionary Review permits), all applications filed with the Department as required by this Ordinance shall be initially processed as follows:
A. Completeness review. Within 30 days of the application submittal, the Department shall review the application for completeness and accuracy before accepting it as being complete for processing and officially filed.
1. Notification of applicant. Within 30 days, the applicant shall be informed by a letter either that the application is complete and has been accepted for processing; or that the application is incomplete and that additional information, specified in the letter, must be provided. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness must occur. The time available to an applicant for submittal of additional information is limited by Subsection (A)3.
2. Appeal of determination. Where the Department has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Department is not required, the applicant may appeal the determination in compliance with Section 25.44 (Appeals).
3. Application deemed withdrawn. If the applicant does not complete a pending application, i.e., not accepted as complete by the City, within 60 days after the filing with the Department, the application shall be deemed withdrawn, unless extended by the Director. Any unexpended processing fees shall be refunded to the applicant.
4. Additional information. After an application has been accepted as complete, the Department may require the applicant to submit additional information needed for the environmental review of the project as provided by Section 25.41.6 (Environmental Assessment).
B. Housing Development Consistency Review. Pursuant to Government Code Section 65589.5(j)(2)(A), upon receipt of a complete application for a housing development project, as that term is defined by Government Code Section 65589.5(h)(2), the Department shall review the project for consistency with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time the application is determined to be complete. If the Department finds the project to be inconsistent with such standards and criteria, it shall inform the applicant in writing and identify and explain the reason or reasons it considers the project inconsistent, as follows:
1. 150 or fewer housing units. Within 30 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains 150 or fewer housing units.
2. More than 150 units. Within 60 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than 150 units.
C. Application referral. At the discretion of the Director or where otherwise required by this Ordinance, State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed land use.
D. Development Action Review Team (DART) review. As identified in Table 25-19, the Development Action Review Team (DART), comprised of staff from various City Departments and the Fairfield Suisun or Travis Unified School Districts, may review any application. Review by DART shall consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, security, fire flow, emergency access, location of fire hydrants, water and sewer connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking, and other State and local code requirements.
DART shall be responsible for requiring changes to a project, or recommending conditions, that ensure that a development proposal will be in compliance with applicable City regulations, design guidelines and construction standards. Comments from other agencies such as the school district shall be considered by DART. Also, DART shall undertake environmental review of the project and make appropriate recommendations to the Community Development Department and/or Planning Commission. The information received at the DART meeting shall be sent in writing to the applicant within five days.
E. Open Space Commission review. If the proposed project is located in an Open Space Planning Area (as identified in General Plan Exhibit OS-1), the Open Space Commission shall review the project. The Commission will consider and make recommendations to the Planning Commission and City Council regarding the designation, preservation, and protection of agricultural, ecological, recreational, and scenic lands (see also Chapter 12 D).
F. Planning Area Design Review Committee. In accordance with Section 25.49, certain areas of the City may require that development applications in certain areas be reviewed by a Planning Area Design Review Committee. Where applicable, the Committee shall review a project design and make a recommendation to the Director or Planning Commission on approval, conditional approval, or denial of an application subject to its review. The criteria for review shall be in accordance with Section 25.49.2, or any special regulations and/or design guidelines that are applicable to the planning area. Public notice of Committee meetings shall occur as prescribed in Section 25.43.
G. Community Services Commission review. If the proposed project is located in or adjacent to an area designated on the General Plan as Open Space Recreational or zoned Recreation, including but not limited existing and future park sites, the proposal may be referred to the Community Services Commission for review. The Commission will consider and make recommendations to the Planning Commission regarding access to and use of recreational open space. The Planning Commission shall adopt policies to clarify what type of projects or issues are referred to the Community Services Commission. (Ord. No. 2018-03, § 13.)
25.41.6 Environmental Assessment
After acceptance of a complete application, the project shall be reviewed as required by the City of Fairfield CEQA Guidelines and the California Environmental Quality Act (CEQA), to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a Negative Declaration may be issued, or whether an Environmental Impact Report (EIR) must be required. These determinations and, where required, the preparation of EIRs shall be completed consistent with the City’s CEQA Guidelines.
25.41.7 Staff Report and Recommendations
Where Planning Commission or City Council approval is required by this section, a staff report to the Commission and/or Council shall be prepared in the following manner:
A. Staff evaluation. The Department staff shall review all discretionary applications filed in compliance with this Section to determine whether they comply and are consistent with the provisions of this Ordinance, other applicable provisions of the City Code, and the General Plan, and shall provide a recommendation to the Commission and/or Council (as applicable) on whether the application should be approved, approved subject to conditions, or denied.
B. Staff report preparation. Where a discretionary application requires a public hearing before the Planning Commission, a staff report shall be prepared by the Department that describes the Department staff’s conclusions about the proposed land use and any development as to its compliance and consistency with the provisions of this Ordinance, other applicable provisions of the City Code, applicable Specific Plans, and the General Plan. The staff report shall include recommendations on the approval, approval with conditions, or denial of the application, based on the evaluation and consideration of information provided by an initial study or environmental impact report.
C. Report distribution. Staff reports shall be available to applicants at the same time as they are provided to members of the Commission and/or Council prior to a hearing on the application.
25.41.8 Action
A. Approval authority. As identified in Table 25-19, the Review Authority is authorized to approve, modify, or deny applications and to impose reasonable conditions to ensure compliance with adopted standards, policies and ordinances. In making decisions on proposed projects, the review authority shall consider the recommendations of the Development Action Review Team, the Design Review Commission, Open Space Commission, Community Services Commission, and input from the applicant and general public if provided.
B. Commission recommendation to City Council. At the conclusion of any public hearing on a proposed amendment to this Ordinance, the Zoning Map, or the General Plan, the Commission shall forward a recommendation, including all required findings, to the Council for final action. Following the hearing, a notice of the Commission’s recommendation shall be mailed to the applicant at the address shown on the application.
25.41.9 Reconsideration of Denied Application
No application that has been denied by the City shall be reconsidered within one year. The City Council is authorized to grant exceptions to this provision.