Chapter 17.70
Permit Application Filing and Processing
Sections:
17.70.020 Authority for Land Use and Zoning Decisions
17.70.030 Multiple Permit Applications
17.70.040 Application Preparation and Filing
17.70.060 Developer Indemnification
17.70.070 Initial Application Review
17.70.080 Project Evaluation and Staff Reports
17.70.010 - Purpose
This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the planning permit applications required by this Development Code. Chapter 17.71 includes additional requirements regarding application and review procedures applicable to specific planning permits required by this Development Code.
17.70.020 - Authority for Land Use and Zoning Decisions
Table 7-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Development Code.
17.70.030 - Multiple Permit Applications
A. Concurrent filing. Unless otherwise expressly required elsewhere in this Development Code, an applicant for a development project that requires the filing of more than one application (e.g., Tentative Map, Use Permit, etc.), shall file all related applications concurrently, together with all application fees required by Section 17.70.050 (Application Fees), unless these requirements are waived by the Director.
B. Concurrent processing. Unless otherwise expressly required elsewhere in this Development Code, multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or disapproved by the highest review authority designated by this Development Code for any of the applications (e.g., a project for which applications for Zoning Map amendment and a Use Permit are filed shall have both applications decided by the Council, instead of the Commission acting upon the Use Permit as otherwise provided by Table 7-1).
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Type of Action |
Applicable Code Section |
Role of Review Authority (1) |
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Director |
Planning Commission |
City Council |
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Administrative and Legislative |
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Cultural Heritage-Related Actions |
Recommend |
Recommend |
Decision |
|
|
Development Code Amendment |
Recommend |
Recommend |
Decision |
|
|
General Plan Amendment |
Recommend |
Recommend |
Decision |
|
|
Interpretation |
Decision (2) |
Appeal |
Appeal |
|
|
Local Coastal Program Amendment |
Recommend |
Recommend |
Decision |
|
|
Specific Plans and Amendment |
Recommend |
Recommend |
Decision |
|
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Zoning Map Amendment |
Recommend |
Recommend |
Decision |
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|
|
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Planning Permits |
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Administrative Variance |
Decision (2) |
Appeal |
Appeal |
|
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Certificate of Appropriateness |
Decision (2) |
Decision |
Appeal |
|
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Coastal Development Permit |
Decision (3) |
Decision |
Appeal |
|
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Design Review |
Decision (2) |
Decision |
Appeal |
|
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Limited Term Permit |
Decision (2) |
Appeal |
Appeal |
|
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Minor Use Permit |
Decision (2) |
Appeal |
Appeal |
|
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Planned Development Permit |
Recommend |
Decision |
Appeal |
|
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Sign Permit |
Decision (2) |
Appeal |
Appeal |
|
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Use Permit |
Recommend |
Decision |
Appeal |
|
|
Variance |
Recommend |
Decision |
Appeal |
|
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Zoning Clearance |
Decision (2) |
Appeal |
Appeal |
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Notes:
(1) “Recommend” means that the review authority makes a recommendation to a higher decision-making body; “Decision” means that the review authority makes the final decision on the matter; “Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 17.92 (Appeals).
(2) The Director may defer action and refer the request to the Commission, so that the Commission may instead make the decision.
(3) The Director may act on a Coastal Development Permit application that is not required to have a public hearing, in compliance with Section 17.71.045 (Coastal Development Permits).
17.70.040 - Application Preparation and Filing
A. Pre-application conference. A prospective applicant is encouraged to request a pre-application conference with the Director before completing and filing a planning permit application. The purpose of this conference is to generally:
1. Provide the opportunity for an applicant to explain their project proposal to City staff who may review a subsequent application; and
2. Inform the applicant of City requirements as they apply to the proposed project based on information provided by the applicant;
3. Review the City’s review process, possible project alternatives or modifications;
4. Identify information and materials the City will require with the application, and any necessary technical studies and information relating to the environmental review of the project;
5. Indicate to the applicant the extent to which the project appears to comply with applicable city regulations, as the project is understood by staff.
Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as either a recommendation for approval or disapproval of the application or project by any City staff. Any failure by City staff to identify all required studies or all applicable requirements shall not constitute a waiver of those requirements.
B. Application contents. Each application for a permit, amendment, or other matter pertaining to this Development Code shall be filed with the Director on a City application form, together with required fees and/or deposits, and all other information and materials required by the City’s list of required application contents, as identified in the Department handout for the specific type of application. Applicants are encouraged to contact the Director before submitting an application to verify which materials are necessary for application filing.
C. Eligibility for filing. An application may only be filed by the owner of the subject property, or other person with the written consent of the property owner. With the Director’s approval, a lessee with the exclusive right to use the property for a specified use may file an application related to that use.
D. Rejection of application. If the Director determines that an application cannot lawfully be approved by the City (e.g., a request for a Zoning Map amendment or Tentative Map could not be granted in the absence of a concurrent General Plan amendment application; or a Use Permit application proposes a use that is not allowable in the subject zoning district, etc.), the Director shall not accept the application for processing.
17.70.050 - Application Fees
A. Fee schedule. The Council shall establish a schedule of fees for the processing of the applications required by this Development Code, hereafter referred to as the City’s Fee Schedule. The fee schedule is intended to allow recovery of all costs incurred by the City in processing permit applications to the maximum extent allowed by the law.
B. Timing of payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid. Failure to timely pay supplemental requests for payment of required fees and/or deposits shall be a basis for denial or revocation of any permit or other requested entitlement, notwithstanding any other provisions of this Development Code.
C. Refunds and withdrawals. Application fees cover City costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Therefore, no refund due to a disapproval shall be allowed. In the case of a withdrawal, the Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal.
17.70.060 - Developer Indemnification
A. Applicant agreement. At the time of submitting an application for a discretionary land use approval, the applicant shall agree as part of the application, to defend (with legal counsel of City’s selection), indemnify, and hold harmless the City and its agents, attorneys, employees, and officers, from any action, claim, or proceeding brought against the City or its agents, employees, and officers to attack, set aside, void, or annul a discretionary land use approval of the City, which action is brought within the applicable statute of limitations. The required indemnification provided herein shall include damages awarded against the City, if any, costs of suit, attorney’s fees, and other costs and expenses incurred in connection with the action.
B. City notification of applicant. In the event that an action, claim, or proceeding referred to in Subsection A., above is brought, the City shall promptly notify the applicant of the existence of the action, claim, or proceeding and shall cooperate fully in the defense of the action, claim, or proceeding.
C. City participation in defense. Nothing in this Section shall prohibit the City from participating in the defense of any action, claim, or proceeding if the City elects to bear its own attorney’s fees and costs and defends the action in good faith.
17.70.070 - Initial Application Review
A. Review for completeness. The Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director’s determination of completeness shall be based on the City’s list of required application contents (see Section 17.70.040.B - Application contents), and any additional written instructions provided to the applicant in any pre-application conference, and/or during the initial application review period. Coastal development permit applications shall include all of the filing materials identified in Section 17.71.045(D).
1. Notification of applicant. As required by State law (Government Code Section 65943), within 30 calendar days of application filing, the applicant shall be informed in writing, 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 Director’s letter, shall be provided.
2. Appeal of determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the Director’s determination in compliance with Chapter 17.92 (Appeals).
3. Time for submittal of additional information. 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 shall occur. The time available to an applicant for submittal of additional information is limited by following Subparagraph (A.4).
4. Expiration of application.
a. If an applicant fails to provide the additional information specified in the Director’s letter within 180 days following the date of the letter, the application shall expire and be deemed withdrawn, without any further action by the City.
b. The Director may grant one 90-day extension.
c. After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated fees.
5. Environmental information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Chapter 17.72 (Environmental Impact Assessment and Mitigation Monitoring).
B. Determination of Coastal Permit notice and hearing procedures. For projects requiring a Coastal Development Permit, the Director shall make the determination required by Subparagraph 17.71.040.C.1 (Determination of permit category) as to whether the development is exempted, categorically excluded, non-appealable, or appealable for the purposes of notice, hearing, and appeal procedures required by Section 17.71.045 (Coastal Development Permit), at the same time that completeness review occurs in compliance with Subsection A., above. Where an applicant or interested person, including the City and the Coastal Commission staff, have a question as to whether a development is exempted, excluded, non-appealable, or appealable to the Coastal Commission, the question shall be resolved in compliance with Section 17.71.040(C)(2).
C. Referral of application. At the discretion of the Director, or where otherwise required by this Development Code or 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 project.
17.70.080 - Project Evaluation and Staff Reports
A. Staff evaluation. The Director shall review all discretionary applications filed in compliance with this Article to determine whether they comply and are consistent with the provisions of this Development Code, other applicable provisions of the Municipal Code, the General Plan, and any applicable specific plan.
B. Staff report. The Director shall provide a written recommendation to the Commission and/or Council (as applicable) as to whether the application should be approved, approved subject to conditions, or disapproved.
C. Report distribution. Each staff report shall be furnished to the applicant at the same time as it is provided to the review authority before action on the application.