Chapter 8.2 Land Use and Development Applications
8.2.10 Purpose of this Chapter
The purpose of this Chapter is to prescribe procedures for the submission, consideration, processing and issuance of land use and development applications specified in Article 7 of this Municipal Code or by state law.
8.2.20 Land Use and Development Applications
The provisions of this Chapter apply to all land use and development applications including, but not limited to, municipal code amendments, General Plan amendments, Zoning Code amendments, conditional use permits, variances, standards modifications, minor exceptions, lot line adjustments, and tree removal permits. Applications for development agreements shall be governed by the provisions of Chapter 7.20. (Ord. 2017-03 § 3; Ord. 2013-04 § 2)
8.2.30 Land Use and Development Application Process and Procedures
This Section provides the procedures for submittal and processing of land use and development applications.
A. Eligibility for Filing. Applications must be completed either by the owner, or designated agent, of the property for which the application is requested.
B. Application Submittal. Land use and development applications shall be filed with the individual or department specified in the Municipal Code or, if none is specified, with the Community Development Director. Land use and development applications must be submitted on forms prescribed by the Community Development Director and contain all information deemed necessary by the Community Development Director for a complete review. The following procedures govern this process:
1. The completed application form, all required fees and any other information required for the processing of the land use and development application must be submitted for the application to be considered complete.
2. Whenever more than one approval under Article 7 or 9 is required, all applications shall be filed and processed concurrently.
3. Whenever an application or portion of an application has been denied with prejudice, or revoked, and the denial or revocation becomes final, no new application for the same or substantially similar request may be accepted within one (1) year of the date of the denial.
C. Pre-Application Conference. The applicant or agent is strongly encouraged to request a pre-application conference with the appropriate City Department prior to completion of project design and the formal submittal of the application. The purpose of this conference is to inform the applicant of City requirements as they apply to the proposed project, review the procedures outlined in this Municipal Code, explore possible alternatives or modifications to the project and to identify any technical studies that may be necessary before the application is filed. The pre-file application review does not result in any official recommendation or final decision with respect to the application
D. General Application Requirements. All project applications must include property information including legal description and details of all existing development and uses of the site. All applications for new development must include a title report. Depending upon the proposed project, other information required at the discretion of the Community Development Director may include, but not be limited to, neighborhood location detail and neighbor notification list, property line survey, view impact analysis, setback and privacy analysis, site selection analysis, landscape analysis, geo-hazards analysis, storm water runoff analysis, engineering analyses and traffic impact analysis. These requirements are conceptual and are not intended to constitute or be a substitute for final, detailed engineering or technical documents. Nothing in this Chapter shall be construed as eliminating or reducing the requirements that must be met prior to any construction are identified in Articles 5 and 6 of this Municipal Code.
1. A complete project description should be submitted that includes written detail of all components of the project including, but not limited to, what is to be built, what is to be removed or modified, what exists on the site, what alteration of the site is planned and a description of the detailed use of all components of development.
2. Every application must include the site information that the Community Development Director determines is required to evaluate the project, which may include one or more of the following:
a. A site description including an explanation of the reasons for selection of the particular development areas of the site as compared to other areas and the relative impacts of each;
b. Topographic detail sufficient to evaluate the project;
c. Identification of all existing storm water drainage channels on or across the site;
d. Proof of property line locations where there is any reasonable possibility that the proposed development would be within thirty-five (35) feet of a property line;
e. Identification of all existing development on the site;
f. Identification of all existing legal non-conforming structures and uses on the site;
g. Identification of the location of the project development with respect to neighboring development;
h. Identification of all property owners to be notified regarding the project;
i. Appropriate reports from licensed engineers and/or geologists if the project is located in any geo-hazards area including the Alquist-Priolo Zone, or on any site known to have existing faults, landslides or other identified adverse geologic conditions; and
j. Information sufficient to establish that any required SUSMP mitigation or compliance can be accomplished.
3. All planned development information must be presented to the Planning Division in the degree of detail prescribed in the specific application materials and as required by Article 7. The detail provided must be adequate to identify the impact of the project upon the neighbors’ views and privacy and upon community character. Typically this will require complete presentation of conceptual plans and elevation views of any structures or structural modifications, often including three-dimensional renderings from viewpoints of potentially affected neighbors and of the public.
Any alteration of existing topography should be thoroughly identified as to location limits of grading, depths of cuts and fills and height and length of retaining walls and provisions for maintenance of existing drainage characteristics. Any trees to be removed or drainage patterns to be altered must be identified. All applications for new residential construction or modifications of existing residential structures involving fifty (50) percent or more of the existing structure’s floor area must include information on the location limits of grading, depths of cuts and fills and height and length of retaining walls and provisions for maintenance of existing drainage characteristics and must identify any trees to be removed or drainage patterns which will be altered.
The final architectural and precise grading plans subsequently submitted to the Engineering Division must conform to the materials upon which the approval was based or the project will require resubmittal.
Article 7 of this Municipal Code provides all of the Development Standards that apply to the planned development. The applicant will certify that the project meets all of those standards except those for which a Standards Modification or Variance has been requested.
Development detail should also address the mitigation of any impacts of the project, either direct or cumulative. Typical mitigation detail includes conceptual landscape plans evidencing capability to screen the development without causing view impairment. Cumulative impacts include the impact of new development when added to the impacts of existing development on the site. Address of cumulative impacts may require mitigation of existing impacts.
4. At the time of submittal, the Planning Division may require additional information to determine the environmental impact of the project or to assess feasible alternatives or mitigation measures for such impacts as required by the California Environmental Quality Act (CEQA) and the La Habra Heights CEQA Guidelines.
5. The Findings provided in Article 7 of this Municipal Code must be made for any approval to be granted. The application should include specific address of the methods employed to ensure that each of the required findings can be made.
E. Application Fees. The City Council has established a schedule of fees and deposits for the processing of land use and development applications established by this Municipal Code. The processing fees are cumulative. For example, if an applicant requests two approvals, fees and deposits for both will be charged. Processing shall not commence on any application until all required fees or deposits have been paid and processing may be halted if fee deposit levels fall below specified amounts.
F. Determination of Application Completeness. Land use and development applications submitted to the Planning Division will be reviewed to determine completeness, taking into account the Community Development Director’s discretion with regard to application submittal requirements as provided in this Chapter and Article 7 of this Municipal Code. This process generally includes review by a variety of individuals and agencies to determine whether additional information is necessary to process the application through the final decision.
The Planning Division shall make a written determination of application completeness within thirty (30) days of submittal of all required information. If the application is deemed complete, City staff shall continue to process the request. If the application is deemed incomplete, the applicant shall be informed in writing what additional information must be provided.
G. Inspections. An applicant shall allow the City access to any premises or property that is the subject of, or used in connection with, the application under consideration. If the application approval is granted, the owner or applicant shall allow the City continued access to the premises to determine compliance with any Conditions of Approval.
H. Discretionary Review Authorities. The reviewing authorities associated with the various land use and development applications are provided in Table 8-1.
|
Application |
Staff |
Planning Commission |
City Council |
|---|---|---|---|
|
General Plan Amendment |
Analysis/Advice |
Recommendation |
Decision |
|
Zone Change or Zone Text Amendment |
Analysis/Advice |
Recommendation |
Decision |
|
Variance |
Analysis/Advice |
Recommendation |
Decision |
|
Development Agreement |
Analysis/Advice |
Recommendation |
Decision |
|
Conditional Use Permit |
Analysis/Advice |
Decision |
Appeal/Call for Review |
|
Standards Modification |
Analysis/Advice |
Decision |
Appeal/Call for Review |
|
Standards Modification, Administrative |
Decision |
Appeal/Call for Review |
Appeal/Call for Review |
|
Minor Exception |
Decision |
Appeal/Call for Review |
Appeal/Call for Review |
(Ord. 2017-03 § 4; Ord. 2015-01 §§ 36 – 42; Ord. 2013-04 § 3)
8.2.40 Land Use and Development Applications Deemed Approved
Approvals issued pursuant to this Chapter become effective on the eleventh (11th) day following the date the application was approved provided that no Appeal of the action has been filed in compliance with this Article. Any land use and development application deemed approved shall nonetheless be subject to all applicable provisions of this Municipal Code which shall be satisfied by the applicant before any construction permit is issued, or a land use not requiring a construction permit is established.
8.2.50 Performance Guarantees
Where an applicant is required to provide adequate security to guarantee the faithful performance, proper completion and /or maintenance of any approved work and/or compliance with Conditions of Approval, the following provisions apply:
A. Form and Amount of Security. The required security shall be in the form of a cash or equivalent deposit to the City Treasurer. Where approved by the City Manager, and by the City Attorney as to form, a certificate of deposit, instrument or letter of credit, with the City named as beneficiary, may be used as security. The amount of security shall be determined by the City Manager as the amount necessary to insure proper completion and maintenance of the work and/or compliance with Conditions of Approval.
B. Duration of Security. Required security shall be retained for the time period specified in the Conditions of Approval of the project. Where no such period is specified, required security shall be retained until either the City Manager determines the work, including ongoing maintenance obligations, has been completed or one (1) year after the date of final inspection, whichever is sooner. In certain cases, a longer duration of security may be required by conditions of the project.
C. Release or Forfeit of Security. Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for security maintenance), the improvement and/or maintenance security shall be released. However, failure to complete the work, failure to comply with all of the terms of any applicable approval or failure of the completed improvements to function properly shall entitle the City to recourse to the security. The City will collect from the applicant or security all costs incurred by the City, including the costs of completing any of the work and all administrative and inspection costs. Any unused portion of the deposit shall be refunded to the applicant. (Ord. 2015-01 § 43)
8.2.60 Time limits and Extensions of Entitlements
This section establishes time limits for approved land use and development implementation.
A. Time Limits. Unless Conditions of Approval or other provisions of this Municipal Code establish a different time limit, any entitlement not exercised within one (1) year of approval shall expire and become void. The entitlement shall not be deemed exercised until the applicant has actually obtained a building permit and commenced construction or has actually commenced the permitted use in compliance with the Conditions of Approval.
B. Extensions of Time by Community Development Director. Upon request by the applicant, the Community Development Director may extend the time for a land use or development approval for an additional period of up to one-year unless the terms of approval of the entitlement state otherwise. The applicant shall submit a written request and applicable fees for an extension at least ten (10) days prior to the expiration of the entitlement. The Community Development Director shall then determine whether the entitlement holder has made a good faith attempt to comply with the conditions of the entitlement. The burden of proof is on the entitlement holder to establish that the entitlement should not expire.
C. Extensions of Time by Issuing Authority. Upon request by the applicant, the body that issued the approval may extend the time for a land use or development approval for an additional period of up to two-years. The applicant shall submit a written request and applicable fees for an extension at least ten (10) days prior to the expiration of the entitlement. The issuing authority shall then determine whether the entitlement holder has made a good faith attempt to comply with the conditions of the approval. The reviewing authority may also consider whether the findings upon which the original approval was based can still be made and whether the proposed extension is in furtherance of the goals and policies of the General Plan. The burden of proof is on the entitlement holder to establish that the entitlement should not expire.
D. Appeal or Call for Review. Decisions of the Community Development Director pursuant to subsections B and C may be appealed or called for review.
8.2.70 Changes to an Approved Project
Changes to a project may be requested either before or after construction or establishment and operation of the approved use.
A. Changes by the Community Development Director. The Community Development Director may authorize changes to an approved site plan, architecture or the nature of the approved use if the changes meet all of the conditions listed below:
1. The changes are consistent with all applicable provisions of this Chapter.
2. The changes do not involve a feature of the project that was specifically addressed or was a basis for Findings in a negative declaration or environmental impact report for the project.
3. The changes do not involve a feature of the project that was specifically addressed or was a basis for Conditions of Approval for the project or that was a specific consideration by the review authority in the approval of the permit.
4. The changes do not result in a significant expansion of the use.
5. The changes do not violate other provisions of the Code or allow other discretionary approvals.
6. The project remains in substantial conformance to the project as originally approved.
B. Project Amendment. The authority that issued an approval may, after receipt of a written application using the form provided by the City, approve an amendment to that approval upon a determination that the proposed amendment would not alter the findings that were required for that approval and that the goals and policies of the General Plan would be furthered by allowing the amendment. The same notice, hearing and processing requirements apply to a request for amendment as applied to the original approval.
C. Other Changes. Other changes shall require a new application processed in compliance with this Code.
8.2.80 Land Use and Development Entitlement Runs with the Land
A land use and development entitlement granted in compliance with this Article shall run with the land and continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the application. All terms and conditions of the entitlement shall be binding upon the new owners, whether or not recorded against title.