Chapter 19.12 APPLICATION FILING PROCEDURES

Chapter 19.12
APPLICATION FILING PROCEDURES

Sections:

19.12.050 Determination of completeness.

19.12.010 Intent.

It is the intent of this chapter to provide the city with a consistent, predictable method to review proposals for development, to ensure complete information is provided to project reviewers and decision-makers, to ensure that applications are reviewed within a specified time frame, and to ensure that permit review and approval is combined with applicable environmental review. (Ord. 722 § 175, 1998)

19.12.020 Early consultation.

Any applicant for development should consult with the city, its staff, including contracted staff, and other agencies involved in the application review process, on an informal basis, in order to become familiar with the requirements of local codes and ordinances, and other regulations which have a bearing on the proposed development, necessary permits, required hearing or meeting procedures, and the general approval process.

A. An applicant may request, or the city may initiate, a formal preapplication conference at which the applicant, city staff, including contracted staff, and other affected entities meet jointly. When a formal preapplication conference is requested by an applicant, such conference shall be scheduled and conducted within 15 days of the receipt of the request. The city shall invite affected city departments and as many other affected jurisdictions, agencies, and/or special districts to the formal preapplication conference as are known to the city.

1. The more information an applicant can provide for a formal preapplication conference, the more complete the review and input will be for the proposal.

2. Any information or opinions expressed by those in attendance at a formal preapplication conference shall not be binding on the final decision or constitute approval or denial of the proposed development.

3. Inconsistency with the comprehensive plan, local code provisions or ordinances, and other applicable policies and regulations will be discussed at any such formal preapplication conference.

4. The applicant and those in attendance at a formal preapplication conference should discuss creative approaches to address challenging site constraints or potential mitigation of impacts.

5. Possible revisions or modifications to the proposal should be discussed by the applicant and those in attendance at a formal preapplication conference.

6. The applicant should be aware that additional modifications may be required before the project review is final and a decision has been made. (Ord. 722 § 175, 1998)

19.12.030 Consolidated permit review.

An applicant may request an integrated and consolidated review and decision of two or more project permits related to a proposed action, including a single application review and approval process covering all project permits requested by an applicant for all or part of a project action. Where more than one project type classification is involved pursuant to Chapter 19.08 DPMC, the highest numbered procedure required for any part of the project shall apply to the collective project permits. If an applicant elects this process, all applications relating to the same project must be submitted at the same time, and the determination of completeness, notice of application, and notice of decision shall include all project permits being reviewed under the consolidated permit review process. The city shall provide for consolidated permit review with a single open record predecision hearing and no more than one closed record appeal as provided for in this title. The decision on all permits shall be made by the decision-maker(s) at the highest level of review. (Ord. 722 § 175, 1998)

19.12.040 Application submittal.

A. All project permit applications shall utilize forms provided by the city and shall be filed with the community services director unless the applicable development regulations specify otherwise. The submittal requirements set forth in the applicable development regulations shall be followed. The application materials shall contain the verified statement of the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the written consent of all owners of the affected property. Appropriate fees, as established by resolution of the city council, shall accompany each project permit application.

B. The planning director, or other responsible official, shall coordinate the review of each application with all appropriate city departments and external entities with known regulatory authority over the proposal.

C. The city may require the applicant to designate a single person or entity to receive determinations and notices required by this title. If the applicant is the city, the mayor, or designee thereof, shall be the agent receiving determinations and notices required by this title. (Ord. 722 § 175, 1998)

19.12.050 Determination of completeness.

A. Timely Determination. Within 28 days after receiving a project permit application, the city shall mail, or personally provide, a written determination to the applicant which states that either the application is complete and accepted for processing, or that the application is incomplete and stating what additional information is necessary to make the application complete. If only minor information or clarification is needed, the city may contact the applicant by telephone or in person, and then mail, or otherwise deliver, the written determination of completeness. To the extent known by the city, the determination of completeness/incompleteness shall also identify other agencies that have jurisdiction over some aspect of the application.

1. Failure of the city to respond to the applicant, in writing, within said 28-day time frame, shall be deemed as the city’s acceptance of the application for processing.

B. Incomplete Applications. If the applicant receives a determination from the city that an application is not complete, the applicant shall have 90 days to furnish the necessary information to the city. Within 14 days after an applicant has submitted to the city the additional information identified as being necessary for a complete application, the city shall notify the applicant, in the manner prescribed in subsection A of this section, of whether the application is now complete or what additional information is necessary to make the application complete.

1. The time frame for submitting additional information may be extended by the mutual agreement of the city and applicant, in writing.

2. If an applicant either refuses, in writing, to submit additional information, or does not submit the required information within the 90-day time frame or approved extension thereof, the city shall make findings and issue a decision, according to the Type I procedure in Chapter 19.08 DPMC, that the application has lapsed, based upon the lack of information necessary to complete the review.

3. If an application has officially lapsed, the applicant may request a refund of the application fee unrelated to the city’s determination of completeness.

C. Additional Information. The city’s issuance of a determination of completeness shall not preclude the city from requesting additional information or studies, either at the time of the determination of completeness or at some later time, if new information is required or where substantial changes in the proposed action occur.

D. Optional Criteria. The determination of completeness may include the following as optional information:

1. A preliminary determination of those development regulations that will be used for project mitigation;

2. A preliminary determination of consistency based upon the criteria set forth in DPMC 19.04.040(A).

3. Other information the city chooses to include.

E. Scope. Nothing in this chapter requires documentation by the city, dictates the city’s procedures for considering consistency, or limits the city from requesting additional information with respect to a completed application.

F. Acceptance. No application shall be considered officially accepted for processing until it is determined to be complete in accordance with the provisions of this section. (Ord. 722 § 175, 1998)