(a) 
Procedures. This chapter provides procedures and requirements for the preparation, filing, initial processing and review of applications for the land use entitlements required by this title.
(b) 
Discretionary Land Use Entitlements. Receiving approval of any discretionary land use entitlement identified in Chapters 21.16 through 21.30 of this title is considered a privilege, not a right. The applicable review authority shall make all of the required findings in a positive manner before approving the application.
(c) 
Failure to Follow Requirements. Failure to follow the procedural requirements shall not invalidate any city actions taken, in the absence of a clear showing of intent not to comply with this title.
(Ord. 1308 § 5, 2000)
Table 4-1 (Review Authority) identifies the city official or authority responsible for reviewing and making decisions on each type of application or land use entitlement required by this title.
TABLE 4-1
REVIEW AUTHORITY
Type of Entitlement or Decision
Chapter
Director (1)
Planning Commission
City Council
Conditional Use Permits
21.36
 
Final
Appeal
Development Agreements
21.38
 
Recommend
Final
Development Code Amendments
21.34
 
Recommend
Final
Development Review
21.40
 
Final
Appeal
General Plan Amendments
21.34
 
Recommend
Final
Home Occupation Permits
21.42
Final
Appeal
Appeal
Interpretations
21.02
Final
Appeal
Appeal
Minor Variances
21.50
Final (2)
Appeal
Appeal
Master Sign Plan
21.34
 
Final
Appeal
Precise Plan of Design
21.44
 
Final
Appeal
Sign Permit
21.34
 
Final (3)
Appeal
Specific Plans
21.46
 
Recommend
Final
Temporary Use Permits
21.48
Final
Appeal
Appeal
Variances
21.50
 
Final
Appeal
Zoning Map Amendments
21.34
 
Recommend
Final
Notes:
1.
The director may defer action on entitlement applications and refer the item(s) to the commission for the final decision.
2.
The minor variance committee shall have the authority to review, approve, or disapprove minor variances. The committee may also defer action on minor variance applications and refer the item(s) to the commission for the final decision.
3.
The commission's sign committee shall act as representatives of the commission for purposes of sign review.
(Ord. 1308 § 5, 2000)
(a) 
Application Contents. Applications for amendments, entitlements and other matters pertaining to this title shall be filed with the department in the following manner:
(1) 
The application shall be made on forms furnished by the department;
(2) 
All necessary fees shall be paid in compliance with the city's fee resolution;
(3) 
The application shall be accompanied by the information identified in the department handout for the particular application, and may include exhibits, maps, materials, plans, reports and other information required by the department, to describe clearly and accurately the proposed work, its potential environmental impact and its effect on the terrain, existing improvements and the surrounding neighborhood;
(4) 
Applicants are encouraged to contact the department before submitting an application to verify which materials are necessary for application filing; and
(5) 
Acceptance of the application does not constitute an indication of approval by the city.
(b) 
Eligible Applicants. Applications may only be made by the owners of property, or their agents or tenants, with the written consent of the owner.
(c) 
Concurrent Application Filing and Processing.
(1) 
An applicant for a development project, which requires the filing of more than one application, shall file all related applications concurrently, unless waived by the director, and submit appropriate processing fees in compliance with Section 21.32.040 (Application fees) of this chapter.
(2) 
Permit processing and environmental review shall be concurrent and the final decision on the project shall be made by the appropriate review authority, in compliance with Table 4-1 (Review Authority).
(d) 
Applicant's Responsibility. It is the responsibility of the applicant to establish the evidence in support of the findings required by the applicable sections entitled "Findings and decision."
(e) 
Application Not Eligible for Filing.
(1) 
If the director determines that the application is not eligible for filing because it lacks the proper components for the granting of the application (e.g., a request for a zoning map amendment or tentative map that could not be granted in absence of a required general plan amendment application, a request for a conditional use permit allowing a use that is not allowable in the subject zoning district, etc.), the applicant shall be so informed.
(2) 
If the application is subsequently filed and the required fee(s) paid, the fact that the applicant was so informed shall be noted on the application and the signature of the applicant shall constitute verification of being informed.
(3) 
Acceptance of the application does not constitute an indication of approval by the city.
(4) 
Filing Date. The filing date of an application for a conditional use permit, development review, home occupation permit, precise plan of design, temporary use permit or variance shall be the date on which the department receives the last submission, map, plan or other material required as a part of that application by subsection (a) of this section, above, in compliance with Section 21.32.050 (Initial application review) of this chapter and deemed complete by the development and environmental review committee (DERC) or director, as appropriate.
(Ord. 1308 § 5, 2000)
(a) 
Filing Fees Required.
(1) 
The council shall, by resolution, establish a schedule of fees for amendments, entitlements and other matters pertaining to this title, referred to as the city's fee resolution.
(2) 
The schedule of fees may be changed or modified only by resolution of the council.
(3) 
The city's processing fees are cumulative. For example, if an application for a lot line adjustment also requires a minor variance, both fees shall be charged.
(4) 
Processing shall not commence on an application until all required fees have been paid.
(5) 
Without the application fee the application shall not be deemed complete.
(b) 
Refunds and Withdrawals.
(1) 
Recognizing that filing fees are utilized to cover city costs of public hearings, mailing, posting, transcripts and staff time involved in processing applications, no refunds due to a disapproval are allowed.
(2) 
In the case of a withdrawal, the director may authorize a partial refund based upon the pro-rated costs to-date and determination of the status of the application at the time of withdrawal.
(Ord. 1308 § 5, 2000)
All applications filed with the department shall be initially processed as follows:
(1) 
Completeness Review. The development and environmental review committee (DERC) or director, as appropriate shall review all applications for completeness and accuracy before they are accepted as being complete and officially filed.
(A) 
The applicant shall be informed in writing within thirty days of submittal, 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, shall be provided.
(B) 
Where the development and environmental review committee (DERC) or director, as appropriate, 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 determination, in compliance with Chapter 21.62 (Appeals) of this title.
(C) 
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 subsection (1)(D) of this section.
(D) 
Expiration of Application.
(i) 
If a pending application is not able to be deemed complete within one hundred eighty days after the first filing with the department, the application shall expire and be deemed withdrawn.
(ii) 
The director may grant one hundred eighty-day extension.
(iii) 
A new application, including exhibits, fees, plans and other materials which shall be required to commence processing of a project application on the same property, may then be filed in compliance with this title.
(E) 
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 Section 21.32.060 (Environmental assessment) of this chapter.
(2) 
Referral of Application. At the discretion of the director, or where otherwise required by this title, 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/requested land use activity.
(Ord. 1308 § 5, 2000)
(a) 
CEQA Review. After acceptance of a complete application, the project shall be reviewed in compliance with this code, the California Environmental Quality Act (CEQA) and the city's environmental review procedures, to determine whether:
(1) 
The proposed project is exempt from the requirements of CEQA;
(2) 
The proposed project is not a project as defined by CEQA;
(3) 
Whether a negative declaration or mitigated negative declaration may be issued; or
(4) 
Whether an environmental impact report (EIR) shall be required.
(b) 
City's Guidelines. These determinations and, where required, the preparation of EIRs, shall be in compliance with the city's environmental review procedures.
(Ord. 1308 § 5, 2000)
(a) 
Application Evaluation. The director shall review all applications to determine whether they comply and are consistent with the provisions of this title, other applicable provisions of this code, the general plan, any applicable specific plan and environmental review.
(b) 
Staff Report Preparation.
(1) 
A staff report shall be prepared describing the conclusions/findings about the proposed land use and development as to its compliance and consistency with the provisions of this title, other applicable provisions of the this code and the actions, goals, objectives and policies of the general plan.
(2) 
The written report shall include recommendations, with appropriate findings, on the approval, approval with conditions or disapproval 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 furnished to applicants at the same time as they are provided to the members of the commission and/or council, before a hearing on the application.
(Ord. 1308 § 5, 2000)