(A) Before any new permitted or conditionally permitted use can commence operation, or any building permit can be issued for a structure on a property within the Downtown Overlay area, the property owner or his or her representative shall file an application for and receive approval from the Director of Community Development. The Director of Community Development may refer the review and approval to the Planning Commission, in his or her sole discretion. The approval shall be based on the guidelines and provisions applicable to a design review and conditional use permits established by this chapter.
(B) Notwithstanding any application, filing and review procedures established by this chapter or regulations adopted pursuant thereto, a party other than the property owner(s) or their designated representative(s) may file an application for the city’s consideration of land use entitlements without the consent of the property owner(s) or their representative(s), if that party has entered into a cash depository agreement, exclusive negotiation agreement, owner participation agreement, owner participation and disposition agreement, disposition and development agreement or similar agreement with the City of Baldwin Park; provided, that any entitlement granted pursuant to this part shall not be effective unless and until the applicant becomes the owner of the property involved or the property owner(s) of that property has(have) submitted written approval for the applicant to proceed with that entitlement.
(C) The fee for filing an application in the Downtown Overlay area shall be the same as the fee for filing an application for a conditional use permit. The fee for filing an appeal of any decision on that application shall be the same as for an appeal of the decision on a conditional use permit.
(Ord. 1346, passed 5-2-12)