This section applies to all projects on residentially zoned property, or on property located adjacent to residentially zoned property which require a discretionary permit issued by the planning commission or city council. All projects for such a discretionary permit shall require a pre-application neighborhood meeting in compliance with the requirements set forth below. The purpose of the meeting is to provide for early input by affected neighbors. While neighborhood consensus or agreement is desirable, it is not a required outcome of the neighborhood meeting.
A. Timing. The neighborhood meeting should be held prior to the submission of an application for discretionary permit. If a neighborhood meeting is not held prior to submission of an application, the application shall not be considered complete until the meeting has been held. Meetings should be held during evening hours or on a weekend.
B. Notice. Notice of the time, date and location of the neighborhood meeting shall be given by the applicant to all property owners and occupants within 500 feet of the proposed project and to the department at least 10 calendar days prior to the date of the meeting. Mailing lists for such notice may be obtained from the department. Notice shall be deemed to have been given on the date it is has been mailed, first-class, postage prepaid, or personally delivered. The applicant shall provide the Department with a list of each person and property to which the notice is mailed.
C. Department attendance at meetings. A representative of the department may attend each neighborhood meeting in order to identify and explain city policies, including the provisions of the city’s general plan and land use regulations as they relate to the development proposal at issue. The representative of the department may serve as a moderator or facilitator of the meeting if so requested by the applicant and approved by the director.
D. Applicant attendance at meeting. The applicant or a representative shall attend the neighborhood meeting and provide the following information:
1. A site plan graphically depicting existing conditions and surrounding land uses and structures.
2. A conceptual site plan or map, as appropriate, for the proposed application.
Applicants are encouraged to take minutes or otherwise create a written record of the presentation and points discussed at the meeting.
E. Neighborhood or applicant comments and recommendations are not binding on the department. The department will consider neighborhood comments during its evaluation of the project applications along with all comments by other agencies, organizations and individuals in order to formulate its own independent and professional recommendation regarding the applications.
F. A meeting may be required pursuant to this section when it is not on or adjacent to residentially zoned property if the director determines that the proposed use(s) or building(s) are of such a nature that they would affect residentially zoned property which is not adjacent to the project.
G. Additional meetings are encouraged when significant changes are made to a project and the nature of those changes was not a topic at the neighborhood meeting initially held pursuant to this section.
H. Waiver of meeting. The requirement for a neighborhood meeting may be waived by the director if the position of the neighborhood is well-established and if recent contact indicates that there is no interest in holding a meeting.
(Ord. 2185; Ord. 2223, Ord. 2358 §3, Ord. 2374 §7, Ord. 2494, §3, Ord. 2850, §5; Ord. 2600)
A. Application Contents. Applications for entitlements, amendments, and other matters pertaining to these Regulations shall be filed with the Department on a City application form, together with all fees, maps, plans, reports, and other information required by the Department to describe clearly and accurately the proposed work and its effect on the terrain and existing improvements. Applicants are encouraged to contact the Department before submitting an application to verify materials necessary for a complete application filing.
B. Eligibility for Filing. Applications may only be made by the owners, or lessees of property or their agents with the written consent of the owner, or persons who have contracted to purchase or lease property contingent upon their ability to acquire the necessary entitlements under these Regulations.
C. Pre-Application Conference. A prospective applicant or agent is encouraged to request a pre-application conference with the Department prior to formal submittal of an entitlement application. The purpose of this conference is to inform the applicant of City requirements as they apply to the proposed development project, review the procedures outlined in these Regulations, explore possible alternatives or modifications, and identify any necessary technical studies relating to future environmental review. Neither pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application/project by the Department representative(s).
D. Filing Date. The filing date of an application for a home occupation permit, administrative permit for a temporary use, design review, administrative use permit, use permit, planned development 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 (Application Contents) above, in compliance with Section 19.16.050 (Initial application review), and the application is deemed complete by the Director.
(Ord. 2185; Ord. 2223; Ord. 2263; Ord. 2511, §7; Ord. 2519, §9; Ord. 2549, §2)
A. Filing Fees Required. The Council shall, by resolution, establish a schedule of fees for entitlements, amendments, and other matters pertaining to these Regulations. The schedule of fees may be changed or modified only by resolution of the Council. The City's processing fees are cumulative. For example, if an application for a lot line adjustment also requires a variance, both fees will be charged. Projects may also be subject to an hourly rate in addition to the basic application fees. Processing shall not commence on any application until all required fees or deposits have been paid. Without the application fee, or a deposit if appropriate, the application will not be deemed complete.
B. Refunds and Withdrawals. Recognizing that filing fees are utilized to cover costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds due to a denial are allowed. In the case of an application withdrawal, the Director may authorize a partial refund based upon the prorated costs-to-date and determination of the status of the application at the time of withdrawal.
(Ord. 2185)
All applications filed with the Department, as required by these Regulations, shall be initially processed as follows:
A. Completeness Review. Within 30 days of filing, the Director shall review all applications for completeness and accuracy before they are accepted as being complete and officially filed.
1. Notification of Applicant. The applicant shall be informed by a letter 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. 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 Subsection A-3 (Expiration of Application), below.
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 determination, in compliance with Chapter 19.12 (Appeals).
3. Expiration of Application. If a pending application is not completed by the applicant, and therefore is not accepted as complete by the City within one year after the first filing with the Department, the application shall expire and be deemed withdrawn. A new application may then be filed, with the appropriate fee, in compliance with these Regulations.
4. Additional 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 Section 19.16.060 (Environmental Assessment).
B. Referral of Application. At the discretion of the Director or where otherwise required by these Regulations, State or Federal law, any application filed in compliance with these Regulations shall be referred to any public agency that may be affected by or have an interest in the proposed land use activity.
(Ord. 2185)
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