(A) Applicants must file with the Planning Director a completed application, accompanied by the filing fee then in effect. Any application which is incomplete shall not be accepted for processing. No application shall be deemed complete unless and until the applicant has provided, in adequate detail, all information required under § 19.08.020. It is the duty of the applicant to supplement an incomplete application.
(B) Upon receipt of an application or any supplement thereto, the Planning Director shall promptly determine whether the application is complete and shall, within 30 days of receipt thereof, inform the applicant in writing of the determination. The written notice shall specify which parts of the application are incomplete. The time limitations for processing a permit shall not begin to run until the application is accepted as complete by the Planning Director.
(C) An applicant may appeal from the Planning Director’s decision regarding the completeness of an application by filing his or her application and a copy of the Planning Director’s written determination with the City Clerk and requesting a hearing before the Council. The Council shall set the appeal for hearing by the Council at its next regular meeting. Upon such appeal, the Council may reverse, affirm or modify in any regard the Planning Director’s determination. There shall be a final written determination by the Council on the appeal not later than 60 calendar days after receipt of the applicant’s written appeal.
(D) Within 30 days of the Planning Director’s determination that an application is complete, the Planning Director shall notify the Department of Conservation of the filing of the application.
(E) If the proposed surface mining operation is located in the 100-year floodplain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the Planning Director shall also notify the State Department of Transportation that a completed application has been filed.
(F) Upon completing an environmental review of the application in accordance with CEQA, or if no CEQA review is required then upon the Planning Director’s determination the application is complete, the Planning Director shall certify to the Department of Conservation that the information in the application complies with the requirements of state law and shall submit the application and any information related to a CEQA review of the application to the Department of Conservation. The Department of Conservation shall have 30 days to review and comment on the surface mining permit and the reclamation plan and 45 days to review and comment on the reclamation security. The Planning Director shall evaluate any written comments received from the Department of Conservation during the comment period and shall prepare a written response describing the disposition of the major issues raised in the comments. If the disposition is at variance with the recommendations and objections raised in the comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the Planning Director shall be promptly forwarded to the applicant.
(G) Upon completion of all procedures for review of a completed application, including all required notification and review by other public agencies, a public hearing shall be held before the Planning Commission as hereinafter provided.
(H) Nothing in this section shall preclude the applicant and the city from mutually agreeing to an extension of any time limit provided by this section.
(`78 Code, § 19.08.060.) (Ord. 2386 § 1 (part), 1999.)