§ 17.01.210. Permits and applications.

A.

Application Deposits. Concurrent with the submittal of an application for development and/or permit under this title, a fee shall be paid, in the amount prescribed in the Maximus Citywide Master User Fee Schedule, to cover the costs incurred in the processing of the application. Additionally, a deposit shall be made, in the amount estimated if a consultant is necessary to assist the city in the processing of an application, including without limitation, consultant fees to perform CEQA review, costs for engineering services, costs for plan checks, and/or costs of any technical studies required by traffic or other technical consultants. In no case shall the application be set for hearing or action by the planning commission or city council until such time as any balance for such application processing fees is paid in full. In the event the amount of the deposit exceeds the actual amount of costs, the difference shall be refunded to the applicant.

B.

Complete Applications. Any application for a permit or entitlement pursuant to this title must be accepted as complete for processing by the director of planning in order to initiate the official review process. Standard submittal requirements for each permit outlining the form and content of a complete application shall be established by the director. In addition to the standard submittal requirements, the director may request information specific to the permit or entitlement necessary for the complete analysis of an application. All required material, information and fees shall be provided by the applicant before the application is determined by the director to be complete for processing.

C.

Proof that the Applicant Holds a Legal or Equitable Interest in the Development Site Shall be Required. As one of the application submittal requirements, the property owner or the applicant, in the event the applicant is not the property owner, shall show written proof to the director of possession of a legal or equitable interest in the property that is to be the subject of a permit or entitlement pursuant to this title. No application for a permit or entitlement shall be deemed complete unless the legal or equitable interest is verified. Further, this requirement of having a legal or equitable interest in the property shall be maintained throughout permit processing and shall be verified prior to final action or the setting of any planning commission or city council hearing on the permit or entitlement.

For purposes of this title, "legal or equitable interest" shall mean possession of:

1.

An estate in fee simple;

2.

A joint tenancy;

3.

A tenancy in common;

4.

A leasehold estate;

5.

An easement (if it encompasses the extent of development sought);

6.

An option to purchase;

7.

An option to lease;

8.

A binding agreement or contract to exchange or transfer an interest in land;

9.

An interest as a beneficiary of a trust;

10.

An interest as a trustee with a power of sale;

11.

Any other real property interest(s) that the director, in consultation with the city attorney, determines is a legal or equitable interest in real property for purposes of this title.

D.

Check for Completeness. Within thirty calendar days after the receipt of an application, the director shall review the application and determine if it is complete for processing and shall notify the applicant in writing of such determination. In addition to the standard submittal requirements, the director may request information specific to the permit or entitlement necessary for the complete analysis of an application.

E.

Incomplete Applications. In the event an application is determined not to be complete, written notice shall be provided to the applicant specifying those portions of the application which are incomplete. Said notice shall also indicate the information and/or plans necessary to make the application complete. The applicant must supply the requested plans and/or information within sixty calendar days of the notice of incomplete filing. Upon receipt of the required items by the director, the information shall be reviewed for completeness and a determination of completeness shall be made within thirty calendar days. Once an application has been deemed complete, a decision shall be made pursuant to timelines set forth in state law.

(1992 zoning ord. (part))

(Ord. No. 1122A, § 1, 9-21-10)