Chapter 20.02
DEVELOPMENT PROJECT PERMIT APPLICATIONS

Sections:

20.02.001    Optional preapplication conference.

20.02.002    Permit application requirements.

20.02.003    Submission and acceptance of application.

20.02.005    Referral and review of development project permit applications.

20.02.001 Optional preapplication conference.

A. Prior to filing applications for Type II actions requiring a preliminary plat and Type III and IV actions, applicants are encouraged to participate in a preapplication conference. Preapplication meetings with staff provide an opportunity to discuss the proposal in general terms, identify the applicable city requirements and the project review process including the permits required by the action, timing of the permits and the approval process. Plans presented at the preapplication meeting are nonbinding and do not “vest” an application.

B. The conference shall be held within 28 days of the request, upon payment of applicable fee(s) as set forth in the city’s adopted fee resolution.

C. The development services director or his/her designee (hereinafter the “director”) shall provide the applicant with the following during the conference:

1. A form which lists the requirements for a completed application;

2. A general summary of the procedures to be used to process the application;

3. The references to the relevant code provisions or development standards which may apply to approval of the application; and

4. The city’s design guidelines.

D. Neither the discussions at the conference nor the information on the form provided by the director to the applicant under subsection (C) of this section shall bind the city in any manner or prevent the city’s future application or enforcement of all applicable codes, ordinances and regulations.

E. Requests for preapplication conferences for all other types of applications will be considered on a time-available basis by the director. [Ord. 3817 § 2, 2010; Ord. 3736 § 4 (Exh. A), 2009].

20.02.002 Permit application requirements.

An application shall consist of all materials required by the applicable development regulations and shall include the following general information:

A. A completed land use application form;

B. A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all owners of the affected property;

C. A property and/or legal description of the site for all applications, as required by the applicable development regulations;

D. The applicable fee; and

E. Cover letter describing how the proposal satisfies the applicable standards, requirements and criteria in the development regulations. [Ord. 3817 § 2, 2010; Ord. 3736 § 4 (Exh. A), 2009].

20.02.003 Submission and acceptance of application.

A. Determination of Completeness. Within 28 days after receiving an application, the director shall mail or personally deliver to the applicant a determination which states that either:

1. The application is complete; or

2. The application is incomplete and what is necessary to make the application complete.

B. Identification of Other Agencies with Jurisdiction. To the extent known by the city, other agencies with jurisdiction over the project shall be identified in the determination of completeness.

C. Additional Information. An application is complete for the purposes of this section when it meets the submission requirements of ECDC 20.02.002 and the submission requirements of the applicable development regulations. The determination of completeness shall be made when the application is sufficiently complete for review, even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the director’s ability to request additional information or studies whenever new information is required, or when substantial changes are made to the proposed project.

D. Incomplete Applications.

1. Whenever the applicant receives a determination from the city pursuant to subsection (A)(2) of this section that the application is incomplete, the applicant shall have 90 days to submit the necessary information. Within 14 days after an applicant has submitted the requested additional information, the director shall make a determination of completeness and notify the applicant in the manner provided in subsection (A) of this section.

2. Whenever the applicant receives a notice that the contents of the application, which had been previously determined under subsection (A)(1) of this section to be complete, is insufficient, ambiguous, undecipherable, or otherwise unresponsive of the information being sought, the applicant shall have 90 days to submit the necessary information. If circumstances warrant, the applicant may apply in writing to the director requesting a one-time 90-day extension. The extension request must be received by the city prior to the end of the initial 90-day compliance period.

3. If the applicant does not submit the additional information requested within the 90-day period (or within the 90-day extension period, as applicable), the director shall make findings and issue a decision, according to the Type I procedure, that the application has lapsed for lack of information necessary to complete the review. The decision shall state that no further action will be taken on the application, and that if the applicant does not make arrangements to pick up the application materials from the planning and/or public works/engineering departments within 30 days from the date of the decision, the application materials will be destroyed.

4. When the director determines that an application has lapsed because the applicant has failed to submit required information within the necessary time period, the applicant may request a refund of the application fee remaining after the city’s determination of completeness.

E. Director’s Failure to Provide Determination of Completeness. An application shall be deemed complete under this section if the director does not provide a written determination to the applicant that the application is incomplete as provided in subsection (A) of this section.

F. Date of Acceptance of Application. Permit applications shall not be officially accepted until complete. When an application is determined to be complete, the director shall note the date of acceptance for continued processing.

G. After acceptance, the city shall begin processing the application. Under no circumstances shall the city place any application on “hold” to be processed at some later date, even if the request for the “hold” is made by the applicant, and regardless of the requested length of the “holding” period. This subsection does not apply to applications placed on “hold” upon determination by the city that additional information is required in order to make a decision. [Ord. 3817 § 2, 2010; Ord. 3736 § 4 (Exh. A), 2009].

20.02.005 Referral and review of development project permit applications.

Within 10 days of accepting an application, the director shall transmit a copy of the application, or appropriate parts of the application, to each affected government agency and city department for review and comment, including those responsible for determining compliance with state and federal requirements. [Ord. 3817 § 2, 2010; Ord. 3736 § 4 (Exh. A), 2009].