23.404.020 Application Submittal.
A. Application Submittal. Applications for discretionary permits required by the Zoning Ordinance shall be submitted to the Planning and Development Department ("Department").
B. Application Form and Contents.
1. Applications shall be made in writing on a form provided by the Department.
2. Applications shall identify one person as the applicant.
3. Applications shall be filed with all information and materials required by the Department. Depending on the type of project and required permit, required information and materials may include plans, renderings, models, photographs, material samples, reports, studies, and other items necessary to describe existing conditions and the proposed project.
4. All submitted application materials become City property available to the public.
5. The applicant is responsible for the accuracy and completeness of all information submitted to the City.
C. Eligibility for Filing. An application may be filed by:
1. The owner of the subject property;
2. An agent with written authorization to represent the owner;
3. A person under contract or with an exclusive option to purchase the property, with written consent of the current owner;
4. A tenant with written consent of the owner or the owner’s authorized designee; or
5. An agency lawfully instituting eminent domain proceedings.
D. Pre-Application Notice Posted by Applicant.
1. Before submitting an application for a discretionary permit, an applicant shall post a conspicuous notice of the proposed project readily visible from the street adjacent to the property’s primary frontage.
2. The form and contents of the notice shall be as specified by the Department.
E. Application Fees.
1. When Required.
(a) An application shall be accompanied by all required fees listed in the current Fee Schedule approved by the City Council.
(b) The Department will process an application only if all required fees are paid, unless the City approves a fee waiver in accordance with Paragraph 2 (Fee Waivers) below. The Department will not deem an application complete if a required fee remains unpaid.
(c) Application fees are not required when the City is the applicant, or when a fee is waived under any other provision of the Municipal Code.
2. Fee Waivers. In addition to seeking a fee waiver or deferral under other provisions of the Municipal Code, an applicant may request a fee waiver or deferral as follows:
(a) An applicant shall submit to the Department a written request for a fee waiver or deferral before submitting the application. The request shall identify the amount of all Current Planning fees required for the project and describe the reasons why the fee waiver or deferral is necessary.
(b) The Director shall forward the request to the City Manager. The City Manager may approve the request upon finding that:
i. The project will provide a significant public service or benefit, and
ii. The waiver or deferral is necessary to make the project economically feasible to construct or establish.
(c) The City Manager shall notify the City Council of a decision to approve a requested fee waiver or deferral. At its discretion, the City Council may reverse the City Manager’s decision and deny the request.
(d) If the request is approved, the applicant shall include with the application a letter from the City Manager authorizing the fee waiver or deferral. The Department will accept the application only if submitted with the City Manager’s letter.
3. Refunds and Withdrawals.
(a) If an application is withdrawn before a decision, the applicant may be eligible for a refund of a portion of the fee.
(b) The amount of the refund shall be determined by the Zoning Officer based on the level of staff review conducted to date. Refunds of fees may not be made for denied applications.
F. Multiple Permit Applications.
1. Zoning Ordinance Discretionary Permits. The following procedures apply to proposed projects that require multiple discretionary permits under the Zoning Ordinance (e.g., Use Permit and Variance).
(a) An applicant shall request City approval of all required permits as part of a single application unless the Zoning Officer waives this requirement.
(b) The Department shall process multiple permit applications for the same project concurrently.
(c) City action on projects requiring multiple permits shall occur as follows:
i. Concurrently for permits reviewed by the same review authority (e.g., the Zoning Adjustments Board (ZAB) concurrently reviews and acts on a Variance and Use Permits required for a project); and
ii. Sequentially for permits reviewed by different review authorities, as necessary (e.g., the City Council approves a Zoning Map amendment before ZAB action on a Use Permit).
2. Design Review. See Section 23.406.070 (Design Review) for the Design Review application process.
3. Other Permits.
(a) Separate applications are required for permits required by portions of the Municipal Code outside of the Zoning Ordinance. The City will review and act on these applications in a separate but coordinated process from applications required under the Zoning Ordinance.
(b) For example, if a project requires both a Use Permit approved by the ZAB and a Structural Alteration Permit (SAP) approved by the Landmarks Preservation Commission (LPC), then a separate SAP application is required. A SAP application is processed separately from the Use Permit applications and is scheduled for consideration at a hearing before the LPC. (Ord. 7787-NS § 2 (Exh. A), 2021)