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A. Review for Completeness.

1. Determination of Completeness. Department staff shall determine whether an application is complete based on the Department application submittal checklist.

2. Request for Additional Information. If it is not complete, the Department shall inform the applicant in writing as to the information and materials needed to complete the application.

3. Review Timeline. The Department shall review and determine whether an application is complete within the timelines required by Government Code Section 65920 et seq. (Permit Streamlining Act).

B. Record of Date of Complete Application. The Department shall record the date the application is deemed complete.

C. Referrals to Landmarks Preservation Commission. At every regular Landmarks Preservation Commission (LPC) meeting, the Department shall provide the LPC a list of all pending permit applications.

D. Project Evaluation and Staff Reports.

1. Staff Evaluation. The Department shall review all applications to determine if they comply with the Zoning Ordinance, the General Plan, and other applicable City policies and regulations and state laws.

2. Staff Report. For all applications requiring review by the ZAB and City Council, the Department shall prepare a staff report describing the proposed project and including, where appropriate, a recommendation to approve, approve with conditions, or deny the application.

3. Report Distribution. The staff report shall be given to the applicant after it is provided to the review authority and before action on the application.

E. Environmental Review.

1. CEQA Review.

(a) After acceptance of a complete application, the Department shall review the project in compliance with the California Environmental Quality Act (CEQA) and any adopted City CEQA guidelines.

(b) The City shall determine the required level of environmental review (e.g., exemption, Negative Declaration) within the timeframe required by CEQA.

2. Special Studies Required. Special studies, paid for in advance by the applicant, may be required to supplement the City’s CEQA compliance review.

F. Summary Denial of Applications.

1. Section Purpose. This section describes the process by which the Zoning Officer may deny an application without notice or hearing ("summary denial") for property subject to City action to abate a public nuisance or correct a Zoning Ordinance violation.

2. Applications Subject to Summary Denial.

(a) The Zoning Officer may summarily deny an application that would legalize a structure or use subject to a final City order under 23.414 (Nuisance Abatement).

(b) The Zoning Officer shall not summarily deny applications for permits that are necessary to comply with any such order.

3. Factors to Consider. When deciding whether to deny such an application, the Zoning Officer shall consider:

(a) Whether the project will be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the area or neighborhood of the proposed use;

(b) Whether the project will be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood or to the general welfare of the City;

(c) Whether the applicant had an adequate opportunity to submit the application before the adoption of a final order under Chapter 23.414 (Nuisance Abatement); and

(d) The level of permit applied for (i.e., AUP, Use Permit, or Variance). Applications for Variances as a means of legalizing a violation are particularly disfavored.

4. Hearing Not Required. A public hearing is not required for the Zoning Officer to summarily deny an application.

5. Decision is Final. A decision by the Zoning Officer to summarily deny an application is final and may not be appealed. (Ord. 7787-NS § 2 (Exh. A), 2021)