Article 6 — Planning Permit Procedures
Chapter 17.60 - Application Filing and Processing
Chapter 17.64 - Permit Implementation, Time Limits, and Extensions
Chapter 17.60 - Application Filing and Processing
Sections:
17.60.010 - Purpose of Chapter
This
Chapter provides procedures and requirements for the preparation, filing, and
processing of applications for the land use permits required by this Zoning
Code.
17.60.020 - Authority for Land Use and Zoning Decisions
Table
6-1 (Review Authority) identifies the City official or body responsible for
reviewing and making decisions on each type of application, land use permit,
and other approvals required by this Zoning Code.
17.60.030 - Concurrent Permit Processing
- When a single project incorporates different
land uses or features so that this Zoning Code requires multiple land use
permit applications, the Director may determine that all of the applications
shall be filed concurrently, and reviewed, and approved or disapproved, by the
highest level review authority assigned by Table 6-1 to any of the required
applications. (For example, a project that requires a Zoning Map amendment and
a Conditional Use Permit may be reviewed, and approved or disapproved by the
Council (after a recommendation from the Commission), where a Conditional Use
Permit application by itself may be reviewed and acted upon by the Hearing
Officer.)
- The Director may authorize use of a single
application form and submittal materials for multiple land use applications
required by this Zoning Code.
17.60.040 - Application Preparation and Filing
The
preparation and filing of applications for land use permits, amendments (e.g.,
General Plan and Zoning Map), and other matters pertaining to this Zoning Code
shall comply with the following requirements.
- Standard procedures. The standard procedures contained in this Section
apply to all applications for discretionary permits required under this Zoning Code
and under Municipal Code Title 16 (Subdivision Ordinance).
- Compliance with procedures. All permits shall be processed in compliance with
the standard procedure, except as otherwise provided by this Zoning Code, or
State or Federal law.
- Preapplication
conference.
- Purpose. The purposes of a preapplication conference are to:
- Achieve better projects through
early consultation between City staff and applicants;
- Coordinate reviews of projects
among City staff and City departments;
- Familiarize applicants for the
projects with the regulations and procedures that apply to the projects;
- Avoid significant investment in
the design of a project without preliminary directions from City staff;
- Identify issues that may arise
during review of the projects (e.g., conformance with any applicable design
guidelines, conformance with the goals, policies, and objectives of the General
Plan and the purpose and intent of any applicable specific plan, environmental
requirements and possible recommended mitigation measures, possible recommended
conditions of approval, requirements for public improvements, and possible
concerns from adjoining neighborhoods);
- Provide opportunities for
discussion about the projects and an exchange of information on potential
issues between City staff and the applicants for the projects; and
- Inform the Council and the
public of proposed development projects defined in the administrative
guidelines to be of communitywide significance, by presenting the preapplication
conference report at a Council meeting. This presentation shall only be for
the purpose of informing the Council and the public of a proposed project, and
not for the purpose of discussing the merits of the proposed project.
- Applicability.
- Mandatory review. A preapplication conference shall be required for
projects subject to one or more of the following approvals:
- Optional review. The preapplication conference shall be conducted if
requested by an applicant for a project that would require a discretionary land
use entitlement or a Zoning Map amendment.
- Procedures.
- Scheduling. A preapplication conference shall be conducted
before deeming an application complete, in compliance with Section 17.60.060
(Initial Application Review), below. However, the Director may authorize
subsequent phases of a preapplication conference to be conducted after the
application is deemed complete.
- Meeting. The preapplication conference shall be conducted at
a meeting in which the applicant for a project is invited and the
applicable/responsible City department staff are in attendance.
- Applicable/responsible
staff. The City Manager, or
designee, shall determine which City departments shall participate. The
Director shall designate the staff person(s) to be responsible for scheduling
and conducting the preapplication conference.
- Disclaimer. Neither the preapplication conference nor
information or pertinent policies provided by the City Departments shall be
construed as a City recommendation for approval or disapproval of the
application/project.
- Written report. A written report containing the results of the
preapplication conference and the staff comments on the project shall be
provided to the applicant. For projects that are defined in the administrative
guidelines to be of communitywide significance, the written report shall also
be presented to the Council.
- Administrative guidelines. The City Manager, or designee, shall issue
administrative guidelines for implementation of the preapplication conference
process.
- Application
contents and fee. The Director shall
establish in writing the submittal requirements for permit applications
required by this Zoning Code. All applications shall include the following
submittal materials, as well as any additional materials identified by the
Director:
- A signed
application form;
- The application fee, if
required, in compliance with the Council's
Fee Resolution;
- A completed environmental
assessment form if the project is subject to the California Environmental
Quality Act (CEQA), unless the form has been submitted with a previous
application for the project; and
- Where the application requires
mailed a public notice in compliance with Chapter 17.76 (Public Hearings), a
map showing the location and street address of the project and all lots within
the required notice-mailing radius for the permit, and a mailing list, keyed to
the map, containing the names and addresses of the record owners of each lot,
as shown on the County's latest equalized property tax assessment roll, in
compliance with Chapter 17.76 (Public Hearings).
- Eligibility, filing. All land use permit and other applications required
by this Zoning Code shall be filed with the Department. Applications may be
made by:
- The owner of the subject
property; or
- Any authorized agent or
representative, with the written consent of the property owner.
- Filing date. The filing date of an application shall be the date
on which the Department receives the last submission, map, plan, or other
material required as a part of that application by Subsection A., in compliance
with Section 17.60.060 (Initial Application Review) and deemed complete by the Director.
- Revised materials. Whenever an applicant desires/needs to file revised
materials, the materials shall be submitted at least 10 days before a public
hearing on the application. However, the Director may choose to accept revised
materials after that time, upon determining that there is sufficient time to
review them before the hearing date. In addition, the applicable review
authority may continue an application until the next available meeting date in
order to adequately evaluate materials received after the date of receipt of
the application package.
17.60.050 - Application Fees
- Filing fees required.
- The Council, by resolution,
shall adopt a schedule of fees and charges for the various applications,
approvals, extensions, filings, inspections, licenses, permits, reviews,
services, and other actions required or provided for under this Zoning Code or
required by State or Federal law or regulation and pertaining to any action
specified in this Zoning Code. This schedule of fees and charges shall be
referred to in this Zoning Code as the Council's Fee Resolution.
- These fees and charges shall not
exceed the reasonable estimated costs of the City expended in filing,
performing the inspection, processing the application, providing the service,
or undertaking the action or review required or provided by this Zoning Code.
- The schedule of fees may be
changed from time to time only by resolution of the Council.
- City action shall not be taken
with regard to any application, approval, extension, filing, inspection,
license, permit, review, service, or other action until payment of the
applicable fee or charge is made to the City.
- Initial processing shall not
commence on an application until all required fees/deposits have been paid.
Without the application fee, or a deposit if appropriate, the application shall
not be deemed complete.
- The City is not required to
continue processing any application unless additionally required fees/deposits
(e.g., additionally required "real cost" deposits) are paid in full.
- Failure to pay the applicable
fees/deposits is grounds for disapproval of the application.
- Refunds and withdrawals.
- Recognizing that filing
fees are utilized to cover City costs of public hearings, mailing, posting,
transcripts, and staff time involved in processing applications, no refunds due
to a disapproval are allowed.
- In the case of a withdrawal, the
Director may authorize a partial refund based upon the prorated costs to date
and determination of the status of the application at the time of withdrawal.
17.60.060 - Initial Application Review
All
applications filed with the Department in compliance with this Zoning Code shall
be initially processed as follows.
- Completeness review. The Director shall review all applications for
completeness and accuracy before they are accepted as being complete in
compliance with Section 17.60.040.B (Application contents and fees) above.
- Notification of applicant. The applicant shall be informed in writing within 30
days of submittal either that the application is complete and has been accepted
for processing, or that the application is incomplete and that additional
information, specified in the letter, shall be provided. All additional
information needed shall be identified in the letter providing notice of an
incomplete application.
- Appeal of determination. Where the Director has determined that an
application is incomplete, and the applicant believes that the application is
complete or that the information requested by the Director is not required, the
applicant may appeal the determination in compliance with Chapter 17.72
(Appeals).
- Environmental information. The Director may require the applicant to submit
additional information needed for the environmental review of the project in
compliance with Section 17.60.070 (Environmental Assessment), below.
- Expiration of application. If the applicant does not provide the additional
information required in compliance with Subsection A.1, above, within 120 days
after the date of the letter requesting the additional information, the
Director may consider the application withdrawn if the Director determines that
reasonable progress toward completion of the application has not occurred.
Application processing shall not resume thereafter until a new application is
filed, including fees, plans, exhibits, and other materials that are required
for any project on the same site.
- Criteria for acceptance. An application shall not be accepted as complete
unless or until the Director determines that it is:
- In compliance with zoning
district requirements applicable to the site, except for a Zoning Map
Amendment, Variance, or prezoning filed in compliance with Chapter 17.74
(Amendments); and
- Includes all information and
materials required by Section 17.60.040.B (Application contents and fees).
- Violations
on the site.
- The Director shall not find the
application complete, and shall not process or approve the application, if
conditions exist on the site in violation of this Zoning Code or any permit or
other approval granted in compliance with this Zoning Code, except for an
application for a permit or entitlement, if any, needed to correct the
violation.
- The Director's authority under this Subsection shall apply whether:
(1) The current applicant was the
owner of the subject property at the time the violation occurred; or
(2) The applicant is the current
owner of the subject property with or without actual or constructive knowledge
of the violation at the time of acquisition of the subject property.
- The Director's decision may be appealed in compliance with Chapter
17.72 (Appeals).
- Referral of application. At the discretion of the Director, or where
otherwise required by this Zoning Code, State, or Federal law, any application
filed in compliance with this Zoning Code may be referred to any public agency
that may be affected by or have an interest in the proposed land use activity.
17.60.070 - Environmental Assessment
After
acceptance of a complete application, the project shall be reviewed as required
by the California Environmental Quality Act (CEQA) and the City's Environmental Policy Guidelines.
Chapter 17.61 - Permit Approval or Disapproval
Sections:
17.61.010 - Purpose of Chapter
- Permit review procedures. This Chapter provides procedures for the final
review and approval or disapproval of the land use permit applications
established by this Zoning Code.
- Subdivision review procedures. Procedures and standards for the review and approval
of subdivision maps are found in Title 16 of the Municipal Code.
- Application filing and initial processing. Where applicable, the procedures of this Chapter are
carried out after those described in Chapter 17.60 (Application Filing and
Processing), for each application.
17.61.020 - Code Compliance Certificates
- Purpose. This Section provides a procedure for issuing a Code Compliance
Certificate which is a form provided by the City, certifying that a use,
structure, or sign complies with this Zoning Code. It shall include a
statement that the applicant is the property owner, tenant, or authorized
agent.
- Certificated issued in error. A Code Compliance Certificate issued in error or
based on false, incomplete, or misleading information shall be deemed void.
- Business License. A Business License shall not be issued unless a Code
Compliance Certificate has been issued by the responsible City official.
- Signs.
Signs not required to have a Building Permit shall receive a Code Compliance
Certificate before their installation or application.
17.61.030 - Design Review
- Purpose. Design Review is intended to implement urban design goals and policies
and the Citywide design principles in the General Plan and to apply the City's adopted design guidelines to Design Review. More
specifically, the purposes of Design Review are to:
- Apply Citywide urban design
principles to ensure that new construction supports the best of the City's architectural traditions;
- Encourage new structures that
show creativity and imagination, add distinction, interest, and variety to the
community, and are environmentally sustainable;
- Promote architectural and design excellence in
new construction and discourage poor- quality development;
- Ensure that future development should:
- Reflect the values of the community;
- Enhance the surrounding environment;
- Visually harmonize with its surroundings and not
unnecessarily block scenic views; and
- Avoid nostalgic misrepresentations that may
confuse the relationships among structures over time.
- Ensure that new landscaping provides a visually
pleasing setting for structures on the site;
- Promote the protection and retention of
landmark, native, and specimen trees and if feasible mature canopy trees and
other significant landscaping of aesthetic and environmental value;
- Ensure that the design, quality, and location
of signs are consistent with the character and scale of the structures to which
they are attached and are visually harmonious with surrounding development; and
- Promote the conservation, enhancement,
preservation, and protection of historic resources.
- Applicability. All projects are subject to Design Review in
compliance with this Section, excluding exempted projects identified in
Subparagraph 5., below.
- Review authority.
The review authority for Design Review is specified in
Tables 6-2 and
6-3, below.
- Design Commission may delegate to the Director. The Design Commission may delegate other review and
approval functions to the Director.
- Role of design guidelines.
- Provide guidance. The approved design guidelines shall provide
appropriate guidance to applicants and the applicable review authority (e.g.,
Design Commission or Director) on how projects subject to Design Review shall
be evaluated.
- Consistency with design
guidelines required. Design Review
approval requires a finding of consistency with the applicable design
guidelines. (See Subsection K. [Findings], below.)
- Adopting new or modified
guidelines. The Design Commission
shall review and comment on proposed new design guidelines, or modifications to
existing guidelines, and shall forward a written recommendation to the Council
for its consideration when adopting the new or modified guidelines.
- Exemptions and limitations. The following projects are exempt or otherwise limited
from Design Review in all districts:
- Projects not visible from
public view. Projects that in their
entirety are not visible from the public right-of-way.
- Projects with only partial
public view.
(1) Design Review shall
concentrate on those exterior portions of the structure and related features
that are in full or partial view from the public right-of-way.
(2) Design Review may also
consider interior courtyards and building elevations out of public view in
order to improve the visual relationship between new construction and its
surroundings, to create more open views and improved access to light and air,
and to ensure that predominant architectural and landscaping treatments are
appropriately incorporated into the secondary elevations and open space of the
structure.
- Interior features and
interior alterations. Interior
features and interior alterations are exempt from Design Review unless they
materially affect a structure's appearance
from the public right-of-way.
- Signs. Signs having no words or symbols exceeding three
inches in height and temporary signs and banners are exempt from Design Review.
Table 6-2 — Thresholds for Design Review
and Demolition Review in the Central District
|
Project Type
|
Review Authority
|
|
Structures
up to 5,000 sq. ft.* or residential projects with nine or fewer dwelling
units.
|
Director
|
|
Structures
5,000 sq. ft.* or more or residential projects with 10 or more dwelling
units.
|
Design Commission
|
|
Arroyo Corridor, Civic Center, Lake Avenue, Old Pasadena, Playhouse
District, and Urban Housing.
|
|
Structures
up to 10,000 sq. ft.*
|
Director
|
|
Structures
10,000 sq. ft.* or more.
|
Design Commission
|
|
A. Civic Center, Lake Avenue, Old Pasadena, and Playhouse District.
|
|
All
structures.
|
Director
|
|
B. Arroyo Corridor and Urban Housing.
|
|
Historic resources.
|
Director
|
|
All
other structures.
|
No Review
|
|
All
structures.
|
Director
|
|
New
signs and awnings, replacement of existing building identity signs in
existing locations (copy/logo change only).
|
Director
|
|
New
building identity wall signs.
|
Design Commission
|
|
Structures
ineligible for historic designation.
|
Director
|
|
Historic resources.
|
Design Commission
|
|
New construction of structures up to 5,000 sq. ft.* (for projects
open to public view) and major rehabilitation or substantial alterations to
existing buildings up to 10,000 sq. ft.*
Minor projects, as defined in Section
17.80.020 (H), affecting
historic resources. |
Director
|
|
New construction of structures 5,000 sq. ft.* or more and
major rehabilitation or substantial alterations to existing buildings
10,000 sq. ft.* or more.
Major projects, as defined in Section 17.80.020
(H), affecting
historic resources. |
Design Commission
(with advisory review by Historic
Preservation Commission for projects affecting
historic resources) |
*Sq.
ft. means total amount of gross floor area expressed in square feet.
TABLE 6-3 — Thresholds for Design Review
Outside the Central District and All Other Districts
|
A. Major Corridors.
|
|
Structures
5,000 sq. ft., up to and including 25,000 sq. ft.* (with street frontage).
|
Director
|
|
Structures
over 25,000 sq. ft.* (with or without street frontage).
|
Design Commission
|
|
B. Areas with Specific Plans.
|
|
East Colorado, East Pasadena, Fair Oaks-Orange Grove and So. Fair Oaks.
|
|
Structures
5,000 sq. ft., up to and including 25,000 sq. ft.* (with street frontage).
|
Director
|
|
Structures
over 25,000 sq. ft.* (with or without street frontage).
|
Design Commission
|
|
West Gateway
|
|
Structures
up to and including 25,000 sq. ft.*
|
Director
|
|
Structures
over 25,000 sq. ft.* (with or without street frontage).
|
Design Commission
|
|
North Lake |
|
Additions up to and including 500 sq. ft. except on street-facing elevations |
Director
|
|
All other projects |
Design Commission
|
|
C. City of Gardens Standards and Senior Housing in PS District.
|
|
Nine
or fewer dwelling units.
|
Director
|
|
Ten
or more dwelling units.
|
Design Commission
|
|
All projects in a designated landmark or historic
district outside of the Central District.
|
Historic Preservation Commission
|
|
D. Elsewhere — Citywide.
|
|
Structures
5,000 sq. ft., up to and including 25,000 sq. ft.* (with street frontage).
|
Director
|
|
Structures
over 25,000 sq. ft.* (with or without street frontage).
|
Design Commission
|
|
A. Major Corridors.
|
|
Structures
up to and including 25,000 sq. ft.* (with street frontage).
|
Director
|
|
Structures
over 25,000 sq. ft.*
|
Design Commission
|
|
B. North Lake Specific Plan
|
|
Structures
up to and including 500 sq. ft. |
Director
|
|
All other projects |
Design Commission
|
|
West Gateway Specific Plan.
|
|
Qualifying
historic structures, designated or eligible for designation.
|
Director
|
|
All
other structures.
|
No Review
|
|
New
signs and awnings (for all projects requiring Design Review only).
|
Director or
Design Commission
|
|
Minor
rehabilitation and minor alterations.
|
No Review
|
|
Major
rehabilitation of an existing facility.
|
Director
|
|
New
construction of a new facility.
|
Design Commission
|
|
New construction of structures up to 5,000 sq. ft.* (for projects
open to public view) and major rehabilitation or substantial alterations to
existing buildings up to 10,000 sq. ft.*
Minor projects, as defined in Section
17.80.020 (H), affecting
historic resources. |
Director |
|
New construction of structures 5,000 sq. ft.* or more and
major rehabilitation or substantial alterations to existing buildings
10,000 sq. ft.* or more.
Major projects, as defined in Section
17.80.020 (H), affecting
historic resources. |
Design Commission
|
