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HomeMy Public PortalAboutOrdinance 5601 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 560 AN ORDINANCE OF THE CITY OF BEAUMONT, CALIFORNIA TO IMPLEMENT THE PERMIT STREAMLINING ACT (AB -884) THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA DOES ORDAIN AS FOLLOWS: Section I. PURPOSE: The purpose and intent of this Ordinance is to implement the Permit Streamlining Act (Chapter 4.5 commencing with Section 65920 of Division 1 of Title 7 of the Government Code as added by Assembly Bill 884 - Chapter 1200, Statutes of 1977, and as subsequently amended). It is further intended by this Ordinance to ensure that state and local agencies, and the general public have a clear under- standing of the specific requirements which must be met in connection with the approval of development projects and to expedit decisions of such projects. The provisions of the Zoning Ordinance, No. 490 of the City of Beaumont, or such other zoning ordinance that may be adopted, are hereby incorporated by reference and are subject to all of the time limitations as specified herein. The existing decision-making structure remains intact, so actual decisions continue to be made in the usual manner by the Legislative body, Planning Commission, Design Review Commission and Zoning Administrator. Section II. DEFINITIONS: Whenever the following words are used in this ordinance, they shall have the meaning given them in these sections, unless otherwise defined. These definitions are intended to clarify but not replace or negate the definitions used in Chapter 4.5 of Division 1 of Title 7 of the Government Code. A. Administrative Appeal "Administrative Appeal" means review, as provided by law, rule, regulation or ordinance, of an approval or denial of an application for a development project either by a body within the public agency or by an agency at another level of government (such as California Coastal Commission). B. Air Pollution Control District "Air Pollution Control District" means any district created or continued in existence pursuant to the provisions of Part 3 (commencing with Section 4000) of Division 26 of the Health and Safety Code. C. Applicant "Applicant" means a person who requests in writing the approval of a lease, permit, license, certificate, or other entitle ment for use from one or more public agencies which may be required for a development project proposed by that person. D. Application "Application" means the form and information submitted by an applicant. The form and information is to be used to deter- mine whether to approve or deny permits or other entitlement for use. It shall also serve as the factual basis from which an Initial Study is conducted to determine potential significant En- vironmental Impacts. One development project may require one or Page 1 3. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 more permits from the same public agency, depending on the number of entitlements for use required by individual agency procedures or regulations. E. Approval "Approval" means the issuance or commitment to issuanc by a public agency of each lease, permit, license, certificate or other entitlement for use for a development project for which an application was accepted as complete. The exact date of approval of any development project is determined by each public agency according to its rules, regulations and ordinances, consistent with these guidelines. "Approval" includes all actions required by all public agency departments and organizational units which must act upon the permit in order for it to be validly issued, but does not include administrative appeals. F. CEQA - California Environment Quality Act "California Environmental Quality Act (CEQA)" means California Public Resources Code Sections 21000, et seq. G. Combined Environmental Impact Report - Environmental Impact Statements A "combined EIR/EIS" means an environmental document prepared cooperatively by the State lead agency under the Californi Environmental Quality Act (CEQA)and the Federal lead agency under the National Environment Protection Act (NEPA) to comply with both the California Environmental. Quality Act and the National Environ- mental Protection Act. H. Development "Development" means the: Placement or erection of any solid material or structure on land, in water, or under water; Discharge or disposal of solid, liquid, gaseous or thermal waste or any dredged material; Grading, removing, dredging, mining or extraction of any materials; Change in density or intensity of use of land including subdivisions (pursuant to Subdivision Map Act commencing with Section 66410 of the Government Code) or other division of land, except land divisions produced by public agency acquisition of land for public recreation uses, and except the approval or disapproval of final subdivision maps; Change in intensity of use of water or altered acces to water; Construction, reconstruction, demolition or alter- ation of any structure; Removal or harvesting of major vegetation, except for agricultural operations, kelp harvesting, or timber operations which comply with an approved timber harvest plan submitted pur- suant to the Z'berg-Nejedly Forest Practices Act of 1973 (Chapter 8, commencing with Section 4511, of Part 2, Division 4 of the Public Resources Code). Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. "Development" does not mean a "change of organization" as defined in Section 56028, a "change of organization of a city", as defined in Section 35027, a "reorganization", as defined in Section 56068, or a "municipal reorganization", as defined in Section 35042 of the Government Code. I. Development Project "Development project" means any project undertaken for the purpose of development. "Development project" includes a pro- jection involving the issuance of a discretionary permit for construction or reconstruction. "Development project" does not include: (1) the issuance of a permit to operate after approval of construction or reconstruction, (2) any ministerial projects proposed to be carried out or approved by public agencies. J. Environmental Documents "Environmental documents" means Initial Studies, Notices of Preparation, Negative Declarations, Draft and Final Environmental Impact Reports (EIRs), Notices of Completion and Notices of Determination as defined in the State EIR Guidelines contained in Chapter. 3, Division 6, of Title 14 of the California Administrative Code. K. Lead Agency "Lead agency" means the public agency which has the principal responsibility for carrying out or approving a project. "Lead agency" means the same lead agency as determined pursuant to the California Environmental Quality Act. L. Local Agency "Local agency" means any public agency other than a State or Federal agency, board, or commission. Local agency includes but is not limited to cities, counties, charter cities, a city and county, districts, school districts, special districts, redevelopment agencies, and any board, commission or organizational subdivisions of a local agency are normally considered part of one local agency and are not separate local agencies. M. Permit Streamlining Act "Permit Streamlining Act" means Chapter 4.5 (commencin with Section 65920) of Division 1 of Title 7 of the Government Code as added by Assembly Bill 884 (Chapter 1200, Statutes of 1977) and as subsequently amended. N. Project "Project" means any activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. "Project" differs in meaning from the same word in the California Environmen- tal Quality Act. "Project" includes but is not limited to activities requiring the following entitlements for use: The adoption or amendment of a zoning ordinance applie for by a private applicant (pursuant to Government Code Sections Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 65850, et seq.) which is limited in its effect to only one identi- fied development project site. As used in this section "site" means a specific, relatively small parcel or contiguous parcels of real property; 1. A tentative map or parcel map under the Sub- division Map Act (Government Code Sections 66410, et seq.); 2. A use permit or conditional use permit; 3. A variance; 4. Review under a discretionary ordinance, such as a design review ordinance; 5. Other applicable discretionary approvals. "Project" does not include the following activities of a public agency: Issuing a contract, grant, subsidy, loan, or other form of financial assistance; Taking a legislative or quasi -legislative action, such as issuing rules or regulations; Proposing development to be carried out by that public agency; Adopting or amending a local agency's general plan (pursuant to Government Code Sections 65350, et seq.) or zoning ordinance that regulates an area larger than one identified deve- lopment project site, or that is proposed by a local agency (pursuant to Government Code Sections 65850, et seq.); or specific plans (pursuant to Government Code Sections 6550, et seq.); Renewing, extending or assigning an entitlement for use, provided that no new development is proposed either by the applicant, or by the agency as a condition of approval; Approving or denying activities requiring those minis- terial permits as defined pursuant to the California Environmental Quality Act which can include but are not limited to, building permits, final subdivision maps, occupancy permits, permits to operate, and inspection permits. 0. Public Agency "Public agency" means any State agency, any county, city and county, city, regional agency, public district, redevelop- ment agency, or other political subdivision. It does not include courts of the State, or agencies of the Federal Government. P. Responsible Agency "Responsible agency" means a public agency, other than the lead agency, which has responsibility for carrying out or approving a project. It includes all public agencies other than the lead agency from which a lease, permit, license, certificate, or other entitlement for use is required for the development projec Q. Shall/Should/May "Shall" is mandatory, "should" is advisory, and "may" Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 is permissive. R. Single Administrative Entity "Single Administrative Entity means the department or person within the department responsible for coordination of all permits and is able to provide information as to where the project is in the review process. S. State Agency "State Agency" means any agency, board, or commission of State Government. For all purposes of this ordinance the term "State agency" shall include an air pollution control district. T. Trustee Agency "Trustee agency" means a State agency having jurisdic- tion by law over natural resources affected by a project which are held in trust for the people of the State of California. Trustee agencies include: The California Department of Fish and Game with regard to the fish and wildlife of the State; The State Lands Commission with regard to State owned "sovereign" lands; The State Department of Parks and Recreation with regard to units of the State Park System; The University of California with regard to sites within the Natural Land and Water Reserve System. Section III. ENTITY DESIGNEE: The Single Administratative Entity is designated as the Planning Department. Section IV. APPLICABILITY: This ordinance applies generally to all defined development projects approved by the City. Section V. EXEMPTED ACTIVITIES: This ordinance does not appl to the following actions: 1. Administrative appeals within a local agency or t a State agency. 2. Approval or disapproval of a final subdivision map pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code). However, approval or disapproval of a final subdivision map is still subject to Government Code Section 66458, which generally requires the local legislative body to act on a final map within ten (10) days of the filing of the map or at its next regularly scheduled meeting, unless an extension is authorized. In addition, the approval or disapproval of a final subdivision map shall occur within one year from the date on which the final map is filed for approval (as required by Government Code Section 65922 (c)), and this deadline is not extendable. City. 3. Change in organization or reorganization of the Section VI. PERMIT APPLICATIONS; A. Determination of Completeness: Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1. Unified Application Form: The City shall upon initial submission provide the applicant with a list of all permits and standards needed to deve- lop the project. (Sample in Attachment 1). 2. 30 Day Time Limit: For any application received on or after January 1, 1983, a written determination must be made within 30 days or else application shall be deemed complete for purposes of the Permit Streamlining Act. This means that the time limits shall begin to run after the 30th day if the public agency has not determined in writing whether the application is complete or incom- plete. (Reference - Government Code Section 65943). 3. Incomplete Applications: In the event the application is determined not to be complete, the agency's determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. 4. Local Permit Assistance: The City shall assist the applicant to make the application complete within 30 days after receiving the application The determination whether an application is complete or incomplete may be made by agency staff, and should be transmitted to the address of the applicant indicated on the application form. 5. Time Limit for Decision - Lead Agency: The City which is the lead agency for a development project shall after review and certification of an EIR, completion of a Negative Declaration, or other means of compliance with CEQA through City Resolution No. 1980-45, or such other subsequently adopted ordinance or resolution, approve or disapprove such project within one year from the date on which an application requesting approval of such project has been received and accepted as complete by the City. All time limits. specified by the lead agency are maximum time limits for approving or disapproving development pro- jects. All City public agencies shall, if possible, approve or disapprove development projects in shorter periods of time. 6. Time Limit for Decision - Responsible Agency(ies): Any other public agency which is a responsible agency for a development project shall approve or disapprove such project within whichever of the following periods of time results in a later deadline date: a. Within 180 days from the date on which the lead agency has approved or disapproved such project; or b. Within 180 days of the date on which a completed application for such project has been received and accepted as complete by the responsible agency. This 180 day period begins for each agency when the application has been accepted as complete by that agency, regardless Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 of the status of applications for the same development project with other responsible agencies. The applicant should provide the responsible agency with written documentation of the date of the lead agency's appro- val or disapproval of the project immediately upon such agency's action. All time limits specified for responsible agencies are maximum time limits for approving or disapproving development projects. All responsible agencies shall, if possible, approve or disapprove development projects in shorter periods of time. 7. Exceptions - Time Limits: a. Waiver: In the event that a combined environmental im- pact report -environmental impact statement is being prepared on a development project pursuant to Section 21083.6 of the Public Resources Code, the City may waive the time limits required by the Chapter. To waive these time limits, the City must first find that a combined EIR/EIS cannot be com- pleted within the limits, and that the time necessary to prepare a combined EIR/EIS would be shorter than to prepare each document separately. The lead agency then shall approve or disapprove such project within 60 days after the combined environmental impact report -environmental impact statement has been completed and adopted. b. Exemptions: The time limits specified by the Chapter shall not apply in the event that Federal statutes or regu- lations require time schedules which exceed such time limits, or to applications to appropriate water where such applications have been protested pursuant to Chapter 4 (commencing with Section 1330) of Part 2 of Division 2 of the Water Code, or to petitions for changes pursuant to Chapter 10 (commencing with Section 1700) of Part 2 of Division 2 of the Water Code. c. Extension: The time limits specified herein may be extended once for a period not to exceed 90 days upon consent of the City and the applicant. The City shall not require the applicant to waive time limits specified in the Permit Streamlining Act or consent to an extension of time as part of the initial permit application. d. Moratoriums: A moratorium on approving development projects that is adopted by the City does not automatically waive or extend the time limits specified by this Chapter. Instead, a moratorium can provide the basis for the City to refuse in writing to accept an application as complete or to formally deny a development project application, within the time limits specified herein. e. Administrative Appeals/Litigation: The time limits specified herein shall be suspended in the event of an administrative appeal. Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 8. Failure to Meet Time Deadlines on Decision: In the event that the City or responsible agency fails to act to approve or to disapprove a completed application for a development project within the time limits specified herein, such failure to act shall deem the application automatically approved. 9. Conditional Approvals: The City may establish reasonable standard condi- tions which would automatically be applicable to any development project deemed approved pursuant to this ordinance. Such standard conditions shall be consistent with conditions attached to other projects of a similar type and in a similar location when pre- viously approved by the City. 10. Denials: In the event that information needed for the reasons shown below is not provided by the applicant or cannot be developed by the City within the time limits specified by this ordinance, the City may deny a permit for a development project to allow time to obtain the needed information. Information whose absence would constitute a reason for such a denial are: a. Information which is to be supplied by the applicant and is necessary to prepare a legally adequate environmental document; b. The results of year-long studies conducted by or prepared under contract for the City, when such results are necessary to prepare a legally adequate environmental document; c. Information necessary to prepare a supple- mental Environmental Impact Report in compliance with Public Resources Code Section 21166; or d. Information without which the City's decision to approve would not be supported by substantial evidence. Denials for these reasons may be deemed by the City to be a denial without prejudice to the applicant's right to reapply for the same permit. If a reapplication is made, it should be handled expeditiously by the City. 11. CERA Compliance: The City is required to complete and certify for private projects an environmental impact report within one year, or complete a negative declaration within 105 days. These time limits shall begin and run concurrently, and not consecutively, with the one year time limit for the City to approve or disapprove a development project according to this ordinance, except as pro- vided by this Section. a. Subject to the one year maximum time limit plus extension as described in Subsection 7-c, when existing statutes require the City to approve or deny a permit appli- cation within a period of time of less than 6 months or else the permit application will be approved by operation of law, such time period shall not begin to run until the environmen- tal documentation required by the California Environmental Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Quality Act is completed and certified by the lead agency. Such permits would be, but are not limited to: 1) Action on a tentative subdivision map by a local government, pursuant to Article 2 (commencing with Section 66452) of Chapter 3, Division 2, Title 2 of the Government Code; 2) Action on a Zoning Variance permit; 3) Action on a Special (Conditional) Use Permit; 4) Action on a permit issued by a Design Review Commission; 5) Action on a sign permit; and 6) Action on other discretionary per- mit(s) subject to lla above. b. In such case, the environmental document shall be completed or certified and the decision on the application shall be made by the City within one year from the date on which an application requesting approval of such project has been received and accepted as complete by such agency pursuant to the Permit Streamlining Act. This one year time limit may be extended once for a period not to exceed 90 days upon con- sent of the City and the applicant. 12. Multi -Permit Projects: a. In the event that a development project re- quires more than one approval by the City, the agency may establish time limits: 1) for submitting the information re- quired in connection with each separate request for approval; and 2) for acting upon each such request; provided, however, that the time period for acting on all such requests shall not, in aggregate, exceed those limits specified in this ordinance. b. The City should require the applicant to either submit a series of permit applications according to an established schedule, or require the applicant to file all applications simultaneously using a combined single unified application form. c. The City may, however, allow an applicant to apply for each request for approval individually with- out adhering to a schedule, in which case each application will be processed and decided separately according to the time limits specified in this ordinance. 13. Additional Subsequent Information: a. After the City accepts an application as com- plete, the agency shall not subsequently request of an applicant any new or additional information which was not required as part of the application originally determined to be complete. However, the City may, in the course of pro- cessing the application, request the applicant to clarify, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 amplify, correct, or otherwise supplement the information re- quired for the original complete application. Making a reques for supplemental information does not waive, extend or delay the time limits prescribed herein for a decision on the completed application. b. This Section shall not be construed as requirin an applicant to submit with the initial application all of the information which shall be required in order to take final action on such application. Prior to accepting an application the City shall inform the applicant in writing of any infor- mation which will subsequently be required from the applicant in order to complete final action on such application. However, the application shall contain enough information for the lead agency to prepare an Initial Study under CEQA. c. This Section shall not be construed as limiting the ability of the City to request and obtain information which may be needed in order to comply with the provisions of CEQA (California Environmental Quality Act). Therefore, the City shall request, and the applicant then shall supply, any additional information needed to prepare adequate environmen- tal documents as identified by the City, responsible agencies, commenting agencies, and agencies with jurisdiction by law (as defined by the California Environmental Quality Act) and the general public to assure that the environmental review process can be utilized to shape the design of a project. Further, some of the environmental data needed for decision on a permit may be gathered during the review process rather than supplied with the initial application. MOVED, PASSED and ADOPTED upon second reading this llth day of April , 1983. ATTEST: rzk 1 M' AYOR OF THE CITY OF BEAUMONT CERTIFICATION I,Irene Joyce Sweeney , City Clerk of the City of Beaumont DO HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on the 28th day of March , 1983, and was duly adopted upon second reading on the lith_ day of _ April , 1983, upon the following roll call vote: AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSTAIN: None. BSENT: None. cly ATED -10- CITY CLffe—/ UNIFIED APPLICATION SUMMARY FORM I. PROJECT DESCRIPTION - (Including legal description, address, general description of the project) ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ II PERMIT(S) REQUIRED FOR THE PROJECT (Check Appropriate Box) Fees A. / / - CEQA Compliance 1) / / Categorically Exempt / / Statutory Exempt 2) / / Initial Study a)/ / Negative Declaration b)/ / EIR B. / / - TENTATIVE TRACT MAP (5 or more lots) C. / / - TENTATIVE PARCEL MAP (less than 5 lots) D. / / - CONDITIONAL USE PERMIT E. / / - VARIANCE F. / / - PLOT PLAN REVIEW APPROVAL G. / / - SIGN PERMIT H. / / - GENERAL PLAN COMPLIANCE 1)/ / General Plan Amendment Needed 2)/ / Zone Change Needed I. / / - OTHER LOCAL DISCRETIONARY PERMITS J. / / - . . . TOTAL NUMBER OF PERMITS - TOTAL FEES. . . ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ III INFORMATION REQUIRED TO COMPLETE APPLICATION FOR PERMITS Number of CHECKED ABOVE Copies (Specify by number/letter - IV DATE SUBMITTED: DATF OF DETERMINATION OF COMPLETENESS SIGNATURE: SIGNATURE: (Applicant) (City Gaff) CASE NUMBER