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