ACTION:
____________________________
Clerk/Secretary
Department: Community Development Item No: PH3
Prepared by: Joe Vacca, Director Meeting Date: March 26, 2024 Approved by: John Conley, City Manager Agenda Location: Public Hearing SUBJECT: CODE AMENDMENT TO ALLOW WITHDRAWAL OF DEEMED INACTIVE APPLICATIONS RECOMMENDATION:
1.Open, conduct, and close a public hearing to receive testimony regarding the Development Code Amendment to Chapter 18.04 General Requirements, to allow withdrawal of deemed inactive applications (P24-0027).
2. Adopt City Council Ordinance No. 2024- , amending Chapter 18.04 of the Vista Development Code to allow withdrawal of deemed inactive applications.
CORRELATION TO CITY COUNCIL GOALS: Relates to but does not directly support the following City Council goal: Fiscal Responsibility
PRIOR ACTION: None.
PRIOR PLANNING COMMISSION ACTION: On February 20, 2024, the Planning Commission adopted Resolution No. 2024-03, recommending City Council approval of an ordinance amending chapter 18.04 General Requirements of the Vista Development Code, to allow withdrawal of deemed inactive applications (Vote: 6-0).
STATEMENT ON THE SUBJECT: From time to time, applicants submit development applications and then for a variety of reasons do not actively pursue application processing. The Vista Development Code does not appropriately provide a process for staff to administratively deem an application inactive and subsequently complete withdrawal of that application. This code update will provide an administrative process for withdrawal of applications and will also provide a process for a refund of unused application fees.
Project Description. The proposed project amends Chapter 18.04, General Requirements, of the Development Code, to allow an administrative withdrawal of applications and refund of unused fees. The proposed changes are found in Section 18.04.140.B. and in a new Section 18.04.142.A and B. as follows:
Section 18.04.140.B.
B.Where such written request has been filed and the application withdrawn, upon approval of a proper claim for refund of any fee paid for the filing of such application, the City Council may order the refund of such fee less any costs the Council shall determine to have been incurred by the City incidental to action or proposed action on the application. Application for refund of fees shall be made in the manner and on the AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Ordinance No. 2024-03. Vote: 5-0.
MEETING DATE: March 26, 2024 PAGE 2
SUBJECT: CODE AMENDMENT TO ALLOW WITHDRAWAL OF DEEMED INACTIVE APPLICATIONS form prescribed for refund authorized by the Government Code. any unused fees paid for the filing of such application shall be refunded based on calculating staff’s time spent reviewing such project application and, upon applicant’s request, materials returned. Unused fees do not include those that remain due to the City for processing of the application.
Section 18.04.142.A and B.
A. Any application filed pursuant to this title shall be deemed inactive and may be withdrawn when the applicant has not adequately responded within twelve (12) months to submittal items required by staff for processing, as provided in an incomplete letter. The Director may grant thirty (30) day extensions to that period if the applicant requests an extension in writing prior to the expiration date. Upon expiration of the twelve (12) months and any applicable extensions, and prior to the application being deemed withdrawn, the Director shall send a letter notifying the applicant of the withdrawal determination. Such determinations are subject to appeal to the Zoning Administrator pursuant to the procedures of Development Code section 18.04.150.C.
B. After passage of the appeals period, any unused fees paid for the filing of such application shall be refunded and, upon applicant’s request, materials returned. Unused fees do not include those that remain due to the City for processing of the application. Deemed inactive applications that are withdrawn are actions without prejudice, thereby enabling a re-application for a project of the same, or similar nature by any applicant. The re-application shall be subject to all current City fees and codes in effect at the time of re-application.
There are no other changes proposed to this Chapter.
Staff Review. The proposed development code amendments to deem an application inactive would be consistent with the General Plan Land Use and Community Identity Element, Policy 11.1, in that such applications are not consistent with this Policy of encouraging community participation in planning and development of land use policies, plans and programs through outreach efforts, workshops, community meetings, public hearings, newsletters and electronic media. Because the applicant has not actively pursued application processing, this code amendment would provide staff with a process to withdraw any inactive applications and instead focus on promoting public interest and involvement in development and implementation of the City’s land use planning policies, plans, and programs where applications for development are actively being pursued.
The proposed code amendments are also being initiated by staff to ensure efficient use of staff time. The allowance of an administrative withdrawal process for inactive applications would afford staff more time to dedicate to pending development applications that are being actively pursued and processed within the City of Vista. The proposed amendments to chapter 18.04 of the Development Code are exempt pursuant to CEQA Guidelines Section 15061(b)(3), under the “Common Sense” exemption, because there is no possibility that the proposed amendments may have a significant effect on the environment. This update is consistent with Policy 11.1 in the Land Use and Community Identity Element of the General Plan.
FISCAL IMPACT: There is no direct fiscal impact related to this discussion item.
EXHIBITS:
1. City Council Ordinance No. 2024- , amending Chapter 18.04 of the Vista Development Code to allow withdrawal of deemed inactive applications
2. Redline of Development Code Amendment Chapter 18.04
03/26/2024 PH3 2 of 7
ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 18.04 OF THE VISTA
DEVELOPMENT CODE TO ALLOW WITHDRAWAL OF DEEMED INACTIVE
APPLICATIONS
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.
B. The City intends to amend Chapter 18.04, of the Development Code, to allow an administrative process to withdraw applications that have been deemed inactive, and to refund any used fees, within the City of Vista.
C. The proposed Development Code amendments would be consistent with the General Plan Land Use and Community Identity Element, Policy 11.1, in that applications that are deemed inactive are not consistent with this Policy and therefore this code amendment provides staff a process to withdraw inactive applications to focus on promoting public interest and involvement in development and implementation of the City’s land use planning policies, plans and programs where applications for development are actively being pursued.
D. The proposed amendments to chapter 18.04 of the Development Code would allow staff to administratively withdraw applications that have been deemed inactive, and, therefore, are exempt pursuant to CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption, because there is no possibility that the proposed amendments may have a significant effect on the environment.
2. Code Amendment.
A. Chapter 18.04, General Requirements, is amended, as follows:
“Chapter 18.04
General Requirements
Sections:
18.04.010 Application for Zone Changes - Commission Authority
18.04.020 Application Signatures - Evidence of Notice
18.04.030 Filing Fees
18.04.040 Waiver of Fees
18.04.050 Public Hearings - Setting of Date
18.04.060 Public Hearings - Notice Requirements
18.04.070 Required Wording and Size of Notices
18.04.080 Combined Proceedings
18.04.090 Investigation of Facts
18.04.100 Conduct of Hearings - Rules Established
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EXHIBIT 1
ORDINANCE NO. 2024-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
18.04.110 Conduct of Hearings - Administering Authority
18.04.120 Filing of Recommendation - Action by Commission
18.04.130 Continuation of Hearing
18.04.140 Withdrawal of Application - Refund of Fees
18.04.142 Withdrawal of Deemed Inactive Application
18.04.150 Appeals
18.04.160 City Projects
18.04.170 Certificates of Occupancy
Section 18.04.010 through Section 18.04.130 (no changes) Section 18.04.140 Withdrawal of Application - Refund of Fees A. At any time prior to final action on any application filed pursuant to this title, the applicant by written request filed with the Planning Department or with the City Council, if action by the Planning Department has been completed thereon, may withdraw the application and terminate further consideration thereof.
B. Where such written request has been filed and the application withdrawn, any unused fees paid for the filing of such application shall be refunded based on calculating staff’s time spent reviewing such project application and, upon applicant’s request, materials returned.
Unused fees do not include those that remain due to the City for processing of the application.
Section 18.04.142 Withdrawal of Deemed Inactive Application A. Any application filed pursuant to this title shall be deemed inactive and may be withdrawn when the applicant has not adequately responded within twelve (12) months to submittal items required by staff for processing, as provided in an incomplete letter. The Director may grant thirty (30) day extensions to that period if the applicant requests an extension in writing prior to the expiration date. Upon expiration of the twelve (12) months and any applicable extensions, and prior to the application being deemed withdrawn, the Director shall send a letter notifying the applicant of the withdrawal determination. Such determinations are subject to appeal to the Zoning Administrator pursuant to the procedures of Development Code section
18.04.150.C.
B. After passage of the appeals period, any unused fees paid for the filing of such application shall be refunded and, upon applicant’s request, materials returned. Unused fees do not include those that remain due to the City for processing of the application. Deemed inactive applications that are withdrawn are actions without prejudice, thereby enabling a re-application for a project of the same, or similar nature by any applicant. The re-application shall be subject to all current City fees and codes in effect at the time of re-application.
Section 18.04.150 through Section 18.04.170 (no changes)”
4. Effective Date. This Ordinance shall be effective on the thirty-first day following the date of its adoption.
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ORDINANCE NO. 2024-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 3
5. Adoption. INTRODUCED AND ADOPTED at a meeting of the City Council held on March 26, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20240311144620
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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Chapter 18.04
General Requirements
Sections:
18.04.010 Application for Zone Changes - Commission Authority
18.04.020 Application Signatures - Evidence of Notice
18.04.030 Filing Fees
18.04.040 Waiver of Fees
18.04.050 Public Hearings - Setting of Date
18.04.060 Public Hearings - Notice Requirements
18.04.070 Required Wording and Size of Notices
18.04.080 Combined Proceedings
18.04.090 Investigation of Facts
18.04.100 Conduct of Hearings - Rules Established
18.04.110 Conduct of Hearings - Administering Authority
18.04.120 Filing of Recommendation - Action by Commission
18.04.130 Continuation of Hearing
18.04.140 Withdrawal of Application - Refund of Fees
18.04.142 Withdrawal of Deemed Inactive Application
18.04.150 Appeals
18.04.160 City Projects
18.04.170 Certificates of Occupancy
Section 18.04.010 through Section 18.04.130 (no changes) Section 18.04.140 Withdrawal of Application - Refund of Fees A.At any time prior to final action on any application filed pursuant to this title, the applicant by written request filed with the Planning Department or with the City Council, if action by the Planning Department has been completed thereon, may withdraw the application and terminate further consideration thereof.
B.Where such written request has been filed and the application withdrawn, upon approval of a proper claim for refund of any fee paid for the filing of such application, the City Council may order the refund of such fee less any costs the Council shall determine to have been incurred by the City incidental to action or proposed action on the application. Application for refund of fees shall be made in the manner and on the form prescribed for refund authorized by the Government Code. any unused fees paid for the filing of such application shall be refunded based on calculating staff’s time spent reviewing such project application and, upon applicant’s request, materials returned. Unused fees do not include those that remain due to the City for processing of the application.
Section 18.04.142 Withdrawal of Deemed Inactive Application A.Any application filed pursuant to this title shall be deemed inactive and may be withdrawn when the applicant has not adequately responded within twelve (12) months to submittal items required by staff for processing, as provided in an incomplete letter. The Director may grant thirty (30) day extensions to that period if the applicant requests an extension in writing prior to the expiration date. Upon expiration of the twelve (12) months and any applicable 03/26/2024 PH3 6 of 7
EXHIBIT 2
extensions, and prior to the application being deemed withdrawn, the Director shall send a letter notifying the applicant of the withdrawal determination. Such determinations are subject to appeal to the Zoning Administrator pursuant to the procedures of Development Code section
18.04.150.C.
B. After passage of the appeals period, any unused fees paid for the filing of such application shall be refunded and, upon applicant’s request, materials returned. Unused fees do not include those that remain due to the City for processing of the application. Deemed inactive applications that are withdrawn are actions without prejudice, thereby enabling a re-application for a project of the same, or similar nature by any applicant. The re-application shall be subject to all current City fees and codes in effect at the time of re-application.
Section 18.04.150 through Section 18.04.170 (no changes)
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