Title
Staff Report for a Resolution Adding Title 5, Chapter 5 to the Administrative Code to Identify Sunset Provisions for Incomplete and Inactive Applications.
Staffreport
SUMMARY AND RECOMMENDATIONS
There are a number of state and federal laws that require planning applications to be reviewed and processed in a timely manner, but there are currently no provisions to address unresponsive applications. Staff proposes to establish application processing provisions in the City's Administrative Code, where incomplete applications that remain inactive and unresponsive after six months can be automatically withdrawn and closed following a written thirty day notice. Staff recommends that the City Council adopt the resolution adding Title 5, Chapter 5 to the San Leandro Administrative Code to establish sunset provisions for incomplete and inactive applications.
BACKGROUND
California's Permit Streamlining Act requires planning applications for development projects to be reviewed in a timely manner, including a 30 day written response (Government Code Section 65920 et seq.). Other state and federal laws further require the City to review and approve certain types of applications, such as wireless communications facilities and accessory dwelling units, within timeframes ranging from 90 to 150 days. If the City fails to approve or disapprove within the time limits specified under these laws, the applications are subject to being "deemed approved," conferring the same privileges and entitlements as a regularly issued permit.
Conversely, aside from issuing a formal denial, there are currently no provisions for staff to efficiently act upon incomplete and inactive applications that remain unresponsive for an extended period of time. Bringing these applications forward to public hearing for a denial is an inefficient use of the City's limited resources. Unresponsive applicants that have exceeded their initial deposit fees are unlikely to reimburse the City for the addit...
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