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City of San Leandro <br />Meeting Date: July 17, 2017 <br />Staff Report <br />Agenda Section:File Number:17-384 CONSENT CALENDAR <br />Agenda Number:8.G. <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:Cynthia Battenberg <br />Community Development Director <br />FINANCE REVIEW:Not Applicable <br />TITLE:Staff Report for a Resolution Adding Title 5, Chapter 5 to the Administrative <br />Code to Identify Sunset Provisions for Incomplete and Inactive Applications. <br />SUMMARY AND RECOMMENDATIONS <br />There are a number of state and federal laws that require planning applications to be <br />reviewed and processed in a timely manner, but there are currently no provisions to address <br />unresponsive applications. Staff proposes to establish application processing provisions in <br />the City’s Administrative Code, where incomplete applications that remain inactive and <br />unresponsive after six months can be automatically withdrawn and closed following a written <br />thirty day notice. Staff recommends that the City Council adopt the resolution adding Title 5, <br />Chapter 5 to the San Leandro Administrative Code to establish sunset provisions for <br />incomplete and inactive applications. <br />BACKGROUND <br />California’s Permit Streamlining Act requires planning applications for development projects to <br />be reviewed in a timely manner, including a 30 day written response (Government Code <br />Section 65920 et seq.). Other state and federal laws further require the City to review and <br />approve certain types of applications, such as wireless communications facilities and <br />accessory dwelling units, within timeframes ranging from 90 to 150 days. If the City fails to <br />approve or disapprove within the time limits specified under these laws, the applications are <br />subject to being “deemed approved,” conferring the same privileges and entitlements as a <br />regularly issued permit. <br />Conversely, aside from issuing a formal denial, there are currently no provisions for staff to <br />efficiently act upon incomplete and inactive applications that remain unresponsive for an <br />extended period of time. Bringing these applications forward to public hearing for a denial is <br />an inefficient use of the City’s limited resources. Unresponsive applicants that have exceeded <br />their initial deposit fees are unlikely to reimburse the City for the additional processing costs <br />for this additional step when they have effectively abandoned their application. <br />Page 1 City of San Leandro Printed on 7/11/2017 <br />353