This chapter is intended to provide procedures and requirements
for the preparation, filing, and processing of applications for land
use permits and other entitlements required by this Development Code.
(Prior code § 16-410.010)
Table 4-1 (Review Authority) identifies the Review Authority
(Director, Commission, or Council) responsible for reviewing and making
decisions on each type of application, land use permit, and other
entitlements required by this Development Code. Table 4-1 identifies
which Review Authority is responsible for:
A. Decision. Making a decision;
B. Recommendation. Making a recommendation on the application
request to another Review Authority; or
C. Appeal. Reviewing the decision of the Review Authority about
an application request.
The Review Authorities for subdivision decisions are listed
in Table 6-1.
|
TABLE 4-1
REVIEW AUTHORITY
|
---|
Type of Permit or Decision
|
Director
|
Planning Commission
|
City Council
|
Reference
|
---|
Administrative exception
|
Decision
|
Appeal
|
Appeal
|
|
Certificates of appropriateness
|
Decision*
|
Appeal
|
Appeal
|
|
Design review
|
Recommendation
|
Decision***
|
Decision***
|
|
Design review districts
|
——
|
Recommendation
|
Decision
|
|
Development agreements
|
——
|
Recommendation
|
Decision
|
|
Development Code amendments
|
——
|
Recommendation
|
Decision
|
|
General Plan amendments
|
——
|
Recommendation
|
Decision
|
|
Home occupation permits
|
Decision
|
Appeal
|
Appeal
|
|
Interpretations
|
Decision
|
Appeal
|
Appeal
|
|
Land development permits
|
Decision
|
Appeal
|
Appeal
|
|
Master development plans
|
——
|
Recommendation
|
Decision
|
|
Minor design review
|
Decision
|
Appeal***
|
Appeal
|
|
Planned development permits
|
——
|
Decision**
|
Appeal
|
|
Precise road plans
|
——
|
Recommendation **
|
Decision
|
|
Site plan review
|
Issuance
|
——
|
——
|
|
Specific plans
|
——
|
Recommendation **
|
Decision
|
|
Street name changes
|
——
|
Recommendation **
|
Decision
|
|
Temporary activity permits
|
Decision
|
Appeal
|
Appeal
|
|
Tentative maps and time extension
|
——
|
Decision
|
Appeal
|
|
Tentative parcel maps and time extension
|
Decision
|
Appeal
|
Appeal
|
|
Use permits— Administrative
|
Decision
|
Appeal
|
Appeal
|
|
Use permit— Commission
|
——
|
Decision
|
Appeal
|
|
Variances
|
——
|
Decision
|
Appeal
|
|
Waiver
|
Decision
|
Appeal
|
Appeal
|
|
Zoning Map amendments
|
——
|
Recommendation
|
Decision
|
|
Notes:
|
Decisions of the Director may be appealed to the Commission.
The Director may defer action and refer the matter to the Commission.
Decisions of the Commission may be appealed to the Council.
|
*
|
Recommendation from Cultural Heritage Board
|
**
|
Recommendation from Development Review Committee
|
***
|
Decision of Architectural Review Committee (ARC)
|
***
|
Decision varies based on application (i.e., Architectural Review
Committee, Commission, Council, Redevelopment Commission)
|
(Prior code § 16-410.020; Ord. 023-07 C.S. § 100; Ord. 2022-07-12-1601-02 C.S. § 28)
A pre-application conference shall be required for any application
for new development or redevelopment which is required to go before
the Planning Commission and any subdivision map for five or more lots,
to ensure that the applicant is aware of issues and requirements related
to the project. Additional applications may require a pre-application
conference at the discretion of the Director. Other departments and
public agencies may be invited to attend a pre-application conference.
The fee for the pre-application conference shall be in compliance
with the City Council's most recently published fee schedule.
(Prior code § 16-410.030; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1,
eff. 10-27-11)
The following provisions are intended to prescribe the filing
of applications for permits, amendments, and approvals when required
by this Development Code.
A. Eligibility for Filing. Application may be made, depending
on the application, by:
1. The
owner(s) of the subject property for which the permit is sought or
authorized agent;
2. An
owner in escrow with written authorization of the property owner;
3. A
lessee or any other person, with written authorization of the property
owner;
4. Petition
of interested parties for amendments (e.g., General Plan text and
Development Code);
6. Council
with referral to the Commission.
B. Application Requirements. An application for a land use permit,
entitlement, amendment (e.g., General Plan, Development Code, and
Zoning Map) and other matters pertaining to this Development Code
shall be filed with the Department. An application shall not be considered
filed until:
1. All
necessary application forms, materials, and exhibits, as required
by the Department, have been provided and accepted as adequate. At
a minimum, each application shall include:
a. The name, address, phone number, and signature of the owner or owner's
agent and the applicant, if different from the owner;
b. Campaign contribution statement signed by the applicant and owner;
and
c. Environmental information form signed by the applicant, owner, or
their agent.
2. All
necessary fees required by the Council's fee resolution have been
paid.
(Prior code § 16-410.040)
A. Application. Except for City-initiated applications, all applications
filed with the Department, in compliance with this Development Code,
shall be initially processed as follows:
1. Review for Completeness. The Director shall review the application
material to determine if the application is complete. The application
may not be processed until the application is deemed to be complete
by the Director.
a. Considerations. The following shall be considered before
deeming an application complete:
i. Review. The Director shall review all applications for
completeness and accuracy before they are accepted as being complete;
ii. Fees. An application shall not be deemed complete until all required fees have been paid in compliance with Section
16.84.080 (Fees); and
iii.
Existing Outstanding Balance. If the subject property
has any outstanding financial balance owed to the City, an application
may not be deemed complete until the balance has been paid to the
City.
b. Notification to Applicant. Within 30 days of the application
being filed, the applicant shall be informed in writing, in compliance
with State law (
Government Code Section 65943), that the application
is either:
i. Complete. Complete and has been accepted for processing;
or
ii. Incomplete. Incomplete and that additional information,
identified in writing, shall be provided. The applicant may:
(A)
Complete the application by providing the additional information,
and resubmitting the application; or
(B)
Withdraw the application.
c. Expiration of Application.
i. Deemed Withdrawn. If a pending application is not deemed
complete within 90 days after the first filing with the Department
because the applicant has failed to provide the necessary documentation,
exhibits, forms, information, maps, or other material, the application
shall be deemed withdrawn.
ii. New Filing. If the application is withdrawn or deemed
withdrawn, a new application in compliance with this Development Code,
including exhibits, fees, plans, and other materials which would be
required to begin processing of any project on the same property,
would need to be filed.
d. Extension of Application. If a request to extend the
application, with the reason for the extension, is submitted in writing
before the end of the 90-day period, the Director may grant one 90-day
extension.
2. Received for Filing. Applications shall only be officially
"received for filing" when progress toward completing the environmental
documentation required by CEQA is sufficient to enable the lead agency
to finish the CEQA process within the short permit time limit in compliance
with Section 15111(a) of the CEQA Guidelines for Implementation of
the California Environmental Quality Act.
3. Concurrent Processing. If a proposed project requires more
than one application under the provisions of this Development Code,
the applications may all be filed at the same time and processed concurrently.
If more than one Review Authority is involved, the Director shall
determine the sequence for action by the applicable review authorities.
4. Referral of Application. At the discretion of the Director,
or where otherwise required by this Development Code or State or Federal
law, an application may be referred to any public agency, group, and/or
individual that may be affected by, or have an interest in, the proposed
land use activity.
5. Resubmittal. Requests to submit an application following a denial shall be in compliance with Section
16.92.140 (Resubmittals).
B. Environmental Assessment and Determination.
1. Preliminary Environmental Review. The Director shall review
all environmental information contained in an application in compliance
with the California Environmental Quality Act (CEQA) (Public Resources
Code, Section 21000 et seq.), the Guidelines for Implementation of
CEQA (CEQA Guidelines) (
California Code of Regulations, Section 15000
et seq.), and the City Guidelines for the implementation of CEQA (City
CEQA Guidelines), as amended, to determine, with appropriate findings,
whether the proposed project/activity:
a. Exempt. Is exempt from CEQA, in compliance with Section
15061 of the State CEQA Guidelines. If exempt, a notice of exemption
shall be prepared in compliance with Section 15062, and a Notice filed
with the San Joaquin County Clerk and, if applicable, with the State
Office of Planning and Research. Possible CEQA exemptions include
the following:
i. The activity is not a "project" as defined in Section 15378 of the
CEQA Guidelines;
ii. The activity is exempt under the "general rule" that CEQA applies
only to projects which have the potential for causing a significant
effect on the environment, as specified in Section 15061 (b)(3) of
the CEQA Guidelines; or
iii.
The project/activity qualifies for a "statutory" exemption (Section
15260 et seq. of the CEQA Guidelines) or a "categorical" exemption
(Section 15300 et seq. of the CEQA Guidelines).
b. Previous Environmental Documentation Applicable. Is
adequately addressed based on review of a previously adopted negative
declaration/initial study (ND/IS), a certified EIR for an earlier
project or activity, or other agency environmental document, and on
the description of the proposed project and its environmental setting.
Previous environmental documents that the Director determines do not
adequately address the environmental consequences of a project shall
require a formal update and review process, which may require a new
environmental document.
c. Formal Environmental Review. Requires formal environmental
review in the form of a negative declaration, environmental impact
report, supplemental environmental impact report, subsequent environmental
impact report, or an addendum to an environmental impact report.
2. Habitat/Open Space Fee Program Compliance.
a. Upon making a final determination that the project/activity is subject
to CEQA and before deciding on the type and extent of environmental
documentation which is needed for the proposed project, the Director
shall determine whether the subject site is located in an area which
is subject to the payment of fees to mitigate impacts on wildlife
habitat and open space in compliance with the provisions of the San
Joaquin County Multi-Species Habitat Conservation and Open Space Plan
(SJMSCP).
b. If the project is subject to these fees, the applicant:
i. Shall indicate on the completed environmental information form that
the applicant and/or all successors-in-interest agree to participate
in the SJMSCP by paying the appropriate fees before the issuance of
any construction permit, grading permit, or before the approval of
site improvement plans, as applicable; or
ii. May choose to submit a signed "mitigation agreement" with the completed
environmental information form. The mitigation agreements shall commit
the applicant to:
(A)
Retain a qualified wildlife biologist to conduct an assessment
of the project's effects on biological and open space resources;
(B)
Submit the biological assessment and a related mitigation/management
plan for inclusion in the draft EIR or initial study/proposed mitigated
negative declaration for the project; and
(C)
Implement the required mitigation/management plan before the
issuance of any building permit or the approval of site improvement
plans for the project, as applicable.
3. Supplemental Information. In addition to the information required
to deem an application complete, the Director may require the applicant
to submit additional information needed for the environmental review
of the project.
4. Timing. The determination as to the type of environmental
documentation required shall be made within 30 days of deeming the
application complete.
5. Appeal. The Director's determination as to the type of environmental
document required may be appealed to the Commission.
(Prior code § 16-410.050; Ord. 001-08 C.S. § 24)
The applicant may withdraw an application at any time before a decision is rendered by a Review Authority, by submitting a written request for withdrawal, signed by all persons signing the application, to the Director. Fees may be refunded, if applicable, in compliance with Section
16.84.080 (Fees).
(Prior code § 16-410.060)
If a pending application has been deemed complete and the application,
or its environmental document, is inactive for 180 days either because
of a lack of communication from the applicant or the applicant has
failed to provide the necessary information or materials, the application
shall be determined to have been withdrawn.
A. Extension of Application. If a request to extend the application,
with the reason for the extension, is submitted in writing, with the
applicable fee, before the end of the 180-day period, the Director
may grant up to two one year time extensions.
B. New Filing. If the application has been determined to have
been withdrawn, a new application in compliance with this Development
Code, including exhibits, fees, plans, environmental documentation,
and other materials which would be required to begin processing of
any project on the same property, would need to be filed.
(Prior code § 16-410.070; Ord. 011-11 C.S. § 1, eff. 10-27-11)
A. Types of Fees.
1. Application Fees.
a. Council's Fee Resolution. The Council shall, by resolution,
establish a schedule of fees for amendments, entitlements, permits,
and other matters pertaining to this Development Code, hereafter referred
to as the Council's fee resolution. The schedule of fees may be changed
or modified only by resolution of the Council.
b. Cumulative. The City's processing fees are cumulative,
with a separate fee required for each individual application.
c. Required Before Processing. Processing may not commence
on an application until all required fees have been paid. Without
the application fee, the application shall not be deemed complete.
2. Impact Fees. The City may require:
a. Specific fees to compensate for the impact caused by new development where the impacts are specifically identified by the City, including public facilities fees (Section
16.72.260).
b. Irrevocable developer commitments to pay for the cost of public improvements,
which are required to serve any new or substantially revitalized project(s).
3. Other Fees. Additional fees may be required before construction or initiation of a use, including building permit fees (Section
15.04.280) and business license fees (Section
5.04.010).
B. Refunds. In the case of a withdrawal, the Director may authorize
a refund based upon the following:
1. 100
percent refund, less the refund processing fee required by the Council's
fee resolution, if the application is:
a. Accepted in error (an application that cannot be processed); or
b. Determined to not be complete.
2. 50
percent refund, if interdepartmental referrals have not been sent
out.
3. 25
percent refund, if interdepartmental referrals have been sent out,
but public notice (published or mailed) has not been distributed.
4. No refund if the application has been publicly noticed, in compliance with Chapter
16.88 (Review Procedures).
5. Pre-application
fees will not be refunded if interdepartmental referrals have been
sent out or the pre-application conference has taken place.
(Prior code § 16-410.080; Ord. 023-07 C.S. § 101; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1,
eff. 10-27-11)