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
Chapter 16.112
Certificates of appropriateness
Decision*
Appeal
Appeal
Section 16.220.060
Design review
Recommendation
Decision***
Decision***
Chapter 16.120
Design review districts
——
Recommendation
Decision
Chapter 16.124
Development agreements
——
Recommendation
Decision
Chapter 16.128
Development Code amendments
——
Recommendation
Decision
Chapter 16.116
General Plan amendments
——
Recommendation
Decision
Chapter 16.116
Home occupation permits
Decision
Appeal
Appeal
Chapter 16.132
Interpretations
Decision
Appeal
Appeal
Chapter 16.08
Land development permits
Decision
Appeal
Appeal
Chapter 16.136
Master development plans
——
Recommendation
Decision
Chapter 16.140
Minor design review
Decision
Appeal***
Appeal
Chapter 16.120
Planned development permits
——
Decision**
Appeal
Chapter 16.144
Precise road plans
——
Recommendation **
Decision
Chapter 16.148
Site plan review
Issuance
——
——
Chapter 16.152
Specific plans
——
Recommendation **
Decision
Chapter 16.156
Street name changes
——
Recommendation **
Decision
Chapter 16.160
Temporary activity permits
Decision
Appeal
Appeal
Chapter 16.164
Tentative maps and time extension
——
Decision
Appeal
Chapter 16.188
Tentative parcel maps and time extension
Decision
Appeal
Appeal
Chapter 16.188
Use permits— Administrative
Decision
Appeal
Appeal
Chapter 16.168
Use permit— Commission
——
Decision
Appeal
Chapter 16.168
Variances
——
Decision
Appeal
Chapter 16.172
Waiver
Decision
Appeal
Appeal
Chapter 16.176
Zoning Map amendments
——
Recommendation
Decision
Chapter 16.116
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);
5. 
Commission; or
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)