Chapter 4-50 — PERMIT APPLICATION FILING AND PROCESSING
Gustine Zoning Code · 2026-06 edition · ingested 2026-07-06 · Gustine
Sections:
Sec. 4-50-010. Purpose. Sec. 4-50-020. Authority for Land Use and Zoning Decisions. Sec. 4-50-030. Application Preparation and Filing. Sec. 4-50-040. Application Fees. Sec. 4-50-050. Initial Application Review. Sec. 4-50-060. Environmental Review. Sec. 4-50-070. Staff Evaluation and Report.
Sec. 4-50-010. Purpose. ¶
This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the planning permit applications required by this Zoning and Subdivision Code.
Sec. 4-50-020. Authority for Land Use and Zoning Decisions. ¶
Table 5-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning and Subdivision Code.
Sec. 4-50-030. Application Preparation and Filing. ¶
A. Pre-application conference. A prospective applicant is strongly encouraged to request a pre-application conference with the Director before completing and filing a planning permit application. The purpose of this conference is to generally:
1. Inform the applicant in general of City requirements as they apply to the proposed project;
2. Review the City's approval process, possible project alternatives or modifications; and
3. Identify the information and materials the City will require with the application, and any necessary technical studies and information relating to the environmental review of the project.
Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as either a recommendation for approval or disapproval of the application or project by any City staff. Any failure by City staff to identify all required studies or all applicable requirements does not constitute a waiver of those requirements.
B. Application contents. Each application for an amendment, entitlement, or permit, or other matter pertaining to this Zoning and Subdivision Code shall be filed with the Department on a City application form, together with required fees and/or deposits, and all other information and materials identified in the Department handout for the specified application. Applicants are encouraged to contact the Department before submitting an application to verify which materials are necessary for application filing.
C. Eligibility for filing. An application may only be filed by the owner of the subject property, lessee, purchaser in escrow, optionee with the written consent of the property owner, or by a public utility company or other agency with the powers of eminent domain.
Gustine Zoning and Subdivision Code
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ARTICLE 5 PLANNING PERMIT PROCEDURES CHAPTER 4-50. PERMIT APPLICATION FILING AND PROCESSING Sec. 4-50-030. Application Preparation and Filing.
TABLE 5-1 - REVIEW AUTHORITY
| Type of Decision | Procedure is in Section: |
Director | _Role of Review Authority _ Planning Commission |
(1) | City Council |
||||||||
| Administrative and Legislative | |||||||||||||
| Development Agreement | 4-56 | Recommend | Recommend | Decision | |||||||||
| General Plan Amendment | 4-76 | Recommend | Recommend | Decision | |||||||||
| Interpretation | 4-10.050 | Decision(2) | Appeal | Appeal | |||||||||
| Zoning Map Amendment | 4-76 | Recommend | Recommend | Decision | |||||||||
| Zoning& | Subdivision Code Amendment | 4-76 | Recommend | Recommend | Decision | ||||||||
| Planning permit or other development approval | |||||||||||||
| Architectural Review - Permitted | 4-52-020 | Decision(2) | Appeal | Appeal | |||||||||
| Architectural Review - UP use | 4-52-020 | Recommend | Decision | Appeal | |||||||||
| Home Occupation Permit | 4-44-050 | Decision(2) | Appeal | Appeal | |||||||||
| Limited Term Permit | 4-52-030 | Decision | Appeal | Appeal | |||||||||
| Master Sign Plan | 4-38 | Decision(2) | Appeal | Appeal | |||||||||
| Planned Development Permit | 4-52-040 | Recommend | Recommend | Decision | |||||||||
| Sign Permit | 4-38-030 | Decision(2) | Appeal | Appeal | |||||||||
| Use Permit (UP) | 4-52-050 | Recommend(3) | Decision | Appeal | |||||||||
| Variance | 4-52-060 | Recommend | Decision | Appeal | |||||||||
| ZoningClearance | 4-52-070 | Decision(2) | Appeal | Appeal | |||||||||
| Notes: |
(1) "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 4-74 (Appeals).
(2) The Director may defer action and refer the request to the Commission, so that the Commission may instead make the decision.
(3) Director may approve UP for minor uses or defer to Commission.
D. Director's determination. If the Director determines that the application does not support a prima facie right to the granting of the application (e.g., a request for a Zoning Map amendment or Tentative Map that could not be granted in absence of a required General Plan amendment application, or a request for an Use Permit allowing a use that is not allowable in the subject zoning district, etc.), the City shall not accept the application.
E. Filing date. The filing date of an application shall be the date on which the Department receives the last submittal, map, plan, or other material required as a part of that application in compliance with Section 4-50-050 (Initial Application Review), below.
Sec. 4-50-040. Application Fees. ¶
A. Fee schedule. The Council shall establish a schedule of fees for the processing of the applications required by this Zoning and Subdivision Code, hereafter referred to as the City's Fee Schedule.
B. Multiple applications. The City's processing fees are cumulative. For example, if a proposed project requires the approval of both a Use Permit and a Variance, both fees will be charged. Unusually large or complex projects may be subject to a deposit in addition to the basic application fees, at the discretion of the Director.
Gustine Zoning and Subdivision Code
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ARTICLE 5 PLANNING PERMIT PROCEDURES CHAPTER 4-50. PERMIT APPLICATION FILING AND PROCESSING Sec. 4-50-050. Initial Application Review.
C. Timing of payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees/deposits have been paid.
D. Refunds and withdrawals. The required application fees cover City costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Therefore, no refund due to a disapproval shall be allowed. In the case of a withdrawal, the Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal.
Sec. 4-50-050. Initial Application Review. ¶
A. Review for completeness. The Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director's determination of completeness shall be based on the City's list of required application contents (see Section 4-50-030.B - Application contents), and any additional instructions provided the applicant in any pre-application conference.
1. Notification of applicant. As required by State law (Government Code Section 65943), within 30 calendar days of application filing, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the Director's letter, shall be provided.
2. Appeal of determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the determination in compliance with Chapter 4-74 (Appeals).
3. Time for submittal of additional information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by following Subsection (A.4.)
4. Expiration of application. If an applicant fails to provide the additional information specified in the Director's letter within 180 days after the first filing with the Department, the application shall expire and be deemed withdrawn. The Director may grant one extension. After the expiration of an application, project approval shall require the submittal of a new, complete application.
5. Environmental information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 4-50-060 (Environmental Review).
6. If violation exists. An application shall not be deemed complete, and/or shall not be processed or approved, in the event that a condition(s) exists on the subject property in violation of this Zoning and Subdivision Code or any permit or approval granted in compliance with this Code, other than an application for the permit or approval, if any, needed to correct the violation(s).
B. Referral. At the discretion of the Director, or where otherwise required by this Zoning and Subdivision Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.
Gustine Zoning and Subdivision Code
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ARTICLE 5 PLANNING PERMIT PROCEDURES CHAPTER 4-50. PERMIT APPLICATION FILING AND PROCESSING Sec. 4-50-060. Environmental Review.
Sec. 4-50-060. Environmental Review. ¶
After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA), and the City's CEQA guidelines, to determine whether the project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a Negative Declaration (ND) may be issued, or whether an Environmental Impact Report (EIR) shall be required.
Sec. 4-50-070. Staff Evaluation and Report. ¶
A. Staff evaluation. The Director shall review all discretionary applications filed in compliance with this Article to determine whether they comply and are consistent with the provisions of this Zoning and Subdivision Code, other applicable provisions of the Municipal Code, the General Plan, and any applicable specific plan.
B. Staff report. The Director shall provide a written recommendation to the Commission and/or Council (as applicable) on whether the application should be approved, approved subject to conditions, or disapproved.
C. Report distribution. Each staff report shall be furnished to the applicant at the same time as it is provided to the review authority before a hearing on the application.