Chapter 13-40 — Administration, Applications and Fees

The purposes of this Division and Chapter are to:

1. Describe the procedures and requirements for the filing of applications for permits, discretionary approvals and amendments.

2. Ensure that each new or expanded use of a site or development of a structure complies with the Zoning Ordinance.

3. Describe procedures and responsibilities for application review and action. [Ord. 515 § 2, 2018; ZO § 40.100.]

The Community Development Director shall be responsible for the review and processing of applications and appeals related to permits and other administrative actions identified within the Zoning Ordinance, unless another official of the City is specifically identified by the Zoning Ordinance. [Ord. 515 § 2, 2018; ZO § 40.200.]

An application shall be filed with the Community Development Director on a form provided for the type of permit or approval sought by the applicant, and shall include a signed statement that the applicant is the property owner or an agent authorized by the owner. The required number of copies of submittal materials shall be determined by the Community Development Director. The application shall be accompanied by all fees, plans, maps, studies and other materials required within the Zoning Ordinance along with any additional information required by the application form and the Community Development Director.

The Community Development Director shall review the application for completeness and shall accept the application as final or mail a written notification of application incompleteness to the applicant within 30 days of application submittal and acceptance. The notification shall identify all information needed to complete the application along with additional information that may be needed to perform an environmental review of the proposed project. Resubmittals of incomplete applications shall be reviewed by the Community Development Director and the applicant shall be mailed written notification of completeness within 30 days of resubmittal of application materials.

At the time of filing an application, the Community Development Director shall inform the applicant that he may make a written request to receive notice of any proposal within the City to adopt or amend any of the following:

1. General Plan.

2. Specific Plan.

3. Zoning Ordinance.

4. Rule or regulation affecting the issuance of development permits.

5. Ordinance affecting building permits or grading permits.

A fee may be charged to the applicant for this notification as part of the application fee. [Ord. 515 § 2, 2018; ZO § 40.300.]

An applicant may request a pre-application conference with the Community Development Director prior to formal submittal of an application. Projects that require multiple applications are strongly encouraged to request a pre-application conference. The pre-application conference is intended to provide the applicant with preliminary information regarding applicable policies, plans, regulations, and procedures related to the proposed project along with preliminary staff comments on the project including possible alternatives and modifications. [Ord. 515 § 2, 2018; ZO § 40.400.]

An applicant for a project which would require the filing of more than 1 application may file all applications concurrently. Processing and environmental review may proceed concurrently and the final actions on the project may proceed sequentially as required in this Division and State law. [Ord. 515 § 2, 2018; ZO § 40.500.]

A schedule of fees for permits, discretionary approvals, amendments and other matters pertaining to the Zoning Ordinance shall be established by resolution of the City Council. It is the intent of the fees to reimburse the City for its costs in reviewing and acting upon an application. Fees may be established with a base level that may be increased at an hourly rate to cover staff time spent on an application and/or increased to cover the cost of consultants required to evaluate or assist an application. Deposits may be required to cover estimated staff time and consultant costs. Until all fees and deposits required with the

application have been paid in full and the applicant has entered into a cost recovery agreement with the City, the application will not be accepted and review shall not commence. The City is not required to continue processing any application unless fees and any deposits are paid in full. Failure to pay the applicable fees and deposits is grounds for denial or revocation of an application. [Ord. 515 § 2, 2018; ZO § 40.600.]

All applications subject to discretionary review by the Community Development Director, Planning Commission or City Council shall be accompanied by a mailing list and address labels of all property owners within 300 feet of the exterior property lines of the project site, certified by the applicant. [Ord. 515 § 2, 2018; ZO § 40.700.]

All proposed projects and applications are subject to environmental review under the California Environmental Quality Act (CEQA) unless exempt under CEQA statutes and guidelines. Projects and applications that are subject to CEQA environmental review will be the subject of a negative declaration, mitigated negative declaration or environmental impact report as required by CEQA and as set forth in the CEQA Guidelines for the City of Hercules. An initial study prepared by the Community Development

Director shall determine the form of environmental review appropriate for a project or application. The environmental review determination of the Community Development Director may be appealed to the City Council. A written appeal must be submitted to the Community Development Director within 10 working days of the date of environmental review determination as per Section 13-44.700. [Ord. 515 § 2, 2018; ZO § 40.800.]

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The Hercules Municipal Code is current through Ordinance 555, passed March 25, 2025.

Disclaimer: The City Clerk's Office has the official version of the Hercules Municipal Code. Users should contact the City Clerk's Offi f di d b