Chapter 20.50 — PERMIT APPLICATION FILING AND PROCESSING

This chapter provides procedures and requirements for the preparation, filing, and processing of permit applications required by this Zoning Code. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Table 5-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Code. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. Concurrent Filing. Any applicant for a project requiring more than one permit application (e.g., conditional use permit, site development review, tentative map, etc.) shall file all related applications concurrently, with all appropriate application fees required by Section

B. Concurrent Processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed and approved, modified, or denied by the highest review authority designated by this Zoning Code for any of the applications.

TABLE 5-1
REVIEW AUTHORITY

Applicable Role of Review Authority (1)
Code
Chapter/ Zoning Hearing
Type of Action Section Director Administrator Officer Commission Council (2)

Administrative and Legislative

Interpretations Section Determination Appeal Appeal

Planned Chapter Recommend Decision Communities 20.56

Specific Plans Chapter Recommend Decision

Development 20.52.060 Permits

Reasonable Section Decision Appeal Appeal
Accommodations 20.52.070

Sign Permits Chapter Determination Appeal Appeal

Notes:

(1) “Recommend” means that the Commission makes a recommendation to the Council; “Determination” and
“Decision” mean that the review authority makes the final determination or decision on the matter; “Appeal”
means that the review authority may consider and decide upon appeals to the decision of a previous decision-
making body, in compliance with Chapter 20.64 (Appeals).

(2) The Council is the final review authority for all applications in the City.

(3) The Director or Zoning Administrator may defer action and refer the request to the Commission for
consideration and final action.

(4) The Zoning Administrator shall be the initial review authority for density bonus units and parking reductions.
The Planning Commission shall be the initial review authority for concessions, incentives and waivers. The
City Council shall be the review authority for any financial incentive or fee waiver.

(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2015-8 § 1, 2015; Ord. 2022-17 § 1 (Exh. A),
2022; Ord. 2022-18 § 1 (Exh. A), 2022; Ord. 2023-22 § 926, 2023)

A. Preapplication Conference.

1. Any applicant is strongly encouraged to request a preapplication conference with the
Department before completing and filing a permit application.

2. The purpose of this preapplication conference is to:

a. Inform the applicant of City requirements as they apply to the proposed project;

b. Review the City’s review process, possible project alternatives or revisions; and

c. Identify 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.

3. Neither the preapplication review nor the provision of information and/or pertinent
policies shall be construed as either a recommendation for approval or denial of the
permit application by any City staff. Failure by City staff to identify any required
studies or any applicable requirements shall not constitute a waiver of those studies
or requirements.

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City of Newport Beach, CA § 20.50.040 NEWPORT BEACH CODE § 20.50.060

B. Application Contents. Each permit application required by this Zoning Code shall be filed
with the Department on the appropriate City application form, together with all required
fees and/or deposits and all other information and materials specified by the Director for
the specific type of application.

C. Eligibility for Filing. An application may only be filed by the owner of the subject property
or authorized agent of the owner with the written consent of the property owner. The
application shall be signed by the owner of record or by an authorized agent, if written
authorization from the owner of record is filed concurrently with the application.

D. Rejection of Application. If the Director determines that an application cannot lawfully be
approved by the City, the Director shall not accept the application for processing.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. Fee Schedule. The Council shall establish a schedule of fees for the processing of the applications required by this Zoning Code, hereafter referred to as the City’s fee schedule adopted by resolution.

B. Timing of Payment. Applications shall not be deemed complete, and processing shall not
commence on any application, until all required fees or deposits have been paid. Failure to
timely pay supplemental requests for payment of required fees and/ or deposits shall be a
basis for suspension of processing or issuance of any permit.

C. Refunds and Withdrawals. Application fees cover City costs for public hearings, mailings,
staff time and the other activities involved in processing applications. No refund for an
application that is denied shall be allowed. In the case of a withdrawal by the applicant, the
Director shall have the discretion to authorize a partial refund based upon the prorated costs
to date and the status of the application at the time of withdrawal.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. Review for Completeness. The Director shall review each application for completeness and accuracy before it is accepted as being complete. The determination of completeness shall be based on the City’s applicable list of required application contents and any additional written instructions provided to the applicant in any preapplication conference, and/ or during the initial application review period.

1. Notification of Applicant or Authorized Agent. Within thirty (30) calendar days of
application filing, the applicant or authorized agent 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 specified information shall be provided
before the application is deemed complete.

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 any
additional information requested by the Director is not required, the applicant may
appeal the determination to the appropriate review authority in compliance with
Chapter 20.64 (Appeals).

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City of Newport Beach, CA § 20.50.060 PLANNING AND ZONING § 20.50.070

3. Additional Information.

a. When the Director determines that 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.

b. The time available to an applicant for submittal of additional information is
limited by subsection (A)(4) of this section.

c. The additional specified information shall be submitted in writing.

d. The Director’s review of any information resubmitted by the applicant shall be
accomplished in compliance with this subsection (A) along with another thirty
(30) day period of review for completeness.

4. Expiration of Application.

a. If an applicant fails to provide any additional information requested by the
Director within sixty (60) days following the date the application was deemed
incomplete, the application shall be deemed withdrawn without any further
action by the City.

b. After the expiration of an application, future City consideration shall require the
submittal of a new, complete application and associated filing fees.

5. Submittal of Additional Information.

   a. During the course of the review process, the review authority may require the
   applicant to submit additional information or revised plans.

   b. The Director shall notify the applicant in writing of any revisions or additional
   information required and the applicant shall submit the requested information to
   the Department within thirty (30) days after the date of the notice or within the
   period of time designated by the review authority.

   c. Failure to submit the required information within the thirty (30) day period or
   within the period of time designated by the review authority may be cause for
   denial.

   6. Additional 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 the California
   Environmental Quality Act (CEQA), the City’s CEQA guidelines, and Section

B. Referral of Application. At the discretion of the Director, or where otherwise required by this Zoning 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 for their review and comment. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

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City of Newport Beach, CA § 20.50.070 NEWPORT BEACH CODE § 20.50.080

A. Director Evaluation. The Director shall review all applications to determine whether they
comply and are consistent with the provisions of this Zoning Code, the General Plan, and
other applicable provisions identified in Section 20.10.040 (Applicability of Zoning Code).

B. Staff Report. The Department shall provide a written recommendation for discretionary
applications to the applicable review authority recommending that the application be
approved, conditionally approved, or denied.

C. Staff Report to Include Findings. Whenever this Zoning Code requires a set of findings to
be made before granting approval of an application by the applicable review authority, it
shall be the responsibility of the Department to present all relevant facts to support the
findings.

D. Report Distribution. Each staff report shall be furnished to the applicant at the same time
as it is provided to the review authority before the review authority’s action on the
application.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. CEQA Review. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine whether:

1. The project is not a project as defined by CEQA;

2. The project is exempt from the requirements of CEQA;

3. A negative declaration may be issued;

4. A mitigated negative declaration may be issued; or

5. An Environmental Impact Report (EIR) shall be required.

B. Compliance with CEQA. These determinations and, where required, the preparation of
appropriate environmental documents shall be in compliance with CEQA and applicable
Council policies.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)

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City of Newport Beach, CA § 20.52.010 PLANNING AND ZONING § 20.52.015