Chapter 18.112 — Application Processing Procedures — Santa Clara Zoning Code

Sections

18.112.010 – Purpose 18.112.020 – Authority for Land Use and Zoning Decisions 18.112.030 – Application Preparation and Filing 18.112.040 – Application and Other Related Fees 18.112.050 – Applicant Indemnification 18.112.060 – Initial Review of Application

18.112.010 – Purpose ¶

This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the permit applications and approvals required or offered by this Zoning Code.

18.112.020 – Authority for Land Use and Zoning Decisions ¶

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Table 6-1

Review Authority


Type of Action	Applicable Code Citation	Role of Review Authority(1)(2)
		Di	Planning Commission	Council
		rector
A. Administrative Permits and Actions
Architectural Review
Review of Single-Family Res.	18.120	Decision	Appeal	Appeal
Review of All Other Items	18.120	Decision		Appeal
Density Bonus for Affordable Housing	18.64	Decision	Appeal
Minor Modifications	18.124	Decision	Appeal
Minor Use Permits	18.114	Decision	Appeal
Off-Site Parking Permit	18.116	Decision	Appeal
Reasonable Accommodation	18.118	Decision	Appeal
Sign Permits/Comprehensive Sign Programs	18.42	Decision	Appeal
Temporary Use Permits	18.122	Decision	Appeal
Zoning Clearances	18.126	Issuance	Appeal
B. Quasi-Judicial Permits and Actions
Conditional Use Permits	18.114		Decision	Appeal
Major Modifications	18.114		Decision	Appeal
Minor Modifications	18.114	Decision	Appeal
Historic Preservation – SPAs for Small Projects	18.130	Decision	Appeal

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Table 6-1

Review Authority


Historic Preservation – SPAs for Major Alterations	18.130	Decision	Appeal
Variances	18.124		Decision	Appeal
C. Legislative Actions
General Plan Text/Map Amendments	18.142		Recommend	Decision
Specific Plans and Amendments	18.142		Recommend	Decision
Zoning Code Text/Zoning Map Amendments	18.142		Recommend	Decision
D. Subdivision Maps and Other Approvals
Tentative Maps, Final and Parcel Maps	See Title 17 (Development), Chapter 17.05 (Subdivisions)
Lot Line Adjustments, Mergers, and Approvals	See Title 17 (Development), Chapter 17.05 (Subdivisions)
Notes: 1. "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 18.144 (Appeals); “Issuance” means that the Review Authority may consider and grant the request in compliance with this Zoning Code; “Recommend” means that the Review Authority should provide preliminary review and forward input to the decision-making Review Authority for consideration. 2. Any Review Authority may defer action and refer the request to the next higher Review Authority level for consideration and final action. In cases where the Council is specified as the Review Authority, the Council shall be the final level of review.

18.112.030 – Application Preparation and Filing ¶

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a. Proposal is consistent with the General Plan.
b. Proposed use(s) are allowed within the zone in which they would be located.

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4. Signed by Eligible Applicants. If the application is filed and the required fees are accepted, the application shall be signed by the applicant to the effect that the applicant was informed of the matters specified in Subparagraph B. 2., above.

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18.112.040 – Application and Other Related Fees ¶

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18.112.050 – Applicant Indemnification ¶

A. Applicant agreement. At the time of submitting an application for a discretionary land use approval, the applicant shall be deemed to have agreed as part of the application, to defend (with legal counsel of City’s selection), indemnify, and hold harmless the City and its elected and appointed officials, agents, attorneys, employees and officers, from any action, claim or proceeding brought against the City or its elected and appointed officials, agents, employees and officers to attack, set aside, void, or annul a discretionary land use approval of the City, which action is brought within the applicable statute of limitations. The required indemnification shall include damages awarded against the City, if any, costs of suit, attorneys’ fees and other costs and expenses incurred in connection with the action.
B. City notification of applicant. In the event that an action, claim, or proceeding referred to in Subsection A., above is brought, the City shall promptly notify the applicant of the existence of the action, claim, or proceeding and the applicant shall cooperate fully in the defense of the action, claim, or proceeding.
C. City participation in defense. Nothing in this Section shall prohibit the City from participating in the defense of any action, claim, or proceeding if the City defends the action in good faith.

18.112.060 – Initial Review of Application ¶

A. Determination of Completeness. Within the timelines prescribed by law, the Director shall review each application for completeness and accuracy before it is accepted as being complete. The Director's determination of completeness shall be based on the City's list of required application contents and any additional written instructions provided to the applicant in any preliminary review and/or during the initial application review period.

1.

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2. Processing Schedule. Upon receipt of the fee and/or additional information, application processing shall begin and the applicant shall be sent a processing schedule with tentative dates for referrals, environmental review, and decision on the application.

3. Application Available for Public Review. After an application has been accepted as complete, in compliance with the Public Records Act, the City may, if requested, make the application available for public review.

4. 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) and the City's CEQA guidelines.

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5. Processing Timelines. 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. The time available to an applicant for submittal of additional information is limited by Subparagraph C., below.

B. Withdrawal or Return of Application. An application may be withdrawn and returned to the applicant if requested by the applicant.

C.

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D. Referral of Application. At the discretion of the Director and where required by City, State, or Federal law, any land use application may be referred to any responsible public agency that may be affected by or have an interest in the proposed project.

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b. Post-inspections. Following approval, the Director shall have access to the subject premises to confirm compliance with this Zoning Code and all conditions of permit approval.
F. Referral to Historical and Landmarks Commission. For development projects that require Architectural Review but that are not located on HRI (HRI) properties, if the project is located within 200 feet of an HRI property, then before submitting the application to the Director, the application shall first be referred to the Historical and Landmarks Commission (HLC). The HLC shall review the project for neighborhood compatibility and consistency with the City’s Design Guidelines, and make a recommendation to the Director.

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