Article 3 — Adoption of Permit Streamlining Act Regulations

The California Legislature has found and declared that there is a statewide need to ensure clear understanding of the specific requirements which must be met in connection with the approval of development projects and to expedite decisions on such projects.

It is the purpose of this article to specify that discretionary actions pursuant to Visalia Municipal Code Title 17 ("Zoning") shall comply with Government Code §§ 65920, et seq. (Permit Streamlining Act) and timing requirements associated with Public Resources Code §§ 21000, et seq. (California Environmental Quality Act). (Ord. 2024-17 (part), 2025)

The definitions found in the Permit Streamlining Act and the California Environmental Quality Act shall apply to the terms contained in this article.

(Ord. 2024-17 (part), 2025)

A. Discretionary actions pursuant to the zoning code shall comply with Government Code §§ 65920, et seq. (Permit Streamlining Act) as administered by and as amended from time to time by the California Legislature.

• B. Legislative actions taken pursuant to the zoning code are not subject to the Permit Streamlining Act.

C. The Permit Streamlining Act applies to all discretionary development projects that are quasi-adjudicatory actions such as approvals of use permits, tentative subdivision maps, and variances. The Permit Streamlining Act does not apply to ministerial projects such as building permits, or to legislative or quasi-legislative projects such as rezoning requests, and general plan amendments. Ministerial projects proposed to be carried out or approved by the city are exempt from this article.

(Ord. 2024-17 (part), 2025)

A. After an application has been filed and appropriate fees have been paid, the application shall be examined by staff of the planning division and other appropriate city departments, to determine whether it contains all of the required information and is complete for the purposes of complying with § 65943 of the Government Code. No later than thirty (30) days following the submittal of the application, the applicant shall be notified in writing whether the application is deemed by staff to be complete or incomplete. If the application is determined to be incomplete, the applicant shall be notified in writing of the reasons therefor and informed of the information still needed to make the application complete. B. Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of six (6) months from the date of notification of incompleteness. All unused fees shall be refunded to the applicant. The city planner on written request by the applicant showing good cause may grant an extension of this six (6) month period.

C. All discretionary projects shall be reviewed for consistency with the citywide general plan text and land use maps. A project application not determined to be consistent with the general plan shall be considered incomplete. (Ord. 2024-17 (part), 2025)

A. After acceptance of a complete application, the planning division shall review the application in compliance with the California Environmental Quality Act (CEQA) and any adopted city CEQA guidelines.

B. The city shall determine the required level of environmental review (e.g., exemption, negative declaration) within the timeframe required by CEQA.

C. One (1) or more technical studies, paid for in advance by the applicant, may be required to supplement the city's CEQA compliance review.

D. The determination of the level of environmental review shall be made within thirty (30) days from the date on

which an application for a project has been received and accepted as complete by the city. This period may be extended fifteen (15) days upon the consent of the city and the project applicant.

E. If the city determines that the project is not exempt from CEQA, then the city shall approve or disapprove the project within the periods specified by Government Code §§ 65950, et seq.

F. If the city determines that the project is exempt from CEQA, then the city shall approve or disapprove the project within sixty (60) days from the determination by the lead agency that the project is exempt from CEQA, as specified by Government Code §§ 65950, et seq.

(Ord. 2024-17 (part), 2025)

If any portion of this article conflicts with the Permit Streamlining Act or other applicable state law, state law shall supersede this chapter. Any ambiguities in this article shall be interpreted as consistent with the Permit Streamlining Act. (Ord. 2024-17 (part), 2025)