Chapter 17.50

CITY REQUIRED PLANNING PERMITS AND APPROVALS

Sections:

• 17.50.010 Purpose.

• 17.50.020 Discretionary permits and actions.

• 17.50.030 Planning permit review authority.

• 17.50.040 Indemnification.

• 17.50.050 Initial application completeness review.

• 17.50.060 Environmental review.

This section identifies and describes the discretionary permits and approvals required by this zoning code. (Ord. 706 § 3 (Exh. A), 2019).

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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A. Administrative Permits and Actions. Except when combined with legislative actions or other nonadministrative actions defined in this section, the planning director or his designee is the designated review authority for the permits and actions listed below.

B. The planning director may grant an exception to any of the standards pertaining to an application under his review where a documented hardship not involving economics exists, or where there are unusual circumstances pertaining to the property, and where the proposed exception would not be detrimental to public health and safety in the neighborhood where the property is located. In addition, the director, at the director’s sole discretion, may elevate the level of review to a higher review authority.

1. Administrative Zone Regulation Modifications. An administrative action granting exception to certain specified zone development standards in cases where strict compliance would result in a hardship as specified in Section 17.52.100.

2. Density Bonus. An administrative action intended to implement the housing element of the general plan and the requirements of Government Code Sections 65915 through 65918, offering incentives for the development of affordable housing for low and moderate income and senior citizen households, as specified in Chapter 17.32.

3. Determination of Similar Use. An administrative action determining that a proposed use that is not listed in this title is “similar” in character to one or more of the principal uses permitted in a zoning classification, as specified in Section 17.52.030.

4. Home Occupation Permit. An administrative permit authorizing the operation of a specified home-based occupation in a particular location, as specified in Section 17.40.130.

5. Reasonable Accommodation. An administrative action authorizing limited modifications to property regulations to accommodate a person with specified disabilities and physical limitations, as specified in Section 17.52.050.

6. Sign Permit. An administrative permit authorizing a variety of permanent and temporary advertising signs with specific provisions and conditions, as specified in Chapter 17.38.

7. Site Plan and Design Review. An administrative review and permit process providing for review of projects for compliance with site development regulations and/or architectural design guidelines adopted by the city, as specified in Section 17.52.060.

C. Temporary Use Permit. An administrative permit authorizing specific limited term uses in compliance with specified conditions, as detailed in Section 17.40.280.

D. Quasi-Judicial Permits and Actions. Except when combined with legislative actions, the planning commission is the designated review authority for the following quasi-judicial permits and actions. A public hearing is required for these actions.

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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1. Conditional Use Permits. A permit authorizing the operation of a specific use of land or structure in a particular location in compliance with specific conditions, as specified in Section 17.52.020.

2. Precise Development Plan. A plan approval authorizing the development of land that may not conform with all zone-driven standards in order to provide superior project design, while complying with the goals and policies of the general plan for a particular area, as specified in Section 17.24.050(D).

3. Tentative Tract and Parcel Maps. A plan approval authorizing the division of land for a particular area in compliance with specific conditions, as specified in the city’s Subdivision Ordinance (Title 16, Subdivisions).

4. Variances. An action granting exception to the development standards of this code in cases where strict compliance would result in a unique hardship for the specific property development.

• E. Legislative Actions. The designated review authority for all legislative actions is the city council. A public hearing is required for the following legislative actions:

  1. Development Agreements. An agreement between the city and a party with legal or equitable interest in the real property subject to the agreement, relating to the development of the property.

  2. General Plan Amendments. An action authorizing a text amendment to the general plan or a map amendment to the general plan element maps.

  3. Specific Plans. A policy and regulatory document for a particular area which provides for a tailored implementation of the general plan, as specified in Section 17.52.070.

  4. Zone Change. An action authorizing a zoning map amendment changing the zoning designation of a particular property, as specified in Chapter 17.76.

  5. Zoning Code Text Amendment. An action authorizing a text amendment to any portion of the zoning code including text, tables, and diagrams, as specified in Chapter 17.76. (Ord. 706 § 3 (Exh. A), 2019).

Table 5-1 identifies the review authority responsible for reviewing and making decisions on the various permits and approval actions required by this zoning code. (Ord. 706 § 3 (Exh. A), 2019).

A. Indemnification Requirements for Land Use Approvals. At the time of submitting an application for a land use approval and as a condition of approval, an applicant requesting a land use approval as herein defined shall agree as a part of the application to defend, indemnify, and hold harmless the city and its agents, officers, council members, commissioners, attorneys, and employees from any claim, action or proceeding brought against the city or its agents, officers, council members, commissioners, or employees to attack, set aside, void or annul a land use

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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approval of the city. The foregoing shall include, without limitation, payment of all damages awarded against the city, if any, costs of suit, attorney’s fees, and other costs and expenses incurred in connection with such action or proceeding.

B. Notification of Claim. In the event that a claim, action or proceeding referenced in subsection (A) of this section is brought, the city shall promptly notify the applicant of the existence of the claim, action or proceeding and will cooperate fully in the defense of such claim, action or proceeding. Nothing set forth in this section shall prohibit the city from participating in the defense of any claim, action or proceeding if the city elects to bear its own attorney’s fees and costs.

Table 5-1. Planning Permit Review Authority[1 ]

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Planning Planning
Type of Permit or Action Code Section City Council
Director Commission
Administrative
Administrative Modification 17.52.100 Decision Appeal
Density Bonus 17.32 Decision Appeal
Determination of Similar Use 17.52.030 Decision Appeal
Home Occupation Permit 17.40.130 Decision Appeal
Landscape Plan Review 17.34 Decision Appeal
Lot Line Adjustment Title 16 Decision Appeal
Reasonable Accommodation 17.40.190 Decision Appeal
Sign Permit 17.38 Decision Appeal
Site Plan and Design Review 17.52.060 Decision Appeal
Temporary Use Permit 17.40.280 Decision Appeal
Quasi-Judicial
Conditional Use Permit 17.52.020 Recommend Decision Appeal
Parcel Map Waiver Title 16 Recommend Decision Appeal
Precise Development Plan 17.52.040 Recommend Decision Appeal
Tentative Parcel Map Title 16 Recommend Decision Appeal
Tentative Tract Maps Title 16 Recommend Decision Appeal
Variance 17.52.090 Recommend Decision Appeal
Legislative Actions
Development Agreements Recommend Decision
General Plan Amendments Per state law Recommend Decision
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The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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Table 5-1. Planning Permit Review Authority[1 ]

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----- Start of picture text -----
Planning Planning
Type of Permit or Action Code Section City Council
Director Commission
Specific Plans 17.52.070 Recommend Decision
Zone Change 17.76 Recommend Decision
Zoning Code Text Amendments 17.76 Recommend Decision
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Notes:

1 “Decision” means that the review authority makes the final decision on the matter. “Recommend” means that the review authority makes a recommendation on action to a higher decision-making body. “Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body.

C. Definitions. As used herein, “land use approval” shall refer to decisions of the city approving requests of applicants for planning permits including but not limited to general plan amendments, annexations, zone changes, zoning ordinance text amendments, tentative maps, vesting tentative maps, tentative parcel maps, reversions to acreage, final maps, final map modifications or amendments, time extensions, parcel map waivers, lot line adjustments, boundary line adjustments, Williamson Act contract actions, certificates of compliance, conditional certificates of compliance, development agreements, conditional use permits, conditional use permit modifications, conditional use permit extensions, variances, variance modifications, precise development plans, specific plans, sign permits, site plans, temporary use permits, any administrative or discretionary permit pertaining to a land use approval or any accompanying California Environmental Quality Act determinations pertaining to the type of approval referred to in this section, and any other similar approval. (Ord. 706 § 3 (Exh. A), 2019).

The planning director shall review each application for completeness pursuant to the Permit Streamlining Act (Government Code Section 65920) 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 and any additional information deemed necessary during the initial application review period.

• A. Notification of Applicant.

  1. Within thirty days following application filing the applicant shall be informed in writing that either 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. Upon receipt of any resubmittal information following a notice of incomplete application, a new thirtyday period shall begin during which the director shall determine the completeness of the application.

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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B. Time for Submittal of Additional Information. When an application is incomplete, the time used by the applicant to resubmit 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 subsection (C) of this section.

• C. Expiration of Application.

  1. If an applicant fails to provide the additional information specified in the director’s “incomplete” letter within ninety days following the date of the letter, the application shall expire and be deemed withdrawn without any further action by the city, unless an extension is approved by the director for good cause shown.

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

• D. Environmental Information. After an application has been accepted as complete the director may require the applicant to submit additional information needed for environmental review of the project in compliance with the California Environmental Quality Act (CEQA) and the city’s CEQA guidelines. (Ord. 706 § 3 (Exh. A), 2019).

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

1. The proposed project is exempt from the requirements of CEQA;

2. The proposed project is not a “project” as defined by CEQA;

3. A negative declaration may be issued;

4. A mitigated negative declaration may be issued; or

5. An environmental impact report (EIR) and related documents shall be required.

B. Compliance with CEQA. These determinations and the preparation of appropriate environmental documents shall be prepared in compliance with CEQA and the city’s CEQA guidelines.

C. Special Studies. One or more special studies may be required to complete the city’s CEQA compliance review. These studies shall be paid for by the applicant and shall become public documents, and neither the applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents’ availability to the public. (Ord. 706 § 3 (Exh. A), 2019).

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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