Chapter 19.40 — APPLICATION FILING AND PROCESSING

This article provides procedures and requirements for the preparation, filing, and processing of applications for land use permits and other entitlements required by this Zoning Ordinance. (Ord. 01-594 § 2, 2001)

Table 4-1 (Review Authority) identifies the city official or body responsible for reviewing and making decisions on each type of application, land use permit, and other entitlements required by this Zoning Ordinance.

The Community Development Director may refer any request to the Planning Commission for a decision, except for applicable projects processed as a ministerial housing permit, as listed in Section 19.45.20 (Applicability). Additional fees shall not be charged to the applicant in the event of a Community Development Director's referral. See also Section 19.62.070 (Amendments to an approved project).

Any city official or body serving as the city's decision-making or appeal review authority for a project as set forth in Table 4-1 shall have the authority to adopt and/or certify environmental reviews performed under the California Environmental Quality Act.

TABLE 4-1 REVIEW AUTHORITY

Notes:

(1) "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "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 19.76 (Appeals).

Notes:

• (2) Appeal body for Commission actions only. See Chapter 19.76 (Appeals).

• (3) Decisions on special event permits are by the Economic Development Director, appealed to the City Manager, and then to the Council.

• (4) Final Maps are approved by the City Engineer.

• (Ord. 01-594 § 2, 2001; Ord. 02-643 § 39, 2003; Ord. 03-663 § 4, 2003; Ord. 03-670 § 6, 2003; Ord. 12-894 § 1, 2012; Ord. 15-952 § 6, 2015; Ord. 18-1048 § 6, 2018; Ord. 19-1058 § 171, 2019; Ord. 24-16, 6/24/2024; Ord. 25-09, 5/19/2025)

Applications for land use permits, entitlements, amendments (e.g., General Plan, Zoning Map, and Zoning Ordinance), and other matters pertaining to this Zoning Ordinance shall be filed with the department as follows.

• A. Eligibility for Filing. Application may be filed by owners of property, lessees authorized by written consent of the owners, or others who have contracted to purchase or lease the property contingent on the acquisition of necessary permits from the city, which application shall be accompanied by a copy of the contract. Any applicant may be represented by an agent authorized in writing to file on behalf of the applicant.

• B. Application Contents. The application shall include the forms provided by the department, and all information and materials required by the department.

• C. Filing Fees. The application shall be accompanied by the processing fees established by the city's Fee Resolution, and any additional fees or deposits required by this Zoning Ordinance or the Municipal Code. All fees for new land development, private revitalization, and new occupancy approvals shall cover the costs of permit application processing, permit issuance, and administration.

• D. Refunds.

  1. Recognizing that filing fees cover the city's costs for public hearings, mailing, posting, transcripts, and the staff time required to process applications, no refunds due to a denial are allowed.

  2. In the case of a withdrawal, the Director may, at the request of the applicant, authorize a partial refund based upon the pro-rated costs to-date and determination of the status of the application at the time of withdrawal.

• E. Waivers. Application filing fee waivers may be granted in compliance with Chapter 19.58 (Cultural Heritage Preservation) for historic structures, city projects, or where the applicant is a non-profit organization and the application is for a project or event that is partly funded by the city.

• (Ord. 01-594 § 2, 2001)

All applications filed with the department in compliance with this Zoning Ordinance shall be initially processed as follows.

• A. Review for Completeness. The department shall review all applications for completeness and accuracy before being accepted as complete, in compliance with Section 19.40.030 (Application Filing, Fees). The department will consider an application complete when:

  1. All necessary application forms, documentation, exhibits, materials, and studies as established by the department, have been provided and accepted as adequate;

  2. All necessary fees and deposits have been paid and accepted.

• B. Notification of Applicant. The Director shall notify the applicant in writing within 30 days of the filing of the application with the department 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 letter, shall be provided.

• C. Expiration of Application. If the applicant does not provide the information and materials necessary for a pending application to be deemed complete within 180 days after notification of incompleteness, the application shall be deemed withdrawn. The Director may grant one six-month extension. After expiration of the application and extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of any project on the same property.

• D. Additional Information. After an application has been accepted as complete, the department may require the applicant to submit additional information needed for the environmental review of the project in compliance with subsection (F) , below.

• E. Referral of Application. At the discretion of the Director, or where otherwise required by this Zoning Ordinance, state, or federal law, any application may be referred to any city department, special district, or other public agency that may be affected by or have an interest in the proposed land use activity.

• F. Environmental Assessment. All development applications shall be reviewed, as required by the California Environmental Quality Act (CEQA), to determine whether:

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

  2. A negative declaration or mitigated negative declaration may be issued; or

  3. An environmental impact report (EIR) shall be required.

These determinations and, where required, the preparation of EIRs or other focused studies shall be in compliance with the city's CEQA Guidelines. In addition to the City Council, any city official or body serving as the city's decision-making or appeal review authority for a project as set forth in Table 4-1 in Section 19.40.020 shall have the authority to adopt and/or certify environmental reviews performed under the California Environmental Quality Act.

(Ord. 01-594 § 2, 2001; Ord. 05-705 (Attachment A), 2005; Ord. 15-952 § 7, 2015)