Santa Clara City Code § 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.
Application Processing Procedures
Santa Clara City Code ch. 18.112
in effectSanta Clara City Code § 18.112.020 Authority for Land Use and Zoning Decisions
Table 6-1 (Review Authority), below, identifies the Review Authority responsible for reviewing and making decisions on each type of application required by this Zoning Code.
Table 6-1 Review Authority
Type of Action | Applicable Code Citation | Role of Review Authority(1)(2)
Table 6-1 Review Authority
| Director | Planning | Council | ||
|---|---|---|---|---|
| Commission | ||||
| 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 |
| 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. |
Santa Clara City Code § 18.112.030 Application Preparation and Filing
A. Eligible Applicants.
1. May be Filed by Owner(s), Lessee(s), and Agent(s). An application for a discretionary permit or a Zoning Map Amendment may only be filed by the owner(s) of the subject property, a lessee with at least a five-year lease, or an authorized agent of the property owner(s) with the written consent of the property owner(s).
2. Signature of Owner(s) Required. The application shall be signed by the property owner(s) of record or may be signed by the lessee or by authorized agent of the property owner(s) if written authorization from the property owner(s) of record is filed concurrently with the application.
B. Application Contents. Each application for a permit, amendment, or other matter pertaining to this Zoning Code shall be filed with the Department on a City application form, together with all required fees and/or deposits and all other information and materials specified in the most up-to-date Department handout for the specific type of application and/or as specified by the Director.
C. Application Filing Status.
1. Application Filing and Determination. The application shall be prepared by the applicant and submitted to the Department where City staff will make the following determinations, if applicable:
a. Proposal is consistent with the General Plan.
b. Proposed use(s) are allowed within the zone in which they would be located.
c. Type of permit required.
d. Legal status of property.
e. There are no outstanding violations on the property which need to be corrected prior to application acceptance.
2. Cannot Lawfully be Approved. . If the Director determines that an application cannot lawfully be approved by the City (e.g., a request for a Zoning Map amendment or Conditional Use Permit could not be approved in the absence of a concurrent General Plan amendment application or a Conditional Use Permit application proposes a use that is not allowable in the subject zone, etc.), or the application constitutes a non-allowed resubmittal of a previously denied request in compliance with Section 18.128.090 (Resubmittals), the Director shall not accept the application for processing and any collected fees shall be returned.
3. Not Within the Scope. In cases where the Director considers the reasons and conditions specified in the application not within the scope of the requested permit or approval, or that the application is incomplete, the applicant shall be so informed and given an opportunity to complete the application in compliance with Section 18.112.060 (Initial Review of Application).
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.
5. Acceptance Does Not Constitute Approval. . Acceptance of the application and/or fees does not constitute an indication of approval nor imply that the application is complete.
Santa Clara City Code § 18.112.040 Application and Other Related Fees
A. Fee Schedule.
1. The Council shall establish a Planning Application Fee Schedule for the processing of the applications required by this Zoning Code.
2. The fee schedule is intended to allow recovery of all costs, to the maximum extent allowed by law, incurred by the City in processing permit applications.
B. Timing of Payment.
1. The total fee is due and payable when the application is submitted to the Department.
2. Applications shall not be deemed complete and processing shall not commence on any application until the applicant has paid all required fees or deposits. Payment of required fees and/or deposits shall not be sufficient to deem the application complete.
3. Failure to make timely payments of required fees and/or deposits shall be a basis for denial or revocation of any permit or other requested entitlement, notwithstanding any other provisions of this Zoning Code.
C. Refunds and Withdrawals.
1. Application fees cover City costs for public hearings, mailings, staff and consultant time, and the other activities involved in processing applications.
2. No fee refund based on application denial shall be allowed.
3. In the case of an application withdrawal, the Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal.
Santa Clara City Code § 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.
Santa Clara City Code § 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. Determination of Completeness. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be notified by a letter that the application is complete or that the application is incomplete and that additional information shall be provided within 14 days. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the Director's determination in compliance with Chapter 18.144 (Appeals). This is not applicable to legislative actions.
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.
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. Expiration of Application.
1. If an applicant fails to provide the additional information specified in the Director's letter within 180 days following the date of the letter, or shorter time frame as specified by the Director, the application shall expire and be deemed withdrawn without any further action by the City, unless a written request for a time extension is submitted by the applicant and approved by the Director.
2. After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.
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.
E. Project Review Procedures.
1. Investigation of Facts. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Article.
2. Inspection of Premises.
a. Pre-inspections. The Director shall have access to the premises subject to the application in order to make an inspection(s) to confirm the statements contained in the application and accompanying graphic materials and to make a judgment as to its suitability.
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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Source: City of Santa Clara Zoning Code (santaclaraca.gov PDF)URL: https://www.santaclaraca.gov/our-city/departments-a-f/community-development/planning-division/zoningFetched: 10/24/2026