This article establishes procedures and requirements for the preparation, filing, and processing of permit applications required by the zoning code. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.010 Review Authority.

Table 44-1.70-1 identifies the review authority that is responsible for reviewing and making decisions on each type of permit required by this zoning code. Application for any of the decisions identified in Table 44-1.70-1 shall be filed with the Department by completing an application form provided by the Department and accompanied by the appropriate filing fee.

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 the decision of an earlier decision-making body, in compliance with Article 44-1.80.080 (Appeals).

2 The Zoning Administrator may defer action and refer the request to the Commission, so that the Commission may instead make the decision.

(Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.020 Application Preparation and Filing.

A. Application Contents. All applications for a permit required by the zoning code shall be filed with the Department on an official County application form. The application shall be filed with all required fees, deposits, information, and materials as specified by the Department.

B. Fees for Application Processing. Each applicant for a planning permit processed in compliance with this chapter shall be required to pay all costs incurred by the County for the processing of each application. The Board shall establish a schedule of fees for the processing of the applications and other actions required by this zoning code, hereafter referred to as the County’s fee schedule.

C. Eligibility for Filing. An application for a planning permit may only be filed by the owner of the property subject to the planning permit application, or a lessee or authorized agent of the owner that has the written consent of the property owner to file the application on the owner’s behalf.

D. Concurrent Permit Processing. If more than one planning permit application is submitted for a single project, the applications shall be processed concurrently, with all the permits being considered and acted upon by the highest applicable review authority. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.030 Review of Application.

A. Review for Completeness. Review and processing of permits shall be in accordance with the Permit Streamlining Act (Section 65943 of the California Government Code).

1. The Director may require a pre-application conference.

2. The Department shall review each application for completeness and accuracy before it is deemed suitable for submission. A final determination of completeness is not provided at this stage.

3. Receipt of the application by the Department shall be based on the County’s list of required application contents and any additional written instructions provided to the applicant in a pre-application conference or during the initial application review period.

4. As per Permit Streamlining Act, within 30 days of application receipt, except as provided below, the Director shall determine whether or not the application is complete. The applicant shall be informed in writing of the determination that either:

a. the application is complete and has been accepted for processing;

b. the application is incomplete and that specific information is required to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with County standards and requirements; or

c. the application requests permission for an action not allowed in the applicable zone or that cannot lawfully be approved by the County and is not accepted for processing.

In order to expedite the process for administrative permits, temporary use permits, and minor use permits, the Director shall determine whether the application is complete within 14 days unless the applicant is otherwise notified in writing within that time period of additional information necessary to complete the application.

5. If additional information or submittals are required and the application is not made complete within six months of the completeness determination letter or if a written request for extension of time that includes evidence that the applicant is working toward completeness is not provided by the applicant, the application shall be deemed to have been withdrawn and no action will be taken on the application. Unexpended fees, as determined by the Director, will be returned to the applicant provided the applicant submits a written request for a refund.

6. When the Director determines that an application is incomplete and the applicant believes that the application is complete or that the information requested by the Department is not required, the applicant may appeal the determination in compliance with Section 44-1.90.090 (Appeals) and the Permit Streamlining Act (Section 65943 of the California Government Code).

7. After the Director has accepted an application as complete, the Department may require the applicant to submit additional information for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA).

B. Application Review. After acceptance of a complete application, the project shall be reviewed in accordance with the review procedures established by this chapter and the environmental review procedures of the CEQA. The Director will consult with other departments as appropriate to ensure compliance with all provisions of the County Code and other adopted plans and requirements. The Department staff will prepare a report to the designated review authority (Zoning Administrator, Commission, and/or Board) describing the project, along with a recommendation to approve, conditionally approve, or deny the application.

C. Types of Review. The review procedures for various types of planning applications will be subject to one of the following three procedures:

1. Zoning Administrator Review without Public Notice. The Zoning Administrator shall render decisions for all ministerial zoning applications (administrative permit, temporary use permit, and reasonable accommodation) based upon standards that have been adopted by the County as law or as policy without the requirement of a public hearing or notice to surrounding property owners and other parties.

2. Zoning Administrator Review with Public Notice. The Zoning Administrator shall provide written or published notice to affected and interested parties regarding specific findings or conditions prior to a decision for all minor use permit applications. The notice shall be designed to inform interested parties of the pending decision and provide the public a chance to comment before the Zoning Administrator renders a decision.

3. Public Hearing. In accordance with planning and zoning law, the Subdivision Map Act, and the California Environmental Quality Act, public hearings shall be required for all discretionary actions of the County (variance, use permit, planned developments, specific plans, zoning amendments, and General Plan amendments). A public hearing may be conducted before the Board, the Commission, or the Zoning Administrator. During the course of the public hearing, the applicable review authority shall invite public testimony for and against the project, review evidence, and then render its decision in compliance with Section 44-1.80.080 (Decision and Conditions of Approval). (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.040 Referral of Application.

At the discretion of the Department, or where otherwise required by the County Code, State, or federal law, an application may be referred for comment to any public agency that may have an interest in the project. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.050 Staff Evaluation.

The Director shall review all discretionary applications filed in compliance with this article to determine whether they comply and are consistent with the provisions of this zoning code, other applicable provisions of the County Code, the General Plan, and any other applicable County requirements.

A. Staff Report. Department staff shall provide a written recommendation to the Zoning Administrator, Commission, and/or Board (as applicable) on whether the application should be approved, approved subject to conditions, or denied.

B. Report Distribution. Each staff report shall be provided to the applicant at the same time as it is provided to the applicable review authority prior to a hearing on the application. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.060 Public Notice.

Notice of public hearings or staff-level review with notice procedures shall be provided as set forth in California Government Code Section 65090 et seq., except that notice shall be provided to owners of real property, as shown on the latest equalized assessment roll, within 300 feet of the real property that is the subject of the public hearing or staff-level review.

A. Requests for Notification. Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the Department. The County may require payment of a reasonable fee for the purpose of recovering the cost of such notification.

B. Failure to Receive Notice. Failure of any person or entity to receive notice required by law of any hearing as required by this title shall not constitute grounds for any court to invalidate the actions of a designated review authority for which the notice was given. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.070 Hearing Procedure.

Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The designated review authority shall conduct the public hearing and hear testimony. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.080 Decision and Conditions of Approval.

The review authority shall make a decision of whether to approve, approve with conditions, or deny a project. In approving an application for a permit or authorization, the review authority may establish reasonable conditions to its approval that are found to be necessary to mitigate impacts created by the proposed project, that are consistent with the General Plan, zoning code, and other applicable laws, ordinances, standards, or regulations, and that protect the public health, safety, and welfare.

A. Conditions of approval may be revised in compliance with Section 44-1.90.080 (Revisions to an Approved Permit).

B. The violation of any required condition shall constitute a violation of this article and may constitute grounds for revocation of the permit or authorization in compliance with Section 44-1.90.090 (Permit Revocation or Modification).

C. The review authority may require recordation of the conditions of approval. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.70.090 Post-Decision Notice.

A. Within 10 days of a final decision on an application for an allowed use decision or permit required by this Article, the County shall provide notice of its final action to the applicant and to any person(s) who specifically requested notice of the County’s final action and has provided a self-addressed stamped envelope.

B. The notice shall contain the final decision by the review authority, any conditions that may have been required, and the findings made to support the decision. (Ord. No. 765 § 2 (Exh. A) (part))