The purpose of this chapter is to establish review and approval procedures for ministerial and discretionary permits provided for by this title. Application contents and development standards and conditions for the approval of permits are contained in the appropriate chapters of this title.

(Prior code § 7284.01)

Development standards and conditions required in conjunction with the approval of a ministerial or discretionary permit shall be satisfied or bonded for prior to the final inspection of any related structure for which a building permit is required, except as otherwise specified by the applicable development standards and conditions. Where no building permits are required in conjunction with a use authorized by a ministerial or discretionary permit, all development standards and conditions shall be satisfied or bonded for prior to the commencement of said use, except as otherwise specified by the applicable development standards and conditions.

(Ord. G-5346 § 102, 1990)

Any permit, conditional use permit, variance or zone modification issued pursuant to this chapter may be modified or revoked by the official or decision-making body that originally approved the permit by the same procedure under which the permit was issued for any of the following causes:

A.

That any term or condition of the permit, conditional use permit, variance or zone modification has not been complied with;

B.

That the property or portion thereof subject to the permit, conditional use permit, variance or zone modification is used or maintained in violation of any statute, ordinance, law or regulation;

C.

That the use for which the permit, conditional use permit, variance or zone modification was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance;

D.

That changes in technology or in the type or amount of development in the vicinity of the use or other good cause warrants modification of the conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located.

(Prior code § 7284.06)

Any action or proceeding to attach, review, set aside, void or annul any decision made pursuant to this chapter, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within thirty (30) days after the date of the decision and the legislative body is served within sixty (60) days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of that decision or of these proceedings, acts or determinations.

(Prior code § 7284.07)

The ministerial permits specified in this title for review pursuant to this article shall be issued by the planning director upon submission of an application containing the information specified in applicable sections of this title and a determination by the planning director that the proposed use or development meets the development standards and conditions specified in the applicable section or sections of this title. These permits include:

A.

CRV recycling center permit (Section 19.08.480);

B.

Temporary animal permit plot plan review (Sections 19.14.130 and 19.60.130 through 19.60.160);

C.

Extensions for temporary mobilehomes and recreational vehicles (Sections 19.16.130 and 19.18.160);

D.

Mobilehome park plot plan review (Sections 19.26.130 through 19.26.190);

E.

Minor plan modifications (Sections 19.52.130 through 19.52.180, 19.56.130 through 19.52.180, 19.56.130 through 19.56.200, 19.58.130 through 19.58.180, and 19.100.050;

F.

Commercial wind farm plot plan review (Sections 19.64.130 through 19.64.150);

G.

Geologic hazard plot plan review (Sections 19.68.130 through 19.68.150);

H.

Special development standards plot plan review (Sections 19.80.040 through 19.80.070);

I.

Off-street parking plot plan review not in conjunction with a ministerial permit (Sections 19.82.100 through 19.82.130);

J.

Landscaping plot plan review not in conjunction with a ministerial permit (Sections 19.86.070 through 19.86.100);

K.

Density bonus permit (Sections 19.92.030 through 19.92.060);

L.

Home occupation permit (Sections 19.94.050 through 19.94.080);

M.

Production water injection wells for the purpose of disposing of production wastewater produced in the same oilfield in which the injection well is located (Section 19.98.030);

N.

Oil and gas conformity review and minor activity review (Sections 19.98.070 through 19.98.120);

O.

Large family day-care permit — no hearing (Sections 19.96.030 through 19.96.060);

P.

Temporary batch plant (thirty (30) days or less) plot plan review (Section 19.08.290);

Q.

Secondary residential unit plot plan review (Sections 19.90.040 through 19.90.060);

R.

Truck parking as accessory to residential use permit (Section 19.08.252).

(Ord. G-7012 § 58, 2003; Ord. G-6551 § 109, 1998; Ord. G-6297 § 68, 1996; Ord. G-6077 § 330, 1994; Ord. G-5346 § 103, 1990; Ord. G-5063 § 4, 1989; prior code § 7284.02 (part))

(Ord. No. G-7821, § 81, 1-27-09; Ord. No. G-8725, § 20, 7-11-17; Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 24, 3-8-21)

A.

An applicant for a ministerial permit pursuant to this article shall submit an application to the planning director in the format and number of copies specified by the planning director. The application shall contain all the information specified for the application by the applicable section of this title, unless the planning director waives any of the information requirements. The application shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.030 of this title.

B.

The planning director shall inform the applicant either verbally or in writing within seven (7) calendar days of receipt that the application is complete or that additional information is needed to complete the application.

C.

Within seven (7) calendar days of determining the application is complete, the planning director shall issue the permit if he/she determines that the proposed use or development standards meets the development standards and conditions specified in the applicable section or sections of this title or deny the permit if he/she determines that the proposed use or development does not meet the standards and conditions specified in the applicable section or sections of this title.

(Ord. G-6077 § 331, 1994: prior code § 7284.02(A))

If the planning director denies a permit pursuant to this article, the applicant may appeal such action to the planning commission.

A.

The applicant may file with the planning director a notice of appeal to the action of the planning director indicating the basis of appeal within seven (7) calendar days of such action. The appeal shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.040 of this title.

B.

The planning commission shall consider the appeal within thirty (30) days of the filing of such appeal. No public hearing or notice shall be required.

C.

The planning commission may reverse or affirm the action of the planning director. The action of the board shall constitute a ministerial action and shall be based solely on whether or not the proposed use or development meets the development standards and conditions specified in or established pursuant to the applicable section or sections of this title.

D.

The decision of the planning commission pursuant to subsection (C) of this section may be appealed to the board of supervisors pursuant to subsection (A) of Section 19.102.170 of this chapter.

(Ord. G-7189 § 92, 2005; Ord. G-6551 § 110, 1998: Ord. G-6077 § 332, 1994: prior code § 7284.02(B))

The discretionary permits specified in this title for review pursuant to this article may be issued by the planning director following submission of an application containing the information specified in the applicable section of this title and a properly noticed public hearing. These permits include:

A.

Precise development plan review (Sections 19.56.130 through 19.56.200);

B.

Cluster combining site development plan review (Sections 19.58.130 through 19.58.180);

C.

Conditional use permits and variances when filed in conjunction with an application for a discretionary permit to be heard by the planning director (Chapters 19.106 and 19.108);

D.

Zone modifications (Chapter 19.110);

E.

Extensions of time;

F.

Temporary event permit (Section 19.08.340);

G.

Temporary fruit stands (Sections 19.12.130 and 19.14.130);

H.

Temporary precise development plan (Section 19.56.180);

I.

Variances (Chapter 19.106);

J.

Small wind energy system permit (Section 19.08.415);

K.

Kern River development permit (Chapter 19.73);

L.

Airport approach height (H district) plot plan review (Sections 19.76.130 and 19.76.140);

M.

Community garden permit (Chapters 19.16, 19.18, 19.20, 19.22, 19.26. 19.28, 19.30, 19.32, 19.34, and 19.42).

N.

Accessory dwelling unit (Chapters 19.90 and 19.106).

(Ord. G-6968 § 55, 2003; Ord. G-6864 §§ 77, 78, 2002; Ord. G-6551 § 111, 1998: Ord. G-6077 § 333, 1994: Ord. G-5063 § 5, 1989; prior code § 7284.03 (part))

(Ord. No. G-7821, § 82, 1-27-09; Ord. No. G-8226, § 104, 11-8-11; Ord. No. G-8725, § 21, 7-11-17)

A.

An applicant for a discretionary permit pursuant to this article shall submit an application to the planning director in the format and number of copies specified by the planning director. The application shall contain all the information specified for the application by the applicable section of this title, unless the planning director waives any of the information requirements. The application shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.030 of this title.

B.

The planning director shall inform the applicant in writing within thirty (30) calendar days of receipt that the application is complete or that additional information is needed to complete the application.

C.

Upon acceptance of the application as complete and completion of an environmental document, if required, a public hearing shall be set in accordance with this chapter.

(Ord. G-6077 § 334, 1994: prior code § 7284.03(A))

A.

When an application has been accepted as complete in accordance with this chapter, the planning director shall set the application for a public hearing.

B.

At least ten (10) calendar days before the date of any public hearing, the date, time, place of the hearing, identity of the hearing body, and the nature and location of the application shall be given by the following methods:

1.

Publishing such notice once in a newspaper of general circulation.

2.

Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to each member of the board of supervisors, to the owners of all property within five hundred (500) feet of the exterior boundaries of the property which is subject of the application, and to any person who has filed a written request for such notice. In instances where the majority of parcels abutting the project site are one (1) acre or larger in size, owners of all property within one thousand (1,000) feet of the project site shall be provided notice. For the purposes of this notice, property owners shall be the last known name and address of the property owner names on the last assessment roll of the county. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand (1,000), a display advertisement of at least one-eighth (⅛) page in at least one (1) newspaper of general circulation may be published at least ten (10) days prior to the hearing in lieu of mailed or delivered notice.

3.

In lieu of the requirements set forth in subparagraph (1) of this subsection, notice may be given by posting notices not more than three hundred (300) feet apart along each street upon which the subject property abuts for a distance of not less than three hundred (300) feet in each direction from the exterior limits of the subject property. In instances where the majority of parcels abutting the project site are one (1) acre or larger in size, notice shall be posted not more than three hundred (300) feet apart for a distance of one thousand (1,000) feet in each direction.

4.

Notification for the consideration of zone modifications (Chapter 19.110) shall be as specified in subsections 19.102.090(B)1 and 3. In addition, notification shall include the mailing or delivering notice, postage prepaid, to the property owner(s), owners of all abutting properties, the applicant(s), to each member of the board of supervisors, and to any person who has filed a written request for such notice.

5.

Notification for the consideration of community garden permits, extension of time requests, small wind energy system permits, temporary event permits (TEP), temporary fruit stands, and temporary precise development plans shall be provided as follows:

a.

Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to the owners of all abutting properties, to each member of the board of supervisors, and to any person who has filed a written request for such notice.

b.

For small wind energy system permit applications on sites included within the restricted military air space shown as any cross-hatched area in Figure 19.08.160, notice also shall be mailed or delivered to the China Lake Naval Weapons Center and the Edwards Air Force Base Flight Test Center.

C.

Public Hearing. A public hearing shall be held before the planning director at a time and place in accordance with the public notice. The director may establish his/her own rules for the conduct of such hearings. Evidence shall be offered or presented, and the name of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the director or his/her designee shall announce the time and place to which the hearing will be continued. If it is determined to be in the public interest, the director may schedule a public hearing for any permit type specified in Section 19.102.070 directly before the board of supervisors, in which case a decision shall be rendered in accordance with Section 19.102.220.

(Ord. G-7189 § 94, 2005; Ord. G-6968 § 56, 2003; Ord. G-6967 § 28, 2003; Ord. G-6864 § 80, 2002; Ord. G-6551 § 112, 1998: Ord. G-6412 § 60, 1997: Ord. G-6077 §§ 335, 336, 1994; Ord. G-5684 §§ 102—104, 1991; Ord. G-4993 § 54, 1989; Ord. G-4832 § 173, 1988; prior code § 7284.03(B))

(Ord. No. G-8226, § 105, 11-8-11)

A.

The planning director may approve, conditionally approve, or deny any application following the close of the public hearing on the matter. Such decision shall include findings in accordance with the provisions of this title. The decision shall be final, subject to appeal in accordance with Section 19.102.110 of this chapter.

B.

Written notice of such decision shall be given by mail within seven (7) calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision.

C.

The decision of the planning director shall be final on expiration of fourteen (14) calendar days from and including the date of decision, unless a notice of appeal is filed with the planning director within such time.

D.

All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless such conditions are appealed pursuant to Section 19.102.110 of this chapter.

(Ord. G-6077 § 338, 1994: prior code § 7284.03(C))

A.

Any decision of the planning director made pursuant to this article shall be subject to appeal to the board of supervisors.

B.

The applicant or any other person aggrieved may appeal from such decision by filing a written notice of appeal with the planning director prior to the time the decision becomes final. The planning director shall furnish forms of notice of appeal. The appeal shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.040 of this title.

C.

Notice of the hearing on the appeal shall be given in the manner and time provided in Section 19.102.210 of this chapter.

D.

The board of supervisors may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from.

E.

The decision of the board of supervisors on any such appeal shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.

(Ord. G-7189 § 96, 2005; Ord. G-6077 § 339, 1994: prior code § 7284.03(D))

No permit shall be issued prior to the expiration of any appeal period.

(Prior code § 7284.03(E))

The permits specified in this article may be issued by the planning commission following submission of an application containing the information specified in the applicable section of this title and a properly noticed public hearing. These permits include:

A.

Conditional use permits (Chapter 19.104);

B.

Zone modifications when filed in conjunction with an application for a permit to be heard by the planning commission (Chapter 19.110);

C.

Surface mining permits and reclamation plans (Chapter 19.100);

D.

Secondary residential unit (Chapters 19.90 and 19.104);

E.

Density bonus permit, when filed in conjunction with an application for a permit to be heard by the planning commission (Sections 19.92.030 through 19.92.060);

F.

Variances, when filed in conjunction with an application for a permit to be heard by the planning commission (Chapter 19.106);

G.

Cluster site development plan review (Sections 19.58.130 through 19.58.180) when filed in conjunction with an application for a tentative tract map;

H.

Precise development plans, conditional use permits, variances and zone modifications when filed in conjunction with an application for a tentative tract map (Chapters 19.104, 19.106, and 19.110);

I.

Tentative tract maps (Chapters 18.10, 18.15, and 18.40 of the Land Division Ordinance).

J.

Legal, nonconforming use expansion (Chapter 19.108)

(Ord. G-6551 § 113, 1998: Ord. G-6077 § 340, 1994: Ord. G-5966 § 156, 1993: prior code § 7284.04 (part))

(Ord. No. G-8226, § 106, 11-8-11)

The following discretionary permits and actions shall be considered by the planning commission prior to consideration by the board of supervisors, following submission of an application containing the information specified in the applicable section of this title and a properly noticed public hearing. These permits and actions include the following:

A.

Special planning site development plan review (Sections 19.52.130 through 19.52.180);

B.

Precise development plan review, with associated variances, zone modifications or conditional use permits, when filed in conjunction with an application for a change of zone classification (Sections 19.56.130 through 19.56.200 and Chapters 19.104, 19.106, and 19.110);

C.

Cluster combining site development plan review (Sections 19.58.130 through 19.58.180) when filed in conjunction with an application for a change in zone classification;

D.

Density bonus permit when filed in conjunction with an application for a change in zone classification or an application for a permit to be heard by the board of supervisors (Sections 19.92.030 through 19.92.060);

E.

Conditional use permits, variances and zone modifications when filed in conjunction with an application for a change in zone classification (Chapters 19.104, 19.106, and 19.110);

F.

Amendments to this title (Chapter 19.112);

G.

Application for change in zone classification (Chapter 19.112);

H.

Agricultural preserve inclusion or exclusion requests;

I.

Adoption of amendment of any general plan, specific plan or specific plan line;

J.

Williamson Act Land Use Contract cancellations, excluding cancellations of less than ten (10) acres for the purposes of creating an agricultural homesite, as determined by the planning director;

K.

Referrals from the board of supervisors and the planning director.

(Ord. G-7012 § 60, 2003; Ord. G-6551 § 114, 1998)

A.

An applicant for a discretionary permit or entitlement pursuant to this article shall submit an application to the planning director in the format and number of copies specified by the planning director. The application shall contain all the information specified for the application by the applicable section of this title, unless the planning director waives any of the information requirements. The application shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.030 of this title.

B.

The planning director shall inform the applicant in writing within thirty (30) calendar days of receipt that the application is complete or that additional information is needed to complete the application.

C.

Upon acceptance of the application as complete and completion of an environmental document, if required, a public hearing shall be set in accordance with this chapter.

(Ord. G-6551 § 115, 1998: Ord. G-6077 § 341, 1994: Ord. G-4832 § 174, 1988; prior code § 7284.04(A))

A.

When an application has been submitted in accordance with this chapter, the planning director shall set the application for a public hearing.

B.

At least ten (10) days before the date of any public hearing, the date, time, place of the hearing, identity of the hearing body, and the nature and location of the application shall be given by the following methods:

1.

Publishing such notice once in a newspaper of general circulation;

2.

Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to each member of the board of supervisors, to each member of the planning commission, to the owners of all property within five hundred (500) feet of the exterior boundaries of the property which is subject of the application, and to any person who has filed a written request for such notice. In instances where the majority of parcels abutting the project site are one (1) acre or larger in size, owners of all property within one thousand (1,000) feet of the project site shall be provided notice. For the purposes of this notice, property owners shall be the last known name and address of the property owner names on the last assessment roll of the county. lf the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand (1,000), a display advertisement of at least one-eighth (⅛) page in at least one (1) newspaper of general circulation may be published at least ten (10) days prior to the hearing in lieu of mailed or delivered notice;

3.

In lieu of the requirements set forth in subparagraph (1) of this subsection, notice may also be given by posting notices not more than three hundred (300) feet apart along each street upon which the subject property abuts for a distance of not less than three hundred (300) feet in each direction from the exterior limits of the subject property. In instances where the majority of parcels abutting the project site are one (1) acre or larger in size, notice shall be posted not more than three hundred (300) feet apart for a distance of one thousand (1,000) feet in each direction.

C.

Public Hearing. A public hearing shall be held before the planning commission at a time and place in accordance with the public notice. The board of supervisors shall establish rules for the conduct of such hearings. Evidence shall be offered or presented, and the name of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the presiding officer shall announce the time and place to which the hearing will be continued. If it is determined to be in the public interest, the planning director may schedule a public hearing for any permit type specified in Section 19.102.130 directly before the board of supervisors, in which case a decision shall be rendered in accordance with Section 19.102.220.

(Ord. G-6967 § 30, 2003; Ord. G-6864 § 82, 2002; Ord. G-6551 § 116, 1998: Ord. G-6412 § 61, 1997: Ord. G-6077 §§ 342, 343, 1994; Ord. G-5684 §§ 105, 106, 1991; Ord. G-4832 § 175, 1988; prior code § 7284.04(B))

A.

The planning commission may approve, conditionally approve or deny any application specified by Section 19.102.130 following the close of public testimony on the matter or within thirty-five (35) days thereafter by resolution except as provided in Title 18. Such resolution shall include findings in accordance with the provisions of this chapter. The decision shall be final, subject to appeal in accordance with this chapter. In the event that the planning commission is unable to reach a majority decision, as evidenced by a tie vote, the project is deemed denied.

B.

Where an advisory action is required as specified by Section 19.102.135, the planning commission shall adopt a recommendation following the close of public testimony on the matter or within thirty-five (35) days thereafter by resolution. Such resolution shall include findings in support of the recommendation. In the event that the planning commission is unable to reach a majority decision, as evidenced by a tie vote, the project is deemed denied. Except for general plan amendments, within fifty (50) days from the date a decision is rendered by the planning commission, a public hearing shall be scheduled before the board of supervisors to consider the planning commission's recommendation.

C.

Written notice of such decision shall be given by mail within seven (7) calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision.

D.

The decision of the planning commission on permits specified by Section 19.102.130 shall be final on expiration of fourteen (14) calendar days from and including the date of the decision, as required by subsection (C) of this section, unless a notice of appeal is filed with the planning director within such time.

E.

All conditions of approval shall be final, and a request to delete or to modify a condition shall only be considered at a properly noticed public hearing, unless such conditions are appealed pursuant to Section 19.102.170 of this chapter.

(Ord. G-6864 § 84, 2002; Ord. G-6551 § 117, 1998: Ord. G-6077 § 345, 1994; prior code § 7284.04(C))

A.

Any decision of the planning commission made pursuant to Section 19.102.130 shall be subject to appeal to the board of supervisors.

B.

The applicant or any other person aggrieved may appeal from such decision by filing a written notice of appeal with the planning director prior to the time the decision becomes final. The planning director shall furnish forms of notice of appeal. The appeal shall be accompanied with the fee established by the board of supervisors pursuant to Section 19.06.040 of this title.

C.

Notice of the hearing on appeal shall be given in the manner and time provided in Section 19.102.210 of this chapter. Notice of the hearing on appeal shall also be given not less than ten (10) days before such hearing to each person entitled to notice of the preceding decision.

D.

The board of supervisors may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from.

E.

A decision of the board of supervisors on any such appeal shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.

(Ord. G-7189 § 98, 2005; Ord. G-6551 § 118, 1998: Ord. G-6077 § 347, 1994; prior code § 7284.04(D))

No permit shall be issued prior to the expiration of any appeal period.

(Prior code § 7284.04(E))

The discretionary permits specified in this title for review pursuant to this article may be issued by the board of supervisors following submission of an application containing the information specified in the applicable section of this title and a properly noticed public hearing. These permits include:

A.

SP site development plan review (Sections 19.52.130 through 19.52.180);

B.

Precise development plan review, with associated variances, zone modifications, or conditional use permits, when filed in conjunction with an application for a change of zone classification or tentative tract map (Sections 19.56.130 through 19.56.200 and Chapters 19.104, 19.106, and 19.110);

C.

CL site development plan review (Sections 19.58.130 through 19.58.180) when filed in conjunction with an application for change of zone classification or with a tentative tract map;

D.

Density bonus permit when filed in conjunction with an application for a change of zone classification or an application for a permit to be heard by the board of supervisors (Sections 19.92.030 through 19.92.060),

E.

Appeals of discretionary decisions by the planning director (Subsection (A) of Section 19.102.110);

F.

Appeals of Planning Commission decisions (Section 19.102.170);

G.

Conditional use permits, variances, and zone modifications when filed in conjunction with an application for a change in zone classification or for a tentative tract map (Chapters 19.104, 19.106, and 19.110);

H.

Amendments to this title (Chapter 19.112);

I.

Application for change of zone classification (Chapter 19.112);

J.

Agricultural preserve inclusion or exclusion requests, agricultural preserve contracts, contract cancellation, and contract amendments;

K.

Adoption and amendment of any general plan, specific plan or specific plan line;

L.

Conditional use permit for native groundwater transport or transfer outside both Kern County and its watersheds (Chapter 19.118).

(Ord. G-6968 § 62, 2003; Ord. G-6551 § 119, 1998: Ord. G-6502 § 3, 1998; Ord. G-6077 § 349, 1994; prior code § 7284.05 (part))

A.

An applicant for a discretionary permit pursuant to this article shall submit an application to the planning director in the format and number of copies specified by the planning director. The application shall contain all the information specified for the application by the applicable section of this title, unless the planning director waives any of the information requirements. The application shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.030 of this title.

B.

The planning director shall inform the applicant in writing within thirty (30) calendar days of receipt that the application is complete or that additional information is needed to complete the application.

C.

Upon acceptance of the application as complete and completion of an environmental document, if required, a public hearing shall be set in accordance with Section 19.102.210 of this chapter.

(Ord. G-6077 § 351, 1994: prior code § 7284.05(A))

A.

When an application has been submitted in accordance with Section 19.102.200 of this chapter, the planning director shall set the application for a public hearing.

B.

At least ten (10) days before the date of any public hearing, the date, time, place of the hearing, identity of the hearing body, and the nature and location of the application shall be given by the following methods:

1.

Publishing such notice once in a newspaper of general circulation;

2.

Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to each member of the board of supervisors, to the owners of all property within five hundred (500) feet of the exterior boundaries of the property which is subject of the application, and to any person who has filed a written request for such notice. In instances where the majority of parcels abutting the project site are one (1) acre or larger in size, owners of all property within one thousand (1,000) feet of the project site shall be provided notice. For the purposes of this notice, property owners shall be the last known name and address of the property owner names on the last assessment roll of the county. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand (1,000), a display advertisement of at least one-eighth (⅛) page in at least one (1) newspaper of general circulation may be published at least ten (10) days prior to the hearing in lieu of mailed or delivered notice;

3.

In lieu of the requirements set forth in subparagraph (1) of this subsection, notice may also be given by posting notices not more than three hundred (300) feet apart along each street upon which the subject property abuts for a distance of not less than three hundred (300) feet in each direction from the exterior limits of the subject property. In instances where the majority of parcels abutting the project site are one (1) acre or larger in size, notice shall be posted not more than three hundred (300) feet apart for a distance of one thousand (1,000) feet in each direction;

4.

The notification for appeals of discretionary decisions by the planning director shall be the same as required for that particular permit application as specified in Section 19.102.090;

5.

Notification requirements for items listed in Subsection 19.102.190(J) shall be as required by the California Land Conservation Act of 1965.

C.

Public Hearing. A public hearing shall be held before the board of supervisors at a time and place in accordance with the public notice. The board of supervisors may establish rules for the conduct of such hearings. Evidence shall be offered or presented, and the name and address of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the presiding officer shall announce the time and place to which the hearing will be continued.

(Ord. G-6967 § 32, 2003; Ord G-6864 § 86, 2002; Ord. G-6412 § 62, 1997: Ord. G-6077 § 352, 1994: Ord. G-4832 § 176, 1988; prior code § 7284.05(B))

A.

The board of supervisors may approve, conditionally approve or deny any application following the close of the public hearing on the matter or within thirty-five (35) days thereafter by resolution. Such decision may include findings in accordance with the provisions of this title. The decision shall be final. An applicant, before a final vote is taken, may request a continuance until such time as all board members are present to vote on the matter.

B.

Written notice of such decision shall be given by mail within seven (7) calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision.

C.

The decision of the board of supervisors shall be final on adoption of an order or resolution containing its determination.

D.

In the event a written request is received to modify conditions of approval subsequent to the approval of a discretionary permit by the board of supervisors, the request shall be considered by that hearing body which is authorized to consider that particular type of discretionary permit.

(Ord. G-4832 § 177, 1988; prior code § 7284.05(C))

There shall be no appeal from a decision by the board of supervisors under this title.

(Prior code § 7284.05(D))