(A)

This chapter lays out the basic roles, responsibilities, and functions of all planning authorities, including the Board of Supervisors, Planning Commission, Zoning Administrator and Planning and Building Services Director.

(B)

Board of Supervisors. The powers and responsibilities of the Board of Supervisors include, but are not limited to the following:

(1)

Consider and adopt, reject, or modify proposed amendments to the General Plan (including the adoption of a new General Plan), Zoning Code, Zoning Map, specific plans, and environmental documents related to any of the foregoing, pursuant to the provisions of the Amendments to the General Plan, Zoning Code, and Zoning Map section in Chapter 20.212.

(2)

Hear and decide appeals from decisions of the Planning Commission pursuant to the provisions of the Appeals section in Chapter 20.208.

(3)

Consider and adopt, reject, or modify development agreements, including environmental documents and any other planning approvals related to the development agreement, following a public hearing and recommended action by the Planning Commission.

(4)

Establish, by resolution, a County fee schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this Division.

(C)

Planning Commission. The powers and responsibilities of the Planning Commission include, but are not limited to the following:

(1)

Approve, modify, or deny parcel maps, tentative maps, use permits, and variances.

(2)

Make recommendations to the Board of Supervisors on proposed amendments to the General Plan, Zoning Code, and Zoning Map, specific plans, and environmental documents related to any of the foregoing.

(3)

Hear and decide appeals from decisions of the Director or the Zoning Administrator.

(4)

Hear and decide proposals to revoke use permits.

(5)

Consider and adopt environmental determinations on any approvals that are subject to environmental review under the California Environmental Quality Act, pursuant to State law, or make recommendations regarding the same when the final approval authority for a project is the Board of Supervisors.

(6)

Make recommendations to the Board of Supervisors on development agreements, including environmental documents and any other planning approvals related to the development agreement.

(7)

Such other powers and responsibilities as assigned or directed by the Board of Supervisors.

(D)

Planning and Building Services Director. The powers and responsibilities of the Planning and Building Services Director ("the Director"), or his/her designee, include, but are not limited to the following:

(1)

Perform all the functions designated by State law, including, but not limited to the following:

(a)

Prepare the annual report related to implementation of the General Plan in compliance with Government Code Section 65400;

(b)

Review of public works projects for conformity to the General Plan in compliance with Government Code Section 65401; and

(c)

Review of acquisition of property for conformity to the General Plan in compliance with Government Code Section 65402.

(2)

Maintain and administer the Zoning Code, including the processing of applications, abatements, and other enforcement actions.

(3)

Clarify or make determinations when ambiguities exist with regard to the meaning of any provision of this Code or their application to a specific parcel or project.

(4)

Prepare rules and procedures necessary for conducting the Director's business. They may include the administrative details of hearings officiated by the Director (e.g., scheduling, rules of procedure, and recordkeeping).

(5)

Issue administrative regulations for the submission and review of applications subject to the requirements of Government Code Section 65950.

(6)

Act as the Zoning Administrator, or designate a different member of the Department to serve as Zoning Administrator, for the purpose of acting on administrative permits pursuant to Chapter 20.192.

(7)

Determine whether a project is subject to review under the California Environmental Quality Act and notify the applicant if any additional information is necessary to conduct the review.

(8)

Make recommendations to the Planning Commission and Board of Supervisors on all applications, appeals, and other matters upon which they have the authority and the responsibility to act under this Division.

(9)

Delegate administrative functions to members of the Department.

(10)

Such other powers and responsibilities as assigned or directed by the Board of Supervisors.

(Ord. No. 4538, § 49(Exh. A), 9-10-2024)

(A)

Public Hearings Required. Public hearings shall be provided as required by the Planning and Zoning Law (Government Code Section 65000 et seq.), including but not limited to the following types of actions:

(1)

Adoption or amendment to the General Plan, pursuant to Government Code Sections 65353 and 65355.

(2)

Adoption or amendment of the Zoning Code or the Zoning Map, pursuant to Government Code Sections 65854 and 65856.

(3)

Variances, conditional use permits or equivalent development permits, any proposed revocation or modification of such permits, or an appeal taken from any approval of such applications pursuant to Government Code Section 65905.

(B)

Notice of public hearings shall be provided consistent with Government Code Section §§ 65090-96, as further specified in this Code, and pursuant to any County procedures adopted pursuant to this Code. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the application. Any hearing may be continued to a specific time, date and place without further public notice.

(C)

Conduct of Public Hearing. A public hearing shall include the following elements identified below.

(1)

The hearing body shall review the application and any pertinent materials submitted with the application, and any report based on County staff's investigation and review of the application.

(2)

During any public hearing, the applicant shall have the right to be represented to provide testimony and to present evidence.

(3)

Members of the public shall have the right to comment on any relevant aspect of the application under consideration.

(4)

Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, deny, or continue the subject of the public hearing.

(5)

If the action is taken to continue the item being considered before adjournment or recess, the person presiding at the public hearing shall either (1) publicly announce the time and place to which the hearing will be continued, in which case no further notice shall be required; or (2) announce that the item is being continued to a date uncertain, in which case the continued hearing date shall be noticed in the same manner and to the same extent as initially noticed.

(6)

The decision of the hearing body shall be considered final unless a decision is appealed. In all cases, the Board of Supervisors shall represent the final approval authority of the County.

(Ord. No. 4538, § 49(Exh. A), 9-10-2024)

This section provides procedures for securing modification or revocation of previously approved permits or approvals.

(A)

Modifications. Modification of a permit or approval may include modifying the terms of the permit or approval itself, including changing or adding to the use of the property, or the waiver, alteration or imposition of new conditions of the operational aspect of the project, including buffers, duration of the permit, hours of operation, noise, landscaping, maintenance, lighting, parking, performance guarantees signs, surfacing, traffic circulation or any other aspect or condition determined to be reasonable and necessary to ensure that the project is operated in a manner consistent with the original findings for approval.

(B)

Application for Modification; County Action. Any person with an approved permit or approval may apply for a modification of that permit or approval, or the County may commence an action to modify a permit or approval, which may be initiated by order of the Director, the Planning Commission or the Board of Supervisors.

(C)

Revocation. The County's action to revoke a permit or approval shall have the effect of terminating the permit or approval and denying the privileges granted by the original permit or approval.

(D)

Process. Modifications shall follow the same procedure in which the permit or approval was originally approved and by the same body which made the approval.

(1)

Hearings Required. The hearing body shall hold a public hearing to modify or revoke a permit or approval in compliance with the provisions of this Division. The hearing shall be conducted as required by this Division.

(2)

Notice of Hearing. Notice of the required public hearing shall be made in compliance with Section 20.190.010. In addition, the County shall provide a notice of intention to revoke or modify a permit or approval to the owner(s) of the subject property as shown on the latest assessment roll and any current occupants of the property not less than ten (10) days before the public hearing at which the revocation will be considered.

(3)

Notice of Decision. Written notice of the action to revoke or modify a permit or approval shall be sent to the applicant, if any, and to the owner of the subject property as shown on the latest assessment roll, any current occupants of the property, or as indicated by more recent information as may be available to the County.

(4)

Appeal. A decision on a permit modification or revocation may be appealed pursuant to Chapter 20.208.

(E)

Grounds for Modification or Revocation. Grounds for modification or revocation include, but are not limited to the following:

(1)

Compliance with any term or condition of the permit or approval has not been achieved or maintained.

(2)

The property or portion thereof subject to the permit or approval is used or maintained in violation of any statute, ordinance, law, or regulation.

(3)

False or erroneous information in the record as to a material matter or significant issue regarding the permit or approval.

(4)

The use for which the permit or approval was granted has been determined to be detrimental to the public health, safety, or welfare and is a nuisance.

(5)

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 or other property within the general area in which the use is located.

(F)

Automatic Revocation. If a permit or approval is granted or modified subject to one (1) or more conditions, such permit or approval shall cease to be valid, and all rights or privileges granted thereby shall lapse, notwithstanding any other provisions of this Division to the contrary, whenever there becomes final any judgment of a court of competent jurisdiction declaring one (1) or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one (1) or more of such conditions.

(Ord. No. 4538, § 49(Exh. A), 9-10-2024)

(A)

Abandonment of Application. The Director may determine that an application has been abandoned due to noncommunication of the applicant of a period of at least one hundred and eighty (180) days. The applicant shall be given notice in writing that the County intends to deem the application abandoned and shall be given an opportunity to provide any missing materials within thirty (30) days of the date of said notice. An abandoned application cannot be reinstated.

(B)

Notice of Abandoned Application. Final notice of an abandoned application shall be mailed to the applicant if no response is received, or if missing materials are not provided. The final notice shall be placed in the application file.

(C)

Application Fees Refunded. Any funds paid or deposited and not used at the time the application is deemed abandoned shall be refunded to the applicant, upon written request of the applicant submitted within thirty (30) days of the official abandonment date.

(Ord. No. 4538, § 49(Exh. A), 9-10-2024)

(A)

Application Forms and Materials.

(1)

Application Forms. The Director shall prepare, approve and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Division.

(2)

Application to be signed by the owner of the property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof of the right to use and possess the property as applied for, satisfactory to the Director, shall accompany the application.

(3)

Supporting Materials. The Director may require the submission of supporting materials as part of the application, including but not limited to: statements, photographs, plans, drawings, renderings, models, staking and flagging, material samples, and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).

(4)

Availability of Materials. All submitted material becomes the property of the County, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine application materials in support of or in opposition at the Planning and Building Services Department offices. Unless prohibited by law or superseded by specific permit confidentiality requirements, copies of such materials shall be made available at a reasonable cost.

(5)

Indemnification. Applicants shall be required to agree to indemnify the County as specified in County Code Section 1.04.120 Indemnification and Hold Harmless for Land Use Approvals.

(B)

Multiple Applications; Concurrent Processing. Multiple applications for the same project may be processed concurrently. Each application shall be reviewed and approved or denied by the entity designated by this Division. In the case of concurrent applications which require review and approval by a lower authority and a higher authority (e.g., Planning Commission and Board of Supervisors), the lower authority would serve as the recommending body to the higher decision-making body.

(C)

Application Fees.

(1)

Fee Schedule. The Board of Supervisors shall approve by resolution a Fee Schedule that establishes fees or deposits for permits, procedures for processing fees or deposits, informational materials, penalties, copying, and other such items.

(2)

Fee Payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid.

(3)

Refund of Fees. Application fees which have not been used to account for staff time reviewing the application are refundable prior to action being taken. Once action has been taken fees are non-refundable, unless otherwise provided for in the Mendocino County Code or by policy of the County.

(Ord. No. 4538, § 49(Exh. A), 9-10-2024)

(A)

Initial Completeness Review. The Director shall determine whether an application is complete within thirty (30) days of the date the application is filed and the required fee received, whichever is later, except for legislative acts (zoning amendments, Specific Plans, etc.) or where this time limit is superseded by state law.

(B)

Incomplete Application. If an application is deemed incomplete, the Director or their designee shall provide written notification to the applicant listing the application(s), forms, information, and any additional fees that are necessary to complete the application.

(C)

Appeal of Determination. Determinations of incompleteness are subject to the provisions Chapter 20.208 (Appeals).

(Ord. No. 4538, § 49(Exh. A), 9-10-2024)