The purpose of this Chapter is to increase efficiency in the processing of applications for entitlements under this Title by establishing consistent and fair procedures to enable the County to make final disposition of inactive applications while providing notification and opportunity to applicants to take the necessary steps to keep their applications active if they so choose.

(Ord. No. 5235, § 5, 4-1-2014)

The provisions of this Chapter are applicable to all types of land use entitlements under this Title, except Chapter 21.77 shall not apply to any application for a combined development permit that includes a subdivision application which was deemed complete prior to the effective date of Ordinance No. 5235 adopting Chapter 21.77.

(Ord. No. 5235, § 5, 4-1-2014)

A.

When an applicant for a discretionary land use entitlement under this Title has not submitted information, documents, or associated land use application fees requested by the County for a period of at least six consecutive months, the County in its discretion may follow the process outlined in this section to determine if the application is inactive.

B.

Courtesy Notice Prior to Deeming an Application Inactive. Prior to deeming an application inactive, the Director of Planning shall mail a courtesy notice providing notice that the application will become inactive within thirty (30) calendar days of the date of mailing of the courtesy notice, unless the applicant takes one of the options outlined in the notice. The courtesy notice shall include the description of the proposed project and the outstanding information required and/or application fees required, if applicable. The courtesy notice, as well as further correspondence from the Director of Planning required by this subsection, shall be mailed to all of the following: the property owner as shown in the latest assessment roll; the applicant (if different from the owner); and the applicant's authorized agent, if any. The courtesy notice shall outline the options available to applicants as set forth in Section 21.77.030.C below.

C.

Options Available to Applicant Following Receipt of Courtesy Notice.

1.

The applicant may withdraw his/her/its application in writing.

2.

The application shall remain in active status if the applicant takes one of the following steps:

a.

The applicant may submit the outstanding information (required information and/or outstanding application fees as identified by the County) within no more than thirty (30) calendar days from the date of mailing of the courtesy notice together with such additional application fees as County may require to reactivation the application.

b.

The applicant may request in writing within thirty (30) calendar days from the date of mailing of the courtesy notice that his/her/its application be kept active. Such written request shall be made to the Director of Planning with a detailed explanation of the reason(s) for the request and the additional time needed to provide the requested information and/or application fees. Such reasons may include by way of example and not by limitation, additional time needed to conduct a required seasonal biological survey or to secure a professional consultant to carry out a required analysis. The Director of Planning shall review the written request and provide the applicant a written determination, approving or denying the request. If the Director of Planning grants the applicant's request, the written determination shall specify the additional time granted.

3.

If a change of ownership of the property that is the subject of the application has occurred between the submittal of the application and the receipt of the courtesy notice, the new owner may reactivate the application only upon payment of such new application fees as identified in the courtesy notice, such update of the application as the County may require, and submittal of such outstanding information as County has identified. Change of ownership means a change of ownership as determined by the County Assessor pursuant to the California Revenue and Taxation Code.

D.

Deeming an Application Inactive. The Director or Planning shall deem an application inactive if the applicant fails to submit the information and/or fees identified in the courtesy letter within the time allotted by that letter, or any extended time granted pursuant to Section 21.77.030.C.2.b, or if the Director of Planning denies a request by applicant pursuant to Section 21.77.030.C.2.b to keep the application active.

E.

Notice of Inactive Application.

1.

After the Director of Planning has deemed an application inactive, the Director of Planning shall provide written notice to the property owner as shown in the latest assessment roll, the applicant (if different from the owner), and the applicant's authorized agent, if any, that the application has been deemed inactive. The notice shall include the description of the proposed project, the outstanding information required and/or application fees required. The notice shall outline the options available to the applicant as set forth in Subsection E.2 below and inform the applicant that if the applicant does not take one of the steps outlined in Subsection E.2 below, the application will be set for hearing with a recommendation of denial.

2.

a.

The applicant may withdraw his/her/its application in writing within one hundred eighty (180) calendar days of the date of mailing of the notice of inactive application; or

b.

The applicant within no more than one hundred eighty (180) calendar days from the date of mailing of the notice of inactive application may submit required information and/or outstanding application fees together with such additional application fees as County may require to reactivate the application.

3.

If after more than one hundred eighty (180) calendar days from the date of mailing of the notice of inactive application the applicant does not withdraw his/her/its application in writing or does not provide the required information and/or application fees, including a reactivation fee, staff will schedule the application for a public hearing by the Appropriate Authority with a recommendation of denial.

F.

Action by Appropriate Authority.

1.

The Appropriate Authority to hear inactive applications shall be the person, official, or body designated by Title 21 of the Monterey County Code to act on the type of permit that is the subject of the application.

2.

Notice of the public hearing on the inactive application shall be given pursuant to the notice requirements applicable to the specific type of land use application (see Chapter 21.70 (Administrative Permits) or Chapter 21.78 (other permit types)).

3.

The Appropriate Authority may deny the inactive application if the Appropriate Authority finds, based on substantial evidence, that the applicant has failed to provide complete or adequate information or failed to provide application fees to process the application.

G.

Appeals. An appeal may be taken from the action of the Appropriate Authority pursuant to Chapter 21.80.

(Ord. No. 5235, § 5, 4-1-2014)