Variances from the terms of any regulation established by the zoning plan may be approved as set forth in this chapter.

A.

An application for a variance shall be made to the planning department on a form prescribed by the director of resource management, and shall be accompanied by a statement, plans or other evidence showing:

1.

There are special circumstances applicable to the applicant's property, including size, shape, topography, location or surroundings, and as a consequence of these circumstances, the strict application of the zoning regulations deprives the property of privileges enjoyed by other property in the vicinity and in the same zone district; and

2.

The variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; and

3.

The variance will not, under the circumstances of the particular case, adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

B.

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the planning department. Failure of any applicant to respond, within thirty days of mailing, to any notice that his application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the variance application, and no further action shall be taken upon it.

C.

All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the board of supervisors.

D.

All applications shall be reviewed by county staff. The report of county staff, including any recommended conditions of approval, shall be forwarded to the planning commission prior to the hearing on the application.

E.

The planning commission shall hold a public hearing on each application after the application is accepted as complete. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail, as required by Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the application. The board of supervisors may, by resolution, provide for additional notice. Any hearing may be continued to a specific time, date and place without further public notice.

F.

The planning commission may approve, conditionally approve or deny approval of the application by resolution. A resolution approving a variance application shall clearly describe the variance, set forth all conditions of approval, and identify which conditions, if any, must be met prior to use of the variance. No variance shall be granted unless findings of fact are made that all of the criteria in subsection A of this section apply. The planning commission may require security it deems reasonably necessary to insure compliance with any conditions imposed.

G.

The granting of any variance may be conditioned upon the dedication of land or the posting of a bond to guarantee the in-stallation of public improvements, provided the dedication or public improvements are reasonably related to the use for which the variance is granted. No variance shall be granted unless conditions are imposed that assure that the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which the subject property is located. No variance shall be granted which authorizes a use or activity which is not expressly authorized by the zone district regulations. Every variance granted under this section is revocable.

H.

After the time for filing an appeal has expired, or if an appeal is timely filed, after the decision on the appeal, the director of resource management shall mail or deliver to the applicant or his agent a copy of the executed resolution on the decision. A resolution approving or affirming the approval of or reversing the disapproval of a variance application shall permit the applicant to vary from the applicable zoning regulations to the extent authorized in the resolution, provided any precedent conditions imposed under subsection F of this section or on appeal have first been met.

I.

No building permit or mobile home installation permit for which a variance is required shall be issued until the time to appeal approval of the variance has expired, or in case of appeal, until the approval has been affirmed or the disapproval has been reversed by the board of supervisors.

(Ord. 95-3 § 96, 1995; prior code § 5.05.010)

Except for use permits for high voltage electrical transmission and distribution projects, use permits may be approved as set forth in this section for any of the uses or purposes for which use permits are required by this title.

A.

An application for a use permit shall be made in writing on a form prescribed by the director of resource management, and shall be accompanied by a clear and concise description of the use and accompanying activites, and shall contain plans or maps showing the details of the proposed use, building or facilities.

B.

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the planning department. Failure of any applicant to respond, within thirty days of mailing, to any notice that his application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the use permit application and no further action shall be taken upon it.

C.

All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the board of supervisors.

D.

All applications shall be reviewed by county staff. The report of county staff, including any recommended conditions of approval, shall be forwarded to the planning commission prior to the hearing on the application.

E.

The planning commission shall hold a public hearing on each application after the application is accepted as complete. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail, as required by Government Code Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the application. The board of supervisors may, by resolution, provide for any additional notice. Any hearing may be continued to a specific time, date and place without further public notice.

F.

Except as provided in subsection (G) of this section, the planning commission may approve, conditionally approve or deny approval of the application by resolution. A resolution approving a use permit application shall clearly describe the uses permitted, set forth all conditions of approval, and identify which conditions, if any, must be met prior to use of the use permit. No use permit shall be granted unless findings of fact are made that the establishment, maintenance or operation of the use, building or facilities applied for will not, under the circumstances of the particular use, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the county; provided, if any proposed use, building or facility is necessary for the public health, safety or general welfare, the findings shall so state. The planning commission may require security it deems reasonably necessary to ensure compliance with any conditions imposed.

G.

Where a use permit approval requires or is accompanied by an application to amend the zoning plan or the general plan, (1) the planning commission shall render its decision in the form of a written resolution, which shall include a recommendation to the board of supervisors for action on the application, the reasons for the recommendation, and the relationship of the application to the general plan and any applicable specific plan. A recommendation to approve a use permit application shall clearly describe the uses permitted, set forth all conditions of approval, and identify which conditions, if any, must be met prior to use of the use permit; (2) The Director of Resource Management shall cause a report of the Planning Commission's action to be filed with the Clerk of the Board within ten working days after the Planning Commission's decision; (3) Upon receipt of the report of the Planning Commission's action, the board of supervisors shall set the matter for public hearing before it and shall consider the use permit application along with the proposed amendment(s) to the zoning plan or the general plan in accordance with Section 17.92.080. The board of supervisors may continue any hearing to a specific time, date, and place without further public notice; (4) The board of supervisors shall conduct a "de novo" review of the Planning Commission's decision and shall review the report of the Planning Commission's action and any additional relevant information that may have been received at the hearing before the board of supervisors; (5) The board of supervisors may, in its discretion, refer any application back to the Planning Commission for further review and report. The Board may also, in its discretion, approve, disapprove, or modify, wholly or partly, any recommendation of the Planning Commission. The board of supervisors may also impose additional conditions.

H.

The granting of any use permit may be conditioned upon the dedication of land or the posting of a bond to guarantee the installation of public improvements, provided the dedication or public improvements are reasonably related to the use for which the use permit is granted. Every use permit granted under this section is revocable. Any use permit granted under this section may be limited by the B.A.R. or planning commission to a term set when the use permit is granted. The establishment, maintenance or operation of any use under this section shall cease at the end of the term, if any, of the use permit. No use permit granted under this section may be renewed, but a new use permit may be granted upon terms and conditions appropriate at the time of such grant.

I.

After the time for filing an appeal has expired, or if an appeal is timely filed, after the decision on the appeal, the director of resource management shall mail or deliver to the applicant or his agent a copy of the executed resolution on the decision. A resolution approving or affirming the approval of or reversing the disapproval of a use permit application shall constitute the use permit and shall permit the applicant to engage in the use or undertake the activity described, provided any precedent conditions imposed under subsection E of this section or on appeal have first been met.

J.

No building permit or mobile home installation permit for which a use permit is required shall be issued until the time to appeal approval of the use permit has expired, or in case of appeal, until the approval has been affirmed or the disapproval has been reversed by the board of supervisors.

K.

Any use permit, including the term of the permit and conditions of approval, may be amended upon a showing of good cause by any interested party or by the planning commission on its own motion. The provisions of subsections A through F of this section shall apply to any amendments proposed by an interested person. The provisions of subsections C through F of this section shall apply to any amendment initiated by the planning commission.

(Ord. 95-3 § 97, 1995; prior code § 5.05.020)

(Ord. No. 2010-03, § IV, 8-3-2010; Ord. No. 2018-01, § 30, 7-17-2018)

Use permits for High Voltage Electrical Transmission and Distribution Projects may be approved as set forth in this section.

A.

An application for a use permit for a High Voltage Electrical Transmission and Distribution Project shall be made in writing on a form prescribed by the Director of Resource Management. At a minimum, each application for a use permit for a High Voltage Electrical Transmission and Distribution Project shall include the following:

1.

A completed application form and filing fee.

2.

A narrative explanation of the route of the proposed project along with a description of the location, comparative availability, and advantages and disadvantages of a reasonable range of alternatives to the proposed project, including alternatives that use or expand existing rights-of-way.

3.

A clear and concise description of the High Voltage Electrical Transmission and Distribution Project and accompanying activities, with plans and maps at appropriate scale showing the details of the proposed project, building, or facilities, tower design and appearance, heights, and alternative routes.

4.

A photo simulation of the proposed project and each alternative from at least six locations along its route in the county. Each location shall include simulated views of project facilities from four directions (north, south, east, and west).

5.

For the proposed project and each alternative, all of the following:

a.

Estimated cost, including construction, land acquisition, and other development costs;

b.

A description of the type of vegetation and soils that would be removed or impacted by construction;

c.

A map showing the number, types, uses, and distances of buildings, public and private airports, dedicated open space, and parklands located within a 1,000 foot distance of project infrastructure;

d.

An analysis of the audible noise and lighting impacts of the proposal, together with any other studies reasonably necessary for the County to perform its duties as a lead or responsible agency in connection with the environmental review of the project;

e.

An analysis of the potential adverse human health effects of the project on those present in residential areas, schools, licensed daycare facilities, playgrounds, and other developed areas in reasonable proximity to the project. The analysis shall use the best available scientific information at the time it is conducted; and

f.

An analysis of potential economic impacts on agriculture, timber production, and related support industries. The Director of Resource Management may also require an analysis of potential economic impacts on other matters relevant to the review criteria set forth below, including potential economic impacts on other industries, on County and special district revenues, on local tourism and economic development efforts, and on other similar matters.

B.

Within 30 days of filing an application for a use permit in connection with a High Voltage Electrical Transmission and Distribution Project, the applicant shall provide the Planning Division with copies of all applications for state, federal, and other permits, certificates, authorizations, and licenses in connection with the proposed project. Promptly following the issuance of any state or federal permits, certificates, authorizations or licenses, biological opinions, records of decision, memoranda of understanding, exemptions, variances, or similar authorizations or approvals related to the proposed project, the applicant shall provide copies of those documents to the Planning Division.

C.

No application shall be accepted as complete unless and until all fees, the application form, and related information are filed with and accepted by the Planning Division. Failure of any applicant to respond, within thirty days of mailing, to any notice that the application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the use permit application and no further action shall be taken upon it.

D.

For all High Voltage Electrical Transmission and Distribution Projects that traverse a portion of the County and whose impacts, in the determination of the Director of Resource Management, are not likely to be isolated to a small geographic area within the County, the Director of Resource Management may require the applicant to present the application to interested members of the public at one or more public meetings arranged by the applicant at a location convenient for interested members of the public. Such meetings shall be in addition to any hearings on the permit application held by the Planning Commission or the Board of Supervisors, and in addition to any meetings of local general plan advisory committees to which the application is referred. The applicant shall also, if requested by the Director of Resource Management, develop a public outreach program to be approved by the Director of Resource Management that includes such meeting(s) and any similar public outreach efforts to be undertaken by the applicant. If any portion of the proposed project is located within a planning area designated in a city general plan, the outreach program shall also include one or more meetings in that city.

E.

All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the Board of Supervisors.

F.

All applications shall be reviewed by County staff. The report of County staff, including any recommended conditions of approval, shall be forwarded to the Planning Commission prior to the hearing on the application.

G.

The purpose of this subsection is to establish criteria for High Voltage Electrical Transmission and Distribution Projects in the unincorporated area of the County, and shall apply to all such projects, including, but not limited to, projects submitted by municipal utility districts pursuant to Public Utilities Code Section 12808.5. High Voltage Electrical Transmission and Distribution Projects may only be approved or conditionally approved if all of the following findings are made based on substantial evidence in the record:

1.

The proposed project is consistent with the General Plan and any applicable specific plan(s);

2.

There is a demonstrated need for the proposed project;

3.

The project, including route and facilities location and equipment appearance and design, is justified when compared with alternatives, and there are no feasible alternatives that would substantially reduce the adverse effects of the project as proposed; and

4.

The proposed project will not, under the circumstances of the particular project, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the County; provided, if the proposed project is necessary for the public health, safety, or general welfare, the findings shall so state.

For purposes of this subsection, the term "demonstrated need" means that the applicant has shown that the project is necessary to promote the public health, safety, welfare, and convenience; the term "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

H.

The Planning Commission shall hold a public hearing on each application after the application is accepted as complete. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail, as required by Government Code Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the application. Any hearing may be continued. If a hearing is continued to a specific time, date, and place, no further notice of the hearing is required, unless the Director of Resource Management determines otherwise. Additional notice of any application may be given if the Director of Resource Management deems it necessary or desirable, and shall be given if the Board of Supervisors so directs.

I.

After the hearing, the Planning Commission shall render its decision, in the form of a written resolution, which shall include a recommendation to the Board of Supervisors for action on the application, the reasons for the recommendation, and the relationship of the application to the general plan and any applicable specific plan. A recommendation to approve a use permit application shall clearly describe the uses permitted, set forth all conditions of approval, and identify which conditions, if any, must be met prior to use of the use permit. A recommendation to approve a use permit shall also include findings of fact as required by subsection G of this Section. The Planning Commission may also recommend that security be required if it deems reasonably necessary to ensure compliance with any conditions imposed.

J.

The Planning Commission may recommend that the use permit be conditioned upon the dedication of land or the posting of a bond to guarantee the installation of public improvements or the reclamation of lands disturbed by project-related construction, provided the dedication or public improvements are reasonably related to the use for which the use permit is recommended by the Planning Commission to be approved.

K.

The Director of Resource Management shall cause a report of the Planning Commission's actions to be filed with the Clerk of the Board within ten working days after the Planning Commission's decision.

L.

Upon receipt of the report of the Planning Commission's actions, the Board of Supervisors shall set the matter for public hearing before it. The notice provisions of subsection H of this Section apply to hearings held under this subsection. The Board of Supervisors may continue any hearing to a specific time, date, and place without further public notice.

M.

The Board of Supervisors shall conduct a "de novo" review of the Planning Commission's decision and shall review the report of the Planning Commission's action and any additional relevant information that may have been received at the hearing before the Board of Supervisors.

N.

The Board of Supervisors may, in its discretion, refer any application back to the Planning Commission for further review and report. The Board may also, in its discretion, approve, disapprove, or modify, wholly or partly, any recommendation of the Planning Commission. The Board of Supervisors may also impose additional conditions consistent with the provisions of subsections G through J of this Section.

O.

No use permit shall be granted until findings of fact are made as required by subsection G of this Section. Whenever the evidence before the Board supports any findings or determination which prohibits approval under subsection G of this Section, the Board shall not affirm the approval or reverse the disapproval of a use permit unless appropriate conditions sufficient to overcome such findings are included in the decision.

P.

The action of the Board of Supervisors shall be final. Section 17.92.030, concerning appeals, shall not apply to the Board's actions.

Q.

Every use permit granted under this Section is revocable pursuant to section 17.92.040. Any use permit granted under this Section may be limited to a term set when the use permit is granted. The establishment, maintenance, or operation of any use under this Section shall cease at the end of the term, if any, of the use permit. No use permit granted under this Section may be renewed, but a new use permit may be granted upon terms and conditions appropriate at the time of such grant.

R.

After the decision by the Board of Supervisors, the Director of Resource Management shall mail or deliver to the applicant or his agent a copy of the executed resolution on the decision. A resolution by the Board of Supervisors approving a use permit application shall constitute the use permit and shall permit the applicant to engage in the use or undertake the activity described, provided any precedent conditions imposed pursuant to this Section have first been met.

S.

No building permit or mobile home installation permit for which a use permit is required shall be issued until the Board of Supervisors has adopted a resolution approving the use permit application, provided any precedent conditions imposed pursuant to this Section have first been met.

T.

The project applicant shall reimburse all County costs associated with reviewing an application for a High Voltage Electrical Transmission and Distribution Project. In addition, if the County is required to review a proposed transmission corridor zone pursuant to the provisions of Chapter 4.3 of Division 15 of the California Resources Code Section 25330 or other provisions of law, such costs shall also be reimbursed by the project applicant.

U.

Any use permit, including the term of the permit and conditions of approval, may be amended upon a showing of good cause by any interested party or by the Board of Supervisors on its own initiative. The provisions of subsections A through T of this Section shall apply to any amendments proposed by an interested person. The provisions of subsections E through T of this Section shall apply to any amendment initiated by the Board of Supervisors.

(Ord. No. 2010-3, § V, 8-3-2010)

As provided in this section, upon application by the permit holder, an approved use permit or its conditions of approval, may be modified if the approving agency finds there are changes in circumstances that justify the modifications.

A.

Minor modification. A minor modification to an approved use permit may be approved by the Director if the proposed modification meets all of the following criteria:

1.

The modification complies with all existing conditions of approval and does not trigger the need for any new or amended conditions of approval.

2.

Any separate approvals or permits, such as a building permit, grading permit or encroachment permit are obtained.

3.

The modification is compatible with existing approved uses and reasonably fits within the scope and scale of the approved use(s).

4.

The modification does not introduce new, unanalyzed environmental effects (dust, noise, light, traffic, etc.) or would be of greater land use intensity than the approved use(s).

5.

The modification does not add to the existing overall floor area of approved structures, through additions or new structures, by more than fifteen (15) percent.

6.

Any added new uses to an existing Use Permit are allowed by right in the zone district, and the new uses are compatible with the existing approved uses and can be accommodated on the site in accordance with Section 17.94.040.

Exceptions to the listed criteria may be approved by the Director with a recommendation from the staff planner and the planning manager. Any decision of the Director may be appealed to the Planning Commission in accordance with Section 17.92.050(G).

B.

Amendment. An amendment to an approved use permit shall be required and referred to the approving agency (Planning Commission or Board of Supervisors, as applicable) if any of the following apply:

1.

The proposed changes would not comply with one or more of the existing conditions of approval, or triggers the need for new or revised conditions of approval.

2.

The proposed changes would introduce new, unanalyzed environmental effects (dust, noise, light, traffic, etc.) or would be of greater land use intensity than the approved use(s).

3.

The proposed changes would add new uses that otherwise require a zone permit, administrative permit or use permit in the particular zone district.

A use permit amendment shall be processed in the same manner as a use permit in accordance with Sections 17.92.020 through 17.92.040 inclusive, but the hearing before the approving agency shall be confined to consideration of and action on the proposed modifications or amendment and related conditions of approval as may be appropriate.

(Ord. No. 2010-03, § V, 8-3-2010; Ord. No. 2018-01, § 30, 7-17-2018)

A.

Any interested person may appeal a decision of the planning commission to approve, conditionally approve or deny an application for a variance or use permit, or to amend or add conditions, or to revoke a variance or use permit by filing a notice of appeal with the clerk of the board of supervisors (clerk) within five calendar days of the decision. The notice of appeal shall identify, by application number, the variance or use permit which is the subject of the appeal; shall state the action, finding or determination, and the date thereof, from which the appeal is taken; and shall specifically set forth the grounds upon which the appeal is based. No appeal shall be deemed to be filed unless any required fee is submitted to the clerk with the notice of appeal.

B.

The clerk shall furnish copies of the notice of appeal to each county supervisor, the director of resource management, director of public works, health officer, county counsel and the applicant, permittee or holder of the affected variance or use permit.

C.

The board of supervisors shall set the matter for public hearing and the clerk shall give notice of the hearing in the same manner as notice of the hearing before the planning commission was given. The clerk shall notify the appellant and all persons to whom the notice of appeal is to be furnished of the date, time and place of the hearing. Unless specifically authorized by the board, any hearing shall be limited to the grounds specifically stated in the notice of appeal.

D.

The record on appeal shall consist of a copy of the application and all related documents; the environmental assessment, including any environmental impact report, if one has been prepared; the county staff report and recommendations; the minutes of the hearing before the planning commission, including a fair summary of all testimony received; and all other documentary, pictorial or other physical evidence received at the hearing.

E.

The board of supervisors shall review the record on appeal and any additional relevant information which may have been received at the hearing before it to determine whether the planning commission exceeded its authority, whether there was a fair hearing before it or whether it abused its discretion to the prejudice of the appellant. Whenever the evidence before the board supports any findings or determination which prohibits approval under Sections 17.92.010 (F) or 17.92.020 (F), the board shall not affirm the approval or reverse the disapproval of a variance or use permit unless appropriate conditions sufficient to overcome all such findings are included in the decision. The board may continue any hearing to a specific time, date and place without further public notice. The board may, in its discretion, refer any application back to the planning commission for further review and report. The board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, determination or condition appealed. The action of the board shall be final.

(Ord. 95-3 § 98, 1995; prior code § 5.05.030)

A.

Whenever the director of resource management determines that one or more grounds exist for revocation of a variance or use permit, the planning commission may set the matter for hearing before it by resolution of intention to revoke the variance or use permit. The holder of the variance or the permittee shall be given notice by mail of the time and place of the hearing at least ten days prior to the hearing.

B.

Grounds for revocation include, but are not limited to:

1.

Noncompliance with conditions of approval;

2.

Violation of any law in connection with the variance or use;

3.

Expansion of the use or variance without a new variance or use permit or amendment to the existing variance or use permit;

4.

Exercising the variance or conducting the use in a manner that threatens or is injurious to public health or safety or constitutes a nuisance;

5.

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

C.

The Planning Commission may revoke or decline to revoke the variance or use permit. In lieu of revocation, the Planning Commission may amend existing conditions of approval or impose additional conditions as appropriate. A decision by the Planning Commission concerning a use permit for a High Voltage Electrical Transmission and Distribution Project shall be in the form of a recommendation to the board of supervisors, which shall be subject to Sections (K) through (U) inclusive, of Section 17.92.025.

D.

Every variance or use permit expires and is null and void without further action by the county if the activity or the use for which the variance or use permit was granted has not been actively and substantially commenced within two years of the date of its approval, or the date the approval was affirmed or the disapproval was reversed on appeal. The director of resource management has the authority to declare, based on length of time and operation of law, the variance or use permit abandoned, and, therefore, null and void.

E.

A variance or use permit may be extended as follows:

1.

Except for use permits for High Voltage Electrical Transmission and Distribution Projects, the Planning Commission may extend the time for commencement of the use or activity when the variance or use permit is approved, or during the two years following approval or affirmation of approval of the variance or use permit, if an application for an extension of time is made to the Planning Division prior to expiration of the variance or use permit. The decision on an application for an extension of time is ministerial and a public hearing on the application is not required. An extension of time shall be approved if the permittee shows reasonable cause for the extension. Reasonable cause exists if the applicant shows that circumstances beyond his control have prevented him from taking sufficient action. The decision on an application may be appealed to the board of supervisors under the provisions of Section 17.92.030, but a public hearing is not required on the appeal.

2.

As for use permits for High Voltage Electrical Transmission and Distribution Projects, the Planning Commission may recommend that the board of supervisors extend the time for commencement of the use or activity when the use permit is approved, or during the two years following approval or affirmation of approval of the use permit, if an application for an extension of time is made to the Planning Division prior to expiration of the use permit. The Planning Commission's recommendation on an application for an extension of time is ministerial and a public hearing on the application is not required. The decision by the Planning Commission concerning a use permit for a High Voltage Electrical Transmission and Distribution Project shall be in the form of a recommendation to the board of supervisors, which shall be subject to Sections (K) through (U) inclusive, of Section 17.92.025, but a public hearing is not required. An extension of time shall be approved if the permittee shows reasonable cause for the extension. Reasonable cause exists if the applicant shows that circumstances beyond his control have prevented him from taking sufficient action.

F.

The time limitations imposed under subsections D and E of this section shall not include any period during which litigation is actively pursued challenging the validity of the approval of a variance or use permit.

G.

The holder of a variance or use permit may surrender it to the planning department at any time and thereafter shall cease to engage in, operate or maintain the use. (Ord. 95-3 § 99, 1995; prior code § 5.05.040)

(Ord. No. 2010-03, § VI, 8-3-2010)

An administrative permit may be approved for any of the uses for which administrative permits are required by this division, as set forth herein.

A.

An application for an administrative permit shall be made in writing on a form prescribed by the director of resource management, and shall be accompanied by the following:

1.

A clear and concise description of the use and accompanying activities;

2.

Plans, maps or other documents showing the details of the proposed use, buildings or facilities; and

3.

Information demonstrating compliance with the criteria applicable to the proposed use.

B.

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the planning department. Failure of any applicant to respond, within thirty days of mailing, to any notice that the application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the administrative permit application and no further action shall be taken upon it.

C.

All applications shall be reviewed by county staff. The report of county staff, including any recommended conditions of approval, shall be forwarded to the director of resource management prior to the director's decision on the application.

D.

The director of resource management shall consider approval of the application after the application is accepted as complete.

1.

If the director determines that the proposed use appears to meet all criteria applicable to the proposed use, the director shall provide notice of the proposed approval. The notice shall include a general explanation of the matter being considered, a general description of the area to be affected, and a deadline for submitting written comments on the application. The notice shall be given by publication, as required by Government Code Section 65090, and by mail, as required by Government Code Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the application. The board of supervisors may, by resolution, provide for additional notice. The director shall consider any comments received in determining whether all applicable criteria are met.

2.

If the director of resource management determines that the proposed use does not meet all criteria applicable to the proposed use, the director shall deny the application.

3.

The director of resource management may refer any administrative permit proposal to the planning commission for a decision when it is determined that the nature of the project, or the existence of a policy question, requires such referral. If a decision to approve or deny the permit application requires the exercise of substantial discretion, then the application shall be referred to the planning commission for a decision following a noticed public hearing. The planning division may require the payment of an additional fee to cover the cost of such referral, as established by the board of supervisors.

E.

The granting of any administrative permit may be conditioned upon the dedication of land or the posting of a bond to guarantee the installation of public improvements, provided the dedication or public improvements are reasonably related to the use for which the administrative permit is granted.

F.

Any administrative permit granted under this section may be limited to a term set when the administrative permit is granted. The establishment, maintenance or operation of any use under this section shall cease at the end of the term, if any, of the administrative permit. No administrative permit granted under this section may be renewed, but a new administrative permit may be granted upon terms and conditions appropriate at the time of such grant.

G.

Any interested person may appeal the decision of the director of resource management to the planning commission. The decision of the planning commission may be appealed to the board of supervisors. Such appeals shall follow the same procedures applicable to variance and use permit appeals.

H.

Every administrative permit issued under this section is revocable. Whenever the director of resource management determines that one or more grounds exist for revocation of an administrative permit, the planning commission may set the matter for hearing before it by resolution of intention to revoke the administrative permit. The provisions of this title governing the revocation and abandonment of variances and use permits and all references to use permits in those provisions shall be deemed to be references to administrative permits.

I.

Every administrative permit expires and is automatically null and void without further action by the county if the activity or use for which the administrative permit was granted has not been actively and substantially commenced within two years of the date of its approval, or the date the approval was affirmed or the disapproval was reversed on appeal.

J.

The director of resource management may extend the time for commencement of the use or activity when the administrative permit is approved, or during the two years following approval or affirmation of approval of the administrative permit, if an application for an extension of time is made to the planning department prior to expiration of the administrative permit. The decision on an application for an extension of time is ministerial and a public hearing on the application is not required. An extension of time shall be approved if the permittee shows reasonable cause for the extension. Reasonable cause exists if the applicant shows that circumstances beyond his control have prevented him from taking sufficient action. The decision on an application may be appealed to the planning commission under the provisions of Section 17.92.030, but a public hearing is not required on the appeal.

K.

The time limitations imposed under subsections I and J of this section shall not include any period during which litigation is actively pursued challenging the validity of the approval of an administrative permit.

L.

The holder of an administrative permit may surrender it to the planning department at any time and thereafter shall cease to engage in, operate or maintain the use.

M.

For the purposes of this section, the terms "director of resource management" and "director" shall mean the director of resource management or designees.

(Ord. 95-3 § 100, 1995; prior code § 5.05.050)

A zoning permit may be approved for any of the uses for which zoning permits are required by this division, as set forth herein.

A.

An application for a zoning permit shall be made in writing on a form prescribed by the director of resource management, and shall be accompanied by the following:

1.

A clear and concise description of the use and accompanying activities;

2.

Plans, maps and other documents showing the details of the proposed use, building, or facilities;

3.

Information demonstrating compliance with the criteria applicable to the proposed use;

4.

A statement signed by the property owner, and applicant if different than the property owner, acknowledging any criteria and limitations applicable to the proposed use, and agreeing to abide by said criteria and limitations.

B.

No application shall be accepted unless and until all fees, the application form and related information are received by the planning division.

C.

The director of resource management shall consider approval of the application after the application is accepted. The decision on the application is ministerial and public notice is not required.

1.

If the director of resource management determines that the proposed use appears to meet all criteria applicable to the proposed use, the director shall approve the zoning permit.

2.

If the director of resource management determines that the proposed use does not meet all criteria applicable to the proposed use, the director shall deny the application.

3.

The director of resource management may refer any zoning permit proposal to the planning commission for a decision when it is determined that the nature of the project, or the existence of a policy question, requires such referral. If a decision to approve or deny the permit application requires the exercise of substantial discretion, then the application shall be referred to the planning commission for a decision following a noticed public hearing. The planning division may require the payment of an additional fee to cover the cost of such referral, as established by the board of supervisors.

D.

If the director of resource management denies the zoning permit, the owner or applicant may appeal to the planning commission. If the planning commission denies the zoning permit, the owner or applicant may appeal to the board of supervisors. Such appeals shall follow the same procedures applicable to variance and use permit appeals.

E.

Every zoning permit issued under this section is revocable. Whenever the director of resource management determines that one or more grounds exist for revocation of a zoning permit, the planning commission may set the matter for hearing before it by resolution of intention to revoke the zoning permit. The provisions of this title governing the revocation and abandonment of variances and use permits and all references to use permits in those provisions shall be deemed to be references to zoning permits.

F.

Every zoning permit expires and is automatically null and void without further action by the county if the activity or use for which the zoning permit was granted has not been actively and substantially commenced within two years of the date of its approval.

G.

The director of resource management may extend the time for commencement of the use or activity during the two years following approval of the zoning permit, if an application for an extension of time is made to the planning division prior to the expiration of the zoning permit. The decision on the application for an extension of time is ministerial and public notice is not required. An extension of time shall be approved if the permittee shows reasonable cause for the extension. Reasonable cause exists if the applicant shows that circumstances beyond his control have prevented him from taking sufficient action. A decision to deny the extension of time application may be appealed by the permittee to the planning commission under the provisions of Section 17.92.030, but a public hearing is not required on the appeal.

H.

The time limitations imposed under subsections F and G of this section shall not include any period during which litigation is actively pursued challenging the validity of the approval of a zoning permit.

I.

The holder of a zoning permit may surrender it to the planning division at any time and thereafter shall cease to engage in, operate or maintain the use.

J.

For the purposes of this section, the terms "director of resource management" and "director" shall mean the director of resource management or designees.

(Ord. 95-3 § 101, 1995)

A.

Plan lines (i.e., future road width lines) shall be established in order to do the following:

1.

Reduce damage to property values resulting from inadequate provisions for traffic thoroughfares;

2.

Promote the public welfare and convenience;

3.

Serve as a guide for the development of streets and highways;

4.

Provide a guide for capital outlay of street and highway improvements to the county;

5.

Provide a source of information for residents and developers in the county.

B.

Plan lines shall be initiated by adoption of a resolution of intention by the board of supervisors or planning commission.

C.

Plan lines shall be designated on maps that show all property lines and buildings within and adjacent to the project area, and shall show all existing and proposed right-of-way widths, as well as a cross section of the proposed road. Plan lines shall define or show the land areas required for future streets, street extensions, realignments or street widening by lines dimensioned from existing right-of-way lines, actual or established street centerlines, or by ties to existing monuments, property lines or corners.

D.

All proposed plan line maps shall be reviewed pursuant to and for compliance with the California Environmental Quality Act under procedures established by the board of supervisors. The planning department shall prepare an analysis of the consistency or inconsistency of the proposed plan line with the general plan. The planning department shall also prepare an analysis of the effect of the proposed plan line on any specific plan applicable to the real property to which the plan line is proposed to apply.

E.

The planning commission shall hold a public hearing on each plan line initiated under this section. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail, as prescribed by Government Code Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the proposed plan line. Any hearing may be continued. If a hearing is continued to a specific time, date and place, no further notice of the hearing is required, unless the director of resource management determines otherwise.

F.

Additional notice of any plan line map may be given if the director of resource management deems it necessary or desirable, and shall be given if the board of supervisors so directs.

G.

After the hearing, the planning commission shall render its decision in the form of a written resolution which shall include a recommendation to the board of supervisors for action on the proposed plan line maps, the reasons for the recommendation, and the relationship of the proposed plan line maps to the general plan and any applicable specific plan. The director of resource management shall cause a copy of the resolution to be filed with the clerk of the board within ten working days after its adoption.

H.

Following the planning commission's recommendation on a plan line map, the board of supervisors shall set the matter for a public hearing before it. After the conclusion of the public hearing, the board of supervisors may adopt the proposed plan line map or any part thereof, in such a form or with such modifications as the board of supervisors may deem to be appropriate.

I.

No building or structure shall be erected, constructed, altered, replaced or added to within adopted plan lines. Where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this section may result from the strict application of this section, variances may be granted, as provided in Section 17.92.010.

(Prior code § 5.05.070)

A.

The regulations of any zone district established pursuant to this title or the uncodified provisions of Ordinance 378 may be amended by changing the boundaries of districts, reclassifying land from one district to another district or districts or combinations thereof, or by changing any other provisions thereof whenever the amendments would further the public necessity, convenience and general welfare.

B.

An amendment is initiated by the board of supervisors or the planning commission by adoption of a resolution of intention to make the amendment or by an application for amendment made in writing on a form prescribed by the director of resource management. An application shall be accompanied by statements, plans or maps required to show the necessity for and scope of the proposed amendment as may be prescribed by the director of resource management.

C.

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the planning department. Failure of any applicant to respond, within thirty days of mailing, to any notice that the application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the amendment application, and no further action shall be taken upon it.

D.

All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the board of supervisors.

E.

All applications shall be reviewed by county staff. The report of county staff shall be forwarded to the planning commission prior to the hearing on the application.

F.

The planning department shall prepare an analysis of the consistency or inconsistency of the proposed amendment with the general plan, and any applicable specific plan.

G.

The planning commission shall hold a public hearing on each proposed amendment. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail, as required by Government Code Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the proposed amendment. Any hearing may be continued. If a hearing is continued to a specific time, date and place, no further notice of the hearing is required, unless the director of resource management determines otherwise. Additional notice of any amendment may be given if the director of resource management deems it necessary or desirable, and shall be given if the board of supervisors so directs.

H.

After the hearing, the planning commission shall render its decision, in the form of a written resolution, which shall include a recommendation to the board of supervisors for action on the proposed amendment, the reasons for the recommendation, and the relationship of the proposed ordinance or amendment to the general plan and any applicable specific plan. The director of resource management shall cause a report of the planning commission's action to be filed with the clerk of the board within ten working days after the planning commission's decision.

I.

If the planning commission has recommended approval of the proposed amendment, the board of supervisors shall set the matter for public hearing before it. If the proposed amendment would change property from one district to another, and the planning commission has recommended against adoption of the amendment, the board need take no further action on the amendment unless an interested person files a written request for a hearing with the clerk of the board within five days after the commission's recommendation is filed with the clerk. The notice provisions of subsection G of this section apply to hearings held under this subsection.

J.

The board of supervisors may approve or disapprove any recommendation of the planning commission, provided any modification of the proposed ordinance or amendment by the board, which was not considered by the planning commission during its hearing, shall first be referred to the planning commission for its recommendation. The planning commission shall not be required to hold a public hearing on the proposed modification. If the planning commission fails to make its recommendation within forty days after the board refers it to the planning commission, or any longer period the board may set, the modification shall be deemed approved by the planning commission.

K.

The board or the planning commission may, by resolution, abandon any proceedings for an amendment initiated by its own resolution of intention, provided the proposed amendment is then pending before it for consideration and provided that any public hearing on the amendment for which notice has been given is first held. An applicant may withdraw his application at any time, provided any public hearing on the amendment, for which notice has been given, is first held, and the amendment is not required as a condition of approval of a development project.

(Ord. 95-3 § 102, 1995; prior code § 5.05.080)

Notwithstanding any other requirement of this title, no permit or variance application shall be approved if it is determined by the official or body authorized to approve such applications that one or more violations of the county code exist on the parcel(s) on which the land-use entitlement(s) are being applied for, unless the requested permit or variance is made contingent and effective only upon the abatement of the identified violation(s) to the satisfaction of the planning director. Violations which are the subject of this section shall include, but shall not be limited to, all zoning, subdivision, building and public nuisance provisions of this code.

(Ord. 97-5 § 5, 1997)