§ 35.470

This Chapter provides procedures and requirements for the preparation, filing and initial processing of the planning permit applications required by this Development Code.

35.470.020 - Authority for Land Use and Zoning Decisions

A.

Review Authority. Table 7-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Development Code.

B.

Application subject to more than one review authority.

1.

When two or more discretionary applications that relate to the same development project are submitted, and the individual applications are under the separate jurisdiction of more than one review authority in compliance with Table 7-1 (Review Authority) below, all applications for the project shall be under the jurisdiction of the review authority with the highest jurisdiction in compliance with the following descending order:

a.

Board;

b.

Montecito Commission and;

c.

Director

2.

If the Board is the review authority for a project due to a companion discretionary application (e.g., Zoning Map Amendment) the Montecito Commission shall make an advisory recommendation to the Board on each project.

3.

This Section shall not apply to applications for:

a.

Design Review submitted in compliance with Section 35.472.070 (Design Review).

b.

Emergency Permits submitted in compliance with Section 35.472.090 (Emergency Permits).

c.

Land Use Permits submitted in compliance with Section 35.472.110 (Land Use Permits).

d.

Sign Certificates of Compliance required in compliance with Chapter 35.438 (Sign Standards).

e.

Zoning Clearances submitted in compliance with Section 35.472.190 (Zoning Clearances).

Table 7-1 - Review Authority

Notes:

(1) "Recommend" identifies that the review authority makes a recommendation to a higher decision-making body; "Decision" identifies that the review authority makes the final decision on the matter; "Appeal" identifies that the review authority may consider and decide upon appeals of the decision of an earlier decision-making body, in compliance with Chapter 35.492 (Appeals).

(2) In situations where the Comprehensive Plan Amendment would also have effect outside of the Montecito Community Plan Area, then the recommendation of the Montecito Planning Commission shall be to the County Planning Commission who shall make a recommendation to the Board.

(3) The decision of the Montecito Commission to recommend denial of a Zoning Map Amendment is not transmitted to the Board absent the filing of an appeal or a written request for a hearing is filed with the Clerk of the Board within the five calendar days after the Montecito Commission files its recommendation with the Board.

(4) The Montecito Board of Architectural Review shall make decisions on all Design Reviews; the decision of the Montecito Board of Architectural Review is appealable to the Montecito Commission; the decision of the Montecito Commission is appealable to the Board.

(5) The Director shall be the review authority on amendments to Reclamation Plans that are required in order to incorporate an interim management plan that is required due to a surface mining operation becoming idle.

A.

Application contents. Each application for a permit, amendment, or other matter pertaining to this Development Code shall be filed with the Director on a Department application form, together with required fees and/or deposits and all other information and materials as identified in the Department application for the specific type of application. Submittal requirements may be increased or waived on a project specific basis as determined necessary or appropriate by the Director. It is the responsibility of the applicant to establish evidence in support of the findings required by the applicable permit, amendment, or other matter pertaining to this Development Code.

1.

Defense and indemnification agreement.

a.

Unless disallowed by State law, at the time of the filing of an application, the Owner and/or Applicant shall agree, as part of the application, to defend, indemnify and hold harmless the County or its agents or officers and employees from any claim, action or proceeding against the County or its agents, officers or employees, to attack, set aside, void, or annul, in whole or in part, an approval of the application by the County.

(1)

A defense and indemnification agreement completed by the applicant on a form provided by the Department shall be submitted with the application at the time of filing the application with the Director. An application will not be accepted for processing and processing of an application will not commence unless an executed defense and indemnification agreement acceptable by the County is submitted with the application.

B.

Eligibility for filing. An application may only be filed by the owner of the subject property, or other person with the written consent of the property owner, or as otherwise authorized by this development Code.

A.

Fee schedule. The Board shall establish by resolution a schedule of fees and/or deposits for the processing of the various applications required by this Development Code, hereafter referred to as the Board's Fee Resolution.

B.

Timing of payment. Required fees and/or deposits shall be paid at the time of filing the application with the Director and no processing shall commence until the fee/deposit is paid.

C.

Refunds and withdrawals. The required application fees and/or deposits cover County costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Therefore, a refund due to a denial is not required. In the case of an expiration or withdrawal of an application, the Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to date and the status of the application at the time of expiration or withdrawal.

A.

Filing and acceptance of an application. An application is considered to be filed after is has been accepted for processing by the Department and required fees and/or deposits have been paid. The Director shall review each application for receipt of all submittal requirements and accuracy prior to acceptance of the application. The Director's acceptance of an application for processing shall be based on the Department's list of required application contents (see Section 35.470.030 (Application Preparation and Filing) above).

B.

Special provisions for applications subject to review under the California Environmental Quality Act. Projects subject to environmental review as required by the California Environmental Quality Act shall be subject to the following requirements:

1.

Notification of applicant. As required by Government Code Section 65943, within 30 calendar days of either the initial application filing or subsequent filings after a determination of application incompleteness has been made, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the Incomplete letter shall be provided.

Appeal of determination. After an initial determination of application incompleteness, where the Director has determined for a second or additional time that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the Director's determination in compliance with Chapter 35.492 (Appeals).

3.

Time for submittal of additional information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness or incompleteness shall occur. The time available to an applicant for submittal of additional information is limited by Subsection B.4 (Expiration of application) below.

4.

Expiration of application.

a.

If an applicant fails to provide the additional information specified in the Director's letter within 90 days following the date of the letter, the application shall expire and be deemed withdrawn, without any further action by the County.

b.

The Director may grant one 90-day extension.

c.

After the expiration of an application, future County consideration shall require the submittal of a new, complete application and associated fees.

5.

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

C.

Referral of application. At the discretion of the Director, or where otherwise required by this Development Code or State or Federal law, an application may be referred to any County department or public agency that may be affected by or have an interest in the proposed project.

D.

Right of entry/inspection. Every applicant seeking a permit or any other action in compliance with this Development Code shall allow the County staff involved in the review of the application access to any premises or property which is the subject of the application at all reasonable times.