Calaveras County Municipal Code § 17.27.070 Public notice

This chapter establishes uniform procedures for the preparation, filing, and processing of all land use permits and approvals provided for in this title, unless superseded by a specific requirement of this title or state law.

A. Applicant. The owner of 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 planning director, shall accompany the application.

B. Application Materials.

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

a. The application form shall include an indemnity clause whereby the applicant, and owner, if different, agrees to indemnify and hold the county harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.

2. 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, 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).

3. 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 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 Unless prohibited by law or superseded by specific permit confidentiality requirements, copies of such materials shall be made available at a reasonable cost.

C. Multiple Applications.

1. Concurrent Filing. An applicant for a project which requires more than one permit (e.g., conditional use permit, variance, and design review, etc.), shall file all related applications concurrently, together with all application fees. The concurrent filing requirements may be waived by the director.

2. Concurrent Processing. Multiple permits for the same project shall be processed concurrently and shall be reviewed and decided on by the highest review authority designated for any of the applications.

D. Application Fees.

1. Fee Schedule. The board of supervisors shall approve by resolution a fee schedule that establishes fees for permits, 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 are non-refundable unless otherwise provided for in the Calaveras County Municipal Code or by policy of the board of supervisors.

Pre-application review is a review process that is intended to provide information on relevant policies, zoning regulations, and procedures.

A. Applicability.

1. Mandatory Pre-Application Review. Pre-application review is required for all new construction or additions of more than two thousand square feet in a commercial or industrial zoning district.

2. Optional Pre-Application Review. Pre-application review is optional for any other type of project.

B. Exemption from Permit Streamlining Act. Optional pre-application review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the Act unless and until the director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 17.27.040, Review of Applications.

C. Review Procedure. The planning department shall conduct pre-application review. The director may consult with or request review by any county agency or official with interest in the application.

D. Recommendations are Advisory. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by county representatives. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the county.

A. Initial Completeness Review. The director shall determine whether an application is complete within thirty days of the date the application is filed and required fee received.

1. Incomplete Application. If an application is deemed incomplete, the director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application, as well as a time limit by which the requested information must be submitted. The time limit established by the director shall be at least thirty days.

a. zoning code Violations. An application shall not be found complete if conditions exist on the site in violation of this title or any permit or other approval granted in compliance with this title, unless the proposed project includes the correction of the violations.

b. Submittal of Additional Information. The applicant shall provide the additional information within the time limit specified by the director.

c. Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section 17.27.140, Appeals, except there shall be a final written determination on the appeal no later than sixty days after receipt of the appeal. The fact that an appeal may be made to both the planning commission and the board of supervisors does not extend the sixty day period.

2. Complete Application. When an application is deemed complete, the director shall make a record of that date. If an application requires a public hearing, the director shall schedule it and notify the applicant of the date and time, pursuant to Section 17.27.070, Public Notice.

B. Referral of Application. At the discretion of the director, or where otherwise required by this title, state or federal law, any application filed in compliance with this title may be referred to any county department, public agency, or interest group that may be affected by or have an interest in the proposed land use project.

C. Extensions. The director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this title.

A. Response Required. Any application received and processed under the provisions of this title shall be withdrawn and henceforth be null and void if the applicant has not commenced further processing of the application with the county within the later occurring of the following two time periods:

1. Ninety days from the last written notification to the applicant from the county requesting further information from or action by the applicant and to which the applicant has not responded; or

2. Six months from the date of the last planning commission or board of supervisors action regarding the application, which did not constitute a final county determination regarding the entire application.

B. Refund Of Fees. At the time an application is deemed to be withdrawn by the planning director, if fees submitted with the project application have not fully been used and/or exhausted in processing the application, upon written request by the applicant, any remaining fees shall be returned to the project applicant.

C. Re-Submittal. After an application is deemed withdrawn, any future consideration by the county shall require the submittal of a new complete application and current filing fees.

All projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code of Regulations is amended, such amendments will govern county procedures.

Unless otherwise specified, whenever the provisions of this title require public notice, the county shall provide notice in compliance with state law and, at minimum, as follows.

A. Mailed Notice. At least ten days before the date of the public hearing or the date of action when no public hearing is required, notice shall be provided by First Class mail delivery to the following:

1. The applicant, the owner, and any occupant of the subject property;

2. All property owners of record within a minimum three hundred foot radius of the subject property as shown on the latest available assessment role or a larger radius if deemed necessary by the director to provide adequate public notification;

3. All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located;

4. Any person or group who has filed a written request for notice regarding the specific application; and

5. The school district and any other local agency expected to provide essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be affected.

B. Newspaper Notice. At least ten days before the date of the public hearing or the date of action when no public hearing is required, notice shall be published in at least one newspaper of general circulation in the county.

C. Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, instead of a mailed notice, notice may be provided by placing a display advertisement of at least ⅛ of a page in at least one newspaper of general circulation in the county, at least ten days prior to the hearing.

D. Contents of Notice. The notice shall include the following information:

1. The location of the real property, if any, that is the subject of the application;

2. A general description of the proposed project or action;

3. The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

4. The identity of the hearing body or officer;

5. The names of the applicant and the owner of the property that is the subject of the application;

6. The location and times at which the complete application and project file, including any environmental impact assessment prepared in connection with the application, may be viewed by the public;

7. A statement that any interested person or authorized agent may appear and be heard;

8. A statement describing how to submit written comments; and

9. For board of supervisors hearings, the planning commission recommendation.

E. Failure to Receive Notification. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.

Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of state law and any applicable procedures adopted by the board of supervisors or Planning Commission.

When deciding to approve, approve with conditions, modify, revoke, or deny any discretionary permit under this title, the review authority shall make written findings of fact as required by this title and any applicable State or federal law.

A. Date of Action. The review authority shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed in accordance with Section 17.27.140, Appeals. Time extensions may be granted pursuant to Section 17.27.110, Effective Dates; Expiration and Extension.

1. Project Exempt from Environmental Review. Within thirty days of the date the county has determined an application to be complete, a determination must be made whether the project is exempt from environmental review per State CEQA requirements.

2. Project Not Exempt from Environmental Review. The county shall act on the accompanying discretionary project within the time periods established by State CEQA requirements.

B. Notice of Action. After the director or planning commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this title, the director shall provide notice of the action to the applicant and to any other person or entity that has filed a written request for such notification with the planning department.

C. Findings. Findings, when required by State law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action.

A. Scope. The scope of approvals shall include only those uses and activities proposed in the application, excluding other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous conditional or nonconforming uses no longer occurring on the same site or location.

B. Conditions. The site plan, floor plans, building elevations, and/or any additional information or representation, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with submitted plans and conditions in all respects.

C. Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with such conditions.

A. Effective Dates. A decision to approve a permit issued under this title shall be effective on the date the review authority does so, except as provided below.

1. Decisions Subject to Appeal. A final decision on an application for any approval subject to appeal shall become effective after the expiration of the fifteen day appeal period following the date of approval unless an appeal is filed.

2. Amendments to the zoning code or Zoning Map. Amendments to the zoning code or Zoning Map shall become effective on the 31st day following the date the ordinance is actually adopted by the Board of Supervisors, unless challenged by the voters or otherwise provided in the adopting ordinance.

B. Expiration for Failure to Timely Act on Permit Approval. The review authority, in deciding to approve a permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any decision to approve a permit under this title shall automatically expire if it is not validated or extended within two years after the date of the approval.

C. Permit Validation. An approved permit shall not be treated as an entitlement until the planning director determines that, prior to the expiration date described above, the following has occurred:

1. For permits or approvals requiring a building permit, a valid county building permit shall be issued, and construction has been lawfully commenced

2. For permits or approvals not requiring a building permit, the permitted use has lawfully commenced on the site and a valid county business license, if required, has been issued.

D. Extensions.

1. Extension for Permit Granted in Conjunction with Tentative Map. The time limits for any permit granted in conjunction with an approved tentative tract map shall be automatically extended to be the same as the term of such tentative tract map.

2. Other Extensions. The planning director may approve a two-year extension of any permit or approval granted under this title upon receipt of a written application with the required fee within either the time period specified by the review authority, or two years of the date of the approval.

E. Lapse. Inactivity under a permit may lead to revocation in which case the permit may be revoked in accordance with Section 17.27.130, Revocation of Permits.

All development and use of land for which a permit or other approval has been issued shall be in compliance with the approved drawings and plans and any conditions of approval unless the permit or other approval is revised as provided for in this section.

A. Minor Revisions. The planning director may approve minor revisions to approved plans and permits that are consistent with the original findings and conditions approved by the review authority, do not substantially expand the approved floor area, and would not intensify any potentially detrimental effects of the project.

B. Major Revisions. A request for revisions to conditions of approval of a discretionary permit, a revision that would affect a condition of approval, have the effect of modifying a mitigation measure under CEQA, or a revision that would intensify a potential impact of the project shall be processed in the same manner, and shall be decided on by the same review authority, as the approved permit.

Any permit granted under this title may be revoked or revised for cause if any of the conditions or terms of the permit are violated, if any law or ordinance is violated, or if any of the events set forth in subsection C, below, occur.

A. Initiation of Proceeding. Revocation proceedings may be initiated by the board of supervisors, planning commission, or director.

B. Public Notice, Hearings, and Action. After conducting a duly-noticed public hearing, the planning commission shall act on the proposed revocation, pursuant to Chapter 17.27, Common Procedures.

C. Required Findings. The planning commission may revoke or modify the permit if it makes any of the following findings:

1. The approval was obtained by means of fraud or misrepresentation of a material fact; or

2. The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character; or

3. The use or structure authorized by the permit is removed from the site or remains vacant and unused for its authorized purpose or is abandoned or discontinued for a period greater than twelve consecutive months; or

4. There is or has been a violation of or failure to observe the terms or conditions of approval, a violation of an approved mitigation monitoring reporting program under CEQA, or a violation of the provisions of this title, or any applicable local or state law or regulation; or

5. The use has been conducted in a manner detrimental to the public safety, health, or welfare.

D. Notice of Action. Following planning commission action to revoke or modify a permit, the director shall issue a notice of action within seven days. The notice shall describe the commission's action with its findings. The director shall mail the notice to the permit holder, property owner, and to any person or entity who requested the revocation proceeding. Failure to provide notice under this section does not invalidate the action of the planning commission.

E. Nothing shall require that revocation and enforcement be mutually exclusive remedies, and nothing shall prohibit the county from pursuing both either sequentially or concurrently.

A. Applicability. Any action by the director or planning commission in the administration or enforcement of the provisions of this Code may be appealed in accordance with this section.

1. Appeals of director Actions. Actions of the director may be appealed to the planning commission by filing a written appeal with the planning department.

2. Appeals of planning commission Actions. Actions of the planning commission may be appealed to the board of supervisors by filing a written appeal with the county clerk.

B. Rights of Appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Code, provided that the appellant has participated in the administrative process prior to filing an appeal.

C. Time Limits. Unless otherwise specified in State or federal law, all appeals shall be filed in writing within fifteen days of the date which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the county planning department office is closed to the public, the appeal period shall end at the close of business on the next consecutive business day.

D. Procedures.

1. Filing. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee.

2. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of county building permits and business licenses.

3. Transmission of Record. The director, or in the case of appeals to the Board of Supervisors, the county clerk, shall schedule the appeal for consideration by the authorized hearing body within forty-five days of the date the appeal is filed. The director shall forward the appeal, the notice of action, and all other documents that constitute the record to the hearing body. The director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

E. Exhaustion of Administrative Remedies. No issue which was not addressed during the hearing upon which the appeal is based shall be considered at the appeal hearing. No relevant facts that were known or could have reasonably been known to the party raising them at the time the decision being challenged was made shall be considered at the appeal hearing. If new relevant factual information is presented on appeal that could not have reasonably been not known at the time the decision being challenged was made, the board of supervisors shall have discretion to remand the project to the planning commission for consideration of the new facts.

F. Standards of Review. When reviewing any decisions on appeal, the appeal body shall review the factual evidence anew, without being required to defer to prior decisions. The appeal body may adopt the same decision and findings as were originally approved or it may modify the decision and/or findings. It may also request or require changes to the application as a condition of approval.

G. Public Notice and Hearing. Public notice shall be provided, and the hearing conducted by the applicable appeal body pursuant to Chapter 17.27, Common Procedures. Notice of the hearing shall also be given to the applicant and party filing the appeal. Notice shall also be given pursuant to state law to any other interested person who has filed with the county clerk a currently effective written request for such notice. In the case of an appeal of a planning commission decision, notice of such appeal shall also be given to the planning commission. The planning commission may be represented at the hearing.

H. Action. An action to grant an appeal shall require a vote of not less than three members of the hearing body members. A tie vote shall have the effect of rejecting the appeal.

Requests for interpretations of this title and verifications relating to prior approvals or permits may be made to the director. Requests shall be in writing. The decision of the director on such requests may be appealed under Section 17.27.140, Appeals.