§ 130.51

This Chapter establishes the application requirements and noticing provisions necessary to process land use and development proposals in any zone.

An application for an allowed use decision or permit required by this Title shall be submitted on an application form provided by the Department and shall include the written consent of the lawful owner or owners of record. Each allowed use application and information packet shall include a list of the information and materials necessary to render the requested allowed use decision. Each application shall be accompanied by the required information and materials before the application is deemed

complete and accepted for filing. Any application made under the provisions of this Title may be initiated by the Board or by an applicant identified in [Subsection] A below.

A.

A permit application may be filed by:

1.

The lawful owner or owners of record of the lot on which the proposed project will be located, or their duly authorized agent.

2.

A person with lawful power of attorney or other acceptable authority from the lawful owner of record. Evidence of authorization shall be submitted with the application.

B.

When more than one land use decision is required for a single project, all applications may be filed concurrently. The review authority shall act on the different parts of a combined application on their own merits, and may approve one application without approving the other or others.

C.

Approvals granted for an application that was submitted containing a material misrepresentation or omission of material facts known to the applicant may result in revocation or unilateral modification of conditions of a permit or approval by the County, as provided in Section 130.54.090 (Revocation or County Mandated Modification of a Permit) below in this Article.

D.

Applications for permits or authorizations required by this Title shall be filed with the Department. All applications shall meet the following requirements:

1.

The proposed use is allowed, or has been found to be similar and compatible with allowed uses, within the zone in which it is located;

2.

The proposed use meets all applicable standards and requirements of this Title or such standards that are the subject of a concurrently filed Variance application; and

3.

No violation of the County Code or any condition of approval of an applicable use entitlement exists on the subject site, unless the purpose of the application is to bring the violation into compliance.

E.

Application Fees. Application fees adopted by resolution of the Board shall be paid upon application submittal. Additional fees may be required subject to the provisions of the adopted fee schedule, such as for "time and material" fee categories. Policies for collection of fees, refunds, and handling overdue accounts while processing applications shall be determined by the Director, or by the Agricultural Commissioner in the case of fees for Administrative Permits issued under Chapter 130.44 (Ranch Marketing).

F.

Review of Applications. Within 30 days of the filing of an application, the Department shall review it for completeness and accuracy before the application is accepted as being complete and officially filed. The applicant shall be notified in writing by the Department that either:

1.

The application has been determined to be complete and accepted for processing; or

2.

The application is incomplete and additional information, specified in writing, must be provided. If an application is determined to be incomplete, the time in which the application must be processed shall be stayed until such time as the applicant has provided the required information.

If the Department fails to notify the applicant in writing within 30 days of filling, the application shall be deemed complete. The Department may request additional information where needed to comply with the California Environmental Quality Act (CEQA).

G.

Expiration of Application. The application shall expire and be deemed withdrawn, requiring processing to stop and the filing of a new application for project consideration, if:

1.

An application has been determined to be incomplete and the required information is not submitted within one year from the date of the written determination; or

2.

An applicant has requested that processing be delayed or stayed or placed on hold for a period of more than one year. Any request for a delay, stay, or hold shall be made in writing; or

3.

The Director provides written notice of a determination that a complete application has not been actively pursued for a cumulative period of more than one year.

(Ord. No. 5177, § 9, 6-20-2023; Ord. No. 5241, § 11, 8-19-2025)

Sec. 130.51.030 - Environmental Review.

A.

After acceptance of an application in compliance with Subsection 130.51.020.F (Review of Applications) above in this Chapter, the Department shall review the proposed project in compliance with the CEQA Statutes and Guidelines (California Public Resources Code 21050 et seq.) and any county CEQA implementation resolutions, as may be amended from time to time. Unless the Department determines that the proposed project is not a "project" as defined by CEQA, and that the project is not exempt from the requirements of CEQA, the Department shall prepare the appropriate CEQA document concurrently with the processing of the application(s).

B.

The Department may require the applicant to submit additional information, reports, or analyses that may be needed for the environmental review of the project.

C.

When a determination is made to prepare an Environmental Impact Report (EIR) in compliance with CEQA, the Commission may, when necessary, separately consider the Director's decision to require the preparation of an EIR prior to its preparation.

D.

Before taking an action to approve an allowed use application that is subject to CEQA, the review authority shall consider and certify the applicable the CEQA document, including appropriate findings.

Sec. 130.51.040 - Staff Report and Recommendations.

When an application requires action by a review authority at a public hearing, the Department shall prepare a report and make a recommendation on the project. The procedure for preparing said report shall be as follows:

A.

Application information shall be distributed to appropriate County departments, local, state, and federal agencies, interested organizations and individuals, and any other party whom the Department finds could provide relevant comments on the potential effects of the project.

B.

The Department may perform an on-site inspection of the project site before confirming that the request complies with all of the applicable criteria and provisions identified in this Title.

C.

Upon receipt of comments after distribution, the Technical Advisory Committee (TAC) shall conduct a meeting as set forth in Section 130.60.060 (Technical Advisory Committee) in Article 6 (Zoning Ordinance Administration) of this Title, unless staff determines no TAC meeting is necessary. The applicant is encouraged to attend the TAC meeting.

D.

After the meeting, or where staff determines no TAC meeting is necessary, the Department shall review the application and prepare a report to the applicable review authority on whether the proposed project should be approved, conditionally approved, or denied. The staff report shall include the recommendations of state and local agencies, and other County departments, and shall include an analysis of the proposed project and its compliance with this Title, the General Plan, adopted design standards, and any other applicable provisions of the County Code or State law.

E.

The staff report shall be distributed to the applicant and made available to the public within the time frames established by state law, as may be amended from time to time.

Sec. 130.51.050 - Public Notice Requirements and Procedures.

A.

This Section implements greater public notice requirements than the prescribed requirements in California Government Code §§ 65090—65095). The public notice requirements and procedures for the various types of planning actions are set forth below in Table 130.51.050.1 (Public Notice Requirements and Procedures—Administrative Projects) and Table 130.51.050.2 (Public Notice Requirements and Procedures—Discretionary Projects). Public notice regarding projects will be mailed to nearby property owners according to the distance radius from the project site parcel boundary as specified in these tables. If the project has multiple actions with conflicting distance radii, then the greater distance radius shall apply.

B.

The notice shall be mailed at least ten days prior to the hearing to any person who has filed a written request for notice either with the clerk of the governing body or with any other person designated by the governing body to receive these requests. The local agency may charge a fee, which is reasonably related to the costs of providing this service, and the local agency may require each request to be annually renewed. As used in this Chapter, "person" includes a California Native American tribe that is on the contact list maintained by the Native American Heritage Commission (Government Code § 65092).

C.

The failure of any person or entity to receive notice pursuant to this Title shall not constitute grounds for any court to invalidate the actions by the Director, Zoning Administrator, Planning Commission, and/or Board of Supervisors for which the notice was given (Government Code § 65093).

D.

Any public hearing conducted under this Title may be continued from time to time (Government Code § 65095). If a hearing on a project is continued to a date certain, no additional public notice is required. Projects continued off calendar require new public notice.

E.

Public Notice Requirements and Procedures—Administrative Projects. Administrative projects are projects that require the issuance of an Administrative Permit as specified throughout the various matrices of allowed uses set forth in this Title. Administrative project types listed in Table 130.51.050.1 (Public Notice Requirements and Procedures—Administrative Projects) require public notice prior to a Director decision or no public notice as specified below.

Table 130.51.050.1. Public Notice Requirements and Procedures— Administrative Projects

F.

Public Notice Requirements and Procedures—Discretionary Projects. Discretionary projects require the issuance of a discretionary permit as specified throughout the various matrices of allowed uses set forth in this Title. Discretionary projects include project types such as Conditional Use Permit, Design Review, General Plan Amendment, and other project types listed in Table 130.51.050.2 (Public Notice Requirements and Procedures—Discretionary Projects). Discretionary projects listed in this table require public notice prior to Director, Zoning Administrator, Planning Commission, and/or Board of Supervisors decision; or no public notice as specified below:

1.

Notwithstanding any other provisions of this Title, the following determination shall apply to all County-initiated planning efforts, including, but not limited to, Board of Supervisors directed zone changes:

a.

The physical sign posting requirements shown on Table 103.51.050.2 shall not apply. No physical sign posting shall be required for County-initiated planning efforts, including Planned Developments, Specific Plans, or Zone Changes.

Table 130.51.050.2 Public Notice Requirements and Procedures— Discretionary Projects

G.

Reserved.

H.

Physical Sign Posting. The applicant shall post a sign on the subject property for the purpose of providing notice that an application at the subject property is currently undergoing review. The sign shall comply with the following specifications:

1.

The size of the sign shall be a minimum of 32 square feet (four feet high by eight feet wide).

2.

The sign text shall be large, black letters on a white background. The font size shall be proportional to the sign size for optimum readability. The sign content shall specify project type (e.g., Commercial, Residential, Industrial, Mixed Use) and shall include the following minimum information: Project type, project name, number of units or building square footage, project number, Planning Services phone number, and Planning Services website. Below is a typical example as a guideline for a sign layout; apply the information as it pertains to the individual project.

Typical Example

Proposed [Type] Development

PROJECT NO. - PROJECT NAME [X sq. ft. or X Units] MORE INFORMATION: 530-621-5355 www.edcgov.us/planning

3.

A minimum of one sign shall be posted facing each right-of-way on which the property has frontage.

4.

The sign shall be posted no more than 20 feet from the edge of the right-of-way for maximum visibility.

5.

For property that does not have street frontage or is not easily visible from the right-of-way, the sign(s) shall be posted in a location deemed suitable by the Director or designee.

6.

The sign(s) shall be posted on the property at least 30 calendar days prior to the hearing or the first hearing if there are multiple hearings. The sign(s) shall remain posted until final action has been taken on the application and the appeal period has expired.

7.

The sign(s) shall be removed within 30 days of the final action.

8.

The sign(s) shall be constructed of materials suitable to withstand the estimated posting time and to endure weather conditions.

(Ord. No. 5127, § 18, 9-1-2020; Ord. No. 5241, §§ 12, 16, 8-19-2025)

Editor's note— Ord. No. 5127, § 18, adopted Sept. 1, 2020, changed the title of § 130.51.050 from public notice to public notice requirements and procedures.

Sec. 130.51.060 - Conditions of Approval.

In approving an application for a permit or authorization, the review authority may establish reasonable conditions to its approval that are found to be necessary to mitigate impacts created by the proposed project, that are consistent with the General Plan, Zoning Ordinance, and other applicable laws, ordinances, standards, or regulations, and that protect the public health, safety, and welfare.

A.

Conditions of approval may be revised in compliance with Chapter 130.54.070 (Revisions to an Approved Permit or Authorization).

B.

The violation of any required condition shall constitute a violation of this Section and may constitute grounds for revocation of the permit or authorization in compliance with Section 130.54.090 (Revocation or County Mandated Modification of a Permit) below in this Article.

C.

The review authority may require recordation of the conditions of approval for Design Review, Variance, Conditional/Minor Use, and Development Plan permits.

Sec. 130.51.070 - Conditions of Automatic Approvals.

A.

In the event the County fails to act on a development project, as defined in California Government Code (GC) Section 65928, within the time limits set forth in GC Section 65920 et seq., the development project shall be deemed approved provided the project meets all of the following:

1.

Public notice is provided by the applicant in compliance with GC Section 65956(b).

2.

The proposed use in the development project is an allowed use in the applicable zone.

3.

The development project is consistent with General Plan policies, any applicable specific plan requirements, and development standards and other provisions in this Title.

4.

The development project complies with the adopted standards of the Department of Transportation, Environmental Management Department, Planning and Building Department, the responsible fire department, and any other state or local agency necessary to protect the public health, safety, and welfare.

B.

Any automatic approval of a development project shall become null and void unless all conditions imposed by this Section have been fully complied with and the occupancy, use of the land, and use of the proposed or existing structure(s) authorized by the automatic approval has taken place within 24 months after the date of the automatic approval.

Sec. 130.51.080 - Post-Decision Notice.

A.

Within ten days of a final decision on an application for an allowed use decision or permit required by this Article, the County shall provide notice of its final action to the applicant and to any person(s) who specifically requested notice of the County's final action and has provided a self-addressed stamped envelope.

B.

The notice shall contain the final decision by the review authority, any conditions that may have been imposed, and the findings made to support the decision.

A.

This process provides for a pre-application or conceptual review prior to the submittal of development applications to:

1.

Review preliminary project design to ensure compliance with County policy and ordinances;

2.

Provide early identification of possible issues, giving the applicant the opportunity to seek solutions or consider design alternatives before formal filing of an application;

3.

Suggest alternatives for the project;

4.

Assist the applicant in determining the scope of materials required for submittal of an application, especially those which are complex or involve multiple applications; and

5.

Improve the quality of the application when submitted, thereby simplifying its processing.

B.

Application. The applicant must submit an application to the Department requesting either a pre-application meeting with staff or a conceptual review hearing before the Commission or the Board.

C.

Information Provided. Contents of the application at the time of submittal shall be any available information that will assist staff, Commission members, or the Board in reviewing the proposed project in a timely manner. Required and suggested information shall be listed on the application form, as may be amended from time to time.

D.

When the complexities of an allowed use or permit application warrants, the Department or the applicable review authority may recommend that the applicant submit materials and attend necessary conferences or hearings to conduct, in an informal workshop setting, a preliminary review of the development proposal.

For some Planning Commission-level and Board-level discretionary development projects, the Director may require the applicant to prepare a public outreach plan to provide for early public notice and an opportunity for the public to provide input to the applicant on the proposed development project. For discretionary projects with 300 or more dwelling units, a public outreach plan shall be required.

A.

The public outreach plan may include but shall not be limited to:

1.

Direct mailing to the property owners nearby (distance radius from the proposed project site parcel boundary) for the Project Type as noted in Table 130.51.050.2 (Public Notice Requirements and Procedures—Discretionary Projects) that includes a

description of the proposed project and methods for how to submit comments; and

2.

One or more public workshops held in the community by the applicant prior to any County public hearing on the proposed project.

B.

The applicant shall submit the public outreach plan to the Director for approval and inclusion in the public record. The applicant shall implement the public outreach plan and provide a summary to the Director of the outreach efforts conducted including number of attendees at public outreach meetings and public comments received which will be part of the agenda packet presented to the Planning Commission and/or Board of Supervisors.

(Ord. No. 5127, § 19, 9-1-2020)

CHAPTER 130.52. - PERMIT REQUIREMENTS, PROCEDURES, DECISIONS, AND APPEALS

Sec. 130.52.010 - Administrative Permit, Relief, or Waiver.

An Administrative Permit is required in cases where limited review of a proposed structure or use through the site plan review process is necessary to verify compliance with established standards adopted to ensure compatibility with adjacent uses and availability of public services and infrastructure. The Administrative Permit shall also be used for the processing of administrative relief or waiver requests in compliance with Subsection B (Administrative Relief of Waiver) below in this Section or to establish the legal nonconforming status of a use or structure in compliance with Chapter 130.61 (Nonconforming Uses, Structures, and Lots) in Article 6 (Zoning Ordinance Administration) of this Title.

The issuance of an Administrative Permit shall be a ministerial project pursuant to the California Environmental Quality Act (CEQA).

A.

Administrative Permit.

1.

Review Authority and Procedure. The Director shall be the review authority of original jurisdiction for Administrative Permits, except that the Agricultural Commissioner shall be the review authority of original jurisdiction for Administrative Permits issued under Chapter 130.44 (Ranch Marketing) and for Administrative Permits for special events issued under Section 130.40.400 (Wineries). The Agricultural Commissioner shall have all the powers of the Director regarding the review of Administrative Permits and shall comply with all provisions of this Title and this Code that the Director would have to comply with, and all references to the "Director" or "Department" in this Title regarding the review of Administrative Permits shall include the Agricultural Commissioner or the County Agricultural Department, as applicable. The procedure shall be staff-level without public notice, except where Specific Use Regulations in Article 4 (Specific Use Regulations) of this Title provide for public notice.

2.

Standards for Approval. An Administrative Permit shall comply with the following standards:

a.

The structure(s) or use(s) are in compliance with the applicable zone provisions, standards or requirements of this Title, any applicable specific plans, or any other regulations adopted by the County through ordinance or resolution; and

b.

The structure(s) and use(s) are in compliance with requirements and conditions of previously approved entitlements, such as Minor and Conditional Use Permits, or variances, if applicable.

B.

Administrative Relief or Waiver.

1.

Review Authority and Procedure. The Director shall be the review authority of original jurisdiction. The procedure shall be stafflevel with public notice as described below. The Director may grant administrative relief or waiver from the standards set forth in this Title of up to the limits set forth in the applicable sections, or ten percent of the area or dimension, whichever is greater, subject to the following procedures:

a.

After submittal of a complete application, the Department shall notify all adjacent property owners by mail of the proposed request;

b.

A period of ten working days shall be provided to the adjacent property owners to comment on the proposed request;

c.

If an objection is received during the comment period, the Director shall not approve the proposed request, and elevate the review to the Zoning Administrator or Commission;

2.

Administrative relief or waiver requests may be approved if in compliance with the following standards:

a.

The proposed reduction does not exceed the limits set forth in this Chapter;

b.

There are no objections from any adjacent property owner; and

c.

The proposed relief will not be detrimental to the public health, safety, and welfare, or injurious to the neighborhood.

3.

A Variance application shall be required for consideration of a reduction in development standards if any of the standards for administrative relief or waiver set forth in Subsection B.2, above in this Section, cannot be met.

4.

Administrative relief and waivers of agricultural setbacks beyond the scope of the Director's authority are referred to the Ag Commission for consideration and approval. The Ag Commission decision may be appealed to the Board.

(Ord. No. 5177, § 10, 6-20-2023; Ord. No. 5218, § 10, 12-10-2024)

Sec. 130.52.020 - Minor Use Permits.

A.

Applicability.

1.

Minor Use Permit. A Minor Use Permit is a process for reviewing uses and activities that are typically compatible with other allowed uses within a zone, but due to their nature require consideration of site design and adjacent uses. Minor Use Permits provide for a discretionary review of minor projects or uses that are allowed, but do not meet the standards for administrative review. Unless the Department makes the following determination, the project will be processed as a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) below in this Chapter:

a.

The project incorporates standards or conditions that are capable of mitigating potentially significant environmental impacts to a level less than significant or determined to be exempt from CEQA.

B.

Review Authority and CEQA.

1.

Minor Use Permit. The Zoning Administrator shall have review authority of original jurisdiction for a Minor Use Permit. The approval of a Minor Use Permit is a discretionary project pursuant to CEQA, and public notice and hearing is required.

C.

Specific Findings for Minor Use Permits. In addition to findings of consistency with the requirements and standards of this Title, the review authority shall make the following findings before approving a Minor Use Permit application:

1.

The proposed use is consistent with the General Plan;

2.

The proposed use would not be detrimental to the public health, safety and welfare, or injurious to the neighborhood; and

3.

The proposed use is specifically allowed by a minor use permit pursuant to this Title.

Sec. 130.52.021 - Conditional Use Permits.

A.

Applicability.

1.

Conditional Use Permit. A Conditional Use Permit is a process for reviewing uses and activities that may be appropriate in the applicable zone but the potential for effects on the site and surroundings cannot be determined without a site specific review.

B.

Review Authority and CEQA.

1.

Conditional Use Permit. The Zoning Administrator or the Commission shall have review authority of original jurisdiction for Conditional Use Permit applications. The determination of the review authority shall be made by the Director based on the

nature of the application, and the policy issues raised by the project. The approval of a Conditional Use Permit is a discretionary project and is subject to the requirements and procedures of CEQA.

C.

Specific Findings for Conditional Use Permits. In addition to findings of consistency with the requirements and standards of this Title, the review authority shall make the following findings before approving a Conditional Use Permit application:

1.

The proposed use is consistent with the General Plan; and

2.

The proposed use would not be detrimental to the public health, safety and welfare, or injurious to the neighborhood; and

3.

The proposed use is specifically allowed by a conditional use permit pursuant to this Title.

D.

If there is any single use that triggers the need for a Conditional Use Permit, the Conditional Use Permit will include and address, as long as it remains active, all existing and subsequent uses allowed by discretionary permit.

Sec. 130.52.030 - Design Review Permit.

A.

Applicability. The Design Review Permit process is established in specific areas of the County to ensure compatibility with historical, scenic, or community design criteria. This process is applied only to commercial, industrial, mixed-use, and multiunit residential projects in the following areas:

1.

Meyers Area Plan.

2.

Land adjacent to or visible from designated State Scenic Highway Corridors.

3.

Other areas where the Design Review-Community (-DC), Historic (-DH), or Scenic Corridor (-DS) Combining Zones have been applied.

4.

Mixed use development projects in Community Regions that deviate from the Mixed Use Design Manual (adopted by the Board on December 15, 2015 and reformatted on April 24, 2018 (Resolution 197-2015) or adopted community design standards for a specific Community Region.

B.

Review Authority, Procedure, and CEQA. The Director shall have the review authority of original jurisdiction for all projects that require a Design Review Permit with the exception of projects that are adjacent to or visible from designated state scenic highway corridors. The procedure shall be staff-level with public notice. The Commission shall have the review authority of original jurisdiction for those projects that are adjacent to or visible from designated state scenic highway corridors. The adoption and implementation of Interim Design Standards and Guidelines is exempt from CEQA under Sections 15061(b)(3), 15305, 15308, and 15378 of the CEQA Guidelines. Therefore, until such time as permanent Design Standards and Guidelines

are adopted for Community Regions and Rural Centers, County design oversight and CEQA conformance shall consist of the following:

1.

Projects that qualify for state streamlined, ministerial review are considered ministerial, for purposes of CEQA, if designed consistent with the Interim Objective Design Standards (IODS) (Resolution 215-2024).

2.

Multifamily, mixed-use and commercial projects not subject to a Design Review Permit or other discretionary approvals are also considered ministerial for purposes of CEQA, if designed consistent with the Interim Design Standards and Guidelines for Multifamily, Mixed-Use and Commercial Projects (IDSG) (Resolution 214-2024).

3.

Approval of a Design Review Permit, where required, shall be a discretionary project pursuant to CEQA. Projects that are adjacent to or visible from designated state scenic highway corridors as referenced in subsection 130.52.030.A.2 and located outside of Community Regions and Rural Centers shall be encouraged to comply with the standards and guidelines found in the IDSG.

4.

Any multifamily, mixed-use or commercial project that deviates from the requirements of IDSG (e.g. projects proposing an alternate architectural style or an architectural style not allowed in a project's location) shall be subject to a Design Review Permit. Deviation from other County standards referenced in this document (e.g. Chapter 130.40.180 [Mixed Use Development], Design Improvement Standards Manual) shall be processed according to those respective requirements.

5.

The adoption of future permanent Design Standards in accordance with Subsection 130.27.050.F (Establishment of Community Design Review Areas; Guidelines and Standards) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title, is a discretionary project pursuant to CEQA. Upon adoption of those standards, the approval of a Design Review Permit will be considered a ministerial project pursuant to CEQA, when in compliance with the adopted Design Standards. If a project requires a Design Review Permit and one or more discretionary permits, the approval of the project will be considered discretionary and potentially subject to CEQA. The Design Review process shall be limited to consideration of compliance with established standards, provided that the use proposed for the project site is an allowed use within the zone.

C.

Design Review Committee. If a project is located within a district for which a design review committee has been established in compliance with Section 130.60.070 (Design Review Committee) in Article 6 (Zoning Ordinance Administration) of this Title, the Director shall transmit the application to the committee prior to rendering a written decision or making a recommendation to the Commission. The application review process by the committee shall provide an opportunity for the applicant or other interested persons to provide testimony. After public testimony, the committee shall discuss the proposed project and by motion present a recommendation to the Director. The Director may approve or deny the permit, and may incorporate conditions to ensure compliance with the applicable design standards.

(Ord. No. 5219, § 3, 12-3-2024; Ord. No. 5256, § 4, 3-3-2026)