Kern County Municipal Code Art. III Discretionary Permit Decisions by the Planning Director

The discretionary permits specified in this title for review pursuant to this article may be issued by the planning director following submission of an application containing the information specified in the applicable section of this title and a properly noticed public hearing. These permits include:

A. Precise development plan review (Sections 19.56.130 through 19.56.200);

B. Cluster combining site development plan review (Sections 19.58.130 through 19.58.180);

C. Conditional use permits and variances when filed in conjunction with an application for a discretionary permit to be heard by the planning director (Chapters 19.106 and 19.108);

D. Zone modifications (Chapter 19.110);

E. Extensions of time;

F. Temporary event permit (Section 19.08.340);

G. Temporary fruit stands (Sections 19.12.130 and 19.14.130);

H. Temporary precise development plan (Section 19.56.180);

I. Variances (Chapter 19.106);

J. Small wind energy system permit (Section 19.08.415);

K. Kern River development permit (Chapter 19.73);

L. Airport approach height (H district) plot plan review (Sections 19.76.130 and 19.76.140);

M. Community garden permit (Chapters 19.16, 19.18, 19.20, 19.22, 19.26. 19.28, 19.30, 19.32, 19.34, and 19.42).

N. Accessory dwelling unit (Chapters 19.90 and 19.106).

(Ord. G-6968 § 55, 2003; Ord. G-6864 §§ 77, 78, 2002; Ord. G-6551 § 111, 1998: Ord. G-6077 § 333, 1994: Ord. G-5063 § 5, 1989; prior code § 7284.03 (part))

(Ord. No. G-7821, § 82, 1-27-09; Ord. No. G-8226, § 104, 11-8-11; Ord. No. G-8725, § 21, 7-11-17)

A. An applicant for a discretionary permit pursuant to this article shall submit an application to the planning director in the format and number of copies specified by the planning director. The application shall contain all the information specified for the application by the applicable section of this title, unless the planning director waives any of the information requirements. The application shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.030 of this title.

B. The planning director shall inform the applicant in writing within thirty (30) calendar days of receipt that the application is complete or that additional information is needed to complete the application.

C. Upon acceptance of the application as complete and completion of an environmental document, if required, a public hearing shall be set in accordance with this chapter.

(Ord. G-6077 § 334, 1994: prior code § 7284.03(A))

A. When an application has been accepted as complete in accordance with this chapter, the planning director shall set the application for a public hearing.

B. At least ten (10) calendar days before the date of any public hearing, the date, time, place of the hearing, identity of the hearing body, and the nature and location of the application shall be given by the following methods:

1. Publishing such notice once in a newspaper of general circulation.

2. Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to each member of the board of supervisors, to the owners of all property within five hundred (500) feet of the exterior boundaries of the property which is subject of the application, and to any person who has filed a written request for such notice. In instances where the majority of parcels abutting the project site are one (1) acre or larger in size, owners of all property within one thousand (1,000) feet of the project site shall be provided notice. For the purposes of this notice, property owners shall be the last known name and address of the property owner names on the last assessment roll of the county. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand (1,000), a display advertisement of at least one-eighth (⅛) page in at least one (1) newspaper of general circulation may be published at least ten (10) days prior to the hearing in lieu of mailed or delivered notice.

3. In lieu of the requirements set forth in subparagraph (1) of this subsection, notice may be given by posting notices not more than three hundred (300) feet apart along each street upon which the subject property abuts for a distance of not less than three hundred (300) feet in each direction from the exterior limits of the subject property. In instances where the majority of parcels abutting the project site are one (1) acre or larger in size, notice shall be posted not more than three hundred (300) feet apart for a distance of one thousand (1,000) feet in each direction.

4. Notification for the consideration of zone modifications (Chapter 19.110) shall be as specified in subsections 19.102.090(B)1 and 3. In addition, notification shall include the mailing or delivering notice, postage prepaid, to the property owner(s), owners of all abutting properties, the applicant(s), to each member of the board of supervisors, and to any person who has filed a written request for such notice.

5. Notification for the consideration of community garden permits, extension of time requests, small wind energy system permits, temporary event permits (TEP), temporary fruit stands, and temporary precise development plans shall be provided as follows:

a. Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to the owners of all abutting properties, to each member of the board of supervisors, and to any person who has filed a written request for such notice.

b. For small wind energy system permit applications on sites included within the restricted military air space shown as any cross-hatched area in Figure 19.08.160, notice also shall be mailed or delivered to the China Lake Naval Weapons Center and the Edwards Air Force Base Flight Test Center.

C. Public Hearing. A public hearing shall be held before the planning director at a time and place in accordance with the public notice. The director may establish his/her own rules for the conduct of such hearings. Evidence shall be offered or presented, and the name of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the director or his/her designee shall announce the time and place to which the hearing will be continued. If it is determined to be in the public interest, the director may schedule a public hearing for any permit type specified in Section 19.102.070 directly before the board of supervisors, in which case a decision shall be rendered in accordance with Section 19.102.220.

(Ord. G-7189 § 94, 2005; Ord. G-6968 § 56, 2003; Ord. G-6967 § 28, 2003; Ord. G-6864 § 80, 2002; Ord. G-6551 § 112, 1998: Ord. G-6412 § 60, 1997: Ord. G-6077 §§ 335, 336, 1994; Ord. G-5684 §§ 102—104, 1991; Ord. G-4993 § 54, 1989; Ord. G-4832 § 173, 1988; prior code § 7284.03(B))

(Ord. No. G-8226, § 105, 11-8-11)

A. The planning director may approve, conditionally approve, or deny any application following the close of the public hearing on the matter. Such decision shall include findings in accordance with the provisions of this title. The decision shall be final, subject to appeal in accordance with Section 19.102.110 of this chapter.

B. Written notice of such decision shall be given by mail within seven (7) calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision.

C. The decision of the planning director shall be final on expiration of fourteen (14) calendar days from and including the date of decision, unless a notice of appeal is filed with the planning director within such time.

D. All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless such conditions are appealed pursuant to Section 19.102.110 of this chapter.

(Ord. G-6077 § 338, 1994: prior code § 7284.03(C))

A. Any decision of the planning director made pursuant to this article shall be subject to appeal to the board of supervisors.

B. The applicant or any other person aggrieved may appeal from such decision by filing a written notice of appeal with the planning director prior to the time the decision becomes final. The planning director shall furnish forms of notice of appeal. The appeal shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.040 of this title.

C. Notice of the hearing on the appeal shall be given in the manner and time provided in Section 19.102.210 of this chapter.

D. The board of supervisors may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from.

E. The decision of the board of supervisors on any such appeal shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.

(Ord. G-7189 § 96, 2005; Ord. G-6077 § 339, 1994: prior code § 7284.03(D))

No permit shall be issued prior to the expiration of any appeal period.

(Prior code § 7284.03(E))