Kern County Municipal Code Art. IV Discretionary Permit Decisions by the Planning Commission

The permits specified in this article may be issued by the planning commission 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. Conditional use permits (Chapter 19.104);

B. Zone modifications when filed in conjunction with an application for a permit to be heard by the planning commission (Chapter 19.110);

C. Surface mining permits and reclamation plans (Chapter 19.100);

D. Secondary residential unit (Chapters 19.90 and 19.104);

E. Density bonus permit, when filed in conjunction with an application for a permit to be heard by the planning commission (Sections 19.92.030 through 19.92.060);

F. Variances, when filed in conjunction with an application for a permit to be heard by the planning commission (Chapter 19.106);

G. Cluster site development plan review (Sections 19.58.130 through 19.58.180) when filed in conjunction with an application for a tentative tract map;

H. Precise development plans, conditional use permits, variances and zone modifications when filed in conjunction with an application for a tentative tract map (Chapters 19.104, 19.106, and 19.110);

I. Tentative tract maps (Chapters 18.10, 18.15, and 18.40 of the Land Division Ordinance).

J. Legal, nonconforming use expansion (Chapter 19.108)

(Ord. G-6551 § 113, 1998: Ord. G-6077 § 340, 1994: Ord. G-5966 § 156, 1993: prior code § 7284.04 (part))

(Ord. No. G-8226, § 106, 11-8-11)

The following discretionary permits and actions shall be considered by the planning commission prior to consideration by the board of supervisors, following submission of an application containing the information specified in the applicable section of this title and a properly noticed public hearing. These permits and actions include the following:

A. Special planning site development plan review (Sections 19.52.130 through 19.52.180);

B. Precise development plan review, with associated variances, zone modifications or conditional use permits, when filed in conjunction with an application for a change of zone classification (Sections 19.56.130 through 19.56.200 and Chapters 19.104, 19.106, and 19.110);

C. Cluster combining site development plan review (Sections 19.58.130 through 19.58.180) when filed in conjunction with an application for a change in zone classification;

D. Density bonus permit when filed in conjunction with an application for a change in zone classification or an application for a permit to be heard by the board of supervisors (Sections 19.92.030 through 19.92.060);

E. Conditional use permits, variances and zone modifications when filed in conjunction with an application for a change in zone classification (Chapters 19.104, 19.106, and 19.110);

F. Amendments to this title (Chapter 19.112);

G. Application for change in zone classification (Chapter 19.112);

H. Agricultural preserve inclusion or exclusion requests;

I. Adoption of amendment of any general plan, specific plan or specific plan line;

J. Williamson Act Land Use Contract cancellations, excluding cancellations of less than ten (10) acres for the purposes of creating an agricultural homesite, as determined by the planning director;

K. Referrals from the board of supervisors and the planning director.

(Ord. G-7012 § 60, 2003; Ord. G-6551 § 114, 1998)

A. An applicant for a discretionary permit or entitlement 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-6551 § 115, 1998: Ord. G-6077 § 341, 1994: Ord. G-4832 § 174, 1988; prior code § 7284.04(A))

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

B. At least ten (10) 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 each member of the planning commission, 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. lf 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 also 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.

C. Public Hearing. A public hearing shall be held before the planning commission at a time and place in accordance with the public notice. The board of supervisors shall establish 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 presiding officer shall announce the time and place to which the hearing will be continued. If it is determined to be in the public interest, the planning director may schedule a public hearing for any permit type specified in Section 19.102.130 directly before the board of supervisors, in which case a decision shall be rendered in accordance with Section 19.102.220.

(Ord. G-6967 § 30, 2003; Ord. G-6864 § 82, 2002; Ord. G-6551 § 116, 1998: Ord. G-6412 § 61, 1997: Ord. G-6077 §§ 342, 343, 1994; Ord. G-5684 §§ 105, 106, 1991; Ord. G-4832 § 175, 1988; prior code § 7284.04(B))

A. The planning commission may approve, conditionally approve or deny any application specified by Section 19.102.130 following the close of public testimony on the matter or within thirty-five (35) days thereafter by resolution except as provided in Title 18. Such resolution shall include findings in accordance with the provisions of this chapter. The decision shall be final, subject to appeal in accordance with this chapter. In the event that the planning commission is unable to reach a majority decision, as evidenced by a tie vote, the project is deemed denied.

B. Where an advisory action is required as specified by Section 19.102.135, the planning commission shall adopt a recommendation following the close of public testimony on the matter or within thirty-five (35) days thereafter by resolution. Such resolution shall include findings in support of the recommendation. In the event that the planning commission is unable to reach a majority decision, as evidenced by a tie vote, the project is deemed denied. Except for general plan amendments, within fifty (50) days from the date a decision is rendered by the planning commission, a public hearing shall be scheduled before the board of supervisors to consider the planning commission's recommendation.

C. 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.

D. The decision of the planning commission on permits specified by Section 19.102.130 shall be final on expiration of fourteen (14) calendar days from and including the date of the decision, as required by subsection (C) of this section, unless a notice of appeal is filed with the planning director within such time.

E. All conditions of approval shall be final, and a request to delete or to modify a condition shall only be considered at a properly noticed public hearing, unless such conditions are appealed pursuant to Section 19.102.170 of this chapter.

(Ord. G-6864 § 84, 2002; Ord. G-6551 § 117, 1998: Ord. G-6077 § 345, 1994; prior code § 7284.04(C))

A. Any decision of the planning commission made pursuant to Section 19.102.130 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 with the fee established by the board of supervisors pursuant to Section 19.06.040 of this title.

C. Notice of the hearing on appeal shall be given in the manner and time provided in Section 19.102.210 of this chapter. Notice of the hearing on appeal shall also be given not less than ten (10) days before such hearing to each person entitled to notice of the preceding decision.

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

E. A 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 § 98, 2005; Ord. G-6551 § 118, 1998: Ord. G-6077 § 347, 1994; prior code § 7284.04(D))

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

(Prior code § 7284.04(E))