Kern County Municipal Code Art. V Discretionary Permit Decisions by the Board of Supervisors

The discretionary permits specified in this title for review pursuant to this article may be issued 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 include:

A. SP 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 or tentative tract map (Sections 19.56.130 through 19.56.200 and Chapters 19.104, 19.106, and 19.110);

C. CL site development plan review (Sections 19.58.130 through 19.58.180) when filed in conjunction with an application for change of zone classification or with a tentative tract map;

D. Density bonus permit when filed in conjunction with an application for a change of 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. Appeals of discretionary decisions by the planning director (Subsection (A) of Section 19.102.110);

F. Appeals of Planning Commission decisions (Section 19.102.170);

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

H. Amendments to this title (Chapter 19.112);

I. Application for change of zone classification (Chapter 19.112);

J. Agricultural preserve inclusion or exclusion requests, agricultural preserve contracts, contract cancellation, and contract amendments;

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

L. Conditional use permit for native groundwater transport or transfer outside both Kern County and its watersheds (Chapter 19.118).

(Ord. G-6968 § 62, 2003; Ord. G-6551 § 119, 1998: Ord. G-6502 § 3, 1998; Ord. G-6077 § 349, 1994; prior code § 7284.05 (part))

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 Section 19.102.210 of this chapter.

(Ord. G-6077 § 351, 1994: prior code § 7284.05(A))

A. When an application has been submitted in accordance with Section 19.102.200 of 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 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 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;

4. The notification for appeals of discretionary decisions by the planning director shall be the same as required for that particular permit application as specified in Section 19.102.090;

5. Notification requirements for items listed in Subsection 19.102.190(J) shall be as required by the California Land Conservation Act of 1965.

C. Public Hearing. A public hearing shall be held before the board of supervisors at a time and place in accordance with the public notice. The board of supervisors may establish rules for the conduct of such hearings. Evidence shall be offered or presented, and the name and address 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.

(Ord. G-6967 § 32, 2003; Ord G-6864 § 86, 2002; Ord. G-6412 § 62, 1997: Ord. G-6077 § 352, 1994: Ord. G-4832 § 176, 1988; prior code § 7284.05(B))

A. The board of supervisors may approve, conditionally approve or deny any application following the close of the public hearing on the matter or within thirty-five (35) days thereafter by resolution. Such decision may include findings in accordance with the provisions of this title. The decision shall be final. An applicant, before a final vote is taken, may request a continuance until such time as all board members are present to vote on the matter.

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 board of supervisors shall be final on adoption of an order or resolution containing its determination.

D. In the event a written request is received to modify conditions of approval subsequent to the approval of a discretionary permit by the board of supervisors, the request shall be considered by that hearing body which is authorized to consider that particular type of discretionary permit.

(Ord. G-4832 § 177, 1988; prior code § 7284.05(C))

There shall be no appeal from a decision by the board of supervisors under this title.

(Prior code § 7284.05(D))