Modoc County Municipal Code Ch. 18.124 Administrative Permits

An administrative permit may be granted for any of the uses for which administrative permits are required by this title, as provided in this chapter. Administrative permits and any action, condition, determination, or appeal relating thereto is determined to be an administrative action and does not require public notice and hearing.

(Ord. 236-73 Exh. A(part), 1991)

A. Form and contents: An application for an administrative permit shall be made in writing on a form prescribed by the planning director, and shall be accompanied by (1) a clear and concise description of the proposed use and accompanying activities; (2) plans, maps, or other documents, reproducible and drawn to scale, showing the project location and details of the proposed use, buildings, and facilities; (3) information demonstrating compliance with provisions applicable to the proposed uses and this title; (4) written authorization of the property owner; and (5) fees.

B. Completeness: No application shall be accepted as complete until all fees, the application form and all required information are filed with and accepted as complete by the planning department. Within thirty days after receiving an application the planning department shall provide the applicant with written notice of any deficiencies. Each resubmittal shall again commence the review and submittal procedures described in this subsection. Failure of the applicant to respond within thirty days to any written notice that the application is incomplete, or to any request to amplify, clarify, correct, or otherwise supplement the application, shall be deemed to be an abandonment of the application and no further action shall be taken on it. Within ten days of receiving a notice of deficiency, the applicant may appeal the determination to the planning commission and subsequently the board of supervisors as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.060.

(Ord. 236-73 Exh. A(part), 1991)

A. Within twenty days after accepting an application as complete, the planning director shall determine its compliance with the provisions of this title, the general plan, and any applicable specific plan, and shall give written notice to the applicant of the decision to approve, approve subject to conditions, deny, or refer the application to the planning commission. If referred, the commission shall make its determination within sixty days from the date the application is accepted as complete.

B. If the director or commission determines the application complies with all criteria applicable to the proposed use, the administrative permit shall be approved. Reasonable conditions may be imposed as required to conform the proposed uses to applicable criteria in this title. If it is determined that the application does not meet all applicable criteria and cannot reasonably be made to conform to the requirements through the imposition of conditions, the application shall be denied.

(Ord. 236-73 Exh. A(part), 1991)

A. The granting of any administrative permit may be conditioned upon (1) minor modifications to the proposal to conform it to criteria applicable to the proposed uses and this title, (2) the recording of a document, on a form prescribed by the planning director and approved by county counsel, in the office of the county recorder, providing notice of terms or conditions of the administrative permit, and (3) any security or fees required to assure continued compliance.

B. Any administrative permit granted may be limited to a term set when the administrative permit is approved, and when renewed if applicable. The establishment, maintenance, or operation of any use pursuant to this chapter shall cease at the end of the term, if any, of the administrative permit.

(Ord. 236-73 Exh. A(part), 1991)

The applicant may appeal the decision of the planning director to the planning commission. The decision of the commission shall be final, or if the application was referred to the commission its decision may be appealed to the board of supervisors, as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.060. The commission or board shall not grant any approval that would otherwise require a use permit or variance without the proper application and procedures for such.

(Ord. 236-73 Exh. A(part), 1991)

Every administrative permit issued pursuant to this chapter is revocable, as provided in this section.

A. Whenever the planning director or the planning commission determines that one or more ground exists for revocation of an administrative permit, the planning commission may revoke the administrative permit after notice given as provided in Section 18.140.060. Grounds for revocation include, but are not limited to:

1. Noncompliance with permit conditions.

2. Violation of any law relating to the permit.

3. Expansion of the use that is the subject of the permit without an amendment or new permit.

4. Exercising or conducting the use in a manner that threatens or is injurious to public health or safety or constitutes a nuisance.

5. False or erroneous information in the record as to a material matter or significant issue regarding the use.

B. After the hearing the planning commission may revoke the permit, or decline to revoke the permit. In lieu of revocation, the commission may amend existing conditions of approval or impose additional conditions, to the extent allowed by this title and any other law. No conditions shall be imposed which would have the effect of granting a variance, except as provided in this title, unless the appropriate application is made.

(Ord. 236-73 Exh. A(part), 1991)

A. Every administrative permit expires and is null and void without further action by the county if the activity for which the permit was granted has not been actively and substantially commenced within one year from the date of its approval, or affirmation on appeal. The planning director has the authority to declare, based on length of time and operation of law, the permit abandoned, and therefore null and void, unless an extension is granted as provided in subsection B.

B. The planning director may extend the time for commencement of the use or activity for which an administrative permit was granted, if a written request for an extension of time stating the grounds therefor is submitted to the planning director prior to the expiration of the permit. A reasonable extension of time shall be approved if the permittee shows that circumstances beyond the permittee's control have prevented the permittee from taking sufficient action. Notice of the decision shall be mailed or delivered to the applicant.

C. The decision of the director on the request for an extension may be appealed to the planning commission as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.050.

(Ord. 236-73 Exh. A(part), 1991)

The holder of an administrative permit may surrender it to the planning department at any time and thereafter shall cease to engage in, operate, or maintain the use.

(Ord. 236-73 Exh. A(part), 1991)