Chapter 85.02 — BASIC REVIEW PROCEDURES

This Chapter contains the basic review procedures necessary to process development proposals in any land use zoning district.

(Ord. 4011, passed - -2007)

(a) Formal Open Forum for Public Review. Public hearing procedures are distinguished by a formal open forum for public review of a proposal. During the course of the public hearing, the applicable review authority invites public testimony for and against the land use proposal, reviews evidence and then renders its decision in compliance with Chapter 86.07 (Public Hearings). A public hearing may be conducted before the Board, the Commission, or the Director (when acting as the Zoning Administrator).

(b) Review Evidence and State Relative Positions. Public hearing procedures shall be used to give all interested parties an opportunity to review the evidence and to state their relative positions in a common public forum before the applicable review authority.

(Ord. 4011, passed - -2007)

(a) Based upon Specific Findings or Conditions. Staff review with notice procedures are distinguished by land use decisions that are based upon specific findings or conditions that limit the discretion of the applicable review authority.

(b) Rendering of a Decision with Notice. Staff review with notice procedures shall provide written or published notice given to affected and interested parties followed by a decision by the applicable review authority. The notice shall be designed to ensure that all interested parties are aware of the pending decision and are given a chance to comment before the review authority renders its decision.

(Ord. 4011, passed - -2007)

(a) Decisions Based upon Adopted Standards. Staff review without notice procedures are distinguished by land use decisions made by the applicable review authority based upon standards that have been adopted by the County as law or as policy.

(b) Rendering of a Decision Without Notice. Staff review without notice procedures shall be used when sufficient standards have been adopted by the Commission or the Board to allow the applicable review authority to render a decision without giving notice to surrounding property owners and other parties. (Ord. 4011, passed - -2007)

Unless preempted by State or Federal Law, the specific land uses listed in the land use tables in Chapters 82.03 through 82.22 shall be allowed without a Conditional Use Permit when the following alternate review procedures have been completed to the satisfaction of the Director.

(a) Alternate Procedures.

• (1) The land use has been approved at a public hearing by a State or Federally appointed body or commission empowered to approve or license the land use.

• (2) Notice has been given to provide an opportunity for those interested or affected by the proposed use to take part in local public hearings conducted by the State or Federal body or commission approving the land use.

(3) The review process used by the approving agency has substantially addressed the same issues and concerns that would be addressed in applicable County review and approval process.

(4) The approving State or Federal body or commission has made a reasonable effort to respond to concerns expressed by the County of San Bernardino and its citizens.

• (5) The approval of the land use would not have a substantially detrimental effect on the public health, safety, and welfare.

• (6) Approval of the land use has complied with all applicable provisions of the California Environmental Quality Act (CEQA).

(7) The land use is consistent with the General Plan and any applicable specific plan.

• (b) Acceptable Alternate Procedures. Projects approved by the following agencies shall qualify as the alternate review authority:

• (1) Projects approved by the Bureau of Land Management.

• (2) Projects approved by the State Energy Commission.

• (3) Projects approved by the State Lands Commission.

• (4) Projects approved by the State Department of Education.

• (5) Projects approved by the State Public Utilities Commission.

• (6) State or Federal Water Projects.

• (7) Projects approved by the U.S. Forest Service.

• (8) Projects approved by the U.S. Department of Defense.

• (Ord. 4011, passed - -2007)