Chapter 85.03 — APPLICATION PROCEDURES

This Chapter establishes the application requirements and noticing provisions necessary to process development proposals in any land use zoning district.

(Ord. 4011, passed - -2007)

(a) Application Submittal. Applications for all land use decisions shall be made at the offices of the applicable review authority on forms supplied by the Department. Each application for a land use decision shall be accompanied by the information and materials deemed necessary to render the requested land use decision before the application is deemed complete and accepted for filing. Any application made under the provisions of this Development Code may be initiated by the Board or by any interested party unless otherwise indicated in this Development Code.

(b) Submittal Shall Not Constitute a Waiver. The submission of a complete application for land use approval and the participation in and cooperation with the applicable application review process shall not nullify, excuse, or exonerate any violation of the County Code existing on the property or arising from the use of the property for which such application was made. Further, the submission of a complete application for land use approval and the participation in and cooperation with the applicable application review process shall not toll or bar any enforcement action taken by or on behalf of the County to abate, remove, correct, or enjoin any violation of the County Code existing on the property or arising from the use of the property for which such application was made, whether said enforcement action is taken prior to, during, or after the application review process or prior to the granting of the appropriate land-use approval.

(c) Application Submittal Subsequent to an Enforcement Action. Notwithstanding the authority to abate, remove, correct, or enjoin any violation of the County Code that is the subject matter of an application submitted subsequent to the initiation of any enforcement action, the Director may enter into an agreement with an applicant agreeing to stay the commencement or prosecution of an enforcement action. Such agreement may allow an unpermitted use to temporarily continue while a decision on an application and/or appropriate land use approval is pending. Any agreement entered into under this Subdivision shall require the approval of the Director. The Director may grant the approval of an agreement under this Subdivision if the Director, in the exercise of his or her discretion, makes all of the following findings:

(1) The nature, type, and extent of the violation is not adversely affecting the environment, public health, safety, or welfare, and does not constitute a public nuisance for reasons independent of the applicant’s failure to first obtain the appropriate permit, license, and/or approval.

(2) The subject matter of the application is a permitted use within the land use zoning district, subject to approval of the pending application, and would not require an amendment to the General Plan.

(3) The applicant has demonstrated a willingness and ability to obtain the appropriate permit, license, and/or approval in a timely manner.

(4) Any structure(s) and/or the use or occupancy of any structure(s) that is the subject matter of the application meets applicable building regulations, as required for continued occupancy by Title 6 of this Code, and has not been declared unsafe or unfit for occupancy.

(5) There are no unpaid monetary fines, penalties, or liens issued or placed against the property, or any responsible party associated with the property, resulting from any past or current enforcement action by the County.

(d) Agreement Staying Enforcement. A decision on whether the Director should enter into an agreement pursuant to Subdivision (c) may require an investigation by appropriate County staff or agents working on behalf of the County to determine if an agreement is appropriate, and the County may establish and require payment of a fee for said investigation. Any decision made by the Director to approve or disapprove an agreement is final and a nonappealable administrative decision. All agreements approved by the Director shall be revocable in the event an applicant fails to abide by the terms of the agreement, fails to obtain approval to occupy the structure(s) and/or commence the proposed land use within 180 days after the final decision on the application, or to the extent the violation that is the subject of the enforcement action begins to adversely affect the environment, public health, safety or welfare, or constitute a public nuisance for reasons independent of the applicant’s failure to first obtain the appropriate permit, license, and/or approval. The Director may grant an extension of time if a written request for extension is submitted at least 30 days prior to the expiration date and the applicant demonstrates that circumstances beyond the control of the applicant prevent timely approval given the type of land-use approval required and the nature of the violation to be corrected. (Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009; Am. Ord. 4360, passed - -2019)

(a) Evaluation of Proposals by the Development Review Committee (DRC). Development review procedures include evaluation of proposals at a scheduled meeting of the DRC.

(b) Consideration of Design and Proposed Conditions. The DRC meeting allows informal discussions between the applicant, County staff, and others regarding the design and proposed conditions for a given proposal. The DRC provides a recommendation to the applicable review authority.

(Ord. 4011, passed - -2007)

(a) Applications Subject to CEQA. All land use applications that are subject to the California Environmental Quality Act (CEQA) shall be reviewed by the Department in compliance with the County Environmental Review Guidelines.

(b) Environmental Findings Required. Before taking an action to approve a land use application that is subject to CEQA, the Planning Agency shall make one or more environmental findings. The environmental finding(s) is required in addition to the findings specified in this Development Code for each application type.

(c) Greenhouse Gas (GHG) Emissions Review. All land use applications that are subject to CEQA review shall have the potential impacts of the project’s GHG emissions evaluated pursuant to the procedures entitled Review of GHG Emissions, Land Use Service Department Standard Policy/Procedures Manual, Section 9 (Environmental Review Guidelines).

(Ord. 4011, passed - -2007; Am. Ord. 4156, passed - -2011)

When more than one land use decision is required for a single project, all applications may be filed concurrently. (Ord. 4011, passed - -2007)

(a) Forms and Information Packets. Each land use application Forms and Information Packet shall include a list of the information and materials required for the application to be considered complete.

(b) Failure to Provide Required Information. Any application for a land use decision that does not contain the required information and materials, or that is not accompanied by the appropriate application fee in compliance with the County Fee Ordinance, may be rejected as incomplete by the Planning Agency.

(Ord. 4011, passed - -2007)

When the complexity of a land use application warrants it, the applicable review authority or the office given responsibility for accepting the land use application may require that the applicant submit materials and attend necessary conferences or hearings to conduct a preliminary review of a development proposal before the acceptance of the application.

(Ord. 4011, passed - -2007)

(a) Public Hearing or Staff Review with Notice Procedures. Upon receipt of a request for a land use decision that utilizes the public hearing or staff review with notice procedures, the applicable review authority shall give notice specifying the time and place for the decision at least ten calendar days before the date of the scheduled land use approval/denial by the following applicable methods:

(1) Notice shall be published once in a newspaper of general circulation in the respective community of the proposal for the following land use decisions using the public hearing procedure:

• (A) Amendments to the text of the General Plan or a specific plan.

• (B) Development Code amendments.

• (C) General Plan map amendments.

• (D) Subdivisions, where a tentative and final map are required.

• (2) Notice shall be given by first class mail to any person who has filed a written request for a specific application.

(3) Notice shall be given by first class mail or delivery to all surrounding property owners within a certain distance of the exterior boundaries of the subject site for land use decisions using the public hearing or staff review with notice procedures. The distances shall be in compliance with the Table 85-2 (Distance Requirements of Noticing Purposes), below.

(4) Notice shall be given by first class mail or delivery to all contiguous property owners for land use decisions using the staff review with notice procedures.

(5) Notice shall also be given, as required by Government Code § 66451.3, in the case of a conversion of residential real property to a community apartment project, condominium project, or stock cooperative.

(6) Notice may be given in any other manner as is deemed necessary or desirable by the Director.

(b) Required Information for Notices. The notice shall include sufficient information to give those receiving the notice a reasonable opportunity to evaluate the implications of the proposal and to participate in the decision making process. Furthermore, notices for land use decisions involving subdivisions for which a tentative and final map are required shall inform the recipient of their right to request, before the noticed land use decision date, that the proposal be reviewed by the County under the public hearing procedures.

(c) One-Eighth Page Optional Notice. An one-eighth page legal display advertisement in a newspaper of general circulation may be substituted for individual property owner notice whenever the individual notice would require notification of more than 1,000 property owners.

(d) Ownership and Addresses of Properties. Ownership and addresses of contiguous and surrounding properties shall be determined from the latest equalized tax assessment role or from other records of the County Assessor or County Tax Collector, whichever contains more recent information.

(e) Continued Hearings. During the public hearing, items that are continued by the review authority to a specific date shall not be re-noticed unless specifically requested by the review authority.

(Ord. 4011, passed - -2007)

In approving an application for a land use decision, the review authority may establish reasonable conditions to its approval that are found to be necessary to protect the public health, safety, and general welfare that are consistent with the General Plan and this Development Code. In an application made subsequent to the initiation of any enforcement action by the County concerning the use of land, a structure(s), and/or the use or occupancy of a structure(s) (as set forth in § 86.09.050) that is the subject matter of that enforcement action, the review authority may establish different time limits as a condition of approval in accordance with § 86.06.060(a). Conditions of approval may be changed through the Chapter 85.12 (Revisions to an Approved Action).

(Ord. 4011, passed - -2007; Am. Ord. 4360, passed --2019)

Any development project defined in Government Code §§ 65927 and 65928, which is automatically approved in compliance with Government Code § 65956, shall be approved subject to all of the following standard conditions:

• (a) Allowed Uses. The development project shall be an allowed use in the applicable land use zoning district.

(b) Compliance with Plans and Development Code Required. The development project shall be consistent with the General Plan, any applicable specific plan, and this Development Code.

(c) Compliance with Public Health, Safety, and Welfare Requirements. The development project shall comply with the public health, safety, and welfare requirements of other public agencies. These agencies include the County

Department of Public Works, Fire Department, Special Districts Department and Divisions of Environmental Health Services and Building and Safety.

(d) Failure to Comply. Any automatic approval of a development project shall become null and void unless all conditions imposed by this Section have been fully complied with, and the occupancy, use of the land, and use of the

proposed or existing structure(s) authorized by the automatic approval, has taken place within 36 months after the date of the automatic approval.

(Ord. 4011, passed - -2007)

(a) Provision of Notice. Within ten days of a final decision on an application for a permit or other approval required by this Development Code, the County shall provide notice of its final action to the applicant and to any person(s) who specifically requested notice of the County’s final action and has provided a self addressed stamped envelope. (b) Contents of Notice. The notice shall contain the final decision by the review authority. (Ord. 4011, passed - -2007)

(a) An application shall expire and be considered abandoned 180 days after the last date that additional information, revisions, or funds (items) are requested, if the applicant has failed to provide the items requested, except as set forth below:

(1) Special Studies . Whenever special studies (e.g., CEQA, etc.) are requested by the County that are reasonably expected to take longer than 180 days to complete, the application will not be considered inactive on the basis of the time required to complete such special studies. Staff will estimate a completion date and should these studies be delayed beyond the initial projected completion date, a new projected date of completion shall be established after which the application shall expire and be considered abandoned in 180 days if no action occurs on the project.

(2) The Director may grant one 90-day extension if the following criteria are met:

(A) A written request for extension is submitted at least 30 days prior to the expiration date;

(B) The applicant demonstrates that circumstances beyond the control of the applicant prevent timely submittal of the requested revisions or information; and

(C) The applicant provides a reasonable schedule for submittal of the requested revisions or information.

(3) At the sole discretion of the Director, the Department may extend any expiration date, as set forth in this Subdivision (a), of an application without a written request from an applicant when additional time for County processing or scheduling of appointments is required; when the Department needs information or responses from other agencies; or under other similar circumstances as determined by the Director or authorized designee thereof.

(b) Notwithstanding Subdivision (a), an application made subsequent to the initiation of any enforcement action by the County concerning the use of land, a structure, and/or the use or occupancy of a structure(s) (as set forth in § 86.09.050) that is the subject matter of that enforcement action, shall be deemed abandoned if the Director determines, in the exercise of his or her discretion, that the applicant has failed to substantially comply with the application process in a timely manner, given the type of land-use approval required and the nature of the violation(s) to be corrected. The submission of requested items in a piecemeal fashion resulting in unnecessary delays shall constitute prima facie evidence of the applicant’s failure to substantially comply with the application process in a timely manner. The Department shall provide written notice to the applicant of any determination of expiration under this

Subdivision. Following the abandonment of an application pursuant to this Subdivision, the County may continue with the enforcement action unless the subject matter of that enforcement action has already been abated, removed, corrected, or enjoined pursuant to § 85.03.020, Chapter 86.09, or any other provision of this Code. (Ord. 4244, passed - -2014; Am. Ord. 4360, passed - -2019)