§ 22.60

This Chapter provides requirements and procedures for the preparation, filing, and processing of applications for the land use permits required by this Title. This Chapter also sets time limits for application processing, the establishment of approved land uses, commencement of construction and project completion. [22.02.020]

Table 6-1 (Review Authority) identifies the County official or body responsible for reviewing and making decisions on each type of application, land use permit, or other approvals required by this Title.

TABLE 6-1 REVIEW AUTHORITY

;sz=8q;Notes:

(1)

"Recommend" means that the Review Authority makes a recommendation to a higher decision-making body; "Decision" means that the Review Authority makes the final decision on the matter; "Appeal" means that the Review Authority may consider and decide upon appeals to the decision of an earlier decisionmaking body, in compliance with Section 22.70.050 (Appeals).

(2)

The Director may refer any matter subject to his/her decision to the Commission, so that the Commission may instead make the decision.

A.

Land use permit. If a proposed project involves multiple land uses, project authorization may be obtained by means of a single permit application for the highest permit level required for any of the individual uses. (For example. A commercial center of several stores, proposed to contain a use requiring Conditional Use Permit approval and two uses requiring Site Plan Review, may be authorized by a single Conditional Use Permit approval.)

B.

Land division and lot line adjustment.

1.

Where a land use permit is required in conjunction with a land division application, the Review Authority that would otherwise grant the land use permit shall take action.

2.

Where a land use permit is not required in conjunction with a land division application but is being processed concurrently with the application, the action on the land use permit is delegated to the advisory agency that will take action on the land division or lot line adjustment application.

[Amended 1994, Ord. 2696] [22.02.027]

22.60.040 - Application Preparation and Filing.

A.

Pre-application conference. The applicant or their representative is encouraged to request a pre-application conference with the Department of Planning and Building as early in the process as possible (i.e., prior to any substantial investment such as land acquisition and site engineering and construction plans), subject to the applicable fee. During the conference, Department representatives, and where applicable, representatives from other County departments, should discuss applicable policies, plans, standards, and requirements as they apply to the proposed project, review the appropriate procedures for processing the application and examine possible alternatives or modifications relating to the proposed project. Land use, land division and lot line adjustment applications are subject to a public hearing and are discretionary. Action on an application by the Review Authority may differ from the opinion given by staff during the preapplication conference. [Added 1994, Ord. 2696] [22.02.021]

B.

Application contents. Land use permit applications shall be filed with the Department of Planning and Building using the forms provided by the Department, and shall include all other information and materials required by the Department. It is the responsibility of the applicant to provide information in support of any findings required by this Article or Article 7 for the approval of the permit or other entitlement being requested. [22.02.030a]

C.

Fees required. Permit applications filed in compliance with this Title shall include the required filing fee at the time of submittal. The required filing fee is determined by the County Fee Ordinance. [22.01.034]

D.

Additional information required. Site Plan Review, Minor Use Permit, and Conditional Use Permit applications shall include the following information in addition to the other application content requirements of this Article, prior to acceptance of the application as complete. Some or all of these requirements may be waived by the Director in compliance with Subsection E. Where the applicant volunteers to complete an environmental impact report (EIR) in compliance with the requirements of CEQA, the additional information required by this Subsection may be fulfilled as part of the EIR completed for the project.

1.

Agricultural buffers. Where there is an existing agricultural use taking place on adjacent parcels and the applicant proposes an agricultural buffer, the buffer shall be shown on site plan, and incorporated into the site design or the lot configuration of the proposed land division.

2.

Archeological report. The applicant shall provide an archeological surface search, prepared by a qualified individual approved by the Director.

3.

Botanical report. The applicant shall provide a botanical report, prepared by a qualified individual approved by the Director.

4.

Biological report. The applicant shall provide a biological report, prepared by a qualified individual approved by the Director.

5.

Building site envelopes. Any proposed building sites that minimize grading, tree removal and other potential adverse impacts, or any areas proposed for exclusion from construction activities, shall be shown on the site plan for existing or proposed parcels larger than 10,000 square feet to demonstrate how the future development of the site(s) relates to the other information required by this Section.

6.

Noise study. Where required by the Noise Element or where the project adjoins a potential noise generator, a noise study shall be required to be prepared by a qualified individual approved by the Director.

7.

Tree inventory plan. The applicant shall provide a tree inventory plan that locates all trees, on a site plan, their size and species and any proposed for removal. The plan shall also include proposals for replacement

of trees to be removed. In areas where no trees are proposed for removal, the limits of the wooded area may be designated by the outline of the canopy.

8.

Visual analysis. For applications that propose development along significant visual corridors, as identified in the Open Space Element or the Land Use Element, a visual analysis shall be required to be prepared by a qualified individual approved by the Director.

9.

Other information. To be based on the list(s) maintained by the Department of Planning and Building, as allowed by Government Code Section 65940, as required for specific cases to allow adequate review of the proposal, and determine consistency with the General Plan and other applicable ordinances.

[Added 1992, Ord. 2553] [22.02.035]

E.

Waivers of content. Some or all of these requirements may be waived by the Director upon receipt of a written request stating the specific conditions on the site that negate the need for the additional information, the unusual characteristics of a project site or the nature of a project make it infeasible or unnecessary for the applicant to submit all of the information for a permit application required by this Title, or that the information is available in the Department of Planning and Building and this makes the provision of the additional information unnecessary. If the Director finds any of the above circumstances, the Director may waive or reduce the requirements if it is also found that the absence of the documentation will not reduce the ability of the Director to evaluate the compliance of the proposed project with the standards of this Title.

[Amended 1986, Ord. 2250] [22.02.024]

Applications filed with the Planning and Building Department in compliance with this Title and applicable provisions of State law shall be processed as follows.

A.

Completeness review. Within the time periods specified by this Section, the Director shall determine whether a land use permit application includes the information required by this Chapter and any information required by the lists maintained by the Department, as allowed by Government Code Section 65940, which specify in detail information required to be submitted prior to the department's determination of whether an application is complete, and shall notify the applicant of the results of that determination. The applicant shall be informed by a letter either; that the application has been accepted for processing, or that the application is incomplete. If the application is determined to be incomplete, the letter shall specify the parts of the application that are incomplete and shall indicate the manner in which the application can be made complete, including a list and description of specific information needed.

Zoning Clearances. The determination of completeness shall occur at the time of application filing. No Zoning Clearance application shall be accepted for processing unless it is determined to be complete at the time of filing.

2.

Site Plan Review, Minor Use Permits, and Conditional Use Permits. The determination of completeness shall occur in compliance with the procedures and time limits set forth in Government Code Section 65943.

When an applicant is notified that an application is incomplete, the time used by the applicant to prepare and submit the additional information shall not be considered part of the period within which the Director must determine completeness. The time available to an applicant to prepare and submit additional information is limited by Section 22.64.030 (Application Deemed Withdrawn). When information requested to complete an application is received by the Director, the information shall be reviewed for adequacy within the same time frame required for the initial completeness review by Subsections A.1 and A.2 for the respective application type.

[Amended 1992, Ord. 2553] [22.02.022]

B.

Referral. Planning and Building Department review of applications filed in compliance with this Chapter will include notification of the following agencies. The purpose of notification shall inform interested agencies of proposed projects that may affect their jurisdictions so that the agencies may provide comments on development proposals.

1.

Air Pollution Control District (APCD): The APCD shall be notified in compliance with Section 22.10.030 (Air Pollution Control District Review).

2.

Public Works Department. The County Public Works Department shall be notified of all Site Plan Review, Minor Use Permit and Conditional Use Permit applications regarding matters of drainage, flood hazards, water and sewer facilities, public street access and improvements, and surface mining operations conducted on behalf of the County.

3.

Fire Department. County fire protection agencies including the County Fire Department, the various county fire protection districts and the California Department of Forestry shall be notified of all Site Plan Review, Minor Use Permit and Conditional Use Permit proposals within their respective jurisdictions.

4.

Health Department. The County Health Department shall be notified of land use proposals in compliance with Section 8.06.010 (Construction Plans Required) of this code, or any case where a proposed use will involve toxic or hazardous materials in larger than household quantities.

5.

Incorporated cities. The incorporated cities of the County shall be notified of all Site Plan Review, Minor Use Permit and Conditional Use Permit proposals in or within one mile of their respective urban reserve lines, or other area defined by agreement between the County and City.

6.

Regional Water Control Board. The Regional Water Quality Control Board shall be notified in compliance with Section 22.10.090 (Water Quality).

7.

Special districts. Special districts, Including community services districts, school districts and sanitary districts shall be notified in the same manner as incorporated cities.

8.

Public utilities. Public utility companies including but not limited to providers of water, gas, telephone and electrical services shall be notified of all Site Plan Review, Minor Use Permit and Conditional Use Permit applications.

[Amended 1992, Ord. 2553] [22.02.026]

Chapter 22.62 - PERMIT APPROVAL OR DISAPPROVAL