§ 23.02

This chapter lists the land use permits required by this title, describes how such permit applications shall be processed by the Planning Department, and what information must be included with an application submitted for processing. This chapter also sets time limits for application processing, the establishment of approved land uses, commencement of construction and project completion. Chapter 23.03 of this title determines what land use permit is required to enable establishing a land use designated allowable by the Land Use Element. Chapter 23.07 sets permit requirements for land uses in the combining designations of the Land Use Element; and Chapter 23.08 sets permit requirements for uses designated by the Land Use Element as allowable subject to special standards ("S" uses).

The applicant or his representative is encouraged to request a pre-application conference, subject to the applicable fee, with staff of 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). 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 the application by the Review Authority may differ from the opinion given by staff during the pre-application conference.

[Added 1995, Ord. 2715]

Within the time periods specified by this section, the Planning Director shall determine whether a land use permit application includes the information required by this chapter and any information required by the list(s) maintained by the Department of Planning and Building, as allowed by Government Code Section 65940, which specify in detail the 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.

a.

Plot Plans. The determination of completeness shall occur at the time of application filing. No Plot Plan application shall be accepted for processing unless it is determined to be complete at the time of filing.

b.

Minor Use Permits, and Development Plans. The determination of completeness shall occur pursuant to 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 Planning Director must determine completeness. The time available to an applicant to prepare and submit additional information is limited by Section 23.02.056 (Application Deemed Withdrawn). When information requested to complete an application is received by the Planning Director, the information shall be reviewed for adequacy within the same time frame required for the initial completeness review by subsections a and b above for the respective application type.

[Amended 1995, Ord. 2715]

The Planning Director may find that 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 Sections 23.02.030 through 23.02.034 of this title. In such cases, the Planning Director may waive or reduce the requirements if it is also found that the absence of such documentation will not reduce the ability of the Planning Director to evaluate the compliance of the proposed project with the standards of this title.

Planning Department review of applications filed pursuant to this chapter will include notification of the following agencies. The purpose of notification is to inform interested agencies of proposed projects that may affect their jurisdictions so that such agencies may provide comments on significant development proposals.

a.

Air Pollution Control District (APCD): To be notified as set forth in Section 23.06.082 (Air Pollution Control District Review).

b.

California Coastal Commission: To be notified of Minor Use Permit and Development Plan applications and proposed amendments to the Local Coastal Program.

c.

Engineering Department: The county Engineering Department is to be notified of all Minor Use Permit and Development Plan 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.

d.

Fire Department: County fire protection agencies including the county Fire Department, the various county fire protection districts and the California Department of Forestry are to be notified of all Minor Use Permit and Development Plan proposals within their respective jurisdictions.

e.

Health Department: The county Health Department is to be notified of land use proposals pursuant to Section 8.06.010 (Construction Plans Required) of the County Code, or any case where a proposed use will involve toxic or hazardous materials in larger than household quantities.

f.

Incorporated cities: The incorporated cities of the county are to be notified of all Minor Use Permit and Development Plan proposals in or within one mile of their respective urban reserve lines, or other area defined by agreement between the county and city.

g.

Regional Water Quality Control Board: To be notified as set forth in Section 23.06.100 (Water Quality).

h.

Special Districts: Including community services districts, school districts and sanitary districts are to be notified in the same manner as incorporated cities.

i.

Public Utilities: Public utility companies including but not limited to providers of water, gas, telephone and electrical services are to be notified of all Minor Use Permit and Development Plan applications.

[Amended 1995, Ord. 2715]

a.

Land use permit. Whenever a proposed project involves multiple 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 Development Plan approval and two uses requiring Minor Use Permit approval, may be authorized by a single Development Plan approval.)

b.

Land division and lot line adjustment.

(1)

Where a land use permit is required in conjunction with a land division application, Section 23.02.034c shall apply.

(2)

Where a land use permit is not required in conjunction with a land division application but is being processed concurrently with said 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 1995, Ord. 2715]

Where required by this title, zoning clearance is a verification by the Department of Planning and Building that business license applications, certain proposed new uses of existing buildings and other activities are in compliance with this title and the Local Coastal Program. In such cases, zoning clearance will enable approval of a business license pursuant to Title 6 of this code, establishment of a proposed use, or conduct of a proposed activity pursuant to any other authorizations required by this code or other public agencies, and subject to all applicable provisions of this title. In cases where a construction permit is required by Title 19 of this code, a zoning clearance required by this title for the same project is processed and approved as part of the construction permit application and review process.

a.

Zoning clearance application and content: Zoning clearance applications shall include the same information required by Sections 23.02.030a, b., and c. of this title (Plot Plan).

b.

Zoning clearance review and approval: The planning director shall approve a zoning clearance application when the proposed project, use, building or activity for which zoning clearance is required satisfies all applicable provisions of this title and the Local Coastal Program.

c.

Zoning clearance for business license applications. Notwithstanding the provisions of subsection b. of this section, no business license application shall be approved by the Planning Director unless the proposed site and land use satisfy the following requirements, as applicable:

(1)

Applications subject to review. The provisions of this section apply to business license applications that:

(i)

Propose a new business; or

(ii)

Involve a change of use in an existing structure; or

(iii)

Renew a license for a business using leased off-site parking.

(2)

Criteria for approval of all licenses. Approval of all business license applications reviewed by the Planning Director shall satisfy the following criteria:

(i)

Use. The proposed use has been authorized by an approved land use permit; or where a zoning clearance for a business license application is the only authorization required by this title, the proposed use is allowed in the land use category that applies to the site, and is also allowed by any Land Use Element combining designation or planning area standard applicable to the site; or is a nonconforming use pursuant to Chapter 23.09 of this title.

(ii)

Structure. The Building Official certifies that the structure conforms to all applicable requirements of Title 19, evidenced by a Certificate of Occupancy.

(iii)

Operational standards. The proposed use will be in conformance with the operational standards in Chapter 23.06 (Health and Safety), of this title.

(iv)

Violation. The proposed site and any structures or land uses existing on the site are not in violation of any applicable provision of this title or this Code.

(3)

Re-use of existing structures. Approval of a zoning clearance for a business license application that proposes establishment of a new (different) business in an existing building or structure shall be subject to the provisions of subsection c(2) above, and in addition shall be subject to the following:

(i)

Parking. The proposed business site shall contain the number of off-street parking spaces, driveway and parking lot improvements as required by Section 23.04.160 (Parking); except as otherwise provided by Section 23.09.036 (Nonconforming Parking).

(ii)

Signing. All signing on the proposed site is to be in conformity with Section 23.04.300 (Signing), and Section 23.09.032 (Nonconforming Signs).

(4)

New uses. Approval of a zoning clearance for a business license that proposes the first occupancy of a new building or structure shall require compliance with the provisions of subsections c(1) and c(2) of this section, and in addition shall be subject to the following:

(i)

Landscape, fencing, and screening. All landscape, fencing, and screening on the proposed site is to be in conformance with Sections 23.04.180 et seq. (Landscape) and Section 23.04.190 (Fencing and Screening).

(ii)

Site development standards. The site shall conform to requirements for drainage, fire protection, curbs, gutters and sidewalks as required by Chapter 23.05 (Site Development Standards).

[Amended 1993, Ord. 2649; 1995, Ord. 2715]

A Plot Plan is a ministerial land use permit. When a Plot Plan is required by the Land Use Element or this title to authorize a development proposal, its approval certifies that the land use or development will satisfy all applicable provisions of the Coastal Zone Land Use Ordinance. In cases where a construction permit is required by Title 19 of this Code, Plot Plan approval functions as a "Zoning Clearance" (pursuant to Section 23.02.028) and is processed and approved as part of the construction permit application and approval process. Approval of a Plot Plan enables the establishment of a land use that does not require a construction permit but is still subject to the standards of this title.

a.

Plot Plan application: Plot Plan applications are to include the forms provided by the Planning Department, and the drawings listed in subsection b below. Drawings must be neatly and accurately prepared, at an appropriate scale that will enable ready identification and recognition of submitted information.

b.

Plot Plan content: Plot Plan applications shall include a site layout plan containing the following information, using multiple sheets if necessary, except as provided by Section 23.02.024 (Waivers of Content):

(1)

Site location and dimensions: Location, exterior boundaries and dimensions of the entire property that is the subject of the application. Scale of the drawing and a north arrow. Outside of the urban or village reserve lines identified by the Land Use Element, include an area location map showing the proposed

project site and its distance from nearby roads, towns, and natural or man-made landmarks, as necessary to readily locate the site.

(2)

Road access and street improvements: Location, name, width, and type of surfacing of adjacent street(s) or alley(s). Location of existing or proposed curbs, gutter and sidewalk improvements, if any. Evidence documenting that the site has legal access to a public road and has or will be provided adequate allweather physical access with completion of the development.

(3)

Buildings and structures: Location, dimensions, and use of all existing and proposed structures on the property, including accessory structures, decks, balconies, fences, walls and other structural elements that protrude into yard areas (when the use of a proposed structure is not certain at the time of application, the occupancy-type as defined by the Uniform Building Code may be substituted for use); height of buildings and structures; elevations 23.02.030 (relative height) from the finish floor of the garage or other parking area to the edge of the pavement or road at the driveway entrance.

(4)

Easements: Location, dimensions and purpose of all recorded easements on the property, including but not limited to utility, drainage, access easements, etc.

(5)

Utilities: Location, dimensions and type of proposed water supply and sewage disposal facilities or connections.

(6)

Site improvements: Location and dimensions of existing or proposed driveways and parking areas (enclosed or open), including type of surfacing materials; and identification of any driveway grades over 10 percent. Location and dimensions or areas proposed for grading and site disturbance. Where landscape plan is required pursuant to Section 23.08.182, show compliance with the landscape requirements of Sections 23.04.180, et seq.

(7)

Landforms: The generalized location of any major topographic or man-made features on the site, such as rock outcrops, bluffs, streams and watercourses, or graded areas.

(8)

Additional information: To be included with Plot Plan applications as required in the following specific cases, in addition to all other information required by this section.

(i)

Combining designation information. When required by Chapter 23.07 for sites within a combining designation identified by the Land Use Element.

(ii)

Drainage plan. When required by Section 23.05.040 et seq. (Drainage, or Chapter 23.07 Combining Designations).

(iii)

Fire safety plan. When required by Section 23.05.080 (Fire Safety), to be submitted for projects outside the urban or village reserve lines.

(iv)

Grading plan. When required by Section 23.05.020 (Grading).

(v)

Planning area requirements. An application shall also include all information required by planning area standards of the Land Use Element for a specific community or area of the county.

(vi)

Sign information. When any use is proposed to have signs, a description of their location, size, design and copy is to be provided.

(vii)

Special standard requirements. An application shall also include all information required by the special standards of Chapter 23.08 of this title for a special use, or by other chapter of this title.

(viii)

Solid waste disposal information: As required by Section 23.04.280.

(ix)

Trees. Applications for projects within urban or village reserve lines, or where required by planning area standards, are to show the location of trees existing on the site in or within 50 feet of proposed grading or other construction, which are eight inches or larger in diameter at four feet above natural grade. Trees proposed to be removed are to be noted (any tree removal is subject to the requirements of Section 23.05.060 - Tree Removal).

c.

Ownership verification. Plot Plan applications shall include evidence that the applicant is the owner of the subject site or has written authorization from the owner or owners to make such application.

d.

Public notice. Public notice of a Plot Plan application shall be provided as set forth in Section 23.02.070 (Notice of Non-Appealable Developments), except for development which is categorically excluded pursuant to Section 23.03.044 of this title.

e.

Plot plan review and approval: The Planning Director shall approve a Plot Plan application when the proposed project or use satisfies all applicable provisions of this title. (In approving a Plot Plan that designates occupancy type rather than use, the Planning Director will supply the applicant a list of uses that can be accommodated by the building and site improvements proposed, consistent with the requirements of this title.)

f.

Plot Plan processing - Appealable development. A Plot Plan application for a project that is appealable to the Coastal Commission pursuant to Section 23.01.043c shall be processed as a Minor Use Permit (Section 23.02.033), except accessory dwelling units.

[Amended 1993, Ord. 2649; 1995, Ord. 2715; 1996, Ord. 3098 (modified by CCC)]

[Amended 2020, Ord. 3410]

The purpose of a Minor Use Permit is to satisfy the notice and public hearing requirements established by the California Coastal Act for Plot Plans and other appealable land use permits; enable public review of significant land use proposals which are not of sufficient magnitude to warrant Planning Commission review; and to insure the proper integration into the community of land uses which, because of their type or intensity, may only be appropriate on particular sites, or may only be appropriate if they are designed or laid out in a particular manner. The Minor Use Permit process shall include the opportunity for a public hearing before the Planning Director. Plot Plans that are required to be processed as Minor Use Permits pursuant to Section 23.02.030f of this title, and are subject to a public hearing pursuant to subsection b(4)(ii), may be scheduled for public hearings as consent agenda or regular agenda items at the sole discretion of the Planning Director. Action on a Minor Use Permit is discretionary, and may include: approval based on the standards of this title; approval with conditions; or disapproval, based on conflict with the provisions of this code, or information in the Tentative Notice of Action or public hearing testimony. When Minor Use Permit approval is required by this title, preparation and processing of the application shall be as follows: [Amended 1995, Ord. 2740]

a.

Application content. The content of a Minor Use Permit application shall be the same as for Plot Plans (Section 23.02.030a through c.), and shall also include the following information:

(1)

Preliminary floor plan: For all structural uses except single residences and agricultural accessory buildings; and

(2)

Architectural elevations: For all structural uses except single residences and agricultural accessory buildings, provide illustrations of how the completed buildings will appear, such as elevations, renderings or perspectives of each proposed structure, identifying the color, texture and type of all exterior finish and roofing materials; and

(3)

Adjacent land use information: For all uses except single residences, the location, use and approximate dimensions of buildings within 100 feet of the site; and

(4)

Landscape plan: To be prepared as required by Sections 23.04.180 et seq. (Landscape), for all applicable projects pursuant to Section 23.04.182; and

(5)

Contour map: To be prepared as follows, except when a grading plan is required by Section 23.05.028 (Grading):

(i)

Inside urban reserve lines: Provide site contour information at five-foot intervals for undeveloped areas and two-foot intervals for building sites and paved or graded areas.

(ii)

Outside urban reserve lines: Provide site contour information at 10-foot intervals (which may be interpolated from USGS Topographic Quadrangle Maps) for undeveloped areas, and at two-foot intervals for building sites and paved or graded areas.

(iii)

Areas in excess of 30% slope: May be designated as such and contours omitted, unless proposed for grading, construction or other alteration.

(6)

Supplementary development statement: Including a phasing schedule for project construction if proposed, and identification of any areas proposed to be reserved and maintained as common open space. Applications for special uses (Chapter 23.08) are to include explanation of how the applicable provisions of Chapter 23.08 will be met.

(7)

Reduced drawings. Site plan applications shall include one copy each of the site layout plan and architectural elevations (if any), reduced to 8-1/2 by 11 inch sheets to facilitate the transmittal of such information on the proposed project to responsible agencies for their review.

(8)

Public access locations. Applications for projects between the ocean and the nearest public road shall include the mapped locations of nearest public access points to the project. Applications shall also show the mapped locations of any existing public access easements or recorded offer to dedicate public access easements on the subject property.

(9)

Cross-section drawings: An application for a project within a special community or small-scale neighborhood identified in Chapter 23.11 of this title shall include two sectional views of the project, approximately through the middle and at right angles to each other. Show existing and proposed grades and the location of and distances between buildings, parking and landscaping.

(10)

Mailing list. A list of names and addresses of all owners of real property within 300 feet as shown on the latest equalized assessment role, and residents within 100 feet of the perimeter of the parcel to be developed. This list shall be typed on gummed labels.

b.

Minor Use Permit processing. Minor Use Permit applications shall be filed with the Planning Department, and shall be processed as follows:

(1)

Environmental determination. When a Minor Use Permit application has been accepted for processing as set forth in Section 23.02.022 (Determination of Completeness), it shall be subject to an environmental determination as required by the California Environmental Quality Act (CEQA). No action shall be taken to approve or conditionally approve the application until the environmental determination results in:

(i)

A statement by the Environmental Coordinator that the project is exempt from the provisions of CEQA; or

(ii)

Approval of a negative declaration by the decision-making body pursuant to CEQA; or

(iii)

Certification of a final environmental impact report (EIR) by the decision-making body pursuant to CEQA. If an EIR is required, the project shall be processed and authorized only as a Development Plan (Section 23.02.034). Where no EIR is required, Minor Use Permit processing is to be as described in this section.

(2)

Public hearing procedure. Where an application is subject to a public hearing pursuant to subsection b(4) (ii), the following shall apply

(i)

Regular agenda. Except as provided by subsection (b)(2)(ii) below, all Minor Use Permits shall be heard as regular agenda items.

(ii)

Consent agenda. Projects that would normally be required by Section 23.03.042 or Chapter 23.08 of this title to have Plot Plan approval, but are required to have a public hearing pursuant to Section 23.02.030f. because they constitute development that may be appealed to the Coastal Commission pursuant to Section 23.01.043, may be listed upon the Minor Use Permit hearing agenda and acted upon as a consent agenda item, at the sole discretion of the Planning Director.

(iii)

Referral to Planning Commission:

(a)

At the discretion of the Planning Director, any Minor Use Permit application for a project that may generate substantial public controversy or involve significant land use policy decisions may be referred to the Planning Commission for review and decision in the same manner as a Development Plan (Sections 23.02.034b and c.), without the applicant being charged an additional application fee.

(b)

An applicant may also choose that a Minor Use Permit application be subject to Planning Commission review and decision as a Development Plan, provided that an additional fee in an amount equivalent to the difference between the fees for Minor Use Permit and Development Plan is first paid. Such request by the applicant shall be filed with the Planning Director in writing before notice of the administrative hearing is provided pursuant to subsection b(4) of this section.

(3)

Tentative Notice of Action. Except for projects determined to be consent agenda items, the Planning Director shall cause a Tentative Notice of Action to be prepared. The tentative notice shall:

(i)

Identify the proposed project and applicant;

(ii)

Describe the relationship of the project to applicable county land use and development policies and ordinances;

(iii)

Cite all relevant findings to be made in connection with the action on the project;

(iv)

Note whether the tentative action is to be approval, approval subject to conditions or disapproval of the Minor Use Permit; and

(v)

List any applicable conditions of approval.

(vi)

Note that the tentative decision will become the final action on the project, effective on the 15th day following the administrative hearing, unless the tentative decision is changed as a result of information obtained at the hearing or is appealed pursuant to Section 23.01.042 or 23.01.043.

The Tentative Notice of Action shall be mailed to the applicant no later than 15 days before the administrative hearing. The Tentative Notice of Action may also be provided any other interested persons upon request, subject to the fees set by the Board of Supervisors.

(4)

Administrative hearing. A public hearing before the Planning Director on each Minor Use Permit shall receive public notice and be conducted as follows:

(i)

Notice of hearing. Notice of public hearing shall be given as provided by Section 23.01.060 except as follows:

(a)

Content of notice. In addition to the information required by Government Code Section 69094, the notice shall declare that the application will be acted on without a public hearing if no request for a hearing is made pursuant to subsection (ii) of this section.

(b)

Method of notice distribution. Notice of public hearings shall be given as provided by Section 23.01.060a(2).

(ii)

Public hearing. A public hearing on a Minor Use Permit shall occur only when a hearing is requested by the applicant or other interested person(s). Such request shall be made in writing to the Planning Director no later than 7 before the date of the meeting specified in the public notice provided pursuant to subsections (i)(a) and (b) of this section or within 10 days from the date of the notice, whichever comes later. In the event a public hearing is requested, the Minor Use Permit shall be scheduled for a hearing on the date and time as defined in the public notice. The Director has the authority to continue an item to the next meeting date where there is a conflict with exiting plans and ordinances, even where no public hearing has been

requested. The applicant and any interested parties shall be notified of the continuance, and notice of the continued hearing shall be provided in accordance with Section 23.01.060c.

(5)

Final decisions on Minor Use Permits. Immediately after the conclusion of public testimony in the case of a public hearing, or no sooner than the date of the meeting specified in the public notice provided pursuant to subsections b(4)(i)(a) and (b), the Planning Director shall:

(i)

Announce that the decision on the project is the final administrative action on the proposed project and that the Minor Use Permit will become effective as set forth in subsection e. of this section unless appealed; or

(ii)

Announce that the tentative decision is changed as a result of information provided at the administrative hearing and whether the final decision is approval, conditional approval or denial; or

(iii)

Continue the hearing to a date certain to provide additional time to evaluate information obtained at the hearing prior to a final decision; and

(iv)

In the event final action is taken notify interested persons of the procedures by which the decision of the Planning Director may be appealed.

c.

Minor Use Permit approval or disapproval. The authority to take final action on a Minor Use Permit as set forth in this subsection is assigned to the Director of Planning and Building for the purposes of this section, pursuant to Section 23.01.040b and the authority established by Government Code Sections 65900 et seq.. Decisions by the director on Minor Use Permits may be appealed pursuant to Section 23.01.042.

(1)

Criteria for approval. A Minor Use Permit shall be approved only where the proposed use satisfies all applicable provisions of this title, including but not limited to the findings in Section 23.02.034c.

(2)

Authority for action. Approval or disapproval of a Minor Use Permit shall occur in the same manner and with the same discretion and effect as set forth for Development Plans in Section 23.02.034c, provided that all authority to reach decisions, make findings, and impose conditions of approval pursuant to Section 23.02.034c is assigned to the Planning Director.

d.

Notice of Final Action. Within seven days of the administrative hearing and the expiration of the time period for appeals to the Planning Commission or Board of Supervisors, the Director shall prepare a written Notice of Final Action. The Notice of Final Action shall include the Tentative Notice of Action described in subsection b(3) of this section and shall also describe any changes to the tentative action as a result of the administrative hearing (if held), including the final action itself. The notice of final action shall also include the findings or conditions of approval resulting from the hearing, a determination if the decision is appealable to the Coastal Commission, the procedures for appealing the local decision to the Coastal Commission (if applicable), and the effective date of the Minor Use Permit. The notice shall be mailed to the applicant and the Coastal Commission. The notice shall be prepared and mailed so as to also satisfy all applicable provisions of Section 23.02.036, and:

(1)

Regular items. The notice shall also include the Tentative Notice of Action described in subsection b(3) of this section.

(2)

Consent items. The notice shall state that the Minor Use Permit was heard as a consent agenda item.

(3)

Other items. The notice shall state that the Minor Use Permit was approved by the Director no sooner than 10 days after the date of the public notice provided pursuant to subsections b(4)(i)(a) and (b).

e.

Effective date of Minor Use Permit. Except as otherwise provided by Section 23.01.043 for projects that may be appealed to the Coastal Commission, the approval of a Minor Use Permit shall become effective for the purposes of construction permit issuance, business license clearance, or establishment of a nonstructural use, on the 15th day following the act of Director's approval, unless an appeal is filed as set forth in Section 23.01.042. Minor Use Permits appealable to the Coastal Commission shall become effective only after the provisions of Section 23.02.039 (Effective Date of Land Use Permit for an Appealable Project) are met.

[Amended 1993, Ord. 2649; 1995, Ord. 2715; 1995, Ord. 2740; 2004, Ord. 2999; 2004, Ord. 3001]

The purpose of a Development Plan is to: enable public review of significant land use proposals; and to insure the proper integration into the community of land uses which, because of their type or intensity, may only be appropriate on particular sites, or may only be appropriate if they are designed or laid out in a particular manner. The Development Plan process includes a public hearing before the Review Authority. Action on a Development Plan is discretionary and may include: approval based on the standards of this title; approval with conditions; or disapproval, based on conflict with the provisions of this code, or information in the staff report or public hearing testimony. When Development Plan approval is required by this title, preparation and processing of the application shall be as follows:

a.

Development Plan content. The content of a Development Plan application is to be the same as required for Minor Use Permits by Section 23.02.033.

b.

Development Plan processing. Development Plan applications are to be submitted to the Planning Department, and shall be processed as follows:

(1)

Environmental determination. When a Development Plan application has been accepted for processing as set forth in Section 23.02.022 (Determination of Completeness), it shall be subject to an environmental determination as required by the California Environmental Quality Act (CEQA). No action shall be taken to approve or conditionally approve the application until the environmental determination results in:

(i)

A statement by the Environmental Coordinator that the project is exempt from the provisions of CEQA; or

(ii)

Approval of a negative declaration by the decision-making body pursuant to CEQA; or

(iii)

Certification of a final environmental impact report (EIR) by the decision-making body pursuant to CEQA.

(2)

Staff report. Following completion of an Environmental Determination, the Planning Department shall prepare a staff report that:

(i)

Describes the characteristics of the proposed land use or development project, as well as the project site and its surroundings; and

(ii)

References applicable county land use policies; and

(iii)

Determines whether the proposed use or project satisfies at minimum the provisions of this title; and

(iv)

Recommends whether, and on what basis, the proposal should be approved, conditionally approved or disapproved.

(3)

Public hearing. The Planning Director shall schedule the Development Plan for public hearing before the Review Authority as set forth in Section 23.01.060.

c.

Development Plan approval or disapproval. The authority to take final action on a Development Plan as set forth in this subsection is assigned to the Subdivision Review Board or Planning Commission. Where a Development Plan application is required in conjunction with a land division application, the advisory agency designated to take action on the land division by Title 21 of this code shall consider both the Development Plan application and the land division application on the same agenda. Final action on the Development Plan shall occur prior to final action on the land division application. In all other cases requiring Development Plan approval only, the Planning Commission is assigned to take final action. Decisions of the Review Authority may be appealed to the Board of Supervisors (Section 23.01.042), and certain projects may also be appealed to the Coastal Commission pursuant to Section 23.01.043.

(1)

Conditions of approval. After the conclusion of a public hearing, the Review Authority may approve, conditionally approve, or disapprove the Development Plan. In conditionally approving a Development Plan, the Review Authority shall designate such conditions to satisfy any requirements of CEQA, and to:

(i)

Secure compliance with the objectives and requirements of this title, the Land Use Element and the Local Coastal Plan; and

(ii)

Designate time limits or phasing schedules other than those specified in Section 23.02.040 (Permit Time Limits) for the completion of projects, when deemed appropriate.

(iii)

Identify the specific land uses from Coastal Table O, Part I of the Land Use Element, which may be established on the site pursuant to the Development Plan approval.

(2)

Additional conditions. In addition to the conditions of subsection 23.02.034c(1), the Review Authority may adopt other conditions, including but not limited to:

(i)

Requiring that security be provided to guarantee performance and/or compliance with conditions of approval, as set forth in Section 23.02.060 (Guarantees of Performance);

(ii)

Requiring installation of specific on-site or off-site improvements;

(iii)

Modifying, superseding or replacing conditions of approval imposed on the subject site or land use by a previous Development Plan, Minor Use Permit or any land use permit issued pursuant to the zoning ordinance (Ordinance No. 603).

(iv)

Authorizing land uses on the site in addition to those requested in the Development Plan application where such additional uses would normally be required by this title to have Plot Plan or Minor Use Permit approval.

(v)

Any other conditions judged by the Planning Commission to be necessary to achieve compatibility between the proposed use and its site, its immediate surroundings, and the community.

(3)

Effect of conditions. Whenever a Development Plan approval is granted or amended subject to conditions, use or enjoyment of the Development Plan approval in violation, or without observance of any such condition shall constitute a violation of the Coastal Zone Land Use Ordinance. In the event of such a violation, the approval may be revoked or modified as provided in Section 23.10.160 (Permit Revocation). The duration of conditions is established in Section 23.02.052 (Lapse of Land Use Permit).

(4)

Required findings. The Review Authority shall not approve or conditionally approve a Development Plan unless it first finds that:

(i)

The proposed project or use is consistent with the Local Coastal Program and the Land Use Element of the general plan; and

(ii)

The proposed project or use satisfies all applicable provisions of this title; and

(iii)

The establishment and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and

(iv)

The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and

(v)

The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved with the project.

(vi)

The proposed use or land division (if located between the first public road and the sea or the shoreline of any body of water), is in conformity with the public access and recreation policies of Chapter 3 of the California Coastal Act.

(vii)

Any additional findings required by planning area standards (Part II of the Land Use Element), combining designation (Chapter 23.07), or special use (Chapter 23.08).

d.

Effective date of land use permit: Except where otherwise provided by Section 23.01.043 for projects that may be appealed to the Coastal Commission, the approval of a Development Plan shall become final and effective for the purposes of construction permit issuance, business license clearance, or establishment of a non-structural use, on the 15th day following the act of Review Authority approval; unless an appeal is filed as set forth in Section 23.01.042 (Appeal). A land use permit for appealable development shall not become effective until the requirements of Section 23.02.039 are met.

[Amended 1992, Ord. 2584; 1995, Ord. 2715]

For Minor Use Permits, and Development Plans, the following information is required in addition to the other requirements of this title, prior to acceptance of the application as complete. Waiver may be granted to some or all of these requirements by the Director of Planning and Building upon receipt of a written request stating the specific conditions on the site that negate the need for the additional information or a waiver can be granted if the director determines, based on information available in the office of the Planning and Building Department, that the additional information is unnecessary. Where the applicant volunteers to complete an environmental impact report (EIR) pursuant to the requirements of CEQA, the additional information required by this section may be fulfilled as part of the EIR completed for the project.

a.

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

b.

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

c.

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

d.

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

e.

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 site plans for existing or proposed parcels greater than 10,000 square feet in size to demonstrate how the future development of the site(s) relates to the other information required by this section.

f.

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 Environmental Coordinator.

g.

Tree inventory plan: The applicant shall provide a tree inventory plan which 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.

h.

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 Environmental Coordinator.

i.

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 1995, Ord. 2715]

After the Review Authority has acted on an application for development, the requirements of this section apply.

a.

Notice of Final County Action. Within seven calendar days of county completing its review and meeting the requirements of subsection c. of this section, the county shall notify by first class mail the Coastal Commission and any persons who specifically requested notice of such action by submitting a selfaddressed, stamped envelope to the county (or, where required, who paid the fee established by the County Fee Ordinance to receive such notice) of its action. Such notice shall include conditions of approval and written findings and the procedures for appeal of the county decision to the Coastal Commission.

b.

Notice of Failure to Act:

(1)

Notification by Applicant. If the county has failed to act on an application within the time limits set forth in Government Code Sections 65950-65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950-65957.1 shall notify, in writing, the county and the Coastal Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.

(2)

Notification by county. When county determines that the time limits established pursuant to Government Code Sections 65950-65937.1 have expired, the county shall, within seven (7) calendar days of such determination, notify any person entitled to receive notice pursuant to subsection b(1) of this section that the application has been approved by operation of law pursuant to Government Code Sections 6595065957.1 and the application may be appealed to the Coastal Commission pursuant to Section 13110 et seq. of Title 14 of the California Administrative Regulations. (This section shall apply equally to county determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.)

c.

Finality of county action. A county decision on an application for a development shall not be deemed final until:

(1)

The county decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified Local Coastal Program and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act (these can be found in Section 23.04.420 of this title and Sections 30210 through 30224 of the California Coastal Act); and

(2)

When all county rights of appeal have been exhausted as set forth in Section 23.01.043b (Exhaustion of county appeals).

(3)

For actions on Land Use Permits that are not appealable to the Coastal Commission under the standards of Section 23.01.043c, the Coastal Commission has received notice of Final County Action as required by parts a and b of this Section; and

(4)

For actions on Land Use Permits that are appealable to the Coastal Commission pursuant to Section 23.01.043c, the standards set forth in Section 23,02,039 have been satisfied.

[Amended 1995, Ord. 2740; 2004, Ord. 3001]

An approved land use shall be developed or established only as shown on the project plans approved as part of the permit application, except where otherwise provided by this section. Deviation of project design or construction from the approved plans, and changes to the project after completion of construction may occur only as follows:

a.

Except as provided by subsection b. of this section, a feature of the use or project subject to the standards of Chapter 23.04, 23.05, 23.07 or 23.08, may be modified provided that the change requested is in conformity with the standards of this title. Such change is to be requested in writing with appropriate supporting materials and explanation of the reasons for the request. The Planning Director may approve a requested change upon verification of its conformity with this title, provided that such approval shall not modify the effective date of the land use permit.

b.

Where the Environmental Coordinator determines that the change results in an increased impact to an aspect of the project that was specifically addressed in a negative declaration or environmental impact report of the project, or the change relates to a project feature that was specifically addressed in conditions of approval of a Minor Use Permit or Development Plan, or that was a specific consideration by the Review Authority in the approval of a Minor Use Permit or Development Plan, a new Minor Use Permit or Development Plan approval shall be obtained. [Amended 1993, Ord. 2649]

[Amended 1995, Ord. 2715]

A decision by the county on an appeal (Section 23.01.042), Variance (Section 23.01.045), Minor Use Permit (Section 23.02.033) or Development Plan (Section 23.02.034), or for a project that is appealable to the Coastal Commission pursuant to Section 23.01.043 shall become effective after the 10 working day appeal period to the Commission has expired unless either of the following occur:

a.

An appeal is filed in accordance with Section 13111 of Title 14 of the California Administrative Code.

b.

The notice of final county action does not meet the requirements of Section 23.02.036.

When either of the circumstances in this section occur, the Coastal Commission shall, within five calendar days of receiving notice of that circumstance, notify the county and the applicant that the effective date of the county action has been suspended.

An approved Plot Plan or Site Plan is valid for a period of 18 months from its effective date. A Minor Use Permit, Development Plan or Variance is valid for 24 months after its effective date. At the end of such time period, the land use permit shall expire and become void unless:

a.

Substantial site work toward establishing the authorized use has been performed (Section 23.02.042); or

b.

The project is completed (Section 23.02.044); or

c.

An extension has been granted (Section 23.02.050).

If a Minor Use Permit or Development Plan has been appealed to but approved by the Coastal Commission, the time limits established by this section shall commence after final action by the Coastal Commission. Nothing in this title shall be construed as affecting any time limits established by Title 19 of the County Code regarding work authorized by a building permit or other construction permit issued pursuant to Title 19, or time limits relating to the expiration of such permit.

When all required construction permits have been obtained and construction of an approved use has begun, substantial site work toward establishing the authorized use shall be deemed to have been performed, and project construction may be completed subject to Section 23.02.052 (Lapse of Land Use Permit) when:

a.

Building construction projects: Site work has progressed beyond grading and completion of structural foundations, and construction is occurring above grade within: 18 months of Plot Plan or Site Plan approval; 24 months of Minor Use Permit or Development Plan approval; or within 12 months of the date of final local action (including an appeal to the Board of Supervisors) on an extension of land use permit, and

construction continues with reasonable progress and no interruption greater than 180 consecutive days, provided that:

(1)

Single construction period projects. When no extended project phasing schedule has been authorized through Development Plan approval (Section 23.02.034c(1)(ii)), substantial work shall be performed for all proposed buildings.

(2)

Phased projects. Where a project phasing schedule has been approved, construction permits shall be obtained and substantial work shall be performed on at least one approved building.

b.

Non-building projects: The project is completed as set forth in Section 23.02.044 within: 18 months of Plot Plan or Site Plan approval; 24 months of Minor Use Permit or Development Plan approval; or within 12 months of the date of approval of an extension of land use permit (Section 23.02.050).

c.

Surface mining operations: In the case of a surface mining operation approved under Sections 23.08.180 through 23.08.187 (Surface Mining and Reclamation), when surface mining operations have been commenced.

[Amended 1995, Ord. 2715; 2004, Ord. 3001]

Project completion is the point at which active county review of project progress is terminated. A development project is considered completed when:

a.

A Certificate of Occupancy has been issued or, in the case of a dwelling, final building inspection has been granted by the Building Official verifying that all structures, site improvements and/or off-site work has been completed; and any bonds (Section 23.02.060) guaranteeing site improvements have been released.

b.

The Planning Director verifies that a use or activity not involving a building or grading permit is occurring on the subject site in accordance with all applicable provisions of this title and any adopted conditions.

c.

A final map is recorded, in the case of a Development Plan approval that is intended only to authorize the filing of a tentative map pursuant to planning area standard or a requirement of Sections 23.04.028 et seq., where Development Plan approval is necessary to enable consideration of approval of a tentative map for a

condominium or similar project, unless conditions of approval of the Development Plan specify other standards for determining project completion.

[Amended 1995, Ord. 2715]

23.02.046 - Occupancy or Use of Partially Completed Projects.

Multiple building projects (including but not limited to apartment or office complexes and shopping centers), may be granted Certificates of Occupancy for individual completed buildings in advance of completion of the entire project only when:

a.

Individual buildings are completed pursuant to Section 23.02.044 (Project Completion); and

b.

The Planning Director determines that the completed structures are capable of functioning independently from structures remaining to be completed; and

c.

Occupancy of individual structures will not inhibit the completion of the total project; and

d.

Partial occupancy during completion will not have a potential adverse effect on persons in the area or nearby properties.

e.

Occupancy with incomplete site improvements is accomplished pursuant to Section 23.02.048.

23.02.048 - Occupancy with Incomplete Site Improvements.

In the case of projects where all structures are complete, but improvements required by this title or adopted conditions (including but not limited to landscaping, curb and gutter, paving, etc.) are not complete, a Certificate of Occupancy may be issued, provided that:

a.

Buildings are completed in accordance with Section 23.02.044 (Project Completion); and

b.

The Planning Director determines that such buildings can function safely in advance of the completion of the lacking site improvements; and

c.

The improvements remaining to be completed are guaranteed as set forth in Section 23.02.060 (Guarantees of Performance).

When substantial site work (Section 23.02.042) on a project authorized by an approved land use permit has not occurred within the time limits set by Section 23.02.040, a maximum of three, 12-month extensions (except as provided by Section 23.02.042.a. of this Title) to the initial time limit may be granted as provided by this section. Extension requests shall be in writing and shall be filed with the Planning Department on or before the date of expiration of the land use permit or previous extension, together with the required filing fee. When an extension request has been filed, the permit shall be automatically extended until such time as the Review Authority has acted upon the extension request, provided that no construction shall take place and no construction permits shall be issued for a proposed project pursuant to Title 19 of this code until the extension has been approved. Notice of the application for extension shall be provided to the California Coastal Commission.

a.

Initial extensions: The Planning Director may grant two 12-month extensions to the time limit for any land use permit. The Planning Director shall grant an extension only after finding that the land use permit does not contain conditions prohibiting extension, and that:

(1)

There have been no changes to the provisions of the Land Use Element or Land Use Ordinance applicable to the project since the approval of the land use permit; or

(2)

There have been no changes in the character of the site or its surroundings that affect how the standards of the Land Use Element or Land Use Ordinance apply to the project; or

(3)

There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools such that there is no longer sufficient remaining capacity to serve the project.

If the Review Authority determines that changed circumstances exist that may affect the consistency of the development with the Local Coastal Program, then the extension request shall be denied. Action on a requested extension by the Planning Director may be appealed to the Planning Commission as set forth in Section 23.01.042 (Appeal) and to the California Coastal Commission as set forth in Section 23.01.043 (Appeals to the Coastal Commission).

b.

Third and final extension: The Planning Commission (or Board of Supervisors on appeal) may grant one additional 12-month extension to an approved land use permit after the two initial extensions in accordance with the notice, hearing, and appeal procedures required for a new development application, subject to the

same findings and standards required by Section 23.02.050a. provided that the Planning Commission makes the following additional findings:

(1)

That substantial site work could not be completed as set forth in Section 23.02.042 because of circumstances beyond the control of the applicant; and

(2)

The findings specified in Sections 23.02.050a(1), (2) and (3) above; and

(3)

The findings that were required by Section 23.02.034c(4) to enable initial approval of the permit.

An approved land use permit shall become void after the expiration of the third extension (or after the expiration of any previous extension when a request for further extension has not been filed before expiration) where substantial site work has not first occurred pursuant to Section 23.02.042. No more than three extensions pursuant to this section shall be granted.

c.

Land use permit required with a land division. For land use permits that are required in conjunction with a land division application, the advisory agency (the Planning Commission or Subdivision Review Board) may grant five 12-month time extensions to the time limit in accordance with the standards and procedures established by this Section. The planning department shall make a written recommendation in its staff report to the advisory agency concerning the extension request.

d.

Time extensions on permits issued by the Coastal Commission. A time extension on a coastal development permit issued by the Coastal Commission shall only be granted by the Coastal Commission.

e.

Notice of Final County Action. After all county rights of appeal have been exhausted as set forth in Section 23.01.043b. (Exhaustion of Local Appeals required), the County shall provide notice of its action on the third and final extension require in accordance with Section

[Amended 2004, Ord. 3001]

In the event that any of the circumstances listed in this section occur, a land use permit shall be deemed to have lapsed. No use of land or structure, the land use permit for which has lapsed pursuant to this section, shall be reactivated, re-established, or used unless a new land use permit is first obtained.

a.

Completed projects: When a project has been completed or an authorized use not involving construction has been established (Section 23.02.044), the land use permit that authorized the project shall remain valid and in force, including any conditions of approval adopted in connection therewith, unless:

(1)

An approved use or structure authorized through Plot Plan approval is removed from the site, and the site remains vacant for a period exceeding 12 consecutive months, in which case the Plot Plan approval shall lapse; or

(2)

The circumstance described in subsection 23.02.052c occurs, in which case Minor Use Permit or Development Plan approval shall lapse; or

(3)

A use or structure authorized through Site Plan, Minor Use Permit or Development Plan approval remains vacant and unused for its authorized purpose, or is abandoned or discontinued for a period greater than 12 consecutive months; or

(4)

The land use permit is revoked in accordance with Section 23.10.160 (Permit Revocation).

b.

Partially completed projects: When an approved multiple structure project has been partially completed (Section 23.02.046), its land use permit shall remain valid unless work ceases for a period greater than 12 months, and no schedule for phased construction was authorized by the land use permit.

c.

Conditions declared void. In the event that a judgment of a court of competent jurisdiction declares one or more of the conditions of a Minor Use Permit or Development Plan approval to be void or ineffective, or enjoins or otherwise prohibits the enforcement or operation of one or more of such conditions, the Minor Use Permit or Development Plan shall cease to be valid.

d.

Changes in ordinance provisions. In the event that an amendment to the Land Use Element or this title is adopted such that the approved use is no longer allowable on the subject site, the land use permit shall lapse unless substantial site work has been completed (Section 23.02.042) before the effective date of such amendment. The effect of such an amendment on a completed project is determined by Section 23.09.026 (Nonconforming Uses of Land).

[Amended 1992, Ord. 2570; 1995, Ord. 2715]

Any application approved pursuant to Sections 65956 et seq. of the Government Code shall be subject to the following requirement, as well as all applicable provisions of this title, which must be satisfied by the applicant before any construction permit is issued.

a.

Notice. The notice procedure of Section 23.02.036b of this title shall be accomplished prior to issuance of a construction permit.

[Amended 1995, Ord. 2715]

Any application received and processed shall be deemed withdrawn if:

a.

It is determined that the proposed use is not allowable in the land use category where the site is located, pursuant to Table O, Part I of the Land Use Element or the planning area standards of Part II of the Land Use Element; or

b.

It has been held in abeyance or continuance, awaiting the submittal of additional required information by the applicant, and the applicant has not submitted such information within 90 days of:

(1)

The last county notification to the applicant requesting additional information in advance of either a decision to accept the application for processing, or review by the Planning Commission or Board of Supervisors, to which the applicant has not responded; or

(2)

The date of the last Planning Commission or Board of Supervisors consideration of the application.

Prior to an application being deemed withdrawn, a letter shall be sent notifying the applicant of the project's withdrawal and shall also include an explanation of the requirements for refiling. Where a written request from the applicant is received asking that the application package and unused portion of the filing fee be returned, the Planning Director shall return the entire application package to the applicant, including accompanying information and any portion of the filing fee not used in processing up to the point of withdrawal. A withdrawn application may be re-filed at any time, provided that it shall be received and processed as a new application.

[Amended 1995, Ord. 2740]

When required by the provisions of this title, or by conditions of approval of a Minor Use Permit or Development Plan, appropriate security or guarantees are to be provided by the applicant as set forth in

this section. A bond is used to guarantee the proper completion of required improvements, drainage facilities, grading, revegetation, site restoration after use, reclamation and/or removal of structures, equipment or other materials, preservation of certain site features, or compliance with other provisions of this title or conditions of approval. The guarantee shall be a bond or other secured contractual guarantee, unless otherwise provided in Chapter 23.08 (Special Uses). The use of the terms bond, guarantee and security in this section shall all mean guarantees of performance.

a.

Posting: The guarantee is to be posted with the Planning Department, with the county of San Luis Obispo named as beneficiary.

b.

Form of bond: A surety bond or other guarantee shall be in a form approved by the County Counsel, including default provisions, and shall provide that in the event suit is brought upon the bond by the county and judgment is recovered, the surety shall pay all costs incurred by the county in such suit, including reasonable attorneys' fees to be fixed by the court.

c.

Amount of bond: The guarantee is to be of an amount established by the Planning Director equal to the actual cost of completing the specified improvements, restoration, or satisfying conditions of approval. Provided, however, that where a guarantee is required by Development Plan condition of approval to preserve identified site features, the guarantee is to be in an amount the Planning Commission deems necessary to assure compliance with the applicable condition.

d.

Release of bond: At the request of an applicant, or before the expiration of a bond or guarantee, the Planning Director will review the project and issue a completion statement if all provisions of this title and conditions of approval have been met. Upon issuance of the completion statement, the guarantee, bond or cash deposit will be released. If the Planning Director determines the project does not meet the applicable requirements, the applicant shall be notified in writing of such deficiencies. A time period for their correction shall be mutually agreed upon by the applicant and the planning director, with the security being held until all such requirements are satisfied.

Where no agreement is reached following written notification by the Planning Director, or where an agreed time period for completion is exceeded, the bond shall be called.

[Amended 1995, Ord. 2715]

23.02.070 - Notice of Non-Appealable Developments.

a.

Purpose. Because of the requirements of Section 13568b of Title 14 of the California Administrative Code, all development within the Coastal Zone, except that which is categorically excluded by Section 23.03.044 of this title, must receive public notice regardless of whether a public hearing is required before the

development can be approved or disapproved. This title provides public notice requirements for projects requiring a public hearing in Section 23.01.060. This section provides notice requirements for projects requiring Plot Plan, Grading or Tree Removal Permit approval, where such notice is required by this title for projects that are not appealable pursuant to Public Resources Code Section 30603 and which do not require a public hearing (and which are not categorically excluded).

b.

Notice procedure. Within 10 calendar days of accepting an application for Plot Plan, Site Plan, Grading or Tree Removal Permit approval, or at least seven calendar days prior to the county decision on the application, the county shall provide notice, by first class mail, of pending development approval.

(1)

Distribution of notice. Notice shall be provided to all persons who have requested to be on the mailing list for that project or for coastal decisions within the county jurisdiction, to all property owners as shown on the latest equalized assessment role and residents within 100 feet of the perimeter of the parcel on which the development is proposed, and to the Coastal Commission.

(2)

Content of notice. The notice shall contain the following information:

(i)

A statement that the development is within the coastal zone;

(ii)

The date of filing of the application and the name of the applicant;

(iii)

The county file number assigned to the application;

(iv)

A description of development and its proposed location;

(v)

The date the application will be acted upon by the decision-maker;

(vi)

The general procedure of the county concerning the submission of public comments either in writing or orally prior to the county decision.

(vii)

A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the 3-34 county decision.