Santa Clara County Municipal Code Part 3 Application Review and Processing

The Planning Office may refer the application for comments to any city in accordance with current County referral procedures, and to any other interested public agency. The decision maker may impose conditions in order to comply with the land development and land use requirements herein, other county ordinances, and for the health, safety and welfare of the public.

(Ord. No. NS-1203.120, § 1, 4-9-13)

All applications submitted to the Planning Office will be processed to determine their completeness with this chapter and other county ordinances and policies. The review will occur within the 30-day period following the date of application filing. The review will be conducted by County departments and other interested public agencies to identify if additional information is needed to process the application.

(a) Notification of applicant. Within 30 days after the application is submitted, the applicant will be informed in writing if the application is incomplete. If the application is deemed incomplete, the letter will include reasons why the application is incomplete and include a list of plans, reports or other information required. The requested plans, information and/or materials must be submitted within 12 months of the date of the incomplete letter, or the application will be deemed abandoned and no further submittal shall be accepted.

(b) Resubmittal of materials. Within 30 days of a resubmittal, the applicant will be informed in writing if the application is incomplete. If the resubmittal is incomplete, the letter will include reasons why the resubmittal is incomplete and include a list of plans, reports or other information that are required.

If the requested materials have not been submitted within six months of the date of any incomplete letter, an additional fee, as prescribed by resolution of the Board of Supervisors is required to continue processing the application. If the required materials have not been submitted within 12 months of any incomplete letter, the application will be deemed abandoned, no further processing or action will be taken on the application, and the application fees will not be refunded.

(c) Complete application. The applicant will be informed in writing once the application has been deemed complete, and will be provided with the preliminary conditions of approval or a notification that an environmental assessment will be prepared for the project with a projected time frame for completion of the environmental assessment.

(d) Additional information for environmental review. After an application has been deemed complete, the Planning Office may require the submittal of additional information to determine the environmental impacts of the project, or to assess feasible alternatives or mitigation measures for such impacts as required by the California Environmental Quality Act.

(e) Time periods. If the application is filed to abate a violation, the applicant may be required to resubmit materials sooner than the above-stated time limits. The Grading Official reserves the right to require the resubmittal of materials for applications to abate a violation sooner than the time limits in this section based on an evaluation of a threat to public health, safety, and welfare.

(Ord. No. NS-1203.120, § 1, 4-9-13)

(a) All grading approvals are subject to the requirements of the California Environmental Quality Act (CEQA) unless otherwise exempt. Determination as to whether a project is subject to or exempt from CEQA will be made by the Planning Official.

(b) If a grading approval is subject to CEQA, an environmental assessment (EA), undertaken by or under contract to the Planning Office at the applicant's expense, will be prepared to determine the impact of the project on the surrounding environment. Once the EA has been published an approval or hearing date will be set or noticed for the grading approval.

(c) An approval or hearing date may be set in cases where the purpose is to determine whether the project should be denied without completing the EA.

(d) A final grading approval shall not be made until the EA has been adopted as required by CEQA. Adoption of the EA and the final decision on the project can be made at the same hearing or at the same time.

(Ord. No. NS-1203.120, § 1, 4-9-13)

Grading approval may be granted if all of the following findings are made:

(a) The amount, design, location, and the nature of any proposed grading is necessary to establish or maintain a use presently permitted by law on the property.

(b) The grading will not endanger public and/or private property, endanger public health and safety, will not result in excessive deposition of debris or soil sediments on any public right-of-way, or impair any spring or existing watercourse.

(c) Grading will minimize impacts to the natural landscape, scenic, biological and aquatic resources, and minimize erosion impacts.

(d) For grading associated with a new building or development site, the subject site shall be one that minimizes grading in comparison with other available development sites, taking into consideration other development constraints and regulations applicable to the project.

(e) Grading and associated improvements will conform with the natural terrain and existing topography of the site as much as possible, and should not create a significant visual scar.

(f) Grading conforms with any applicable general plan or specific plan policies; and

(g) Grading substantially conforms with the adopted "Guidelines for Grading and Hillside Development" and other applicable guidelines adopted by the County.

(Ord. No. NS-1203.120, § 1, 4-9-13)

The decision-making body shall take action on the application in accordance with the time requirements provided in California Government Code § 65950 unless extended by mutual written agreement of the applicant and the County.

(Ord. No. NS-1203.120, § 1, 4-9-13)

Based on recommendations from the referral agencies, the Planning Office will establish conditions of approval for the project. An approval may include reasonable conditions that are commensurate with the nature and magnitude of the project. Conditions will accomplish the following:

(a) Avoid or mitigate adverse impacts;

(b) Preserve the integrity and character of the zoning district;

(c) Implement General Plan policies and other adopted ordinances, policies and laws related to land development and public infrastructure;

(d) Protect basic health, safety and welfare; and

(e) Prevent a nuisance or hazard to public or private property.

Conditions shall be completed according to the time requirements specified in the approval.

(Ord. No. NS-1203.120, § 1, 4-9-13)

No grading approval shall relieve the applicant of responsibility for securing any permits or approvals required for work which is regulated by any other ordinance, code, department, or agency of the County, State or Federal Government, or for obtaining any easements or authorization for grading on property not owned by the applicant.

(Ord. No. NS-1203.120, § 1, 4-9-13)

(a) The applicant may file an application to modify the grading approval application at any time during the application process. Any prior finding of application completeness may be voided by submittal of a request for modification or withdrawal. Depending on the type of the modification, the modified application may be distributed again for completeness review and may require payment of supplemental application fees.

(b) An applicant may withdraw an application at any time. The withdrawal will be without prejudice to the application.

(Ord. No. NS-1203.120, § 1, 4-9-13)

At least ten days prior to approval by the decision-making body, a notice of preliminary approval will be mailed or delivered to the individuals and agencies listed below. The notice will include the date of the final action, a description of the project to be considered, and a general description of the property location.

(a) The applicant, at the address shown on the application, and all owners of the subject property(s) at their addresses as shown on the application;

(b) Any person who has filed a written request for notice on the particular application with either the Planning Office or Clerk of the Board of Supervisors;

(c) The owners of all real property located adjacent to the subject property. This includes property that has a contiguous border with the subject property or is located directly across a public or private street from the subject property boundaries at their addresses as shown on the most current property tax roll of Santa Clara County, or of a neighboring county.

(d) Additional notice. The County may, in its discretion, provide additional notice beyond that specified in this section.

Failure to comply with the notice requirements in this section, in whole or in part, will not invalidate any action taken on the matter.

(Ord. No. NS-1203.120, § 1, 4-9-13)

The decision-making body may deny an application for approval if there are any zoning, grading, building code, housing code, County Ordinance code, or other land use violations on the property.

(Ord. No. NS-1203.120, § 1, 4-9-13)

Upon the approval or denial of an application the decision-making body will prepare and deliver to the applicant a written notice of the action. The notice will contain a statement of conditions applicable to the approval or reasons for denial. The decision will not become final until the appeal period has elapsed without an appeal having been filed or a final decision on appeal has been made by the Board of Supervisors.

(Ord. No. NS-1203.120, § 1, 4-9-13)

After the final decision-making body has issued an approval or denial, any person who objects to the decision, conditions or mitigation measures imposed on the approval may file an appeal with the Planning Office within 15 calendar days after the decision is rendered, in accordance with the procedures described under Part 4. The failure to file an appeal within this time constitutes acceptance of and agreement to all of the conditions of approval.

(Ord. No. NS-1203.120, § 1, 4-9-13)

The grading approval will remain valid for four years from the final action date of the original approval. During this period, all applicable conditions of approval must be completed and a grading permit issued, or the approval will be deemed expired. The approval term may be lengthened to match the approval term of a concurrent, related land use application (e.g. use permit) on the subject property.

(Ord. No. NS-1203.120, § 1, 4-9-13; Ord. No. NS-1203.122, § 1, 4-21-15)

An applicant may request additional time to complete the applicable conditions of approval and obtain a grading permit per the time limits provided in Section C12-442. One extension of time may be granted, if requested in writing prior to the expiration date of the grading approval, accompanied by an application form, explanation of the circumstances necessitating the extension request, and the filing fee as established by the Board of Supervisors.

An extension of time shall be for no more than 24 months, to commence upon the expiration date of the initial grading approval.

(Ord. No. NS-1203.120, § 1, 4-9-13;Ord. No. NS-1203.122, § 2, 4-21-15)