Sonoma County Municipal Code Art. 14 Permit and Registration Application Filing and Processing

This article provides procedures and requirements for the preparation, filing, and initial processing of the permit and registration applications required by this chapter.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

The agricultural commissioner shall be responsible for reviewing and making decisions on each type of permit and registration application required by this chapter.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

A. Pre-application contact. A prospective applicant is encouraged to contact the agricultural commissioner before completing and filing a permit or registration application to determine the information and materials required for application filing. The provision of information by the agricultural commissioner shall not be construed as a recommendation for either approval or disapproval of an application. Any failure by the agricultural commissioner to identify all required information and materials shall not constitute a waiver of those requirements.

B. Permit and registration application contents. Permit and registration applications shall be filed with the department on a county application form. Each permit or registration application shall include all required fees and deposits, all plans and specifications, maps, reports, and other information and materials required by the department's list of required application contents for the specific type of permit or registration application, and any other plans and specifications, maps, reports, and other information and materials the agricultural commissioner deems necessary to verify compliance with this chapter.

C. Eligibility for filing or withdrawing. A permit or registration application may only be filed or withdrawn by the property owner, an authorized agent of the property owner, or other person with the written consent of the property owner.

D. Request for relief from standards. A permit application may include a request for relief from the standards in Article 20. The request shall state in writing each standard proposed to be varied, the proposed substitute measure, when it would apply, and its advantages. The agricultural commissioner may require additional information to evaluate the requested relief.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

A. Fee schedule. The board of supervisors shall establish a schedule of fees for the processing of permit and registration applications required by this chapter.

B. Refunds and withdrawals. The required application fees cover county costs for staff time and the other activities involved in processing permit and registration applications. Therefore, no refund due to disapproval or expiration shall be allowed. In the case of a withdrawal, the agricultural commissioner may refund up to ninety percent (90%) of the application fee prior to the commencement of application review.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

A. Applicant agreement. At the time of submitting a discretionary permit application, the applicant shall agree, as part of the permit application, to defend (with legal counsel of the county's selection), indemnify, and hold harmless the county and its agents, officers, attorneys, and employees, from any claim, action, or proceeding brought against the county or its agents, officers, attorneys, or employees to attack, set aside, void, or annul, an approval of the county concerning the permit application, which action is brought within the applicable statute of limitations. The required indemnification shall include damages awarded against the county, if any, costs of suit, attorneys' fees, and other costs and expenses incurred in connection with the action.

B. County notification of applicant. In the event that a claim, action, or proceeding referred to in Subsection A is brought, the county shall promptly notify the applicant of the existence of the claim, action, or proceeding and shall cooperate fully in the defense of the claim, action, or proceeding.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

The agricultural commissioner shall review each permit or registration application for completeness and accuracy before it is accepted as complete and officially filed. The agricultural commissioner's determination of completeness shall be based on the department's list of required application contents and any additional instructions provided to the applicant in any pre-application contact, and/or during the initial review period. No permit or registration application shall be deemed complete, and processing shall not commence on any permit or registration application, until all required fees and deposits have been paid, and all required plans and specifications, maps, reports, and other information and materials have been submitted to the agricultural commissioner and reviewed to determine compliance with this chapter, including peer review where necessary to determine compliance with this chapter.

A. Notification of applicant when permit or registration application is incomplete. The agricultural commissioner shall inform the applicant in writing within thirty (30) days of filing when a permit or registration application is incomplete. The letter shall specify the additional information required to make the permit or registration application complete.

B. Withdrawal of application. If an applicant fails to provide the additional information specified in the agricultural commissioner's letter providing notice of an incomplete permit application within one hundred twenty (120) days following the date of the letter, the permit or registration application shall be deemed withdrawn without any further action by the agricultural commissioner. The agricultural commissioner may grant one (1) 90-day extension, if the applicant files a written request with the agricultural commissioner before expiration of the original 120-day period. After the withdrawal of a permit or registration application, future consideration by the agricultural commissioner shall require the submittal of a new permit or registration application and associated fees.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

After a permit application has been accepted as complete, if the permit application is a discretionary permit application, the proposed activity shall be reviewed as required by the California Environmental Quality Act and the State CEQA Guidelines to determine the level of environmental processing required.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

If a permit or registration is not issued within one (1) year following the filing of a permit or registration application, the permit or registration application shall expire and be deemed withdrawn, without any further action by the agricultural commissioner. The agricultural commissioner may grant one (1) 180-day extension for a permit application, if the applicant files a written request with the agricultural commissioner before expiration of the original one-year period and shows that the extension is warranted due to a lawsuit, staff error, or other circumstances beyond the control of the applicant. After the expiration of a permit or registration application, future consideration by the agricultural commissioner shall require submittal of a new permit or registration application and associated fees. Where a new permit application is filed within one hundred eighty (180) days following the expiration of the original permit application, the applicant may resubmit the original plans and specifications and the new permit application shall be processed based on the provisions of this chapter in effect at the time the expired permit application was initially submitted. No expired permit application shall be renewed in this fashion more than once.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)