Article 08 — Permit Application Filing and Processing.

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

(Ord. No. 6338, § II(Exh. B), 3-16-2021)

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

(Ord. No. 6338, § II(Exh. B), 3-16-2021)

A.

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

B.

Permit application contents. Permit applications shall be filed with the department on a county application form. Each permit 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 application, and any other plans and specifications, maps, reports, and other information and materials the director deems necessary to verify compliance with this chapter.

C.

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 A permit application may only be filed or withdrawn by the property owner or an easement holder, an authorized agent of the property owner or easement holder, or other person with the written consent of the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

D.

Request for relief from standards. A permit application may include a request for relief from the standards in Article 14. The request shall state in writing each standard proposed to be varied, the proposed substitute measure, when it would apply, and its advantages. The director may require additional information to evaluate the requested relief.

(Ord. No. 6338, § II(Exh. B), 3-16-2021)

A.

Fee schedule. The board of supervisors shall establish a schedule of fees for the processing of permit 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 applications. Therefore, no refund due to disapproval or expiration shall be allowed. In the case of a withdrawal, the director may refund up to ninety percent (90%) of the application fee prior to the commencement of plan review.

(Ord. No. 6338, § II(Exh. B), 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, § II(Exh. B), 3-16-2021)

The director shall review each permit application for completeness and accuracy before it is accepted as complete and officially filed. The director'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 application shall be deemed complete, and processing shall not commence on any permit 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 director 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 application is incomplete. The director shall inform the applicant in writing within thirty (30) days of filing when a permit application is incomplete. The letter shall specify the additional information required to make the permit application complete.

B.

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

(Ord. No. 6338, § II(Exh. B), 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, § II(Exh. B), 3-16-2021)

If a permit is not issued within one (1) year following the filing of a permit application, the permit application shall expire and be deemed withdrawn, without any further action by the director. The director may grant one (1) 180-day extension, if the applicant files a written request with the director 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 application, future consideration by the director shall require submittal of a new permit 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, § II(Exh. B), 3-16-2021)