Article 5 — Chapter 17.98

COMMON PROCEDURES

Sections: 17.98.010 Purpose. 17.98.020 Requirements for Development and New Land Uses. 17.98.030 Inspections. 17.98.040 Additional Approvals May Be Required. 17.98.050 Applications and Fees. 17.98.060 Environmental Review. 17.98.070 Initiation of Application. 17.98.080 Withdrawal of Application. 17.98.090 Determination of Completeness. 17.98.100 Application Review and Report. 17.98.110 Public Hearing and Public Notice 17.98.120 Permit Time Limits, Expiration, and Extensions 17.98.130 Amendments to Previously Approved Permits. 17.98.140 Revocation or Modification. 17.98.150 Reapplications. 17.98.160 Indemnification and Hold Harmless for Discretionary Land Use Approvals.

17.98.010 Purpose. The purpose of this Chapter is to establish procedures necessary for the efficient processing of land use and development applications, permits, and other approvals. These common procedures apply to all permits described in this article, unless stated otherwise.

B. Post-approval Inspections. If the permit or other action in compliance with this Title is approved, the owner or applicant shall allow authorized County officials access to the premises to determine compliance with the approved permit and/or any conditions of approval imposed on the permit.

A. Except as otherwise provided in this Zoning Ordinance, structures shall only be erected, reconstructed, structurally altered, enlarged, relocated, or maintained after applying for and securing all permits and licenses required by all laws and ordinances of the County of Tuolumne (County). Structures shall only be designed and used in a manner permitted in the applicable zone.

authorized to perform inspections related to permit issuance, as follows:

A. Preapproval Inspections. Every applicant seeking a permit or any other action in compliance with this Title shall allow the County officials handling the application access to any premises or property that is the subject of the application.

A. The establishment, operation, construction, or development of uses, properties, and structures shall be subject to all permitting and licensing requirements imposed by Tuolumne County Ordinance Code Chapter 1.01 or applicable local, state, or federal laws. All applicable permits, licenses, or other approvals, including, without limitation, use, building, grading, or other construction permits and business licenses, if required shall be obtained prior to the start of work or operations. This specifically includes building, grading, or other construction permits and business licenses, and permits/approvals of the responsible public agencies and service districts.

B. Water Supply in Urban Areas. New development in areas served by a public water agency needing discretionary entitlements may need to conduct studies to ensure there is available water supply.

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C. Airport Influence Areas. The Community Development Department shall review General Plan Amendments, Zone Changes, and development applications within the Tuolumne County airport influence areas for consistency with the Airport Land Use Compatibility Plan to continue safe operation of the airport.

D. Hazardous Materials. Tuolumne County Environmental Health Division and Tuolumne County Fire Department shall review applications for discretionary entitlements for projects that would use hazardous materials or generate hazardous wastes for compliance with the latest adopted regulations for safety and environmental protection.

E. Wildland Fire. Land development applications that would permit structures in areas subject to wildland fire shall be referred to the Tuolumne County Fire Department/CAL FIRE for review and identification of measures necessary to mitigate the fire hazard.

A. All applications for a permit, as identified in Chapter 17.100 of this Zoning Ordinance, must be submitted in writing to the Director on a completed County application designated for the specific request.

B. Minimum submittal requirements shall be established by the Director and as listed on the application checklist. Additional information specific to the permit and necessary for the complete analysis of an application may be required by the Director. All required material, information, and fees shall be provided by the applicant before the application is accepted for processing. Applications initiated by the County shall not require an application fee.

C. Except for phased developments for which the Board of Supervisors or Board designee has approved phased payment of fees, no application shall be considered complete for acceptance and processing until the required fees and deposits are paid in full.

A. All projects shall be reviewed for compliance with or exemption from the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code of Regulations is amended, such amendments will govern County procedures.

B. All development that is subject to a discretionary entitlement from the County and to environmental review under CEQA shall evaluate potential impacts to biological resources and mitigate significant impacts for the following or as otherwise required by state or federal law:

1. Species listed or proposed for listing as threatened, rare, or endangered under the federal Endangered Species Act (ESA) or California Endangered Species Act (CESA);

2. Species considered as candidates for listing under the ESA or CESA;

3. Wildlife species designated by the California Department of Fish and Wildlife (CDFW) as Species of Special Concern;

4. Animals fully protected under the California Fish and Game Code;

5. Plants considered by CDFW to be "rare, threatened, or endangered in California" (California Rare Plant Ranks [CRPR] of 1A, presumed extinct in California and not known to occur elsewhere; 1B, considered rare or endangered in California and elsewhere; 2A, presumed extinct in California, but more common elsewhere; and 2B, considered rare or endangered in California but more common elsewhere).

6. Sensitive natural communities, including wetlands under federal or state jurisdiction, other aquatic resources, riparian habitats, and valley oak (Quercus lobata) woodland.

7. Important wildlife movement corridors and breeding sites.

8. Oak woodlands.

• C. Mitigation Monitoring and Reporting

• Plan (MMRP).

  1. Plan required. A mitigation monitoring and/or reporting plan shall be prepared for every project that is subject to either a mitigated negative declaration or an environmental impact report (EIR) and that includes mitigation measures necessary to reduce

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• significant environmental impacts to below a level of significance.

2. The following finding shall be made as part of the project approval whenever a mitigated negative declaration proposes a condition necessary to mitigate a significant environmental impact: Per CEQA Guidelines, a reporting and/or monitoring plan has been adopted, as incorporated in conditions of project approval, in order to mitigate or avoid significant effects on the environment.

3. Monitoring and/or reporting plans (MMRPs) for projects for which an EIR is prepared shall be included in the final EIR. The final MMRP shall be adopted as a condition of project approval. Implementation of the plan shall be the responsibility of the county agency requiring the condition and/or the project proponent, unless otherwise provided.

A. Applications may be initiated by any interested party, the Director, Planning Commission, or Board of Supervisors, except that for any application proposing the specific use or development of land, such application shall only be initiated by either of the following:

1. Property owners or all contract purchasers of a subject property, or any person authorized in writing to act as an agent of the owner or contract purchasers.

2. Public agencies or utilities that have statutory rights of eminent domain for projects they have the authority to construct.

B. Permits may be applied for and processed concurrently. Where more than one type of permit or official approval by the county is required to satisfy the provisions of this title, applications for all required permits and approval may be submitted and processed concurrently. Where more than one application pertaining to the same parcel or parcels is submitted concurrently to the Community

Development Department, the required fees shall be in accordance with Title 3 of the Tuolumne County Ordinance Code.

A. Request. The Director may withdraw any application upon written request by the applicant, prior to the final determination on the permit.

B. Inactive Application. A complete application that has been inactive for longer than one year shall be considered withdrawn unless action is initiated. The one-year period may be extended at the discretion of the Director, provided a request for extension is filed by the applicant prior to the conclusion of the one-year period and the Director finds reasonable cause to grant the extension.

C. Incomplete Application. If additional information or submittals are required and the application is not made complete within 60 days of the completeness determination letter, the application may be deemed by the County to have been withdrawn, and no action will be taken. The 60-day period may be extended for an additional period not to exceed one year at the discretion of the Director if it is found that circumstances exist where unusual hardship to the applicant would result from deeming the application withdrawn. If the required material has not been submitted by the specified date, the application shall be deemed withdrawn. An extension shall only be considered by the Director provided a written request for extension and the associated fee are filed by the applicant prior to the conclusion of the initial 60-day period. The written request for extension shall contain the following information:

1. A written explanation of the delay.

2. The date by which the further application material, studies, or information and, when required, further fees will be submitted.

D. Notice of Withdrawal. Upon determination that an application is withdrawn, the Director shall mail a Notice of Withdrawal to the applicant within three business days to notify the applicant that the application has been withdrawn and that all processing of the application has been terminated. A copy of the notice shall be placed in the project file. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans,

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exhibits, and other materials must then be filed in compliance with this Chapter.

A. Application Completeness. The formal processing of an application shall begin on the date the application is deemed complete. The statutory time period of 30 days, established by state law for determining completeness (California Government Code Section 65943 [Permit Streamlining Act]), shall begin the day the application is submitted and date stamped by the Community Development Department. An owner signature or letter authorizing a specific agent (if applicable) and all required fees and/or deposits shall be submitted with the application. Within 30 days of application submittal, the Director shall determine whether the application is complete. The Director shall notify the applicant of the determination that either:

1. All the submittal requirements have been satisfied and the application has been accepted as complete; or

2. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with County development standards and application requirements. Studies or reports for CEQA are not included in the determination of completeness.

B. Application Completeness Without Notification. If the written determination is not made within 30 days after receipt, and the application includes a statement that it is an application for a land use or development permit or entitlement, the application shall be deemed complete for purposes of this Chapter.

C. Resubmittal. Upon resubmittal of any application previously determined to be incomplete, a new 30-day period shall begin during which the Director shall determine the completeness of the application. Application completeness shall be determined, as specified in Section 17.98.090.A, Application Completeness.

D. Expiration of Incomplete Applications. If additional information or submittals are

required and the application is not made complete within six months of the initial completeness determination letter, the application may be deemed by the County to have been withdrawn in accordance with Section 17.98.080, Withdrawal of Application.

E. Right to Appeal. The applicant may appeal the determination in accordance with Chapter 17.102, Appeals, and California Government Code Section 65943 (Permit Streamlining Act).

A. After acceptance of a complete application, the project shall be reviewed in accordance with all applicable provisions of Tuolumne County Ordinance Code Chapter 1.01 and the environmental review procedures of the California Environmental Quality Act (CEQA). The Director may refer an application for review and comment to any other government agency and/or County department that they determine appropriate to ensure compliance with all provisions of the Tuolumne County Ordinance Code and other adopted policies and plans. For permit requests decided at the administrative level, the Director will prepare a report, including a decision to approve, conditionally approve, or deny the application. For permit requests to be heard by the Planning Commission and/or Board of Supervisors, the Director will prepare a report to the recommending authority and designated approving authority describing the project and may include a recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant prior to consideration of the permit request,. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not known at the time the report is prepared.

B. Referrals. The Director may refer an application for an entitlement within the Director’s authority to issue to the Commission for action. All matters so referred shall be scheduled for public hearing by the Commission within 45 days of the referral. The Community Development Department shall give notice of the hearing in accordance with Section 17.98.110. Within 90 days of receipt of the referral from the Director, the Commission shall approve, conditionally approve, or deny the

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application. If the applicant or any aggrieved party is dissatisfied with the decision of the Commission, they may appeal under the provisions of Chapter 17.102.

C. Referral to Board when Commission unable to take action. Notwithstanding any other procedure established in this Title, if, after concluding a hearing on a matter before it, the Commission is unable to take action, the matter shall be automatically referred to the Board and set for hearing without recommendation.

D. Expiration of Application Review. Applications for which no permit or entitlement is approved within one year following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant, destroyed by the Community Development Department, or retained in the department's files. The Director may extend the time for application review if the applicant is making a good-faith effort to complete the application process as determined through information submitted by the applicant in a written statement describing the efforts being made. Application fees are not refundable if the application review expires as provided herein. Upon expiration of an application review, a new application and fees are required to reestablish review of the land development project.

good-faith effort to complete the application process as determined through information submitted by the applicant in a written statement describing the efforts being made. Application fees are not refundable if the application review expires as provided herein. Upon expiration of an application review, a new application and fees are required to reestablish review of the land development project.

E. Delinquent Taxes. Prior to approval of an application for any entitlement, as provided herein, the Community Development

Department will verify through the records of the tax collector's office that there are no delinquent or unpaid tax liens against the property, or any part thereof, for unpaid state, county, or local taxes or special assessments not yet payable. The Director, Planning Commission, or Board shall not approve the entitlement until all delinquent and unpaid land assessments have been paid. The Director shall establish a procedure to verify delinquent taxes.

F. Return to department if substantial change. When an applicant or a hearing body proposes a change to a project that affects the environmental impact of a project enough to increase the significance level of at least one impact, that project shall be returned to staff for further analysis and report prior to being renoticed for hearing and action.

A. Public Hearing Required. Where required pursuant to this Title, the following procedures shall govern the public notice and public hearing for a permit or other approval.

B. Notice of Hearing - Content. The notice of public hearing shall include the following information:

1. Date, time, and place of hearing. 2. Identification of the reviewing or approving authority.

2. Location of project, including the Assessor's Parcel Number (APN) and street location.

3. Project description.

4. Identification of project proponents/applicants.

5. CEQA determination statement.

6. Statement related to appeals and challenges, if applicable.

7. Information on the availability and location of staff reports and public review materials.

C. Notice of Hearing - Delivery. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The date for determining minimum 10day advance notice for U.S. mail notices shall be the date of delivery to a property address, not the date of postmark.

1. Notice of public hearing shall be published in at least one newspaper of general circulation in the County.

2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property as follows:

Total Areas of Parcels Subject to Entitlement Distance for Notification

• Less than 2 gross acres – within a radius of 300 feet of the exterior boundaries of the property involved in the application

• 2 gross acres to less than 10 gross acres - within a

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radius of 500 feet of the property involved in the application

• 10 gross acres or larger - within a radius of 1,000 feet of the property involved in the application

using for this purpose the last known name and address of such owners as shown on the current tax assessor's records. The radius may be increased as determined necessary by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the County may, in lieu of a mailed notice, provide notice by placing a notice of at least 1/8 page in one newspaper of general circulation within the County.

3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent, the applicant, and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project.

4. When an appeal is being noticed, the appellant shall also receive notice.

5. Notice of the public hearing shall be posted at Community Development Department offices.

6. Notice of the public hearing shall be mailed to any person who has filed a written request for notice. If the request is for more than a single hearing, the request must be accompanied by the fee set forth in Chapter 3.40. Renewals shall be requested annually.

7. Notice of the public hearing shall be posted at other locations designated by the Board of Supervisors.

8. In addition to the notice required by this section, the County may give notice of the hearing in any other manner it deems necessary.

9. The Board Clerk shall be responsible for ensuring compliance with all notice requirements.

D. Requests for Notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Board Clerk. The County may impose a fee that is commensurate with recovering the cost of such notification.

E. Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this Title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given. Where notice of any hearing or proceeding is published, posted, or mailed in accordance with the provisions of this Title, the failure of any person to receive or observe such notice shall not invalidate any such hearing or proceeding.

F. Hearing Procedure. Hearings as provided for in this Chapter shall be held at the date, time, and place for which notice has been given, as required in this Chapter. The recommending authority and approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes, together with the names of all persons testifying, shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain with no additional notice required. If the hearing is not continued to a specific date/time, the hearing shall be renoticed.

G. Time Limit for Decision. A decision on the matter shall be rendered at the conclusion of the public hearing by the approving authority. The failure to render such a decision shall be deemed to constitute a denial.

H. Conditions Attached to Permit. In granting an entitlement, the Director, Commission, or Board shall attach whatever conditions are reasonable and necessary to fulfill the intent and purposes of this title. Such conditions and the proposal of the applicant as considered and approved shall be a part of such entitlement, and all changes shall be in accordance with the specified conditions and the

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proposal as approved. Issuance of any entitlement may be made subject to guarantees and evidence that attached conditions are being or will be complied with.

I. Notice of Decision. Written notice of decision of the approval authority shall be provided to the applicant and all parties requesting such notification. Notices of decisions are not required for actions of a recommending body. The notice of decision shall be provided within three business days of the determination as follows:

1. Planning Commission Determination. The written notice of decision shall include:

   • a. The application request as acted upon by the Planning Commission.

   • b. Any conditions of approval or other requirements applied to the decision.

   • c. The action taken by the Planning Commission.

   • d. The deadlines, criteria, and fees for filing an appeal.

2. Board of Supervisors Determination. The written notice of decision shall include:

   • a. The application request as acted upon by the Board of Supervisors.

   • b. Any conditions of approval or other requirements applied to the decision.

   • c. The action taken by the Board of Supervisors (Ord. 3471 § 18, 2024).

A. Time Limits. Any permit not exercised within the specified time limit from the date of approval shall expire and become void, except where an extension of time is approved pursuant to this section.

B. Exercising Permits. The exercise of a permit occurs when the property owner has expended at least 25 percent of total project cost. A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies

other substantial efforts or expenditures that constitute exercise of the permit. The following are the criteria for determining if a permit has been exercised and therefore would not expire, except as otherwise provided in this Title:

1. A building permit, grading permit, encroachment permit, well permit, or on-site sewage treatment and disposal permit is issued; construction commenced on the primary building on site; at least one building inspection has been requested and passed; and the building permit remains active for any approved phase of the project.

2. A Certificate of Occupancy is issued for the use or structure.

3. The site is occupied in accordance with the approved permit.

4. The site is occupied in accordance with an approved phase of a phased development.

5. An extension of time is approved in accordance with Section 17.98.120.C, Permit Extensions, if applicable.

• C. Permit Extensions. The approval of an

• extension extends the expiration date for up to two years from the original permit or entitlement expiration date.

  1. Process. Extension of time requests for projects shall be considered if submitted in writing to the Community Development Department at least 30 days prior to the expiration date of the permit or approval, along with appropriate fees and application submittal materials. The same approving authority that granted the original permit may extend the period within which the exercise of a permit must occur. Notice and/or public hearing shall be provided in the same manner as for the original permit, as applicable.

  2. Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been

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• enacted since the permit was initially approved. Extensions may be granted only if it is found that there have been no significant changes in the General Plan, Tuolumne County Ordinance Code, or character of the area within which the project is located that would cause the approved project to become nonconforming and that the granting of an extension will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

• 3. Permit Extension Findings. The extension may be granted only when the designated approving authority finds that the original permit findings can still be made and there are no changed circumstances, or there has been diligent pursuit to exercise the permit or entitlement that warrants such extension.
• 4. Exceptions. This subsection shall apply to all entitlements contained in this Title, except those pertaining to amendments under Section 17.100.110, Amendments to the General Plan and Zoning Ordinance.

D. Expiration of entitlement. Entitlements (or permits) contained in this Title, except those pertaining to amendments under Section 17.100.110, Amendments to the General Plan and Zoning Ordinance, shall expire upon the following:

1. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the entitlement shall expire.

2. If an entitlement is granted and is not exercised within three years of the effective date of the entitlement, such entitlement shall be deemed to be expired and of no further effect. Extensions may be granted by the Director upon written request of the applicant if made prior to the original expiration date for a

   • period or periods not to exceed a total of six years.

3. Any entitlement that has been granted for real property for which a tentative subdivision map or parcel map has been approved and the tentative map has not expired, shall expire upon expiration or withdrawal of the tentative map or as provided in paragraph 2, whichever occurs later.

4. The expiration of any entitlement subject to a development agreement shall be extended for the period provided in the development agreement.

5. Entitlement Expiration for a Closed Business. All entitlements shall expire when a business or use is closed or discontinued for more than one calendar year. Approval of new entitlements based on current requirements shall be required prior to any business activity or use on the site (Ord. 3471 § 18, 2024).

A. Applicability. Any person holding a permit granted under this Title may request an amendment to that permit. For the purpose of this section, the amendment of a previously approved permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit.

B. Request for Amendment. An applicant may request an amendment to a permit after the effective date of the permit.

C. Review Process. A permit amendment may be granted only when the designated approving authority makes all findings required for the original approval. The designated approving authority for amendment to a previously approved permit shall be determined as follows:

1. Substantial Conformance. The Director may approve minor changes to a previously approved permit at the administrative level, as specified in Section 17.100.070.

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2. Minor Amendment. Minor amendments to a previously approved permit shall be processed as follows:

a. Applicability. A minor amendment is a nonsubstantive change of a previously approved permit. Minor amendments include:

i. Changes to residential projects that result in a change in total number of units equal to or less than 10 percent of the existing number of units or equal to or less than 10 units, whichever is less.

ii. Floor plan changes that result in a change in total square footage equal to or less than 10 percent of the existing square footage or equal to or less than 2,500 square feet, whichever is less. iii. Modifications to parking and circulation configurations that do not change the basic parking areas or circulation concept and do not reduce the number of required parking spaces by 10 percent or less of the otherwise required parking spaces. iv. Building placements that do not change the general location of the building or layout of the site.

v. Changes to allow fulfillment of a condition of approval in a manner that may vary from that specified in the original conditions, provided that the intent and purpose of such original condition is fully met.

vi. Other requests similar to the abovelisted minor amendments, as determined by the Director.

b. Review Process. The Director is the designated approval authority for minor amendments. No public hearing shall be required. A written notice of decision shall be issued in the same manner as the original permit.

3. Major Amendment. Major amendments to a previously approved permit shall be processed as follows:

a. Applicability. A major amendment is a substantive change of a previously approved permit. Major amendments include:

i. Changes to residential projects that result in a change in total number of units of more than 10 percent of the existing number of units or more than 10 units. ii. Floor plan changes that result in a change in total square footage of

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more than 10 percent of the existing square footage or more than 2,500 square feet.

iii. Modifications to parking and circulation configurations that change the basic parking areas or circulation concept or result in a reduction of the number of required parking spaces exceeding 10 percent of the otherwise required parking spaces. iv. Building placements that change the general location of the building or layout of the site.

v. Changes to a condition of approval in a manner that changes the effect of the condition from its original form and intent.

vi. All amendments to an approved Development Agreement.

vii. Other requests similar to the abovelisted major amendments, as determined by the Director.

• b. Review Process. The original approving authority shall be the designated approving authority for major amendments. A major amendment shall be processed in the same

manner and subject to the same standards as the original application.

A. Notwithstanding any other provisions of this Title, if any change for which a permit has been secured is not carried out in accordance with the approved proposal and conditions that are a part of such permit, and if the grantee of such permit is given notice by the Community Development Department to bring such use into compliance within 30 days and fails to do so, the County may initiate proceeding, as detailed in Section 17.98.140.C. Notwithstanding the above, the Director may immediately revoke such a permit if they determine that such action is necessary to prevent irremediable harm arising from a failure to comply with the terms of the permit. Procedures for the revocation of modification of previously approved permits or entitlements are as follows:

1. Revocations. The County’s action to revoke a permit or entitlement shall have the effect of terminating the permit or entitlement and denying the privileges granted by the original approval.

2. Modifications. The County may choose to allow the modification of the operational characteristics instead of revoking a permit or entitlement. These modifications may include, but are not limited to, operational aspects related to buffers, duration of the permit or entitlement, hours of operation, landscaping, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation.

• B. Applicability. Revocation proceedings for

• any permit or entitlement granted in accordance with this Title may be initiated by the County if any of the following apply:

  1. A violation of conditions of approval or applicable development standards exists.

  2. The permit or entitlement was obtained by misrepresentation or fraud.

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3. The use has become detrimental to the public health or safety or constitutes a nuisance.

4. Circumstances under which the permit or entitlement was granted have changed to a degree that affects the validity of the findings contained in the original permit or entitlement.

C. Notice of Intent to Initiate Revocation or Modification Proceedings. Such revocation may be initiated by adopting a Resolution of Intention, which is a resolution indicating the County’s intent to revoke the approval or permit. Such resolution may be adopted by either the Planning Commission or the Board of Supervisors. The Resolution shall allow opportunity for the permittee to correct the noncompliance to the satisfaction of the County. Such opportunity for correction may be provided by scheduling a hearing on the revocation, for a date that will allow equitable time for correction.

• D. Approving Authority.

  1. The Planning Commission shall be the designated approving authority for consideration of a revocation or modification of a permit or entitlement where the Director or Planning Commission was the original approving authority.

  2. The Board of Supervisors shall be the designated approving authority for consideration of a revocation or modification of a permit or entitlement where the Board of Supervisors was the original approving authority.

E. Noticed Public Hearing. The decision to revoke or modify a permit granted pursuant to the provisions of this Title shall be considered at a noticed public hearing, as applicable. Public notice shall be provided and a public hearing conducted pursuant to Section 17.98.110, Public Hearing and Public Notice, except that a special notice shall also be delivered in writing to the applicant and/or owner of the property for which the permit was granted.

F. Findings. A land use permit may be revoked or modified by the designated approving authority that originally approved the permit if any of the following findings can be made:

1. Circumstances under which the permit was granted have been changed to a degree that one or more of the findings contained in the original permit can no longer be met.

2. The permit was issued, in whole or in part, based on a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing, for the permit.

3. One or more of the conditions of the permit have not been fulfilled or have been violated.

4. The use or structure for which the permit was granted has ceased to exist or has lost its legal nonconforming use status.

5. The improvement is in violation of any applicable code, law, ordinance, regulation, or statute.

6. The improvement or use allowed by the permit has become detrimental to the public health, safety and general welfare, or the manner of operation constitutes or is creating a public nuisance.

G. Permits issued in error are null and void. All departments, officials, and employees of the County who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title and shall issue no permit or license for uses, buildings, or purposes where the same would be in conflict with these provisions. Any permit or license issued in conflict with this title shall be null and void.

H.The property owner may initiate the termination of a permit, entitlement, or approval that is no longer in use or desired by submitting a written required to the Director. The Director, or designee, shall prepare and mail to the property owner a formal written notice of the action approving or denying the request within ten (10) days of receipt of the request in writing. Should the termination request be approved, the County shall record a Notice of Action to formalize the decision (Ord. 3471 § 18, 2024).

A. Applicability. An application shall not be accepted or acted upon if, within the past one year, the County has denied an application for a

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project that has the majority of the same characteristics on the same real property, unless the Director finds one or more of the following circumstances to exist:

promptly notify the applicant thereof. Nothing set forth in this section shall prohibit the County from participating in the defense of any claim, action, or proceeding.

1. New Evidence. There is new evidence that would support approving the project that was not presented at the previous hearing and could not have been previously discovered in the exercise of sufficient diligence by the applicant.

2. Substantial and Permanent Change of Circumstances. There has been a substantial change of circumstances making the project financially infeasible since the previous hearing that affects the applicant's real property.

3. Mistake at Previous Hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application.

for Discretionary Land Use Approvals.

A. Applicability. At the time of submitting an application for a discretionary land use approval, and as a condition of approval, all applicants requesting such an approval agree, as a part of the required application, to defend, indemnify, and hold harmless the County from any claim, action, or proceeding brought to attack, set aside, void, or annul any subsequent approval by the County that is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the County, costs of suit, attorneys' fees, and other costs and expenses incurred in connection with any such claim, action, or proceeding. County Counsel shall draft, and the approving authority shall approve, such language as may be included as a condition of approval of any entitlement or discretionary land use approval granted by the County. The provisions of this section shall apply in all cases whether or not such language is reflected in the approval of any entitlement or discretionary land use approval granted by the County.

B. Notification. In the event that a claim, action, or proceeding referenced in Section 17.98.160.A is brought, the County shall

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