This chapter provides procedures and requirements for the preparation, filing, and initial processing of the permit applications and approvals required or offered by this Zoning Code.
(Ord. 1976 § 2, 2019)
Table 6-1 (Review Authority), below, identifies the Review Authority responsible for reviewing and making decisions on each type of application required by this Zoning Code.
Table 6-1 Review Authority
Type of Action
Applicable Code Citation
Role of Review Authority(1)(2)
Director
Commission
Board
A. Administrative Permits and Actions
Administrative Permits
18.114
See Table 6-2 (Administrative Permits Review Authority)
Minor Deviations
18.126
Decision
Appeal
Appeal
Reasonable Accommodations
18.120
Decision
Appeal
Appeal
Sign Permits/Comprehensive Sign Programs
18.44
See Table 6-3 (Site Plan and Design Review Authority)(3)
Site Plan and Design Reviews
18.122
See Table 6-3 (Site Plan and Design Review Authority)(3)
Temporary Use Permits
18.124
Decision
Appeal
Appeal
Zoning Clearances
18.128
Issuance
Appeal
Appeal
Zoning Code Interpretations
18.04
Decision
Appeal
Appeal
B. Quasi-Judicial Permits and Actions
Conditional Use Permits
18.116
 
Decision
Appeal
Major Modifications
18.116
 
Decision
Appeal
Minor Modification
18.116
Decision
Appeal
Appeal
Planned Development Permits
18.118
 
Decision
Appeal
Variances
18.126
 
Decision
Appeal
C. Legislative Actions
Density Bonus for Affordable Housing
18.66
 
Recommend
Decision
Development Agreements and Amendments
18.148
 
Recommend
Decision
Specific Plans and Amendments
18.150
 
Recommend
Decision
Zoning Code Text/Zoning Map Amendments
18.142
 
Recommend
Decision
General Plan Text/Map Amendments
18.142
 
Recommend
Decision
D. Subdivision Maps and Other Approvals
Tentative Maps, Final and Parcel Maps
See Title 17 (Subdivisions)
Lot Line Adjustments, Mergers, and Approvals
See Title 17 (Subdivisions)
Notes:
1.
"Decision" is a discretionary action where the Review Authority makes the final decision on the matter; "Appeal" means that the Review Authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 18.144 (Appeals); "Issuance" is a ministerial action where the Review Authority may consider and grant the request in compliance with this Zoning Code; "Recommend" means that the Review Authority should provide preliminary review and forward input to the decision-making Review Authority for consideration.
2.
Any Review Authority may defer action and refer the request to the next higher Review Authority level for consideration and final action. In cases where the Board is specified as the Review Authority, the Board shall be the final level of review.
3.
Site Plan and Design Review, as well as the review of Sign Permits and Comprehensive Sign Programs are shared by the Department staff, the Director, and the Commission. The specific Review Authority for these actions are further specified in Table 6-3.
(Ord. 1976 § 2, 2019)
A. 
Concurrent Filing. An applicant for a development project that requires the filing of more than one application (e.g., Conditional Use Permit, Tentative Map), shall file all related applications concurrently, together with all application fees required by Section 18.112.050 (Application and Other Related Fees) below, unless these requirements are waived by the Director.
B. 
Concurrent Processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or denied by the highest Review Authority designated by this Zoning Code for any of the applications. For example, a project for which applications for Zoning Map Amendment and a Conditional Use Permit are filed shall have both applications decided by the Board, instead of the Commission being the final decision-making authority for the Conditional Use Permit as otherwise required by Table 6-1. In the example cited, the Commission would still hear all the applications (the Zoning Map Amendment and the Conditional Use Permit) and forward recommendations to the Board.
(Ord. 1976 § 2, 2019)
A. 
Development Review Process. A proposed development project is typically subject to four review phases:
1. 
Application Submittal. An application is submitted, along with all applicable fees, to the Department, determined if complete for processing, and determined if exempt or subject to further environmental review;
2. 
Application Processing. Review by County departments and other concerned agencies in compliance with this Zoning Code and CEQA requirements specified in Section 18.112.080 (Environmental Assessment), below;
3. 
Application Action. Approval, conditional approval, or denial of the application. A denial may be appealed to the next higher Review Authority; and
4. 
Building Permits. Construction plans submitted to the Building Division are reviewed by the Department for compliance with any approved land use permit and the development standards specified in this Zoning Code's development.
B. 
Eligible Applicants.
1. 
May Be Filed by Owner(s), Lessee(s), and Agent(s). An application for a discretionary permit or a Zoning Map Amendment may only be filed by the owner(s) of the subject property, a lessee with at least a five-year lease, or an authorized agent of the property owner(s) with the written consent of the property owner(s). Any interested party may apply for a Zoning Code Text Amendment since they apply Countywide.
2. 
Signature of Owner(s) Required. The application shall be signed by the property owner(s) of record or may be signed by the lessee or by authorized agent of the property owner(s) if written authorization from the property owner(s) of record is filed concurrently with the application.
C. 
Application Contents.
1. 
Each application for a permit, amendment, or other matter pertaining to this Zoning Code shall be filed with the Department on a County application form, together with all required fees and/or deposits and all other information and materials specified in the most up-to-date Department handout for the specific type of application and/or as specified by the Director.
2. 
Applicants are encouraged to contact the designated Department staff member before submitting an application to verify which materials and fees are necessary for application filing and/or to arrange for an appointment for submittal.
3. 
The applicant shall verify the contents of the application and the date of verification shall be noted on the application.
D. 
Application Filing Status.
1. 
Application Filing and Determination. The application shall be prepared by the applicant and submitted to the Department where County staff will make the following determinations, if applicable:
a. 
Proposal is consistent with the General Plan.
b. 
Proposed use(s) are allowed within the zone for which it is intended.
c. 
Type of permit required.
d. 
Legal status of property.
e. 
There are outstanding violations on the property which need to be cleared prior to application acceptance.
2. 
Cannot Lawfully be Approved. If the Director determines that an application cannot lawfully be approved by the County (e.g., a request for a Zoning Map amendment or Conditional Use Permit could not be approved in the absence of a concurrent General Plan amendment application or a Conditional Use Permit application proposes a use that is not allowable in the subject zone), or the application constitutes a non-allowed resubmittal of a previously denied request in compliance with Section 18.130.100 (Resubmittals), the Director shall not accept the application for processing and any collected fees shall be returned.
3. 
Not Within the Scope. In cases where the Director considers the reasons and conditions specified in the application not within the scope of the requested permit or approval, or that the application is incomplete, the applicant shall be so informed and given an opportunity to complete the application in compliance with Section 18.112.070 (Initial Application Review).
4. 
Signed by Eligible Applicants. If the application is filed and the required fees are accepted, the application shall be signed by the applicant to the effect that the applicant was informed of the matters specified in paragraph (D)(2) above.
5. 
Acceptance Does Not Constitute Approval. Acceptance of the application and/or fees does not constitute an indication of approval nor imply that the application is complete.
(Ord. 1976 § 2, 2019)
A. 
Fee Schedule.
1. 
The Board shall establish a schedule of fees for the processing of the applications required by this Zoning Code, hereafter referred to as the Fee Schedule.
2. 
The Fee Schedule is intended to allow recovery of all costs, to the maximum extent allowed by law, incurred by the County in processing permit applications.
3. 
The Fee Schedule may be amended as often as deemed necessary by the Board.
B. 
Timing of Payment.
1. 
Along with each application is a processing fee that is based on the amount of staff time to process the application. The more complex and higher level of approval required for the application, the higher the fee.
2. 
Applications shall not be deemed complete and processing shall not commence on any application until the applicant has paid all required fees or deposits. Payment of required fees and/or deposits shall not deem the application complete.
3. 
Failure to make timely payments of required fees and/or deposits shall be a basis for denial or revocation of any permit or other requested entitlement, notwithstanding any other provisions of this Zoning Code.
C. 
Refunds and Withdrawals.
1. 
Application fees cover County costs for public hearings, mailings, staff and consultant time, and the other activities involved in processing applications.
2. 
No fee refund based on application denial shall be allowed.
3. 
In the case of an application withdrawal, the Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal.
(Ord. 1976 § 2, 2019)
A. 
Applicant Agreement. At the time of submitting an application for a discretionary land use approval, the applicant shall be deemed to have agreed as part of the application, to defend (with legal counsel of County's selection), indemnify, and hold harmless the County and its elected and appointed officials, agents, attorneys, employees, and officers, from any action, claim or proceeding brought against the County or its elected and appointed officials, agents, employees and officers to attack, set aside, void, or annul a discretionary land use approval of the County, 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 an action, claim, or proceeding referred to in Subsection A above is brought, the County shall promptly notify the applicant of the existence of the action, claim, or proceeding and the applicant shall cooperate fully in the defense of the action, claim, or proceeding.
C. 
County Participation in Defense. Nothing in this section shall prohibit the County from participating in the defense of any action, claim, or proceeding if the County elects to bear its own attorneys' fees and costs and defends the action in good faith.
(Ord. 1976 § 2, 2019)
A. 
Application Completeness. Within the timelines prescribed by law, the Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director's determination of completeness shall be based on the County's list of required application contents and any additional written instructions provided to the applicant and/or during the initial application review period (Government Code Section 65943).
1. 
Determination of Completeness. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be notified in writing that the application is complete and the remaining fees that are necessary in order for processing to begin; or that the application is incomplete and that additional information shall be provided within 14 days. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the Director's determination in compliance with Chapter 18.144 (Appeals).
2. 
Environmental Determination. The environmental determination will assess whether the project is exempt from environmental review or requires either a Negative Declaration or Environmental Impact Report (see Section 18.112.080 Environmental Assessment below).
3. 
Submittal of Additional Information.
a. 
When the Director determines that an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by paragraph (A)(4).
b. 
The additional specified information shall be submitted in writing or electronically, as required by the Director.
c. 
The Director's review of the additional information submitted by the applicant shall be accomplished in compliance with paragraph (A)(1), along with another 30-day period of review for completeness.
4. 
Expiration of Application.
a. 
If an applicant fails to provide the additional information specified in the Director's letter within 60 days following the date of the letter, or shorter time frame as specified by the Director, the application shall expire and be deemed withdrawn without any further action by the County, unless a written request for a time extension is submitted by the applicant and approved by the Director.
b. 
After the expiration of an application, future County consideration shall require the submittal of a new, complete application and associated filing fees.
5. 
Processing Schedule. Upon receipt of the fee and/or additional information, application processing shall begin and the applicant shall be sent a processing schedule with tentative dates for referrals, environmental review, and decision on the application.
6. 
Application Available for Public Review. After an application has been accepted as complete, in compliance with the Freedom of Information Act, the County may, if requested, make the application available for public review.
7. 
Environmental Information. After an application has been accepted as complete, the Director may require the applicant to submit additional information and any required fees needed for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA), the County's CEQA guidelines and Section 18.112.080 (Environmental Assessment) below.
B. 
Withdrawal or Return of Application. An application may be withdrawn and returned to the applicant if requested in writing by the applicant. The Department may also terminate an application if the applicant fails to supply requested information necessary to formulate a recommendation within a reasonable period of time after notification.
C. 
Referral of Application. At the discretion of the Director and where required by County, State, or Federal law, any land use application may be referred to any responsible public agency that may be affected by or have an interest in the proposed project.
D. 
Project Review Procedures.
1. 
Investigation of Facts. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this article.
2. 
Inspection of Premises.
a. 
Pre-Inspections. The Director shall have access to the premises subject to the application in order to make an inspection(s) to confirm the statements contained in the application and accompanying graphic materials and to make a judgment as to its suitability.
b. 
Post-Inspections. After approval, the Director shall have access to the subject premises to confirm compliance with this Zoning Code and all conditions of permit approval.
3. 
How Applications Are Processed.
a. 
Common Planning Permit Applications. The following is a summary of the most common planning permit applications. The applications discussed here are:
(1) 
Zoning Clearance (by right permitted uses);
(2) 
Administrative Permits;
(3) 
Conditional Use Permits;
(4) 
Minor Deviations; and
(5) 
Zoning Map Amendments.
b. 
Complete Discussion. A complete discussion on how all planning permit applications are processed is covered further in this chapter.
c. 
Divisions of Property. Other types of planning permit applications involving divisions of property or boundary line adjustments are covered in County Code Title 17 (Subdivision Code).
d. 
Zoning Clearance.
(1) 
Uses of land that are allowed by right in a specific zone are called "allowed uses." In many zones, a Zoning Clearance for these permitted uses shall first be reviewed and issued by the Director in consultation with County Fire Department, Roads Division, and Division of Environmental Health. Zoning Clearances are necessary to demonstrate compliance with all applicable County laws and regulations before the issuance of a Building Permit, or the initiation of an activity where no Building Permit is needed.
(2) 
Before preparing a Zoning Clearance, an applicant should read a copy of the "Zoning Clearance Checklist" provided by the Department. When a Zoning Clearance is submitted to the Department, it is checked at the counter by a Planning Technician to see if it has all the basic data needed and appears to meet the Zoning Code requirements. If it is acceptable, an application may be filed along with the applicable fees. Once filed, the application shall be given to a staff planner for review and determination if it can be approved as submitted.
e. 
Administrative Permits.
(1) 
Administrative Permits are for uses of land that require special review and control to ensure they are compatible with the neighborhood and surrounding residences. They are considered more likely to have greater impacts than uses permitted by right in the zone, but lesser impacts than uses permitted under Conditional Use Permits, in compliance with subparagraph f of this paragraph.
(2) 
When this Zoning Code requires an Administrative Permit for a use proposed by an applicant, the processing is completed at one of four levels: (i) over-the-counter review by staff; (ii) Director decision without a public hearing; (iii) Hearing Officer decision at a public hearing; and (iv) Commission decision at a public hearing. The level of review is determined by the project proposal, its location, potential for controversy or opposition, potential environmental impacts, and other similar considerations.
f. 
Conditional Use Permits. Conditional Use Permits are for uses of land that require special review and control to ensure they are compatible with the neighborhood and surrounding land uses. They are considered more likely to have greater impacts than uses permitted by right or by Administrative Permit, in compliance with subparagraph e above. This Zoning Code requires that all Conditional Use Permit applications be reviewed by the Commission.
g. 
Minor Deviations. Minor Deviations are only approved when, because of special circumstances applicable to the property, the strict application of this Zoning Code denies the owner of the property privileges enjoyed by other property located nearby and in an identical zone. Specific findings (see Section 18.126.050 Findings and Decision) are required and associated conditions are applied that would work together to guarantee that the Minor Deviation shall not constitute an approval of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located.
h. 
Zoning Map Amendments.
(1) 
All land in the unincorporated areas of the County is classified into various "zones," as in "A-2" (Exclusive Agricultural), "R-1" (Single-Family Residential), "C-2" (General Commercial), etc. These zones are shown on the County Zoning Map, and the text of this Zoning Code describes the uses allowed and development standards for each zone.
(2) 
A Zoning Map Amendment is the procedure by which land is reclassified into a different zone. Since a Zoning Map Amendment results in a change in the adopted Zoning Map, the decision to approve the change shall be brought before both the Commission and the Board. It is not unusual to process a General Plan Map Amendment concurrently with a Zoning Map Amendment, since the General Plan is the County's guiding land use policy document on which the Zoning Map is based, and the two must be consistent.
E. 
Staff Report and Recommendations. Except for over-the-counter permits and approvals, a staff report shall be prepared by the Department that describes the conclusions of the staff about the proposed land use and any accompanying development. The report shall identify the project's compliance and consistency, or lack of compliance and consistency, with this Zoning Code, other applicable County provisions, applicable Community Specific Plans, and the General Plan. The staff report shall include a recommendation for approval, or denial of the application, based on the evaluation and consideration of information provided on the application, and the initial study or Environmental Impact Report. The staff report, shall include a list of recommended findings and conditions, as necessary.
(Ord. 1976 § 2, 2019)
A. 
CEQA Review. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine whether:
1. 
The proposed project is exempt from the requirements of CEQA;
2. 
The proposed project is not a "project" as defined by CEQA;
3. 
A Negative Declaration may be issued;
4. 
A Mitigated Negative Declaration may be issued; or
5. 
An Environmental Impact Report (EIR) shall be required.
B. 
Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and the County's CEQA guidelines.
C. 
Special Studies Required. One or more special studies, paid for in advance by the applicant, may be required to complete the County's CEQA compliance review. These studies shall become public documents and neither the applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents' availability to the public.
(Ord. 1976 § 2, 2019)