All terms used in this chapter shall have the meanings as defined in the General Plan or Local Coastal Program glossaries, and as follows:
"Administrative permit" or "administrative project"means a type of discretionary permit or discretionary project which is acted upon by the Planning Director or their designee, either with or without public notice as specified by applicable County Code provisions, and without a required public hearing.
"Approving body"means the Planning Director, Agricultural Policy Advisory Commission, Historic Resources Commission, Zoning Administrator, Planning Commission, Board of Supervisors, or other duly appointed person or group which has been charged with decision-making authority regarding the approval, approval with conditions, or denial of applications for discretionary development permits or approvals. The approving body for legislative matters shall be the Board of Supervisors.
"Board"("BOS") means the Board of Supervisors of Santa Cruz County.
"Building permit"means a ministerial permit authorizing construction activities issued in conformance with Chapter
12.01 SCCC (Building Permit Regulations), which may only be issued after either (1) a zoning clearance and an environmental clearance have been completed by the Planning Department as required; and/or (2) all discretionary development permits or legislative actions required for the construction project have been considered and approved by the approving body.
means the Planning Commission as appointed by the County Board of Supervisors. See Chapter
2.74 SCCC.
means a portion of an agenda in which actions are taken by the approving body on applications for discretionary permits, including those for which a public hearing is required to be held as provided by this chapter, and for which the action taken will be pursuant to staff recommendations, conditions, and findings unless the item is removed to the regular agenda at the request of a member of the approving body.
"Development review group" or "DRG"means a group of County staff from several County departments and other public agencies that reviews proposed development projects to determine the extent of further information that will be needed to process the application, assesses the project for compliance with all County ordinances, and coordinates relevant comments and conditions to be incorporated into proposed projects to the applicant.
"Discretionary permit" or "discretionary project"means a permit or project that requires the exercise of judgment or deliberation when the approving body decides to approve, conditionally approve, or deny the permit or project, as distinguished from ministerial permits or projects for which the decision to issue the permit or approve the project involves little or no personal judgment by a public official, but only determinations about whether there is conformity with applicable statutes, ordinances, or regulations. Discretionary permits or discretionary projects are subject to the California Environmental Quality Act (CEQA) and an environmental determination is required prior to action on the discretionary permit or project.
"Engineering review group" or "ERG"means a group of County staff with representatives from the Department of Public Works and Planning which reviews development proposals for plan line and other traffic-related requirements or other infrastructure associated with new development. The ERG shall recommend plan line and infrastructure study parameters and shall review proposed plan line and infrastructure studies when submitted. The Planning Director may forward the ERG's recommendations concerning approval of the plan line or infrastructure requirements to the Board of Supervisors.
"Environmental clearance"means a ministerial administrative review to certify that an existing development or use of property conforms with applicable requirements of the Santa Cruz County environmental resource protection regulations of SCCC Title 16, and, if applicable, the terms and conditions of any previously approved development permit or variance. Plan check comments that result in revision of the project plans to achieve such conformity are not considered conditions of approval, as the plans are revised to reflect and ensure compliance with applicable provisions. Ministerial projects are exempt from CEQA.
"Environmental permit"means a discretionary permit issued to authorize development activities within environmental or historic resource areas which do not meet ministerial standards of SCCC Title 16 regulations and thus become discretionary projects. Environmental permits include a floodplain variance, a major grading permit, a grading exception, a land clearing permit, a riparian exception, a biotic permit, a significant tree in the coastal zone removal permit, and a historic alteration or historic demolition permit.
"Land division"means a tentative map, parcel map, or final map approval for land parcelization or subdivision. A land division is considered by the approving body after appropriate public involvement as required by this chapter and the SCCC Title
14 subdivision regulations and after planning staff review for compliance with all pertinent County ordinances, including, where applicable, for development outside the urban services line, the rural residential density determinations ordinance.
means those which establish or amend rules, policies, or standards, including but not limited to those which regulate use and development of land, such as adoption or amendment of the General Plan Text/Map, Local Coastal Program, Zoning Text/Map, a Specific Plan, a Planned Unit Development, and a Development Agreement. Amendments to SCCC Title 14, Subdivision Regulations, and SCCC Title 16, Environmental and Resource Protection, are also legislative actions. Legislative actions involving the exercise of discretion are governed by considerations of the public welfare and require public hearings. The approving body for all legislative actions is the Board of Supervisors.
"Ministerial permit" or "ministerial project"includes those for which the governmental decision to issue the permit or approve the project involves little or no personal or subjective judgment by a public official, but only determinations about whether there is conformity with fixed standards, objective measurements, and/or applicable statutes, ordinances, or regulations. Plan check comments that result in revision of the project plans to achieve such conformity are not considered conditions of approval, as the plans are revised to reflect and ensure compliance with applicable provisions. Ministerial projects are exempt from CEQA.
"Minor exception"means a type of discretionary authorization of exceptions to the zoning district site and development standards for a property for which the Board of Supervisors has specified the type and extent of exceptions that do not require the public hearing otherwise required for consideration of variance applications pursuant to Section
65901(b) of the California Government Code.
means a change to an approved permit or project that is determined by the Planning Director or designee to be in substantial conformance with the approved permit or project, such that the change is a minor modification of the permit or project that can be considered administratively.
"Modification of permit" or "modification of approval"means a modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit or approval. A "minor modification" is not a substantial modification and has the same meaning and is processed as a "minor variation" (see above). A "major modification" is a change that is determined by the Planning Director or designee to be a substantial change, not in substantial conformance with the approved permit or project, such that the original approving body considers and takes action on the modification request subject to the same public notice and hearing requirements as the original permit or approval.
"Notice of appeal"means a written document, properly and timely filed, which commences an appeal pursuant to Article VI of this chapter.
"Notice of public hearing"means a notice that includes the date, time, and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.
"Permit process" or "processing levels"means permit and approval processing procedures with varying application and review requirements, based on the nature or complexity of the project, the amount and type of public notice involved, whether or not a public hearing is required, the approving body which is authorized to take action on land use permit requests or legislative matters, and appeal provisions.
The permit processes and processing levels defined by Table 18.10.015-1 summarize requirements for consideration of clearances, permits and legislative matters and are further detailed by this chapter and other provisions of the County Code. There are seven different processing levels as established by this chapter for land use permit actions, with the alternate nomenclatures of each line below considered roughly equivalent: |
Table 18.10.015-1: Summary of Permit and Approval Framework |
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Level Nomenclature | Type of Permit or Clearance1; New Framework Nomenclature | Type of Action | Public Notice | Public Hearing | Appeal Decision Maker; Who May Appeal |
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PLANNING DIRECTOR OR DESIGNATED STAFF AS APPROVING BODY |
Level I, Level II | Zoning Clearance (ZC) Environmental Clearance (EC) | Ministerial | No | No | Planning Director, for certain actions (18.10.320); Applicant/Property Owner only |
Level III | Minor Permit MUP, MSP | Discretionary | No | No | Zoning Administrator; Applicant/Property Owner only |
Level IV | Administrative Permit AUP, ASP | Discretionary | Yes, 18.10.116(A) | No | Zoning Administrator; Any party |
ZONING ADMINISTRATOR AS APPROVING BODY |
Level V | Conditional Permit CUP, CSP | Discretionary | Yes | Yes | Planning Commission; Any party |
PLANNING COMMISSION AS APPROVING BODY |
Level VI | Conditional Permit CUP-PC, CSP-PC | Discretionary | Yes | Yes | Board of Supervisors (Jurisdictional hearing); Any party |
BOARD OF SUPERVISORS AS APPROVING BODY |
Level VII | Conditional Permit, CUP-BOS, CSP-BOS Legislative Matters | Discretionary | Yes | Yes | No County Appeal |
1 Key to Abbreviations: |
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ZC = Zoning Clearance |
EC = Environmental Clearance |
MUP = Minor Use Permit |
MSP = Minor Site Development Permit |
AUP = Administrative Use Permit |
ASP = Administrative Site Development Permit |
CUP = Conditional Use Permit |
CSP = Conditional Site Development Permit |
means any activity involving the issuance to a person by the County of a lease, permit, license, certificate, or other entitlement for use.
"Regular agenda"means a type of public hearing agenda in which public testimony is taken. An application for a discretionary permit heard on a regular agenda will be approved, conditionally approved or denied on the basis of the public testimony and the staff recommendation, findings, and conditions.
"Regular permit" or "regular project"means a project that requires a discretionary permit and/or legislative action that requires public notice and a public hearing and is acted upon by either the Zoning Administrator, Planning Commission, or Board of Supervisors, with the process and approving body determined as provided by this chapter and/or other provisions of the County Code.
"Site development permit" or "SDP"means a discretionary permit authorizing the physical development or improvement of a site. A conditional site development permit ("CSP") is considered after public notice and through a required public hearing, and if approval is granted it may be subject to identified conditions of approval. A "minor site development permit" ("MSP") does not require public notice or public hearing. An "administrative site development permit" ("ASP") requires public notice but does not require a public hearing. Any type of site development permit may be granted subject to conditions of approval.
"Use permit"means a discretionary permit which authorizes uses of land on a site that are not permitted by right within the zoning district and rules that apply to the site. A "conditional use permit" ("CUP") is considered after public notice and through a required public hearing, and if approval is granted it is usually subject to identified conditions of approval. A "minor use permit" ("MUP") does not require public notice or public hearing. An "administrative use permit" ("AUP") requires public notice but does not require a public hearing. Any type of use permit may be granted subject to conditions of approval.
Without Prejudice.A denial of a discretionary permit application made "without prejudice" enables the applicant to refile the application within the succeeding year without prior consent of the approving body which denied the permit.
"Variance"means a discretionary authorization of exceptions to the zoning district site and development standards for a property, considered at a public hearing unless the proposal qualifies as a minor exception. A variance is not a mechanism to authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the property.
"Zoning Administrator" or "ZA"means the Planning Director or their designee who performs the duties attached by law to the office of Zoning Administrator, as established by this chapter.
"Zoning clearance"means an administrative, ministerial review conducted by Planning staff to certify that an existing or proposed use or development on a property conforms with applicable requirements of the Santa Cruz County Zoning Ordinance, and that a discretionary permit is not required. Zoning clearances include review of terms and conditions of any previously approved discretionary approvals on a parcel. Zoning clearance reviews shall not include routing to other agencies for review.
(Ord. 5427 § 4, 2022)