After an application for a discretionary development project has been approved in accordance with this chapter, and all the discretionary permits required for the development project have been obtained, then the permits, including attached conditions, shall be issued to the applicant after expiration of the applicable appeal period, or exhaustion of all appeal procedures, in accordance with the following:
(A) 
Actions to approve, conditionally approve, or deny minor administrative permits acted upon by planning staff designated by the Planning Director may be administratively appealed to the Planning Director within 14 days of staff action on the permit application, in accordance with the procedures in Article VI of this chapter. An action on an appeal that is taken by the Planning Director shall be considered final.
(B) 
Actions to approve, conditionally approve, or deny administrative permits processed with public notice as required by SCCC § 18.10.116 and acted upon by the Planning Director or designee may be appealed to the Zoning Administrator within 14 calendar days from either the date of publication of the public notice of pending action or the date the notices are mailed, whichever is later. If an appeal is filed in accordance with the procedures in Article VI of this chapter, then the action on the permit application shall not become effective until the appeal has been resolved and all applicable appeal procedures exhausted.
(C) 
Actions to approve, conditionally approve, or deny discretionary permit applications considered at public hearings before the Zoning Administrator or Planning Commission are issued after an appeal period of 14 calendar days (except in the cases of tentative map approvals which require 10 calendar days and extensions of tentative maps which require 15 days) from the date of action, unless an appeal is filed. Actions on discretionary permit applications considered by the Board of Supervisors outside the Coastal Zone or inside the Coastal Zone, but not appealable to the Coastal Commission pursuant to SCCC § 13.20.122, are final on the date of Board action. Actions on discretionary permit applications considered by the Board of Supervisors inside the Coastal Zone are final the day after the appeal period to the Coastal Commission has ended unless an appeal to the Coastal Commission has been filed. Actions to approve, conditionally approve, or deny discretionary permits for projects are made by the appropriate approving body and are appealable only as specified and in accordance with the procedures in Article VI of this chapter. If an appeal is filed, action on the permit application(s) shall not become effective until the appeal has been resolved or all applicable appeal procedures exhausted. Permits which require Coastal Zone approvals shall not be issued until notice of the ending of the Coastal Zone appeal period is received.
(D) 
Coastal Development Permit Appeal. When an appeal of a coastal development permit approval is filed with the Coastal Commission, the permit shall not be issued until the appeal has been resolved and the County has reviewed the Coastal Commission's action pursuant to SCCC § 18.10.360.
(E) 
Transfer of Permits. Except for Type A facilities, tent and RV camping sites pursuant to SCCC § 13.10.689, and vacation rental permits within the Davenport/Swanton Designated Area (DASDA), the Live Oak Designated Area (LODA), and the Seacliff/Aptos/La Selva Beach Designated Area (SALSDA), which have a five-year lifespan unless renewed, all permits issued pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site which was the subject of the permit application unless otherwise specified by the approving body at the time the permit was granted. All time limits in effect at the time of the transfer are still in effect and are not extended by the transfer. Residential building permit allocations (positions on the lottery list) are not permits and are not transferable.
(F) 
Emergency Permits. Procedures for emergency permits are provided in the following sections: grading regulations, SCCC § 16.20.116, Emergency permit approvals; and Coastal Zone regulations, SCCC § 13.20.090, Emergency development.
(G) 
Effective Date. The effective date of any permit or the date when any permit may begin to be exercised shall be the first business day after all applicable appeal periods have lapsed, or the first business day after final action has occurred on any appeal.
(Ord. 4044 § 2, 1990; Ord. 4075 § 2, 1990; Ord. 4496-C § 102, 1998; Ord. 4500-C §§ 2, 3, 1998; Ord. 4818 § 2, 2006; Amended during 9/07 supplement; Ord. 5427 § 7, 2022; Ord. 5443 § 7, 2024)
(A) 
Intent. The expiration date established pursuant to this section is imposed to allow the County to review prior development permit approvals with an opportunity to alter, revoke, or refuse to renew or extend the expiration date of projects which have not been carried out and which may conflict with the public interest as a result of changed conditions or circumstances, changes in the General Plan, or new ordinances or statutes enacted for the benefit of the public. (See SCCC § 18.10.133 for procedures for time extensions.)
(B) 
Discretionary Development Permit Expiration. A discretionary development permit shall expire and become void two years following the date it becomes effective unless:
(1) 
The Planning Director establishes a longer time period for permits requiring a residential building permit allocation, in which case the discretionary development permit will run with the residential building permit allocation;
(2) 
The permit is extended or renewed pursuant to SCCC § 18.10.133;
(3) 
A longer or shorter time period is specified by conditions of the permit;
(4) 
A building permit for the project is obtained and construction is commenced prior to the expiration date and diligently pursued toward completion; or
(5) 
In cases where a building permit is not required, the use allowed by the development permit is commenced in compliance with permit conditions prior to the expiration date.
(C) 
Failure to File Parcel Map, Final Map, or Deed. An approved or conditionally approved parcel map or tentative map shall expire 24 months after its approval or conditional approval unless a longer time frame is established by State law or by the Board of Supervisors. The expiration of the approved or conditionally approved parcel map or tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included with such map shall be filed without first processing a new map. An application for a renewal of a parcel map or tentative map to change the date of expiration may be filed pursuant to SCCC § 18.10.133.
(D) 
Cessation of Use. If the exercise of a use permitted by a development permit ceases or is abandoned for cumulatively more than 24 months of the previous five years, then without further action by the County, said permit shall become null and void unless provisions applicable to nonconforming uses and nonconforming structures provide otherwise or a permit is obtained pursuant to such nonconforming regulations.
(E) 
Other Provisions. Development permits issued pursuant to this chapter may be extended under the provisions of other pertinent County ordinances, for example, to make allowance for the suspension of winter operations pursuant to the grading or erosion control ordinances.
(F) 
No Automatic Extension. Under no circumstances, whether through conditions beyond the control of the permittee, lack of actual notice of expiration, reliance on an error of public officials, or for any other reason shall the expiration date of a permit be automatically extended or estop the County from treating such a permit as expired, except as may be required by relevant provisions of State law.
(Ord. 4044 § 2, 1990; Ord. 5427 § 7, 2022)
(A) 
Development Permits and Planning Approvals. A discretionary development permit or planning approval may be renewed or extended up to five times for an additional period of not to exceed one year at a time; provided, that an application to amend or extend the permit or approval by changing the expiration date is filed with the Planning Department before the expiration date of the development permit. Time extensions for development permits shall be processed administratively, with no public notice required unless the Planning Director determines that a higher-level process shall be followed to process the extension request, pursuant to SCCC § 18.10.124(B), except for time extensions for coastal development permits, which must be processed pursuant to Chapter 13.20 SCCC. An application to amend a discretionary development permit or planning approval by changing the expiration date may be approved or denied, or the conditions of the original permit or approval may be modified or new conditions added.
Notwithstanding the foregoing, any development permit or other regulatory approval by any agency of the County of Santa Cruz that pertains to a development project included in a tentative subdivision map that is extended pursuant to subsection (B) of this section and/or pursuant to Government Code Section 66452.11(a) and/or 66452.13(a) shall be extended for the same period that the tentative map is extended.
(B) 
Land Division Permits. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved parcel map or tentative map, the time at which such map expires may be extended by the approving body for a period or periods not exceeding a total of five years from the date of the expiration of the original map approval. Requests for time extensions for all tentative map approvals shall be initiated by the subdivider on forms provided by the Planning Department. Such requests shall be processed administratively, with no public notice required unless the Planning Director determines that a higher-level process shall be followed to process the extension request, pursuant to SCCC § 18.10.124(B), except that the appeal period shall be 15 calendar days, and time extensions for land divisions in the coastal zone must be processed pursuant to Chapter 13.20 SCCC. When considering such requests, the Planning Director or approving body may add or modify any conditions of approval of the original tentative map.
(Ord. 4044 § 2, 1990; Ord. 4243 § 24, 1993; Ord. 4276 § 1, 1993; Ord. 4437 § 2, 1996; Ord. 4496-C § 103, 1998; Ord. 5427 § 7, 2022; Ord. 5443 § 8, 2024)
(A) 
Grounds for Amendment. Amendment to an approved discretionary development permit or planning approval may be made on the following grounds: change of circumstances; new information; correction of errors; or public health, safety, and welfare considerations.
(B) 
Types of Amendment. The following types of amendment apply to all planning approvals, including discretionary development permits and land division approvals:
(1) 
Corrections, Refinements and Substantial Conformance. A correction or refinement is a change which corrects an error or omission in a planning approval, or refines the approved project, in a manner which is not at a notable level of difference from the decision of the approving body or not at variance with County ordinances or regulations, and which does not involve a significant modification of a design consideration or an improvement, and which does not involve a change to a condition of approval. Such corrections and refinements are considered to be in substantial conformance with the planning approval, and do not require formal amendment of the permit or approval, but a memorandum should be placed in the project file to document the correction or refinement that is in substantial conformance with the planning approval.
(2) 
Minor Variations. A minor variation is an amendment to a planning approval that changes the project in a noticeable but relatively minor manner, including (without limitation) changes in project design, improvements, or conditions of approval, if the amendment does not affect the overall concept, density, or intensity of use of the approved project, and if it does not involve a significant modification of a design consideration, an improvement, or a condition of approval which was a matter of significant controversy at the public hearing at which the planning approval was granted.
(3) 
Modifications. A modification is a change to a final map or parcel map based on a finding that changed circumstances or new information makes one or more aspects of such planning approval no longer appropriate or necessary, which change does not impose any additional burden on the present fee owner of the property and does not alter any right, title, or interest in the real property reflected in any recorded map (see Government Code Section 66472.1 and any successor provisions), and which does not involve a modification of a design consideration, an improvement, or a condition of approval which was a matter of significant controversy at the public hearing at which the planning approval was granted.
(4) 
Major Amendments. Any change to a planning approval which does not qualify as a minor variation, correction, refinement, or modification shall be deemed a major amendment.
(C) 
Procedures for Amendments.
(1) 
Initiation. Except as otherwise provided herein, any amendment (including a minor variation, correction, refinement, modification, or major amendment) may be initiated by the current holder of the planning approval, the Planning Director, the Planning Commission, or the Board of Supervisors.
(2) 
Processing Different Types of Amendments to Planning Approvals.
(a) 
Except as otherwise provided herein, including SCCC § 13.20.100(A), the processing level and applicable application, notice, hearing, and other requirements shall be as follows:
(i) 
No formal amendment of planning approval is required for corrections and refinements; planning staff should place a memorandum in the project file to document the correction or refinement that is in substantial conformance with the planning approval;
(ii) 
Minor variations are processed by the Planning Director or designee, as minor administrative permits, in accordance with this chapter. Minor variations to coastal development permits shall be processed administratively with public notice in accordance with the requirements provided in SCCC § 13.20.100 for minor development, to include noticing requirements and transmission of a final local action notice (FLAN) to the Coastal Commission; and
(iii) 
Major amendments and modifications initiated by the current holder of the planning approval shall be publicly noticed in the same manner as the original project was noticed for the last approving body that took final action on the original project that is being requested to be amended or modified, with the last approving body to take action on the major amendment or modification, with appeal rights as provided by this chapter for actions of the approving bodies. Major amendments and modifications to coastal development permits shall be processed pursuant to regular coastal development permit requirements specified in Chapter 13.20 SCCC, including SCCC § 13.20.100, to include noticing requirements and transmission of a FLAN to the Coastal Commission.
(b) 
If the Board of Supervisors or the Planning Commission initiates any type of minor variation, modification or major amendment, such Board or Commission may order that the amendment be considered by the Planning Commission or Board of Supervisors rather than by the approving body established by subsections (C)(2)(a)(ii) and (iii) of this section. Furthermore, all types of amendment decisions are subject to the applicable appeal provisions that apply to actions of the approving body, as well as the special consideration provisions set forth in SCCC § 18.10.310 through § 18.10.360.
(c) 
The provisions of SCCC § 18.10.124(B) authorizing referral to the next higher approving body are applicable to all types of amendments, and any amendment which was a matter of substantial controversy at the public hearing at which the original planning approval was given shall be immediately referred to such approving official or body.
(D) 
Limitation of Authority.
(1) 
Required Findings. No amendment of any type may be approved unless the approving official or body is able to make the findings required by SCCC § 18.10.230 and any other applicable sections of the SCCC that are required for the type of permit being acted upon in the event of a discretionary development permit, and SCCC § 14.01.401 through § 14.01.407, inclusive, in the event of a land division approval.
(2) 
Limitation to Amendment Initiated. The hearing on an application for amendment filed by the current holder of the planning approval shall be limited to that part of the planning approval affected by the application, unless the approving official or body finds that the amendment proposed should not be considered in isolation from all or any part of the effective planning approval.
(3) 
Limitation as to Amendment of Final Land Division Maps. Corrections and modifications of final maps or parcel maps recorded following land division approvals shall be limited as provided in Government Code Sections 66469 through 66472.2, inclusive, and SCCC § 14.01.340 through § 14.01.343, inclusive.
(4) 
Limitation on Major Amendment Applications by Current Holder of Planning Approval. No current holder of a planning approval may apply for a major amendment within one year from the date such approval or a major amendment thereto became final without the approval of the last approving body that took action upon the project.
(5) 
Limitation on Major Amendments Initiated by County. Any major amendment initiated by the County shall be processed in accordance with the procedures and standards set forth in SCCC § 18.10.134 as to notification to affected property owners.
(Ord. 4044 § 2, 1990; Ord. 4496-C § 104, 1998; Ord. 4818 § 3, 2006; amended during 9/07 supplement; Ord. 5018 § 17, 2008; Ord. 5427 § 7, 2022; Ord. 5443 § 9, 2024)
In all cases where an approving body has taken a final action to deny an application for a permit or other approval, a new application for the same or substantially the same project on the same property shall not be filed within one year from the date of denial without the prior consent of the original approving body, unless the approving body makes a determination that the denial is "without prejudice" at the time of issuing findings for denial.
(Ord. 4044 § 2, 1990; Ord. 5427 § 7, 2022)
(A) 
Permits Which May Be Revoked. Any permit heretofore or hereafter granted may be revoked or amended in lieu of revocation by the Planning Commission or Board of Supervisors, as provided herein, upon a finding that any term or condition of the permit has not been, or is not being complied with or that the permit has been issued or exercised in violation of any statute, law or regulation, or in a manner which creates a nuisance, or is otherwise detrimental to the public health and safety. Such revocation may be initiated by resolution of intention adopted by majority vote of either the Board of Supervisors or by the Planning Commission, or may be initiated by the Planning Director by scheduling a hearing before the Planning Commission to consider the revocation. Notice of the intention to take such an action shall be provided to the permittee of the noncompliance, violation, or nuisance and reasonable opportunity consistent within the public health and safety for permittee to correct same to the satisfaction of the County. Such reasonable opportunity for correction may be provided by scheduling the actual hearing on revocation for a date which will allow time for such correction.
(B) 
Hearing Procedures. If an action is taken or resolution of intention is adopted to initiate the revocation of any planning approval, the Planning Director, Planning Commission or Board of Supervisors shall set the matter for a hearing, giving notice of the time, place, and decision-making body that will conduct the hearing as prescribed in SCCC § 18.10.117. A copy of the intention to initiate revocation of the planning approval shall be sent to the current owner of record. Upon the conclusion of the hearing, the Planning Commission or the Board of Supervisors may, upon making the appropriate findings, either revoke the permit or amend the permit in lieu of revocation.
(C) 
Appeal Procedures. Any decision of the Planning Commission to revoke a permit or amend a permit in lieu of revocation shall be subject to the appeal and special consideration provisions set forth in SCCC § 18.10.310 through § 18.10.360, inclusive. Any decision by the Board of Supervisors to revoke a permit or amend a permit in lieu of revocation shall be final, except for revocation or amendment of permits for projects cited in SCCC § 13.20.120(B)(5) (major public works projects and major energy facilities) which may be appealed to the Coastal Commission according to the provisions of SCCC § 13.20.122.
(D) 
New Application After Revocation. Following the revocation of a permit, no application for a permit for the same or substantially the same use on the same parcel shall be filed within one year after the date of revocation, without the prior consent of the Board of Supervisors.
(Ord. 4044 § 2, 1990; Amended during 9/07 supplement; Ord. 5427 § 7, 2022)
(A) 
All permits and approvals issued under this chapter shall be in substantial conformance with the provisions of the adopted County General Plan. Any proposed permit or approval which is not in substantial conformance with the existing adopted General Plan may be issued or approved only concurrently with the adoption of appropriate amendments to the General Plan necessary to maintain consistency. "Substantial conformance," as used in this section, means that the permits and approvals must be in harmony with the policies, objectives, and land use programs of the General Plan.
(B) 
All proposals for residential development of property within the urban services line, except for accessory dwelling units and residential remodels, at less than the lowest end of the designated density range of the County General Plan—LCP land use designation where there is the potential that three or more new units could be accommodated on site at the lowest end of the density range shall be subject to review by the development review group. Following completion of the development review group (DRG) process, the proposal and the information developed as a result of the DRG process shall be referred to the Board of Supervisors for a preliminary General Plan consistency determination at a public hearing. Proposals of four or fewer lots (or units) shall have their DRG meeting within 45 days from the date of application and shall be considered by the Board of Supervisors at a public hearing within 60 days from the date of the DRG meeting.
(Ord. 4044 § 2, 1990; Ord. 4671 § 3, 2002; Ord. 5239 § 17, 2017; Ord. 5264 § 22, 2018; Ord. 5427 § 7, 2022)[1]
[1]
Code reviser's note: Ord. 4671 § 4 provides that the requirements of SCCC § 18.10.140(B) shall not apply to any application deemed complete as of the effective date of Ordinance 4671.
All discretionary permits and legislative matter approvals issued pursuant to this chapter shall be processed in accordance with the California Environmental Quality Act and Guidelines as prescribed in Chapter 16.01 SCCC.
(Ord. 4044 § 2, 1990; Ord. 5427 § 7, 2022)
All permits and approvals issued pursuant to this chapter for projects in the Coastal Zone shall be in compliance with the regulations of Chapter 13.20 SCCC (Coastal Zone Regulations).
(Ord. 4044 § 2, 1990)