A public list of building permits and development permits that have been approved and issued shall be maintained by the Planning Department and shall be available for inspection and review by the public on request.
(Ord. 4044 § 2, 1990; Ord. 5427 § 10, 2022)
The approving body may grant an approval for a project as the project was applied for or in modified form if, on the basis of the application and the evidence submitted, the approving body makes the general findings listed below as well as any other specific findings applicable to the requested permit or legislative action. No approval and no permit shall be issued unless the following required findings can be made:
(A) 
Discretionary Permits. A copy of the findings made by the Planning Director or designee shall be provided upon request for all discretionary permits approved, conditionally approved, or denied by the approving body. The findings shall be made in writing by the approving body and shall be provided to the applicant and be maintained for review by the public for all discretionary permits. The findings are as follows:
(1) 
General Findings.
(a) 
Health and Safety. The proposed location of the project and the conditions under which it would be developed, operated, or maintained will not be detrimental to the health, safety, or welfare of persons residing or working in the neighborhood or the general public and will not be materially injurious to properties or improvements in the vicinity.
(b) 
Zoning Conformance. The proposed location of the project and the conditions under which it would be developed, operated, or maintained will be in substantial conformance with the intent and requirements of all pertinent County ordinances and the purpose of the zone district in which the site is located.
(c) 
General Plan Conformance. The proposed project is in substantial conformance with the intent, goals, objectives, and policies of all elements of the County General Plan and any specific plan which has been adopted for the area.
(d) 
CEQA Conformance. The proposed project complies with the requirements of the California Environmental Quality Act (CEQA) and any significant adverse impacts on the natural environment will be mitigated pursuant to CEQA.
(e) 
Utilities and Traffic Impacts. The proposed use will not overload utilities, result in inefficient or wasteful use of energy, or generate more than the acceptable level of traffic on the streets in the vicinity.
(f) 
Neighborhood Compatibility. The proposed use will be compatible with the existing and proposed land uses, land use intensities, and dwelling unit densities of the neighborhood, as designated by the General Plan and Local Coastal Program and implementing ordinances.
(g) 
Local Coastal Program Consistency. For proposed projects located within the Coastal Zone, the proposed project is consistent with the provisions of the certified Local Coastal Program.
(2) 
Additional Site Development Permit Findings.
(a) 
Siting and Neighborhood Context. The proposed development is designed and located on the site so that it will complement and harmonize with the physical design aspects of existing and proposed development in the neighborhood, as designated by the General Plan and Local Coastal Program and implementing ordinances.
(b) 
Design. The proposed development is in substantial conformance with applicable principles in the adopted Countywide Design Guidelines, except as prohibited by site constraints, and any other applicable requirements of Chapter 13.11 SCCC (Site Development and Design Review). If located in the Coastal Zone, the site plan and building design are also in substantial conformance with the policies of the Local Coastal Program and coastal regulations of Chapter 13.20 SCCC.
(B) 
Land Divisions. The findings set forth in SCCC § 14.01.203 are required to be made for approval of a land division permit. The findings set forth in SCCC § 14.01.109 are required to be made for approval of a conditional certificate of compliance.
(C) 
Legislative Matters. Findings for approval of legislative matters shall be made in accordance with the following:
(1) 
Zoning ordinance text amendments and rezonings (zoning map amendments) pursuant to Chapter 13.10 SCCC (Zoning Regulations) and Chapter 18.40 SCCC (Zoning Map and Zoning Ordinance Text Administration);
(2) 
General Plan text amendments and land use designation amendments pursuant to Chapter 18.50 SCCC (General Plan Administration);
(3) 
Specific plan approvals and amendments pursuant to Chapter 18.70 SCCC;
(4) 
Local Coastal Program amendments pursuant to Chapter 18.60 SCCC (Local Coastal Program Administration), 18.60.080, and 18.60.110;
(5) 
Agricultural land type amendments pursuant to Chapter 16.50 SCCC; and
(6) 
Development agreement approvals and amendments pursuant to Chapter 18.80 SCCC (Development Agreements).
(D) 
Additional Findings. Additional specific findings may be required in compliance with specific ordinances. Variances, variation, or exception procedures and findings are also found in other specific ordinances.
(Ord. 4044 § 2, 1990; Ord. 4281 § 13, 1993; Ord. 5427 § 11, 2022; Ord. 5443 § 10, 2024)
(A) 
Ability of the Approving Body to Attach Conditions. The approving body may grant, or recommend the granting of, discretionary development permits upon such terms and conditions as the approving body deems necessary to ensure the adequate implementation of the project in compliance with all applicable County policies and ordinances. Such conditions may include, but are not limited to, the following:
(1) 
The posting of a sufficient surety to guarantee compliance with the conditions of the permit;
(2) 
The withholding of occupancy of the premises until the conditions have been complied with;
(3) 
A time limit for the beginning of and completion of the project or any phase of the project; and
(4) 
The execution of an agreement, to the extent allowed by law, by which the applicant, and their successor(s) in interest, agree to:
(a) 
Waive claims of liability against the County by applicant or their successor(s) in interest;
(b) 
Defend, indemnify and hold the County harmless from claims of liability to third parties; and
(c) 
Provide insurance coverage adequate for any liability described in subsections (A)(4)(a) and (b) of this subsection.
(B) 
Nonseparability of Conditions. All conditions of a permit shall be considered as conditions of all the concurrent permit or planning approvals granted and may not be separated and assigned to an individual approval unless specifically so indicated at the time of approval. See SCCC § 18.10.360 for procedures regarding conditions attached to permits requiring a coastal development permit in the event of an appeal to the Coastal Commission.
(C) 
Noncompliance With Permit Conditions. Any discretionary development permit or planning approval may be revoked by the Planning Commission or Board of Supervisors as provided in this chapter upon a finding that any term or condition of the permit has not been, or is not being, complied with.
(D) 
Acquisition of Property Interests for Off-Site Improvements. Except as otherwise provided in SCCC § 14.01.513 for subdivisions, in the event an applicant is required to construct or install off-site improvements on land to which neither the applicant nor the County has sufficient title or interest, including an easement or license, at the time of the approval of the permit to allow the improvements to be made, the applicant shall be required to enter into an agreement with the County prior to the issuance of a building permit for the project to pay for the County's costs, including but not limited to personnel salaries and benefits, legal fees and costs, and compensation to the landowner for the County to acquire an interest in the land which will permit the improvements to be made. The applicant shall also be required to post an appropriate cash security deposit with the County prior to the issuance of a building permit for the project to be applied towards the County's costs for acquiring the off-site property interest. In the event the County fails to commence condemnation proceedings to acquire the off-site property interest within one year of the issuance of the building permit for the project, then the condition for construction of any off-site improvement which is dependent upon the property acquisition shall be deemed to be waived.
(E) 
Permit Agreement. As determined to be warranted by the Planning Director, discretionary development permits or building permits may include a condition of approval or a requirement of building permit issuance, respectively, that requires an agreement to be recorded on title, providing that the property owner and any successor in interest shall not convert any structure or building approved as part of the development or building permit into a dwelling unit or into any structure for human habitation in violation of this code. Each agreement required by this subsection shall provide for the recovery by the County of reasonable attorney's fees and costs in bringing any legal action to enforce the agreement together with recovery of any rents collected for the illegal structure or, in the alternative, for the recovery of the reasonable rent value of the illegally converted structure from the date of conversion. The amount of any recovery of rents or of the reasonable rental value of any illegally converted structure or building shall be deposited into a fund designated by the Board of Supervisors. The agreement shall be written so as to be binding on future owners of the property, including a reference to the deed under which the property was acquired by the present owner, and shall be filed with the County Recorder. Proof that the required agreement has been recorded shall be furnished to the County prior to the granting of any building permit permitting construction on the property.
(Ord. 4044 § 2, 1990; Ord. 5061 § 29, 2009; Ord. 5427 § 12, 2022)