Chapter 18.10 DISCRETIONARY PERMIT APPROVAL PROCEDURES

This chapter establishes the overall processing structure for the application, review and action on discretionary permits and legislative matters, including but not limited to public noticing, public hearing, and appeal provisions. [Ord. 5427 § 4, 2022].

18.10.012 Previous code sections.

Chapter 18.10 SCCC includes SCCC sections that have been relocated to this chapter as shown in Table 18.10.012-1:

Table 18.10.012-1: Previous Code Sections
Previous SCCC Section	New SCCC Section	Title
18.10.211	18.10.113	Neighborhood notification and meeting requirements
18.10.222	18.10.116	Public notice requirements for administrative permits and projects
18.10.223	18.10.117	Public hearing notice requirements for regular or conditional permits and projects
	18.10.118	Additional public hearing notice requirements for legislative matters
	18.10.119	Alternative noticing procedures
18.10.223(B)	18.10.120	Contents of public notices
18.10.224	18.10.121	Requirements for installation of public notice signs on subject property for proposed regular permits, conditional permits, or legislative matters

[Ord. 5427 § 4, 2022].

18.10.015 Definitions.

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.

“Assessor’s parcel map” or “Assessor’s parcel number” means a map and parcel number identifying a property for tax purposes by the County Assessor’s Office.

“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.

“Commission” or “PC” means the Planning Commission as appointed by the County Board of Supervisors. See Chapter 2.74 SCCC.

“Consent agenda” 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.

“Legislative action” or “legislative matter” 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.

“Minor variation” 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
Level Nomenclature	Type of Permit or Clearance1; New Framework Nomenclature	Type of Action	Public Notice	Public Hearing	Appeal Decision Maker; Who May Appeal
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:

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

“Planning Director” or “Director of the Planning Department” means the Director of the Department of Community Development and Infrastructure or their authorized designee charged with the administration and enforcement of this chapter.

“Project” 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].

Article II. General Processing Structure

18.10.110 Applicability.

(A) Except as otherwise modified or exempted by the SCCC or the laws of the State of California, the provisions of this chapter apply to discretionary land use permit and legislative matters, including but not limited to:

(1) Discretionary permit applications pursuant to SCCC Title 13 (Zoning Regulations) and Title 16 (Environmental and Resource Protection);

(2) General Plan, Local Coastal Program, Zoning Ordinance, specific plan, planned unit development, and development agreement text or map amendments pursuant to applicable SCCC Title 18 regulations;

(3) SCCC Title 16 environmental regulations text amendments;

(4) Land division projects subject to SCCC Title 14, Subdivision Regulations; and

(5) Other discretionary permits and reviews as required by the SCCC.

(B) Except where specifically noted, this chapter does not apply to the processing of ministerial permits and reviews, including building and associated permits as identified in Chapter 12.10 SCCC. Issuance of zoning clearances and environmental clearances are ministerial administrative actions to determine whether or not a discretionary development permit, legislative action, or environmental permit is required to be approved prior to issuance of a building permit for a proposed project.

(C) The provisions of this chapter apply regardless of whether they impose a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction such as conditions, covenants, and restrictions (CC&Rs), and without affecting the applicability of any such private agreement or restriction. The County of Santa Cruz shall not enforce private covenants or agreements unless it is a party to the covenant or agreement. [Ord. 5427 § 6, 2022].

18.10.111 Permits and land use legislative matters.

(A) Permits. Development and use of land in Santa Cruz County shall be authorized by one or more of the following types of permits approved pursuant to the procedures of this chapter:

(1) Building Permit. A ministerial permit authorizing construction activities issued in conformance with Chapter 12.01 SCCC (Building Permit Regulations) and all other applicable County ordinances may not be issued before (a) any required zoning clearance and/or environmental clearance has been obtained which confirms that no discretionary development permit, discretionary environmental permit, or legislative action is required prior to issuance of the building permit; (b) zoning plan check confirms that the requested building permit is in conformance with the requirements and conditions of existing approved discretionary approvals related to the subject building permit application; or (c) approval of any discretionary development permit, discretionary environmental permit, and/or legislative action that is required.

(2) Discretionary Development Permit. A discretionary permit or approval authorizing land use and development pursuant to the applicable regulations of Chapter 13.10 SCCC, Zoning Ordinance; Chapter 13.20 SCCC, Coastal Zone Regulations; SCCC Title 14, Subdivision Regulations; SCCC Title 16, Environmental and Resource Protection, and any other SCCC provisions related to discretionary land use approvals that are not legislative matters.

(B) Legislative Matters. The procedures of this chapter shall be followed to establish, amend, or interpret the following land use plans, policies, ordinances, and regulations, in conformance with the following County ordinances and all other applicable County ordinances:

(1) General Plan Text and General Plan Land Use Map Designations pursuant to Chapter 18.50 SCCC (General Plan Administration);

(2) Specific plans pursuant to Chapter 18.70 SCCC (Specific Plan Administration);

(3) Local Coastal Program designations, policies, and implementation ordinances pursuant to Chapter 18.60 SCCC (Local Coastal Program Administration);

(4) Zoning Ordinance and Zoning Land Use Map and use and development regulations pursuant to Chapter 13.10 SCCC (Zoning Regulations) and Chapter 18.40 SCCC (Zoning Ordinance Administration);

(5) Agricultural land type designations pursuant to Chapter 16.50 SCCC (Agricultural Land Preservation and Protection);

(6) Other County land use regulatory ordinances related to land use regulation and permitting, such as regulations of SCCC Title 16 (Environmental and Resource Protection) and SCCC Title 14 (Subdivision Regulations);

(7) Planned unit developments (PUDs) pursuant to Chapter 18.30 SCCC; and

(8) Development agreements pursuant to Chapter 18.80 SCCC.

(C) Applicable County Ordinances. All permits and approvals issued pursuant to this chapter must be acted upon in conformance with the County General Plan and Local Coastal Program and must also be consistent with all other applicable County ordinances and regulations. [Ord. 5427 § 6, 2022].

18.10.112 Structure for processing discretionary permits, subdivisions, and land use legislative matters.

The application, processing, and review requirements for any discretionary development permit or land division application, or legislative amendment, vary with the complexity of the project involved and the amount and type of public participation required. There are four basic types of permits and approvals: minor administrative permits, administrative permits, regular public hearing permits, and legislative approvals, as summarized below. A listing of all approved permits and approvals issued shall be maintained by the Planning Department for public review.

(A) Minor Administrative Permits. Discretionary permits that are established as minor administrative permits, including but not limited to those listed below, shall be acted upon by the Planning Director or their authorized designee, with no required public notice or public hearing. This is considered equivalent to the Level III process when that term is used within this code.

(1) Minor use permit;

(2) Minor site development permit;

(3) Minor variation/minor modification;

(4) Minor riparian exception;

(5) Significant tree removal permit;

(6) Grading exception; and

(7) Temporary permit.

(B) Administrative Permits. Discretionary permits that are established as administrative permits, including but not limited to those listed below, shall be acted upon by the Planning Director or their designee, with public notice provided pursuant to SCCC 18.10.116. No public hearing is required. This is considered equivalent to the Level IV process when that term is used within this code.

(1) Administrative use permit;

(2) Administrative site development permit;

(3) Vacation rental permit;

(4) Minor exception (to zoning site development standards);

(5) Land clearing permit;

(6) Coastal development permit, minor (as defined by Chapter 13.20 SCCC); and

(7) Temporary permit (for use with amplified music).

(C) Regular or Conditional Public Hearing Permits. Discretionary permits that are established as regular or conditional permits, including but not limited to those listed below, shall be acted upon by the Zoning Administrator, or the Planning Commission or Board of Supervisors as designated by applicable regulations governing the permit request, after holding a public hearing. Public notice of the public hearing shall be provided pursuant to SCCC 18.10.113 and 18.10.117 if the permit type is designated with the Planning Commission as the approving body. This is considered equivalent to the Level V process of the Zoning Administrator, or the Level VI process of the Planning Commission, when those terms are used within this code.

(1) Conditional use permit;

(2) Conditional site development permit;

(3) Variance;

(4) Coastal development permit;

(5) Major riparian exception;

(6) Major grading permit;

(7) Wireless communication facility (WCF), except as allowed with ministerial permits in SCCC 13.10.661 through 13.10.663;

(8) Floodplain variance; and

(9) Density bonus projects.

(D) Legislative Matters. Legislative matters, including but not limited to those identified in SCCC 18.10.111(B), shall be acted upon by the Board of Supervisors after holding a public hearing, after the Planning Commission first holds a public hearing and makes a recommendation for consideration by the Board. Public notice for the public hearings held by the Planning Commission and by the Board of Supervisors to consider legislative matters shall be carried out in accordance with SCCC 18.10.113, 18.10.117 and 18.10.118. This is considered equivalent to the Level VII process when that term is used by this code. [Ord. 5427 § 6, 2022].

18.10.113 Neighborhood notification and meeting requirements.

(A) When Neighborhood Meeting Required Prior to Application Submittal or Upon Modification of Application.

(1) For all development that requires a discretionary permit or legislative action that is acted upon by the Planning Commission or Board of Supervisors (also known as Level VI or VII application process), the applicant shall conduct a neighborhood meeting to explain the proposed development to and solicit comments from those in attendance. The County Supervisor from the district in which the proposed development is located, the Planning Director, and all owners and occupants within 500 feet of the exterior boundaries of the project parcel shall be notified. In the event that there are fewer than 10 separate parcels within 500 feet of the exterior boundaries of the property involved in the application, said 500-foot distance shall be extended in increments of 50 feet (e.g., 550, 600, 650) until owners of at least 10 properties have been notified. The notification shall be by first class mail and shall include a brief description of the proposed development and the date, time, and location of the neighborhood meeting.

(2) The following modifications made to a submitted development application during application processing will require new noticing and a neighborhood meeting prior to scheduling the required public hearing to consider action on the proposed project:

(a) A change that results in an increase of 20 percent or more in height, floor area ratio or lot coverage; or

(b) A change that results in an increase in the number of lots or dwelling units.

(B) Summary of Neighborhood Meeting. A summary of the neighborhood meeting shall be required as part of the application submittal. No application shall be deemed complete without the results of the neighborhood meeting when one is required. The results of a required neighborhood meeting are for informational use only and do not govern action on the application.

(C) Waiver of Requirement for Second Neighborhood Meeting. The Planning Director may waive the requirement for a second noticed neighborhood meeting prior to the scheduled public hearing if the proposed modification is not significant in the sole determination of the Planning Director relative to neighboring property or the overall development. Waivers will typically be provided when the application review process has resulted in modifications to the proposed project that are generally considered to bring the proposal into greater conformance with goals and objectives of the General Plan and/or Local Coastal Program. [Ord. 5427 § 6, 2022].

18.10.115 Requirements for minor administrative permits and projects.

Applications for permits and projects that are considered minor administrative permits or projects (also known as Level III approvals) are not subject to any requirement for public notice. However, if such application is referred to a higher approving body by the Planning Director, then the public notice procedures for such higher permit processing level shall apply to the permit application. [Ord. 5427 § 6, 2022].

18.10.116 Public notice requirements for administrative permits and projects.

(A) Public notice of pending action on an application for an administrative permit that requires public notice but does not require a public hearing (also known as a Level IV permit or process) shall occur not less than 21 calendar days prior to the County taking action and shall be given in the following ways:

(1) The County shall mail notice via postcard or letter to the applicant, to the owners of the subject property, to the owners of all property within 500 feet of the exterior boundaries of the subject property, and to all lawful occupants of properties within 100 feet of the subject property, including all lawful occupants of the subject property. Such notices and mailing list shall be based on a mailing list generated by the County. If there are fewer than 10 separate parcels within 500 feet of the exterior boundaries of the property involved in the application, said 500-foot distance shall be extended in increments of 50 feet (e.g., 550, 600, 650) until owners of at least 10 properties have been notified by mail.

(2) Posting of public notice on the County of Santa Cruz Planning Department website.

(3) Notice to the Board of Supervisors. Notice shall be delivered by the United States Postal Service, addressed to each Board Member at the County Governmental Center, or by delivery to each Board Member by County Government interdepartmental mail.

(4) Mailing to the applicant of a Notice of Pending Action public notice sign suitable for posting on the subject property, with the applicant to post such public notice sign in a conspicuous place on the property not less than 10 calendar days following the date of the United States Postal Service postmark on the mailing by the County to the applicant.

(B) Contents of Notice. The contents of the notice of pending action shall be as follows:

(1) Location of the proposed project;

(2) Name of the applicant and owner;

(3) Description of the proposed project;

(4) How further information may be obtained and how to submit information on the proposed project;

(5) Final date on which comments will be accepted, which shall be no less than 21 days following the date on which notices are mailed;

(6) Date on which a decision may be made on the project;

(7) Description of the appeal procedure; and

(8) Notices of pending actions for coastal development permits shall include a statement that the development is or is not appealable to the Coastal Commission, and the appeal process. [Ord. 5427 § 6, 2022].

18.10.117 Public hearing notice requirements for regular or conditional permits and projects.

(A) When a provision of the County Code requires public notice of a public hearing to be given pursuant to this section, notice shall be given by the County in all of the following ways:

(1) Notices in the form of a postcard or letter shall be mailed or delivered not less than 10 calendar days prior to the public hearing to the owner of the subject real property as shown on the latest equalized assessment roll (or records of the County Assessor or Tax Collector if those records are more recent), to the owner’s duly authorized agent, if any, and to the project applicant. Notice shall also be mailed or delivered at least 10 calendar days prior to the public hearing to all owners of real property within 500 feet of the exterior boundaries of the subject property and to all lawful occupants of properties within 100 feet of the subject property, including the lawful occupants of the subject property. If there are fewer than 10 separate parcels within 500 feet of the exterior boundaries of the subject property involved in the application, said 500-foot distance shall be extended in increments of 50 feet (e.g., 550, 600, 650) until owners of at least 10 properties have been notified by mail.

(2) The County shall also mail or deliver notices not less than 10 calendar days prior to the public hearing to the Coastal Commission; to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected; and to all persons who have filed and maintained written requests with the Planning Department to be on the mailing list for the subject development project or for coastal development permit decisions within that jurisdiction. Written requests filed by persons may be made for notices for all public hearings or for all public hearings relating to a certain application. Requests shall be accompanied by a fee set by the Board of Supervisors resolution.

(3) The public notice shall be posted, either by county staff or by the property owner if so directed by County staff, on the property in a conspicuous place at least 10 calendar days prior to the public hearing. The on-site public notice posting shall be carried out in accordance with SCCC 18.10.121.

(4) The County shall provide notice to the Board of Supervisors by delivery by the United States Postal Service addressed to each Board Member at the County Governmental Center, or by delivery to each Board Member by County Government interdepartmental mail, at least 10 days prior to the public hearing.

(5) Public agencies shall be notified of tentative map applications pursuant to SCCC 14.01.305.1, 14.01.318, 14.01.319 and 14.01.320. Public agencies shall be notified of public hearings on General Plan amendments pursuant to SCCC 18.50.080. In the Coastal Zone, in addition to the Coastal Commission, public agencies shall be notified which, in the judgment of the Planning Director, have an interest in the project.

(6) When the Subdivision Map Act (Government Code Section 66410 et seq.) requires notice of a public hearing, notice shall also be given to any owner of a mineral right who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code.

(7) Because the State Legislature has found that access restrictions to commercial establishments affecting the blind, aged, or disabled is a critical statewide problem, whenever a public hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the County shall provide notice to local organizations or agencies representing the blind, aged, and disabled communities. [Ord. 5427 § 6, 2022].

18.10.118 Additional public hearing notice requirements for legislative matters.

(A) When a provision of the County Code requires public notice of a public hearing to be given pursuant to this section, and when notice is provided to local agencies expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected if the proposed project were to be approved, then public notice shall be given in all of the following ways:

(1) The County shall provide public notice of a public hearing, given in all of the ways required by SCCC 18.10.117(A)(1) through (7).

(2) The County shall cause the notice to be published in a newspaper of general circulation printed and published within the County, one time, at least 10 calendar days prior to the date set for the public hearing.

(3) The County shall post the notice at least 10 calendar days prior to the public hearing, in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding. [Ord. 5427 § 6, 2022].

18.10.119 Alternative noticing procedure.

(A) If the number of property owners to whom notice would be mailed or delivered pursuant to SCCC 18.10.117(A) or 18.10.118(A) is more than 1,000, then in lieu of mailed or delivered notice the County may provide notice by placing a display advertisement at least 10 calendar days prior to the public hearing, of at least one-eighth page in at least one newspaper of general circulation within the area affected by the proposed ordinance, legislative matter, or development project.

(B) The alternative noticing procedure detailed in subsection (A) of this section does not apply as noticing pertains to coastal development permits. Coastal development permits must be noticed in a manner consistent with SCCC 18.10.117(A) and 18.10.118(A).

(C) Notice of Continuances. Any matter may be continued from time to time. The proposal need not be re-noticed if, at the time of the public hearing for the proposal, the matter is formally continued by a vote of the approving body to a specific date. Otherwise, the continued matter shall be noticed in the same manner as the original hearing. This does not apply to continuances of coastal development permits, which must be re-noticed for all continuances regardless of whether a specific date for such continuance hearing has been set by the approving body. [Ord. 5443 § 5, 2024; Ord. 5427 § 6, 2022].

18.10.120 Contents of public notices.

(A) The contents of public notices provided pursuant to Chapter 13.10 SCCC, Zoning Regulations; Chapter 13.20 SCCC, Coastal Zone Regulations; SCCC Title 14, Subdivision Regulations; SCCC Title 16, Environmental and Resource Protection; and SCCC Title 18, Procedures, shall be as follows:

(1) Location of the proposed project;

(2) Names of the applicant and of the property owner;

(3) Description of the proposed use or development;

(4) Name or title of the approving body, hearing officer, or hearing body;

(5) Date of the public hearing;

(6) Time of the public hearing;

(7) Location of the public hearing;

(8) How further information may be obtained; and

(9) Notices of pending actions for coastal development permits shall include a statement that the development is or is not appealable to the Coastal Commission, and the appeal process. [Ord. 5427 § 6, 2022].

18.10.121 Requirements for installation of public notice signs on subject property for proposed regular permits, conditional permits, or legislative matters.

For projects subject to public notice requirements of SCCC 18.10.116 and 18.10.117, the applicant shall install a public notice sign or signs on each site of the proposed development in accordance with this section.

(A) Deadline for Installation. Any public notice sign required by this chapter shall be installed on the subject site, and installation verified, no later than the date on which a notice of intent to issue a negative declaration is issued, or no later than the date on which a notice of availability of a draft environmental impact report (EIR) is issued for projects requiring an EIR, or no later than 10 calendar days in advance of the required public hearing for projects determined to be exempt from the California Environmental Quality Act. Sign specifications, including number, content, size, and location(s), shall be in accordance with this chapter and any additional specifications available on the Planning Department’s website within the set of administrative practice guidelines approved by the Planning Director. The specifications shall be provided to the manufacturer of the sign by the applicant after confirmation by the Planning Department. Either the sign manufacturer or the applicant shall be required to install the sign in accordance with the above applicable time frames, and verification of installation shall be provided to the Planning Department upon installation. Verification shall occur when the County receives from the applicant a completed certificate attesting that the sign has been installed as required (including photographs).

(B) Location. Signage required by this chapter shall be placed on the subject property so as to be clearly seen and readily readable from each right-of-way providing primary vehicular access to the subject property. For proposed projects in public rights-of-way, signs shall be posted at 1,000-foot intervals along subject right(s)-of-way. Additional signs may be required that are visible from other public vantage points, such as for when a proposed project is located within a public park some distance from the vehicular accessway. Signs shall be located so as to not interfere with vehicular line of sight distance.

(C) Size, Material, and Height Above Grade. Each sign shall be a minimum of two feet by two feet up to a maximum of two feet (vertical) by four feet (horizontal). Signs shall be constructed of recyclable corrugated plastic (such as Coroplast) or other material acceptable by the Planning Department. The information required shall be painted, laminated, or otherwise rendered weatherproof and shall be legible at all times. No sign required by this chapter shall exceed seven feet above grade, except where necessary to be clearly seen and readily readable from each right-of-way providing primary vehicular access to the subject property. [Ord. 5427 § 6, 2022].

18.10.123 Concurrent processing.

(A) Concurrent Action. When approval of more than one discretionary development permit is required for a project, or when a time extension for more than one permit is applied for, then all of the required permits or extensions shall be applied for, processed, and acted upon concurrently, except in the following cases:

(1) No building permit or permit extension shall be issued until all required development permits or development permit extensions have been issued. However, the Planning Director may authorize submittal and processing of applications for building permits in advance of approval and issuance of discretionary permits, with such authorization granted only upon written agreement by the applicant that fees paid for such building permit application and any other applicant-incurred costs are at the sole risk of the applicant and non-refundable to the extent that County costs have been incurred.

(2) When a project involves a General Plan/Local Coastal Program amendment and/or a specific plan approval or amendment, the property shall concurrently be rezoned to a consistent zone district and required development and/or land division permits may or may not be concurrently processed, as appropriate. However, in the Coastal Zone, final permit approval may not be granted until the Coastal Commission has approved the Local Coastal Program amendment.

(3) Notices of coastal development permit exclusion, or determinations of exemption, may be issued at the time of project application but shall not become effective until they are effective pursuant to the requirements of Chapter 13.20 SCCC and all other approvals and permits required for the project have been obtained.

(4) When a project involves a designated historic resource, applications for permit approvals shall not be accepted until the Historic Resources Commission recommendation has been made, as required by SCCC 16.42.040, and documentation of such action is submitted with the permit applications, except where the Planning Director specifically authorizes the acceptance of a permit application for processing concurrently with the Historic Resources Commission review pursuant to SCCC 16.42.050(B).

(B) Processing Level and Approving Body. When more than one permit is required for any one project, all the required permits for that permit shall, when appropriate, be concurrently acted upon at the highest processing level required for any of the required permits for the project. [Ord. 5427 § 6, 2022].

18.10.124 Hearing procedures.

(A) Consent Agenda. Public hearing items may, at the discretion of the approving body, be placed on a consent agenda. Unless removed from the consent agenda, the items on the consent agenda may be summarily approved or disapproved pursuant to staff recommendations, conditions, and findings. Any item on the consent agenda shall be removed to the regular agenda upon request of any member of the approving body.

(B) Referral to Higher Approving Body. At the discretion of the Planning Director, any permit approval or appeal of any permit approval may be referred to a higher approving body if, in the opinion of the Planning Director, the project merits more extensive review. Appeals pending before the Planning Director may be referred to the Zoning Administrator or Planning Commission. Appeals pending before the Zoning Administrator may be referred to the Planning Commission, or to the Board of Supervisors in accordance with procedures of this chapter for special consideration.

(C) Continuances. Any matter may be continued from time to time. If the matter is formally continued by the approving body to a date certain, then re-noticing is not required. If the matter is not continued to a date certain, then re-noticing is required. This does not apply to continuances of coastal development permits, which must be re-noticed for all continuances regardless of whether a specific date for such continuance hearing has been set by the approving body. [Ord. 5443 § 6, 2024; Ord. 5427 § 6, 2022].

18.10.125 Timely action.

(A) Discretionary Permits. When applicable, Section 65920 et seq., the Permit Streamlining Act of the California Government Code, or its successor statute, and any other applicable State laws regarding time limits for taking action on development applications, apply to permits issued under this chapter.

(B) Land Divisions. Time limits for the processing and issuance of tentative map approvals and the filing of parcel maps and final maps are stated in SCCC 14.01.301 through 14.01.339. [Ord. 5427 § 6, 2022].

18.10.126 Multiple applications.

Submittal of one or more applications containing alternative projects on any one parcel of land for simultaneous review is prohibited, unless otherwise approved by the Board of Supervisors. [Ord. 5427 § 6, 2022].

18.10.128 Requests for reasonable accommodation.

Repealed by Ord. 5429. [Ord. 4660 § 1, 2022].

Article III. Permits

18.10.131 Discretionary development permit issuance.

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. 5443 § 7, 2024; Ord. 5427 § 7, 2022; Amended during 9/07 supplement; Ord. 4818 § 2, 2006; Ord. 4500-C §§ 2, 3, 1998; Ord. 4496-C § 102, 1998; Ord. 4075 § 2, 1990; Ord. 4044 § 2, 1990].

18.10.132 Discretionary development permit expiration.

(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. 5427 § 7, 2022; Ord. 4044 § 2, 1990].

18.10.133 Discretionary permit, planning approval, or land division renewal or time extensions.

(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. 5443 § 8, 2024; Ord. 5427 § 7, 2022; Ord. 4496-C § 103, 1998; Ord. 4437 § 2, 1996; Ord. 4276 § 1, 1993; Ord. 4243 § 24, 1993; Ord. 4044 § 2, 1990].

18.10.134 Permit or planning approval amendment (project and plan changes).

(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.

(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. 5443 § 9, 2024; Ord. 5427 § 7, 2022; Ord. 5018 § 17, 2008; amended during 9/07 supplement; Ord. 4818 § 3, 2006; Ord. 4496-C § 104, 1998; Ord. 4044 § 2, 1990].

18.10.135 Reapplication after denial.

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. 5427 § 7, 2022; Ord. 4044 § 2, 1990].

18.10.136 Permit revocation.

(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. 5427 § 7, 2022; Amended during 9/07 supplement; Ord. 4044 § 2, 1990].

18.10.140 Conformity with the General Plan and other legal requirements.

(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. 5427 § 7, 2022; Ord. 5264 § 22, 2018; Ord. 5239 § 17, 2017; Ord. 4671 § 3, 2002; Ord. 4044 § 2, 1990].

* 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.

18.10.150 Environmental review.

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. 5427 § 7, 2022; Ord. 4044 § 2, 1990].

18.10.160 Coastal Zone review.

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].

18.10.170 Agricultural preserve and open-space easement contracts.

All permits and approvals issued pursuant to this chapter shall be in compliance with the terms and conditions of any and all applicable agricultural preserve or open-space easement contracts. [Ord. 4044 § 2, 1990].

18.10.180 Planned unit developments (“PUDs”).

Repealed by Ord. 5429. [Ord. 5320 § 4, 2019; Ord. 5044 § 1, 2009; Ord. 4752 § 1, 2003; Ord. 4661 § 1, 2002].

18.10.181 Planned unit development—Permit applications.

Repealed by Ord. 5429. [Ord. 5182 § 18, 2014; Ord. 5044 § 2, 2009; Ord. 4752 § 2, 2003; Ord. 4661 § 2, 2002].

18.10.183 Planned unit development—Permit findings.

Repealed by Ord. 5429. [Ord. 5044 § 3, 2009; Ord. 4752 § 3, 2003; Ord. 4661 § 3, 2002].

18.10.184 Planned unit development—Official action.

Repealed by Ord. 5429. [Ord. 5182 §§ 19, 20, 2014; Ord. 5044 § 4, 2009; Ord. 4752 § 4, 2003; Ord. 4661 § 4, 2002].

18.10.185 Planned unit development—Standards.

Repealed by Ord. 5429. [Ord. 5044 § 5, 2009; Ord. 4752 § 5, 2003; Ord. 4661 § 5, 2002].

Article IV. Specific Processing Requirements

18.10.210 Application submittal requirements.

Applications for discretionary development permits and legislative matters shall be made to the Planning Department and shall be accompanied by a fee as prescribed in the unified fee schedule as adopted by the Board of Supervisors. Applications shall contain such information and reports as may be required by this section or by other applicable ordinances, or by the Planning Director or approving body as determined to be necessary in order to make required findings for approval of the project requests. A detailed list of required information (“LORI”) for various permit types shall be maintained by the Planning Director and made available to the public at the zoning counter and on the Planning Department website. [Ord. 5427 § 8, 2022; Ord. 5018 §§ 18, 19, 2008; Ord. 4818 § 4, 2006; Ord. 4774 § 4, 2004; Ord. 4312 § 4, 1994; Ord. 4286 § 4, 1993; Ord. 4196 § 4, 1992; Ord. 4103 § 2, 1990; Ord. 4044 § 2, 1990].

18.10.211 Neighborhood notification and meeting.

Repealed by Ord. 5427. [Ord. 5233 § 1, 2016; Ord. 4818 § 5, 2006; Ord. 4774 § 5, 2004].

18.10.212 Application completion.

Applications will not be deemed as complete by the Planning Department until all required information has been submitted and all prescribed fees paid. The effective time of filing a permit application shall be the time when the application has been deemed complete in full compliance with this chapter and with all other County ordinances as to form and content. All ordinances, General Plan, and specific or area plan provisions in effect at the time an application is deemed complete shall apply to project development. (See also California Government Code Section 65941.) [Ord. 5427 § 9, 2022; Ord. 4818 § 5, 2006; Ord. 4774 § 5, 2004; Ord. 4044 § 2, 1990. Formerly 18.10.211].

Article V. Noticing Procedures

18.10.221 Public listing of issued permits.

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. 5427 § 10, 2022; Ord. 4044 § 2, 1990].

18.10.222 Level IV (public notice)—Notice of pending action.

Repealed by Ord. 5427. [Ord. 5119 § 47, 2012; Ord. 4818 § 6, 2006; Ord. 4774 § 6, 2004; Ord. 4496-C § 105, 1998; Ord. 4463 § 1, 1997; Ord. 4285 § 3, 1993; Ord. 4075 § 3, 1990; Ord. 4044 § 2, 1990].

18.10.223 Level V (Zoning Administrator) through Level VII (Board of Supervisors)—Notice of public hearing.

Repealed by Ord. 5427. [Ord. 4818 § 7, 2006; Ord. 4774 § 7, 2004; Ord. 4244 § 1, 1993; Ord. 4075 § 4, 1990; Ord. 4044 § 2, 1990].

18.10.224 Notice of proposed development for Level IV through Level VII.

Repealed by Ord. 5427. [Ord. 4818 § 8, 2006; Ord. 4774 § 8, 2004].

18.10.225 Rendering sign for commercial development applications requiring a public hearing (Level V—VII).

Repealed by Ord. 5427. [Ord. 5233 § 2, 2016].

18.10.230 Findings required.

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.

(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. 5443 § 10, 2024; Ord. 5427 § 11, 2022; Ord. 4281 § 13, 1993; Ord. 4044 § 2, 1990].

18.10.240 Discretionary development permit conditions.

(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

(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. 5427 § 12, 2022; Ord. 5061 § 29, 2009; Ord. 4044 § 2, 1990].

Article VI. Appeal Procedures

18.10.310 General appeal procedures.

(A) Appeals of appealable determinations as specified by this chapter which are related to processing of development applications, or of actions on discretionary development permits and legislative matters taken by the Planning Director or designee, or by approving bodies on discretionary development permits or legislative matters, may be appealed pursuant to SCCC 18.10.320 through 18.10.360.

(B) Contents of an Appeal. The appellant shall state in the notice of appeal the act or determination appealed from, the identity of the appellant and their interest in the matter, and shall set forth concisely and succinctly a statement of the reasons which, in the opinion of the appellant, render the act done or determination made unjustified or inappropriate and such that there should be an additional hearing on the application. If it is claimed that there was error or abuse of discretion on the part of the Commission, Board, Planning Director, Zoning Administrator, or other officer or authorized employee, or that there was a lack of a fair and impartial hearing, or that the decision is not supported by the facts presented for consideration leading to the making of the determination appealed from, then these grounds shall be specifically stated.

(C) Computation of Time for Appeal. The time within which the notice of appeal shall be filed shall commence on the day following the day on which the act was taken or the determination was made. In the event the last day for filing an appeal falls on a nonbusiness day of the County, the appeal may be timely filed on the next County business day.

(D) Appeal Fees. A filing fee, set by resolution of the Board of Supervisors, shall accompany the notice of appeal. Appeals without accompanying filing fees are invalid.

(E) Effect of Notice of Appeal. The filing of the notice of appeal shall have the effect of staying the issuance of any permit or approval provided for by the terms of this chapter until such time as final action has occurred on the appeal, including exhaustion of available appeal processes. [Ord. 5427 § 13, 2022; Ord. 4818 § 9, 2006; Ord. 4281 § 12, 1993; Ord. 4075 § 5, 1990; Ord. 4044 § 2, 1990].

18.10.320 Appeals to Planning Director or to Planning Commission of appealable determinations made by planning staff.

(A) The following determinations that are typically made by planning staff during the course of processing applications for discretionary development permits may be administratively appealed by the property owner or applicant to the Planning Director. Such an appeal may be initiated by submitting a written letter explaining the matter being appealed and reasons for the appeal to the Planning Director within 14 calendar days of the subject determination:

(1) Determination of application completeness. Appeals of this determination are considered by the Planning Commission.

(2) Determination to prepare an initial study or an environmental impact report. Appeals of this determination are considered by the Planning Commission.

(3) Determination of need to prepare a geotechnical report, geologic report, biotic report, arborist report, historic resource or archaeologic report, agricultural viability report, or other technical report related to compliance with SCCC Title 16, Environmental and Resource Protection. Appeals of these determinations are considered by the Planning Director.

(4) Determination of necessity for a study, such as a plan line study pursuant to SCCC 15.10.050(A)(4), a traffic or parking study, drainage study, or other infrastructure capacity study. Appeals of these determinations are considered by the Planning Director.

(5) Determination of vested rights pursuant to SCCC 16.54.022. Appeals of this determination are considered by the Planning Commission.

(B) Planning Director’s or Planning Commission’s Action. The Planning Director shall commence consideration of every appeal filed pursuant to this section that is considered by the Planning Director by reviewing the application file within 20 business days of the submittal of the appeal. The Planning Director may decide the appeal on the basis of the written appeal or may review the appeal with the applicant and/or the appellant. The decision of the Planning Director on the appeal shall be made in writing and shall be provided to the applicant and/or the appellant within 45 calendar days of the submittal of the appeal, unless the appellant agrees, in writing, to a longer period. Any appeal filed pursuant to this section that is considered by the Planning Commission shall be scheduled for a Planning Commission meeting within 45 days of the date the appeal is filed, or on its next regular meeting after that 45 days if it is not feasible to hear the appeal within the 45-day time frame. [Ord. 5427 § 13, 2022; Ord. 5119 § 48, 2012; Ord. 4500-C § 4, 1998; Ord. 4075 § 6, 1990; Ord. 4044 § 2, 1990].

18.10.324 Appeals of actions on administrative permits to Zoning Administrator.

(A) Who May Appeal. Any person whose interests are adversely affected by an action on an administrative permit may appeal the decision to the Zoning Administrator. Such an appeal may be initiated by submitting a written request to the Planning Director within 14 calendar days of the decision.

(B) Notice of Hearing. Upon receipt of a notice of appeal from a decision or action of an administrative permit, the Planning Director or designee shall schedule a hearing to occur before the Zoning Administrator or, if public concern or other circumstances warrant as determined by the Planning Director, the Planning Commission. The date of the scheduled hearing shall be no more than 60 calendar days after the date on which the notice of appeal is received, unless a postponement is mutually agreed upon by written concurrence of the Planning Director, applicant, and appellant. If no regular meeting of the Zoning Administrator (or Planning Commission, if applicable) is scheduled to occur within 60 calendar days after the date of receipt of the notice of appeal, the scheduled hearing date shall be that of the next regular meeting of the applicable body. Written notice of the time and place set for hearing the appeal shall be given to the appellant and the original applicant, if they are not the appellant, at least 21 calendar days prior to the hearing. Public notice of an appeal hearing before the Zoning Administrator shall be given as provided by SCCC 18.10.116. Decisions by any reviewing body on the appeal shall be made in writing and shall be provided to the applicant and/or the appellant.

(C) Any person whose interests are adversely affected by a decision or action of the Zoning Administrator may appeal the decision to the Planning Commission. Appeals to the Planning Commission, whether direct or following an appeal reviewed by the Zoning Administrator, shall be processed as prescribed by SCCC 18.10.330.

(D) Any person whose interests are adversely affected by an appeal decision or action of the Planning Commission may appeal the decision to the Board of Supervisors. Appeals to the Board of Supervisors shall be processed as prescribed by SCCC 18.10.340. [Ord. 5427 § 13, 2022; Ord. 5427 § 13, 2022; Ord. 5119 § 49, 2012].

18.10.330 Appeals to Planning Commission.

(A) Who May Appeal. Any person whose interests are adversely affected by any act or determination of the Zoning Administrator under this chapter may appeal such act or determination to the Planning Commission. Appeals from any action of the Zoning Administrator shall be taken by filing a written notice of appeal with the Planning Department not later than the fourteenth calendar day after the day on which the act or determination appealed from was made.

(B) Notice of Hearing. Upon receipt of a notice of appeal from a decision or action of the Zoning Administrator, the Planning Director or designee shall schedule a hearing to occur before the Planning Commission (although special consideration procedures of this chapter may result in the appeal being heard before the Board of Supervisors rather than the Planning Commission). The date of the scheduled hearing shall be no more than 60 calendar days following the date of receipt of the notice of appeal, unless a postponement is mutually agreed upon by written concurrence of the Planning Director, applicant, and appellant. If no regular meeting of the Planning Commission is scheduled to occur within 60 calendar days after receipt of the notice of appeal, the scheduled hearing date shall be that of the next regular meeting of the Planning Commission. Written notice of the time and place set for hearing the appeal shall be given to the appellant and the original applicant, if they are not the appellant, at least 21 calendar days prior to the hearing. Public notice of the appeal hearing shall be given in the same manner as required for the original action appealed from, except that no large sign or signs regarding the appeal hearing shall be required pursuant to SCCC 18.10.121.

(C) Planning Commission Consideration. The Planning Department shall transmit to the Commission all records related to the appeal and shall upon request furnish such further information relative to the proceedings as may be requested by the Commission. At the hearing on the appeal, the Commission shall consider the records related to the appeal and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it will be operated or maintained, particularly with respect to the findings required by this chapter for the application.

(D) Planning Commission Action. At the conclusion of the hearing, the Commission may, on the basis of all the evidence and testimony, and after making the appropriate findings required by this chapter (see SCCC 18.10.230), either deny the application, approve the application, or approve the application with modifications, subject to such conditions as it deems advisable. The Commission shall have the power to continue any such matter, with the public hearing open or closed. In the event the Commission is unable to reach an agreement on a decision at its meeting at which the matter is submitted, the matter may be continued at the request of the appellant for one meeting for a decision in conformance with this section. In the event the Planning Commission is unable to reach a decision, the decision of the Zoning Administrator shall remain valid and may be appealed to the Board of Supervisors in accordance with the provisions of SCCC 18.10.340. [Ord. 5427 § 13, 2022; Ord. 5119 § 50, 2012; Ord. 4500-C § 5, 1998; Ord. 4463 § 2, 1997; Ord. 4243 § 25, 1993; Ord. 4075 § 7, 1990; Ord. 4044 § 2, 1990].

18.10.332 Planned unit development—Hearings.

Repealed by Ord. 5429. [Ord. 4752 § 6, 2003; Ord. 4661 § 6, 2002].

18.10.340 Appeals to Board of Supervisors.

(A) Who May Appeal. Any person whose interests are adversely affected by any act or determination of the Planning Commission, by the Agricultural Policy Advisory Commission acting pursuant to Chapter 16.50 SCCC, or by the Historic Resources Commission acting pursuant to Chapter 16.42 SCCC, may appeal such act or determination to the Board of Supervisors; provided, however, that where the determination made by the Commission is given in the form of a recommendation or report addressed to the Board of Supervisors, no appeal may be taken, but any interested party shall be entitled to appear before the Board of Supervisors at the time of consideration of such recommendation or report and to be heard thereon. Appeals to the Board shall be taken by filing a written notice of appeal with the Clerk of the Board of Supervisors not later than the fourteenth calendar day (10 calendar days for tentative maps and 15 calendar days for time extensions of tentative maps) after the day on which the act or determination appealed from was made. The Clerk of the Board shall send notice of such appeal to the Planning Department within one business day of the filing of the appeal.

(B) Procedure for Taking Jurisdiction.

(1) When a notice of appeal is properly filed, a consideration of whether the Board should take jurisdiction shall forthwith be scheduled on the next available agenda of the Board of Supervisors for which agenda submittal deadlines can be met, except that appeals from actions taken on a tentative map by the Planning Commission shall be set for hearing as set forth in SCCC 14.01.312 et seq.

(2) Written notice of the time and place set for hearing the appeal shall be given by the Clerk to the appellant, the original applicant if they are not the appellant, and the Planning Department at least 10 calendar days prior to the date set for hearing. The notice provided to the appellant shall inform the appellant that the appellant shall be required to present evidence which, in their opinion, demonstrates that the grounds listed in subsection (C) of this section for the Board to take jurisdiction apply.

(3) The Planning Department shall transmit to the Board all records related to the appeal and shall furnish such other information relative to the proceedings as may be requested by the Board.

(C) Grounds for the Board of Supervisors to Take Jurisdiction. The Board of Supervisors will not take jurisdiction of an appeal and grant further review of a matter unless the Board finds that there is a prima facie showing on the basis of available evidence that there was an error or abuse of discretion on the part of the Commission, Zoning Administrator, or other officer; or that there was a lack of a fair and impartial hearing; or that the decision appealed from is not supported by the facts presented and considered at the time the decision appealed from was made; or that there is significant new evidence relevant to the decision which could not have been presented at the time the decision appealed from was made; or that there is either error, abuse of discretion, or some other factor which renders the act done or determination made unjustified or inappropriate to the extent that a further hearing before the Board is necessary.

(D) Decision to Take Jurisdiction.

(1) At the time the Board considers whether to take jurisdiction of the appeal, the Board may, by a motion passed by at least three votes, determine that the appellant has established sufficient grounds for the Board to take jurisdiction for further review, and may either grant a review limited to the record of the entire proceedings held before the Commission, Zoning Administrator, or other officer, or in the alternative, may elect to conduct the proceedings as if no other hearing had been held and thereby re-hear the matter de novo.

(2) In appropriate circumstances, without taking jurisdiction for further review, the Board may, by a majority vote, refer the matter back to the Planning Commission for reconsideration of new evidence or other considerations. In the event of such a referral, the Board may require a report back to the Board for review by the Board or may provide that the Planning Commission’s decision on reconsideration shall be final, subject to appeal to the Board (without fee by the previous appellant) as in the case of an original decision, at which time the Board shall decide whether to take jurisdiction for further review upon any such appeal.

(E) Determination of Appeal.

(1) If the Board, by a majority vote, determines to take jurisdiction for further review, the Planning Director or designee shall schedule a public hearing before the Board. The date of the scheduled hearing shall be no more than 60 calendar days following the decision to take jurisdiction. If no regular meeting of the Board of Supervisors is scheduled to occur within 60 calendar days after the decision to take jurisdiction, the scheduled hearing date shall be that of the next regular meeting of the Board of Supervisors.

Written notice of the time and place set for hearing the appeal shall be given to the appellant—and to the original applicant, if they are not the appellant—at least 21 calendar days prior to the hearing. Public notice of the hearing shall be given in the same manner as required for the original action appealed from, except that no large sign or signs regarding the appeal hearing shall be required pursuant to SCCC 18.10.221, and no neighborhood meeting regarding the appeal hearing shall be required pursuant to SCCC 18.10.113.

(2) After the public hearing by the Board of Supervisors, whether based upon the previous hearing record or a de novo hearing, the Board may, after making the required findings, make any order it deems just and proper, including the granting of any permit or approval pursuant to the terms of this chapter.

(3) The Board shall have the power to continue any such matter, with the public hearing open or closed. Renoticing shall not be required if the matter is continued to a specific date. In the event the Board is unable to reach a decision on the appeal, the matter may be continued one meeting at the request of the appellant, for a decision in conformance with this section. In the event that an agreement cannot be reached on either a continuance or a Board decision, the decision of the body appealed from shall become final, except in those cases where final action requires an ordinance adopted by the Board.

(F) Finality of Action. Decisions made by the Board of Supervisors are final, except in the case of appeals to the Coastal Commission (see SCCC 18.10.360). [Ord. 5427 § 14, 2022; Ord. 5119 § 51, 2012; Ord. 4500-C § 6, 1998; Ord. 4496-C § 106, 1998; Ord. 4463 § 3, 1997; Ord. 4243 § 26, 1993; Ord. 4075 § 8, 1990; Ord. 4044 § 2, 1990].

18.10.350 Special consideration by Board of Supervisors.

Various planning decisions have been delegated to the Planning Commission, the Zoning Administrator, the Planning Director, or other officers, subject to appeal procedures. In order to ensure the orderly and consistent application of this chapter in accordance with its intent, it is hereby provided that the Board of Supervisors shall consider and act on any such delegated matter which would otherwise be appealable, upon the request of any member of the Board of Supervisors, provided such a request, outlining the reasons why a special consideration of the matter is appropriate, is filed in writing with the Clerk of the Board within the time provided for filing an appeal. If such a written request signed by a Board member is filed with the Clerk of the Board within such time limits, the Clerk shall place the matter on the Board’s next available consent agenda, and the Board shall set the matter for public hearing within 30 calendar days.

Upon the date of the hearing, the matter shall appear on the Board’s regular planning agenda as a public hearing set for special consideration. Thereafter, the matter may be considered de novo by the Board, beginning with a staff report, followed by Board of Supervisors’ comments, and public testimony; or alternatively, after taking public comment, the Board may remand the matter to the Planning Commission, the Zoning Administrator, the Planning Director or other officers, with directions that such subsidiary bodies or officers take any action consistent with this code and the Santa Cruz County General Plan, subject to appeal procedures. Where a hearing upon notice was required before the approving body making the initial decision, the procedure for the Board’s consideration of such matter shall include hearing and notice as required in appeals from such approving body. Any Board member requesting such special consideration shall not be considered an appellant. [Ord. 5427 § 14, 2022; Ord. 4044 § 2, 1990].

18.10.360 Appeals to Coastal Commission.

In the Coastal Zone, some approvals may be appealed to the State Coastal Commission in accordance with the procedures in Chapter 13.20 SCCC (Coastal Zone Regulations). When an appeal of a coastal development permit approval is filed with the Coastal Commission, the permit to which the approval is attached shall not be issued by the County until the Coastal Commission has approved the project and the Planning Director has reviewed and approved any terms or conditions imposed by the Coastal Commission. In the event the Coastal Commission eliminates or modifies any term or condition imposed by the County, or, in the event the Planning Director determines that the terms and conditions imposed by the Coastal Commission are a substantial variation from the terms and conditions of the proposed permit as issued by the County, then the approving body shall reconsider the coastal development permit approval along with reconsideration as necessary of any other discretionary permits required for the project to ensure consistency, and shall review and approve, modify, or deny the project as approved by the Coastal Commission. If the County reconsiders and modifies the project, the approval shall again become appealable to the Coastal Commission pursuant to the provisions of Chapter 13.20 SCCC. [Ord. 5427 § 14, 2022; Ord. 4103 § 3, 1990; Ord. 4044 § 2, 1990].

Article VII. Chapter Administration

18.10.410 Office of Zoning Administrator established.

The office of Zoning Administrator is hereby established. The Planning Director shall be, ex officio, the Zoning Administrator, and may appoint one or more Deputy Zoning Administrators who shall possess the powers and may perform the duties attached by law to the office of Zoning Administrator. The Zoning Administrator shall perform the duties specified in this chapter and in other portions of the County Code. [Ord. 4044 § 2, 1990].

18.10.420 Fees.

Fees for all Planning Department actions taken in the implementation of this chapter shall be set by resolution of the Board of Supervisors. [Ord. 4044 § 2, 1990].

18.10.421 Refund of fees.

Application fees are nonrefundable except as provided in the unified fee schedule. [Ord. 4044 § 2, 1990].

18.10.430 Abandonment of projects.

(A) When an Application Is Considered Abandoned. An application for permits or approvals issued pursuant to this chapter shall be deemed to have been abandoned when information or fees have been requested by the County to complete an application for a project and the information or fees have not been submitted by the applicant within 90 days of such request.

(B) Extended Submittal Period. The Planning Director shall notify the applicant by certified or registered mail of the abandonment. The applicant may provide a written explanation of the delay, stating the date by which the further application material, and, when required, further fees will be submitted. If the Planning Director finds that special circumstances exist and that unusual hardship to the applicant would result from deeming the project abandoned, the Planning Director may appropriately extend the period during which the required material must be submitted. If the required material has not been submitted by the new date, and if the Planning Director has not further extended the allowable period for submitting it, the application shall be deemed abandoned without further notification. A notice of abandonment shall thereafter be mailed to the applicant and a copy placed in the applicant’s file. [Ord. 5427 § 15, 2022; Ord. 4044 § 2, 1990].

18.10.440 Chapter amendment.

Any revision to this chapter which applies to the Coastal Zone shall be reviewed by the Executive Director of the California Coastal Commission to determine whether it constitutes an amendment to the Local Coastal Program. When an ordinance revision constitutes an amendment to the Local Coastal Program, such revision shall be processed pursuant to the hearing and notification provisions of Chapter 18.60 SCCC and shall be subject to approval by the California Coastal Commission. [Ord. 4044 § 2, 1990].

Article VIII. Legal Stipulations

18.10.451 Judicial review.

No legally permitted action or proceeding to attack, review, set aside, void, annul or seek damages or compensation for any County decision or action taken pursuant to this chapter, or to determine the reasonableness, legality, or validity of any condition attached thereto, shall be maintained by any person unless such action or proceeding is commenced and service effected within the applicable time limits specified in SCCC 1.04.080(E), SCCC 1.04.170, Section 65860 and any successor provisions of the Government Code, or Sections 21167 and 30801 and any successor provisions of the Public Resources Code. Thereafter all persons are barred from commencing or prosecuting any such action or proceeding or asserting any defense of invalidity or unreasonableness of such decision or of such proceedings, determinations, or actions taken. The provisions of this section shall not expand the scope of judicial review and shall prevail over any conflicting provisions in any otherwise applicable law relating to the subject matter. This section does not prevail over State law. [Ord. 5427 § 16, 2022; Ord. 4496-C § 107, 1998; Ord. 4044 § 2, 1990].

18.10.452 Procedural errors.

Formal rules of evidence or procedure which must be followed in court shall not be applied in matters considered under this chapter. No action, inaction or recommendation regarding any such matters by any legislative body or any administrative body or official of this County shall be held void or invalid or be set aside by any court on the ground of the improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect or omission (hereinafter called “error”) as to any matters pertaining to petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals or any matters of procedure whatever, including but not limited to those included in this section unless, after an examination of the entire case, including the evidence, the court shall be of the opinion that the error complained of was prejudicial, and that by reason of such error the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed. There shall be no presumption that error is prejudicial or that injury was done if error is shown. [Ord. 4044 § 2, 1990].

18.10.453 Effect of failure to receive notice.

Failure of any person or entity to receive a notice shall not invalidate the action of an approving body on any proposal. [Ord. 4044 § 2, 1990].