Del Norte County Municipal Code Ch. 21 50C — California Coastal Zone Entitlement Procedures--Use Permits

21.50C.10 Definition 21.50C.20 When Required 21.50C.30 Application Review 21.50C.40 Notification 21.50C.50 Hearings 21.50C.60 Revocation/Expiration 21.50C.70 Appeals

A use permit is an entitlement which provides for the establishment of certain uses which are not permitted as a matter of right but which may be established within specified zoning districts subject to the review and satisfaction of specified conditions as set forth in Chapters 21.02 through 21.60.

(Ord. 83-03 (part), 1983)

A use permit shall be required for new development as specified in Chapters 21.08 through 21.48 and under the following circumstances:

1. Any amendment(s) to a prior approved use permit including, but not limited to, a requested change in contingencies.

2. An addition or expansion of a use permit.

3. An addition or expansion of a use requiring but not having a use permit because the land use predates the zoning requiring a use permit.

(Ord. 83-03 (part), 1983)

1. Content. Application for a use permit shall be made to the county planning office on a form provided by the office and shall be accompanied by:

   1. Verification of the applicant's interest in the property such as a copy of the grant deed, signed or certified escrow instructions, title report or owner's letter of authorization.

   2. An assessor's office plat map.

   3. A plot plan of sufficient detail to illustrate the request and to determine compliance with other county regulations (yards, setbacks, grading, General Plan compliance, etc.).

   4. Any building plans, elevations or supplemental data as may be requested to adequately illustrate the proposal and/or its impacts.

   5. A filing fee, as prescribed in the current fee schedule resolution of the board of supervisors.

2. Environmental Review Committee (See Title 16 of the Del Norte County Code). The environmental review committee shall review an application at its next regular meeting after submission of the application packet to the department of planning and building. Review shall include:

   1. A determination of completeness of the application and, where necessary, notification of any additional information required.

   2. A recommendation for action on an environmental document pursuant to the California Environmental Quality Act.

3. Planning Staff Report. Project applications shall be reviewed by the environmental review committee, scheduled for planning commission/harbor commission hearing and shall be accompanied by a report from the staff of the department of planning and building. The report shall include a description of the project, its location, and applicable regulations and/or policies, any responses to comments submitted regarding the project and a recommendation for findings and/ or conditions, if any, including consistency with the zoning and/or General Plan.

(Ord. 83-03 (part), 1983)

1. The county shall provide notice of pending application which contains the following information:

   1. A statement that the development is within the coastal zone.

   2. The date of filing of the application and the name of the applicant.

   3. The number assigned to the application.

   4. A description of the development and its proposed location.

   5. The date(s), time and place(s) at which the application will be considered by the local governing body.

   6. A brief description of the general procedure of local government concerning the conduct of any hearing and/or issuance action.

   7. The system for local and Coastal Commission appeals including any local fees required.

2. Notice of a public hearing shall be provided at least ten days prior to the hearing by:

   1. First-class mail to each applicant, to all persons who have requested to be on the mailing list for that project or for coastal decisions within the county's coastal zone and the coastal commission; and

   2. First-class mail to all property owners within one hundred feet of the perimeter of the parcel on which the development is proposed; and

   3. Notice shall be delivered by the applicant to each dwelling unit within one hundred feet of the project. The applicant shall submit to the county planner a signed affidavit listing the addresses of all residences and attesting to the delivery of the notices. The affidavit shall be submitted within three calendar days of delivery; and

   4. Notice shall be published at least once in a newspaper of general circulation published and circulated in the county.

3. For the purposes of this section:

   1. "Property owner" means all persons, including businesses, corporations or other public or private entities shown on the latest equalized assessment roll as owning real property.

   2. Those persons who request to be on a mailing list shall submit such request in writing to the department of planning and building at any time during the calendar year and it shall apply for the balance of such calendar year. The county may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

(Ord. 83-03 (part), 1983)

1. Use permits shall be heard by the planning commission/harbor commission at the date, time and place set forth in the required public notice.

2. The planning commission/harbor commission may issue the use permit if the finding of the commission shall be that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood, such use is in harmony with the general intent of Chapters 21.02 through 21.60 and that the issuance of the permit is consistent with those General Plan policies which are applicable to the subject parcel.

3. The planning commission/harbor commission may designate such conditions as it deems necessary to secure the purposes of Chapters 21.02 through 21.60 and may require a guarantee and/or bond that such conditions will be complied with.

(Ord. 83-03 (part), 1983)

1. In any case where the conditions of granting a use permit have not, or are not complied with, the planning commission/harbor commission shall give notice to the permittee by certified mail sent to the address shown on the application for the use permit at least ten days prior to a hearing thereon. At the conclusion of the hearing, the commission may revoke such permit. Such revocation shall be subject to the right of local appeal in the same manner as set forth in Chapter 21.51.

2. In any case where a substantial start has not been made to use the use permit within one year after the date of granting thereof, or the use permit has been abandoned for a period of one year, then, without further action by the planning commission/harbor commission or board of supervisors, the use permit granted shall be null and void. At the permittee's request, evidence of a substantial start or abandonment of a use permit may be reviewed by the commission as per subsection A of this section in order to determine whether the permit should not be null and void.

(Ord. 83-03 (part), 1983)

Local appeals to the board of supervisors shall be as set forth in Chapter 21.50.

(Ord. 83-03 (part), 1983)