Chapter 130.50 — APPLICATION FILING AND PROCESSING

Sec. 130.50.010 - Content.

This Article provides the general authority and identifies procedures necessary to file and process development proposals in any zone.

Sec. 130.50.020 - Organization of Review Process.

A.

Types of Procedures. The five procedures used to review all types of applications under this Article, as described in Section 130.50.040 (General Review Procedures) below in this Chapter, are the following:

1.

Director-level review without public notice;

2.

Director-level review with public notice; or

3.

Zoning Administrator-level review with public notice and public hearing; or

4.

Planning Commission-level review with public notice and public hearing; or

5.

Board of Supervisors-level review with public notice and public hearing.

(Ord. No. 5127, § 15, 9-1-2020)

Sec. 130.50.030 - Review Authority for Allowed Uses and Permit Decisions.

The review authority of original jurisdiction for each type of application or use entitlement shall be as provided below in Table 130.50.030.A (Review Authority) below in this Section. The nature of the initial action (i.e. issue, decide, or recommend) is shown, in compliance with Chapter 130.52 (Permit Requirements, Procedures, Decisions, and Appeals) below in this Article.

Table 130.50.030.A—Review Authority

Type of Application	Citation	Director	Zoning Administrator	Planning Commission	Board of Supervisors
Administrative Permit	130.52.010	Issue4	—	Appeal5	Appeal
Minor Use Permit	130.52.020	Recommend1	Decide	Appeal	Appeal
Conditional Use Permit	130.52.021	Reccommend1	Decide2	Decide	Appeal
Design Review Permit	130.52.030	Decide/ Recommend	—	Decide	Appeal
Development Agreement	130.58.030	—	—	Recommend	Decide
Development Plan Permit	130.52.040	Recommend	—	Decide	Appeal
Revisions to an Approved Permit or Authorization3	130.54.070	Decide	Decide	Decide/ Appeal	Appeal
Specifc Plan	130.56.020	—	—	Recommend	Decide
Temporary Mobile Home Permit	130.52.050	Issue	—	Appeal	Appeal
Temporary Use Permit	130.52.060	Decide	—	Appeal	Appeal
Variance	130.52.070	—	Decide	Appeal	Appeal
NOTES: 1The review authority will consider a discretionary application and make a recommendation for decision to a higher review authority. 2Where two deciding review authorities are indicated, such as for Conditional Use Permits, the review authority of original jurisdiction will be determined by the complexity of the project. 3Revisions to an approved project shall be decided by the review authority of original jurisdiction. 4Administrative relief and waivers of agricultural setbacks beyond the scope of the Director's authority are referred to the Ag Commission for consideration and approval. The Ag Commission decision may be appealed to the Board. Administrative Permits issued under Chapter 130.44 (Ranch Marketing) and for special events issued under Section 130.40.400 (Wineries) are reviewed by the Agricultural Commissioner consistent with Section 130.52.010. 5The Ag Commission serves as the appeal body for decisions of the Agricultural Commissioner on Administrative Permits issued under Chapter 130.44 (Ranch Marketing).

A.

An applicant may waive their option for a decision by the Director or Zoning Administrator and be heard directly by the Commission.

B.

The Director may defer action and refer any permit or authorization application to the Commission for determination.

C.

All decisions of the review authority are appealable, in compliance with Section 130.52.90 (Appeals) below in this Article.

D.

All planning applications shall comply with Section 130.51.050 (Public Notice Requirements and Procedures) below in this Article.

(Ord. No. 5127, § 16, 9-1-2020; Ord. No. 5177, § 8, 6-20-2023; Ord. No. 5218, § 9, 12-10-2024)

Sec. 130.50.040 - General Review Procedures.

The various types of planning applications will be subject to one of the following procedures based on level of review by the Director, Zoning Administrator, Planning Commission, and/or Board of Supervisors:

A.

Director-level Review without Public Notice. Director shall render decisions based upon standards that have been adopted by the County as law or as policy without the requirement of notice to nearby property owners and other parties.

B.

Director-level Review with Public Notice. Staff shall provide written or published notice to nearby property owners and interested parties regarding specific findings or conditions prior to a decision. The notice shall describe the pending decision, the appeal procedure, and provide interested parties an opportunity to comment before the Director renders a decision. The nearby and interested parties are identified and outlined in Table 130.051.050.1 (Public Notice Requirements and Procedures) below in this Article.

C.

Zoning Administrator-level Review with Public Notice and Public Hearing. Zoning Administrator-level review is conducted by the Zoning Administrator, the Director, or designee, is discretionary in nature, and is subject to a noticed public hearing. During the course of the public hearing, the Zoning Administrator shall invite public testimony, review evidence, and then render its decision in compliance with Section 130.51.060 (Conditions of Approval) below in this Article. Public notice of a Zoning Administrator-level review hearing is set forth in Table 130.51.050.1 (Public Notice Requirements and Procedures) below in this Article.

D.

Planning Commission-level Review with Public Notice and Public Hearing. Planning Commission-level review is discretionary in nature, and is subject to a noticed public hearing. During the course of the public hearing, the Commission shall invite public testimony, review evidence, and then render its decision in compliance with Section 130.51.060 (Conditions of Approval) below in this Article. Public notice of a Planning Commission-level review hearing is set forth in Table 130.51.050.1 (Public Notice Requirements and Procedures) below in this Article.

E.

Board of Supervisors-level Review with Public Notice and Public Hearing. Board-level review is discretionary in nature, and is subject to a noticed public hearing. During the course of the public hearing, the Board shall invite public testimony, review evidence, and then render its decision in compliance with Section 130.51.060 (Conditions of Approval) below in this Article. Public notice of a Board-level review hearing is set forth in Table 130.51.050.1 (Public Notice Requirements and Procedures) below in this Article.

(Ord. No. 5127, § 17, 9-1-2020)

CHAPTER 130.51. - GENERAL APPLICATION PROCEDURES