Chapter 18.114 — ADMINISTRATIVE PERMITS

• A. Purpose. The purpose of this chapter is to provide procedures for reviewing land uses that may be appropriate in the applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.

• B. Special Consideration. Certain types of land uses may require special conditions in a particular zone or physical location within the County because they possess unique characteristics or present special problems that make automatic inclusion as permitted uses either impractical or undesirable due to potential and unforeseeable impacts to the surrounding area.

• C. Intent. The Administrative Permit procedures are intended to provide sufficient flexibility in the use regulations to further the objectives of this Zoning Code and to provide the County with the opportunity to impose special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location.

• (Ord. 1976 § 2, 2019)

Approval of an Administrative Permit is required to authorize proposed land uses specified by Article 2 (Zones, Allowable Uses, and Development Standards) as being allowable in the applicable zone when subject to the approval of an Administrative Permit. (Ord. 1976 § 2, 2019)

• A. Compliance with Table 6-2. Table 6-2 (Administrative Permits Review Authority) below, identifies the Review Authority responsible for reviewing and making decisions on each type of Administrative Permit application required by this chapter.

Notes:

1. "Decision" is a discretionary action where the Review Authority makes the final decision on the matter; "Appeal" means that the Review Authority may consider and decide upon appeals to the decision of a lower Review Authority in compliance with Chapter 18.144 (Appeals); "Issuance" is a ministerial action where the Review Authority may consider and grant the request in compliance with this Zoning Code; "Recommend" means that the Review Authority should provide preliminary review and forward input to the decision-making Review Authority for consideration.

2. Any Review Authority may defer action and refer the request to the next higher Review Authority level for consideration and final action. In cases where the Board is specified as the Review Authority, the Board shall be the final level of review.

Notes:

3. See subsection B (Administrative Permit Review Levels) of this section.

• B. Administrative Permit Review Levels. The processing of an Administrative Permit is completed at one of four levels: (1) over-the-counter (i.e., staff approval); (2) Director decision without a public hearing; (3) Hearing Officer decision at a public hearing; and (4) Commission or Board decision at a public hearing. The review level is determined by the project proposal, its location, potential for controversy or opposition and potential environmental impacts in the following manner:

  1. Level One—Over-the-Counter Review by Staff.

     • a. An over-the-counter approval may be given for an Administrative Permit for additional dwelling units on a parcel that complies with County Codes. If the project has unresolved issues, the project may be reviewed and acted on by the Director without a public hearing in compliance with Level Two below.

     • b. If significant opposition arises during review, it may be referred to the Hearing Officer in compliance with Level Three below.

  2. Level Two—Director Without a Public Hearing.

     • a. If a project has unresolved issues, it may be reviewed and acted on by the Director without a public hearing.

• b. The Director shall make a decision on the application and, if approved and no appeal is filed within 10 days, the Administrative Permit is mailed to the applicant and Building Permits may be processed and/or the use established.

  - c. The Director may also refer an application for an Administrative Permit to the Commission for a decision at a public hearing because of controversy or policy issues involved. 
  
     - (1) Any major modifications to an Administrative Permit that was referred to and acted upon by the Commission shall be approved by the Commission pursuant to Section **18.130.090** (Changes to an Approved Permit). 
  

  3. Level Three—Hearing Officer with a Public Hearing.

     • a. If a project appears to be controversial, or if there are unresolved issues, it shall be scheduled for a public hearing before the Hearing Officer.

     • b. The Hearing Officer shall make a decision on the application and, if approved and no appeal is filed within 10 days, the Administrative Permit is mailed to the applicant and Building Permits may be processed and/or the use is established.

     • c. The Hearing Officer may also refer an application for an Administrative Permit to the Commission for a decision at a public hearing because of controversy or policy issues involved.

       • (1) Any major modifications to an Administrative Permit that was referred to and acted upon by the Commission shall be approved by the Commission pursuant to Section 18.130.090 (Changes to an Approved Permit).

  4. Level Four—Commission or Board with a Public Hearing. The Director and Hearing Officer may also refer an application for an Administrative Permit to the Commission or the Board for a decision at a public hearing because of controversy or policy issues involved.

     • a. Any major modifications to an Administrative Permit that was referred to and acted upon by the Commission shall be approved by the Commission pursuant to Section 18.130.090 (Changes to an A pproved Permit).

• (Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)

• A. An application for an Administrative Permit shall be filed and processed in compliance with Chapter 18.112 (Application Processing Procedures).

• B. The application shall include the information and materials specified in the most up-to-date Department handout for Administrative Permit applications, together with the required fee in compliance with the Fee Schedule.

• C. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.114.050 (Findings and Decision) below.

• D. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 18.112.070 (Initial Application Review).

• E. The applicable Review Authority shall conduct a public hearing on an application for an Administrative Permit before making a decision on the application, if required by Table 6-2 and subsection B (Administrative Permit Review Levels).

• F. If a public hearing is required, notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings).

• G. If a public hearing is not required, notice of review/project shall be mailed to all adjacent property owners in compliance with Chapter 18.146 (Public Notices and Hearings).

• H. The Review Authority decision is first appealable to the Commission and then the Board in compliance with Chapter 18.144 (Appeals).

• (Ord. 1976 § 2, 2019)

The Review Authority may approve or conditionally approve an Administrative Permit only after first making all of the following findings:

• A. The proposed use is consistent with the General Plan, any applicable specific plan, and this Zoning Code;

• B. The proposed use is allowed within the subject zone and complies with all other applicable provisions of this Zoning Code and the County Code;

• C. The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity;

• D. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the County, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in proximity to the proposed use; and

• E. The project site is:

  1. Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access, and public services and utilities or private water/septic public services if not required by zone;

  2. Served by highways and streets adequate in width and improvement to carry the type and quantity of traffic the proposed use would likely generate; and

3. Served adequately by public water and sewer and/or private septic and wells. (Ord. 1976 § 2, 2019)

When considering approval of an Administrative Permit, the Review Authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 18.114.050 (Findings and Decision). (Ord. 1976 § 2, 2019)

• A. An Administrative Permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter, except as specified in subsection B or as specified in this Code.

• B. Any Administrative Permit that is not actively exercised for a continuous period of 12 months shall become invalid.

• (Ord. 1976 § 2, 2019)

Changes to an approved Administrative Permit may only be requested and processed in compliance with Section 18.130.090 (Changes to an Approved Project). (Ord. 1976 § 2, 2019)

The procedures and requirements in Chapter 18.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on an Administrative Permit application. (Ord. 1976 § 2, 2019)