Chapter 18.10
PERMIT AND APPROVAL PROCEDURES Amended Ord. 5239

Sections:

Article I. Title—Permit and Approval Procedures

18.10.010    Purpose of chapter.

18.10.015    Definitions.

Article II. General Processing Structure

18.10.110    Scope.

18.10.111    Permits and policy amendments.

18.10.112    Processing levels.

18.10.120    Review process.

18.10.121    Summary chart of review process.

18.10.122    Processing levels.

18.10.123    Concurrent approvals.

18.10.124    Hearing procedures.

18.10.125    Timely action.

18.10.126    Multiple applications.

18.10.128    Requests for reasonable accommodation.

Article III. Permits

18.10.131    Permit issuance.

18.10.132    Permit expiration.

18.10.133    Permit renewal (time extensions).

18.10.134    Permit amendment (project and plan changes).

18.10.135    Reapplication after denial.

18.10.136    Permit revocation.

18.10.140    Conformity with the General Plan and other legal requirements. Amended Ord. 5239

18.10.150    Environmental review.

18.10.160    Coastal Zone review.

18.10.170    Agricultural preserve and open-space easement contracts.

18.10.180    Planned unit developments (“PUDs”).

18.10.181    Planned unit development—Permit applications.

18.10.183    Planned unit development—Permit findings.

18.10.184    Planned unit development—Official action.

18.10.185    Planned unit development—Standards.

Article IV. Specific Processing Requirements

18.10.210    Application submittal requirements.

18.10.211    Neighborhood notification and meeting.

18.10.212    Application completion.

Article V. Noticing Procedures

18.10.221    Level I through Level III (field visit)—Public listing.

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

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

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

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

18.10.230    Findings required.

18.10.240    Permit conditions.

Article VI. Appeal Procedures

18.10.310    General appeal procedures.

18.10.320    Appeals to Planning Director—From Level I through Level III (field visit).

18.10.324    Appeals to Zoning Administrator—From Level IV (public notice).

18.10.330    Appeals to Planning Commission—From Level V (Zoning Administrator).

18.10.332    Planned unit development—Hearings.

18.10.340    Appeals to Board of Supervisors—From Level VI (PC).

18.10.350    Special consideration by Board of Supervisors.

18.10.360    Appeals to Coastal Commission.

Article VII. Chapter Administration

18.10.410    Office of Zoning Administrator established.

18.10.420    Fees.

18.10.421    Refund of fees.

18.10.430    Abandonment of projects.

18.10.440    Chapter amendment.

Article VIII. Legal Stipulations

18.10.451    Judicial review.

18.10.452    Procedural errors.

18.10.453    Effect of failure to receive notice.

Article I. Title—Permit and Approval Procedures

18.10.010 Purpose of chapter.

The purpose of this chapter is to coordinate the administration of County regulations by establishing a standardized and integrated review and approval process for all development projects and changes in planning policy. [Ord. 4044 § 2, 1990].

18.10.015 Definitions.

All definitions shall be as defined in the General Plan or Local Coastal Program Element of the General Plan glossaries, and as follows:

“Approval” means any approval required pursuant to any County ordinance applicable to this chapter as a part of a development permit, building permit, parcel approval, or policy amendment.

“Approving body” means the Planning Director, Agricultural Policy Advisory Commission, Zoning Administrator, Planning Commission, Board of Supervisors, or other duly appointed person or group which has been charged with the issuance of permits or approvals pursuant to this chapter.

“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” means the Board of Supervisors of Santa Cruz County.

“Building permit” means a permit authorizing construction activities issued in conformance with Chapter 12.01 SCCC (Building Permit Regulations).

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

“Consent agenda” means a type of public hearing agenda in which a permit will be summarily approved or denied pursuant to staff recommendations, conditions, and findings unless the item is removed to the regular agenda at the request of a member of the public, the applicant, or a member of the approving body.

“Development permit” means a permit authorizing land use and development after planning staff review for compliance with all pertinent County ordinances, including the zoning ordinance and the various natural resource preservation and physical hazards protection ordinances, and after appropriate public involvement.

“Development review group (DRG)” means a group of County staff from several County departments and other public agencies which reviews proposed development projects to determine the extent of further information which will be needed to process the application, and which assesses the project for compliance with all County ordinances.

“Engineering review group (ERG)” means a group of County staff with representatives from the Department of Public Works, the Redevelopment Agency, and Planning which reviews development proposals for plan line and other traffic related requirements associated with new development. The ERG shall recommend plan line study parameters and shall review proposed plan line studies when submitted. The Planning Director may forward the ERG’s recommendations concerning approval of the plan line to the Board of Supervisors.

“Land division permit” means a permit consisting of a tentative map, parcel map or final map approval for land parcelization. The permit is issued after appropriate public involvement and after planning staff review for compliance with all pertinent County ordinances, including (where applicable) the subdivision ordinance and, for development outside the urban services line, the rural residential density determinations ordinance.

“Major project” means a project processed at Levels VI and VII. This processing includes a preapplication which is reviewed by a development review group in order to determine the need for further information prior to the submittal of a complete application.

“Minor project” means a project processed at Levels I, II, and III. These are administrative permits which require staff review and, sometimes, a staff field visit.

“Notice of appeal” means a written document, properly and timely filed commences an appeal pursuant to Article VI of this chapter.

“Parcel approval” means a land division permit, certificate of compliance (unconditional or conditional), or a lot line adjustment.

“Planning Director” means the Director of the County Planning Department or his or her authorized designee charged with the administration and enforcement of this chapter.

“Policy amendment” means a change in planning policy in terms of establishing, amending, or interpreting the Local Coastal Plan, the General Plan, specific plans, land use designations, or County ordinances or regulations.

“Processing levels” means permit and approval processing procedures with varying application and review requirements, based on the complexity of the project, the amount and type of public involvement provided, and the decision making body which is authorized to approve a permit for the project. There are seven different processing levels as established by this chapter.

“Regular agenda” means a type of public hearing agenda in which public testimony is taken. A permit heard on a regular agenda will be approved or denied on the basis of the public testimony and the staff recommendation, findings, and conditions.

“Regular project” means a project processed at Levels IV and V. These projects involve field visits by staff, staff reports, and public notice and/or public hearing.

“Resolution of intention” means a resolution adopted by the Planning Commission or the Board of Supervisors. In this chapter, the term is used with reference to a resolution adopted in order to revoke or amend a permit, or to initiate a policy amendment.

Without Prejudice. A denial of a 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.

“Zoning Administrator” means the Planning Director or his/her designee who performs the duties attached by law to the office of Zoning Administrator, as established by this chapter. [Amended during 9/07 supplement; Ord. 4496-C § 98, 1998; Ord. 4281 § 6, 1993; Ord. 4196 § 3, 1992; Ord. 4132 § 8, 1991; Ord. 4044 § 2, 1990].

Article II. General Processing Structure

18.10.110 Scope.

This chapter establishes procedures for County review and approval of permits for development projects and of changes in planning policies and regulations. The types of permits and approvals which are required are defined in this chapter. This chapter also establishes seven levels of standardized processing procedures for the review of permits and policy amendments. [Ord. 4044 § 2, 1990].

18.10.111 Permits and policy amendments.

(A)    Permits. Development and use of land in Santa Cruz County shall be authorized by one or more of the following types of permits (some projects may require all three) approved pursuant to the procedures of this chapter. Each permit is made up of a number of approvals depending on the number of County ordinances which are applicable.

(1)    Building Permit. A permit authorizing construction activities issued in conformance with Chapter 12.01 SCCC (Building Permit Regulations) and all other applicable County ordinances.

(2)    Development Permit. A permit authorizing land use and development based on approvals pursuant to all applicable County ordinances.

(3)    Parcel Approval. An approval of a tentative map, authorizing the filing of a final map, or a parcel map, creating a new land parcelization, or an approval of a lot line adjustment authorizing the filing of a deed, or an approval authorizing the filing of a certificate of compliance or conditional certificate of compliance in conformance with Chapter 14.01 SCCC (Subdivision Regulations) and all other applicable County ordinances.

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

(1)    General Plan policies and designations pursuant to Chapter 13.01 SCCC (General Plan Administration).

(2)    Specific plans pursuant to Chapter 13.02 SCCC (Specific Plan Administration).

(3)    Local Coastal Program designations, policies, and ordinances pursuant to Chapter 13.03 SCCC (Local Coastal Program Administration).

(4)    Zoning plan designations and use regulations pursuant to Chapter 13.10 SCCC (Zoning Regulations).

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

(6)    Other County ordinances.

(C)    Applicable County Ordinances. All permits and approvals issued pursuant to this chapter must be in conformance with the County General Plan and must also be consistent with all other County ordinances and regulations. [Ord. 4281 § 7, 1993; Ord. 4132 § 10, 1991; Ord. 4044 § 2, 1990].

18.10.112 Processing levels.

The application, processing, and review requirements for any permit application, approval, or policy amendment vary with the complexity of the project involved and the amount and type of public participation required. There are two basic types of permits and approvals: administrative permits and approvals and public hearing permits and approvals. A listing of all permits and approvals issued shall be maintained by the Planning Department for public review.

(A)    Administrative Permits and Approvals. The following reviews shall be conducted and permits shall be acted upon by the Planning Director or his or her authorized designee charged with the administration of this chapter.

(1)    Processing Level I includes planning review and administrative action on permits based on a description of the project.

(2)    Processing Level II (plans required) includes planning review and administrative action on permits based on building plans as well as a description of the project.

(3)    Processing Level III (field visit required) includes planning review that involves one or more visits to the site by staff planners in conjunction with review of the project description and plans prior to administrative action on permits.

(4)    Processing Level IV (public notice) includes those projects for which plans are required, field visits are conducted, and for which public notice is provided prior to administrative action on permits—in the form of posting of the property, notice posted on the County Planning Department website, notice to each member of the Board of Supervisors and mailed notice to the owners and occupants of the subject and surrounding properties.

(B)    Public Hearing Permits and Approvals. The following reviews shall be conducted and permits or policy amendments shall be acted upon by the designated approving body following a duly noticed public hearing pursuant to SCCC 18.10.221, et seq.:

(1)    Processing Level V (Zoning Administrator) includes projects for which full plans are required, field visits are conducted, public notice is provided in the form of a posting of the property, notice to each member of the Board of Supervisors, a mailed notice to the surrounding property owners and occupants, as well as to occupants of the subject property, and staff reports are prepared which require approval by the Zoning Administrator, after a notice of public hearing.

(2)    Processing Level VI (Planning Commission) includes projects for which full plans are required, field visits are conducted, public notice is provided in the form of a posting of the property, notice to each member of the Board of Supervisors, a mailed notice to surrounding property owners and occupants, as well as to occupants of the subject property, and staff reports are prepared which require approval by the Planning Commission, after a notice of public hearing.

(3)    Processing Level VII (Board of Supervisors) includes projects for which full plans are required, field visits are conducted, public notice is provided in the form of a posting of the property, notice to each member of the Board of Supervisors, a mailed notice to surrounding property owners and occupants, as well as to occupants of the subject property, and staff reports are prepared, and which require a recommendation by the Planning Commission, after a notice of public hearing, to be acted upon by the Board of Supervisors, also after a notice of public hearing. [Ord. 5119 § 45, 2012; Ord. 4496-C §§ 99, 100, 1998; Ord. 4044 § 2, 1990].

18.10.120 Review process.

The following review process shall apply to all permits and approvals issued through the Planning Department. These regulations supersede all other procedures in other County ordinances for the issuance of said permits and approvals, except where the regulations of the other ordinances supplement and are not in conflict with this chapter. [Ord. 4044 § 2, 1990].

18.10.121 Summary chart of review process.

Action on permits and approvals shall be in accordance with the procedures of one of the seven processing levels defined in this chapter and as required by the governing County ordinances and regulations. The following chart is presented for the purpose of illustration and provides an outline of the general requirements for each processing level. The “X”s indicate which items apply to which level. The processing levels are identified by their numbers and names. “Submittals required” refers to the application submittal requirements given in SCCC 18.10.210. “Public notices required” refers to the differing requirements of public noticing for each processing level as prescribed in SCCC 18.10.221 et seq. “Approving body” indicates the officer or hearing body which makes the determination on applications at each processing level, as defined in SCCC 18.10.112.

Table 18.10.121

SUBMITTALS REQUIRED

PROCESSING LEVEL

(See SCCC 18.10.210)

1

2

3

4

5

6

7

Application form, fee project description

X

X

X

X

X

X

X

Plot plan, building plans

 

X

X

X

X

X

X

Site development plans

 

X

X

X

X

X

X

Results of neighborhood meeting (see SCCC 18.10.210 and 18.10.211)

 

 

 

 

 

X

X

Further information if needed after initial staff review

X

X

X

X

X

X

X

PUBLIC NOTICES REQUIRED

PROCESSING LEVEL

(See SCCC 18.10.221 through 18.10.223)

1

2

3

4

5

6

7

List of official action

X

X

X

 

 

 

 

Notice of pending action posted on County Planning Department website

 

 

 

X

 

 

 

Notice of pending action or public hearing posted on project site

 

 

 

X

X

X

X*

Notice of proposed development sign placed on site by applicant

 

 

 

X

X

X

X

Notices of pending action or public hearing mailed by County to owners of property within 300 feet and to occupants within 100 feet and to the subject property

 

 

 

X

X

X

X*

Legal advertisement of public hearing

 

 

 

 

X

X

X*

* Required for both Planning Commission and Board of Supervisors hearings

APPROVING BODY

PROCESSING LEVEL

(See SCCC 18.10.112)

1

2

3

4

5

6

7

Planning Director or designated person

X

X

X

X

 

 

 

Zoning Administrator

 

 

 

 

X*

 

 

Planning Commission

 

 

 

 

 

X*

X

Board of Supervisors

 

 

 

 

 

 

X*

*    And California Coastal Commission if appealed.

[Ord. 5119 § 46, 2012; Ord. 4818 § 1, 2006; Ord. 4774 § 3, 2004; Ord. 4496-C § 101, 1998; Ord. 4044 § 2, 1990].

18.10.122 Processing levels.

The level of processing required for each possible type of development is set forth in this and other County ordinances establishing the processing level for the permit or approval sought (See SCCC Titles 12, 13, 14 and 16). [Ord. 4044 § 2, 1990].

18.10.123 Concurrent approvals.

(A)    Concurrent Action. When more than one approval is required for a permit, or more than one permit is required for a project, or when a time extension for more than one permit is applied for, all the required approvals, 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. At Levels I (no plans) through IV (public notice), development permit approvals are applied for concurrently with a building permit. At Levels V (Zoning Administrator) through VII (Board of Supervisors), building permits shall not be applied for until after all development and/or land division permits have been obtained. An exception may be approved by the Planning Director, which approval shall only be granted upon written agreement that fees paid for such application and any other applicant incurred costs are at the sole risk of the applicant.

(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 approval and/or recommendation, as required by SCCC 16.42.040, has been granted, 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 and action pursuant to SCCC 16.42.050(B).

(B)    Processing Level. When more than one permit, permit extension or approval is required for any one project, all the required permits, approvals and extensions for that permit shall, when appropriate, be concurrently acted upon at the highest processing level required for any of the required permits, approvals or permit extensions for the project.

(C)    Permit Extension. Where a building permit extension is applied for pursuant to SCCC 12.10.070(E), and additional extensions for other types of permits are required to permit the work authorized by the building permit to be done, all of said extensions shall be applied for and acted upon concurrently subject to subsections (A) and (B) of this section. [Ord. 5182 § 17, 2014; Ord. 4103 § 1, 1990; Ord. 4044 § 2, 1990].

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 a member of the public, the applicant, or any member of the approving body. An item must be in the regular agenda in order for public testimony to be taken.

(B)    Referral to Next Level. At the discretion of the approving body, any permit approval or appeal of any permit approval may be referred to the next higher level if, in the opinion of the approving body, the project merits more extensive review. Appeals pending before the Planning Director may be referred to the Zoning Administrator or Planning Commission.

(C)    Continuances. Any matter may be continued from time to time. Re-noticing shall be done as prescribed in SCCC 18.10.223(D). [Ord. 4044 § 2, 1990].

18.10.125 Timely action.

(A)    Development Permits. When applicable, Section 65920, et seq., of the California Government Code, or its successor, and any other applicable State laws regarding time limits for the issuance of permits, apply to the approvals and permits issued under this chapter.

(B)    Land Division Permits. 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.

(C)    Environmental Review. Time limits for actions on both development permits and parcel approval may be extended by the procedures of the environmental review guidelines adopted pursuant to Chapter 16.01 SCCC (environmental impact review). [Ord. 4281 § 12, 1993; Ord. 4044 § 2, 1990].

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. 4044 § 2, 1990].

18.10.128 Requests for reasonable accommodation.

(A)    Purpose. It is the policy of the County of Santa Cruz, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of this section is to provide a process for individuals with disabilities to make requests for reasonable accommodation in regard to relief from the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the County.

(B)    Requesting Reasonable Accommodation.

(1)    In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation relating to the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the County.

(2)    A request for reasonable accommodation in laws, rules, policies, practices and/or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing.

(3)    If an individual needs assistance in making the request for reasonable accommodation or appealing a determination regarding reasonable accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant shall be entitled to be represented at all stages of the proceeding by a person designated by the applicant.

(4)    If the project for which the request is being made also requires some other planning permit or approval, then the applicant shall file the request together with the application for such permit or approval.

(C)    Required Information. All requests for reasonable accommodation shall include the following information:

(1)    Applicant’s name, address and telephone number;

(2)    Assessor’s parcel number and address of the property for which the request is being made;

(3)    The current actual use of the property;

(4)    The code provision, regulation or policy from which accommodation is being requested; and

(5)    Verification of the claim that the individual is considered disabled under the Federal Fair Housing Act or the California Fair Employment and Housing Act and a brief description of why the accommodation is necessary to make the specific housing available to the individual.

(D)    Notice of Request for Accommodation. Written notice of a request for reasonable accommodation shall be given as follows:

(1)    In the event that there is no approval sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties which are immediately adjacent to the property which is the subject of the request.

(2)    In the event that the request is being made in conjunction with some other process, the notice shall be transmitted along with the notice of the other proceeding.

(E)    Required Findings. The following findings must be analyzed, made and adopted before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record of the proceeding relating to such approval or denial:

(1)    The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Federal Fair Housing Act of 1988 or the California Fair Employment and Housing Act.

(2)    The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Federal Fair Housing Amendments Act of 1988 or the California Fair Employment and Housing Act.

(3)    The requested reasonable accommodation will not impose an undue financial or administrative burden on the County.

(4)    The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the County.

(5)    The requested accommodation will not deprive adjacent properties of light, air and open space consistent with the intent of the zoning ordinance.

(F)    Jurisdiction.

(1)    The Planning Director, or his/her designee, shall have the authority to consider and act on requests for reasonable accommodation. The Planning Director shall designate the Chief Building Official to act on his/her behalf for requests that involve reasonable accommodations to the Building Code. When a request for reasonable accommodation is filed with the Department, it will be referred to the Planning Director, or his/her designee, for review and consideration. The Planning Director shall issue a written determination within 30 days of the date of receipt of a completed application and may (a) grant the accommodation request, (b) grant the accommodation request subject to specified nondiscriminatory conditions, or (c) deny the request. All written determinations shall give notice of the right to appeal.

(2)    If necessary to reach a determination on the request for reasonable accommodation, the Planning Director may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant responds to the request.

(G)    Notice of Proposed Decision.

(1)    Notice of the proposed decision shall be made in the same manner as provided above.

(2)    Within 14 days of the date the notice is mailed, any person may make a request for a Planning Director’s review of a proposed decision.

(3)    If no request for review is received, the proposed decision shall become a final Director’s decision.

(H)    Director’s Review. The Planning Director shall conduct a review hearing on the request for reasonable accommodation at which all evidence and testimony shall be considered.

(I)    Notice of Director’s Decision.

(1)    Within 30 days after the hearing, the Planning Director shall issue a decision granting the request, including any reasonable conditions, or denying the request.

(2)    The notice of decision shall contain the Planning Director’s factual findings, conclusions and reasons for the decision.

(3)    The notice of decision shall be made in the same manner as set forth in the previous section.

(J)    Removal of Improvement. All improvements constructed under the auspices of this section shall be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted unless it is determined that the unit has been re-occupied by a qualified person, or if it is determined by the County of Santa Cruz that the removal of the improvement is not readily achievable. [Ord. 4660 § 1, 2002].

Article III. Permits

18.10.131 Permit issuance.

After an application has been approved in accordance with this chapter, and all the required approvals which make up the permit have been obtained, then the permit, including attached conditions, shall be issued to the applicant in accordance with the following:

(A)    Levels I (No Plans) Through III (Field Visit). Permits processed at Levels I (no plans) through III (field visit) are issued immediately upon approval. Actions to approve or deny projects are made by the Planning Director or his or her designee and may be administratively appealed in accordance with the procedures in Article VI of this chapter.

(B)    Level IV (Public Notice). Permits processed at Level IV (public notice) are issued after an appeal period of 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, unless an administrative appeal is filed in accordance with the procedures in Article VI of this chapter. Actions to approve or deny projects at Level IV (public notice) are made by the Planning Director or his or her designee. If an appeal is filed, an approval or denial shall not become effective until the appeal has been resolved.

(C)    Levels V (Zoning Administrator) Through VII (Board of Supervisors). Permits processed at Levels V (Zoning Administrator) through VI (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 determination, unless an appeal is filed. Permits processed at Level VII (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. Permits processed at Level VII (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 or deny projects are made by the appropriate approving body and may be appealed in accordance with the procedures in Article VI of this chapter. If an appeal is filed, an approval or denial shall not become effective until the appeal has been resolved. 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 Zone Appeal. When an appeal of a 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 13.10.355(A)(4), 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)    Applicability of Permits. So long as a parcel of land is subject to a valid existing permit, the entire approved site shall be retained for such permitted use, and no portion shall be severed therefrom or used for any other purpose unless a request for amendment of the permit is submitted to and approved by the appropriate body in accordance with this chapter.

(G)    Emergency Permits. Procedures for emergency permits are provided in the following chapters: Grading, SCCC 16.20.116, Emergency approvals; and Coastal Zone Regulations, SCCC 13.20.090, Emergency projects.

(H)    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 final action has occurred on any appeal. [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 Permit expiration.

(A)    Intent. The expiration date established pursuant to this section is imposed to permit the County to review prior development approvals with an opportunity to alter, revoke, or refuse to renew or extend the expiration date of plans 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)    Development Permit Expiration. A 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 development permit will run with the residential building permit allocation; or

(2)    The permit is renewed pursuant to SCCC 18.10.133; or

(3)    A longer or shorter time period is specified by conditions of the permit; or

(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 tentative map shall expire 24 months after its approval or conditional approval. The expiration of the approved or conditionally approved 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 tentative map shall be filed without first processing a new tentative map. An application for a renewal of a 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 a continuous period of one year, then without further action by the County, said permit shall become null and void. The property formerly subject to said permit shall be subject to all of the regulations of this chapter and other pertinent County ordinances.

(E)    Other Provisions. Development permits or building 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, except as may be provided by relevant provisions of State law, or give rise to an estoppel against the County. [Ord. 4044 § 2, 1990].

18.10.133 Permit renewal (time extensions).

(A)    Development Permits. A development permit may be renewed up to five times for an additional period of not to exceed one year at a time; provided, that an application to amend the permit 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 pursuant to Level IV (public notice) in compliance with this chapter. An application to amend a development permit by changing the expiration date may be approved or denied, or the conditions of the original permit 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 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 tentative 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 pursuant to Level VI (Planning Commission) for Minor Land Divisions and Subdivisions of five to 19 lots, and Level VII (Board of Supervisors) for subdivisions of 20 or more lots, except that the appeal period shall be 15 calendar days. When considering such requests, the approving body may add or modify any conditions of approval of the original tentative map.

(C)    Building Permits. Time extensions for building permits are subject to the regulations prescribed in SCCC 12.10.070(E).

(D)    Multiple Approvals or Permits. All time extensions for building permits shall require time extensions for other types of permits that are required to permit the work authorized under the building permit to be done and other such extensions shall be applied for, processed, and acted upon concurrently with the time extension for the building permit so as to require all permits to expire concurrently thereafter, all pursuant to SCCC 18.10.123. [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 amendment (project and plan changes).

(A)    Grounds for Amendment. Amendment to a 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 (without limitation) development permits and land division approvals.

(1)    Minor Variations. A minor variation is an amendment to a planning approval, including (without limitation) 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 either a modification of a design consideration, an improvement, or a condition of approval which was a matter of discussion at the public hearing at which the planning approval was granted.

(2)    Corrections. A correction is a change which corrects an error or omission in a planning approval which is not at variance with the decision of the approving body or not at variance with County ordinances or regulations, and which does not involve either a modification of a design consideration, an improvement, or a condition of approval which was a matter of discussion 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 either a modification of a design consideration, an improvement, or a condition of approval which was a matter of discussion 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, or modification shall be deemed a major amendment.

(C)    Procedures for Amendments.

(1)    Initiation. Except as otherwise provided herein, any amendment (including a minor variation, correction, 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 Level.

(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)    Level III for minor variations and corrections;

(ii)    The processing level for major amendments and modifications initiated by the current holder of the planning approval shall be the processing level applicable to the planning approval sought, and the processing level for major amendments or modifications initiated by the Planning Commission or the Board of Supervisors shall be Level VI or the processing level applicable to the planning approval to be amended, whichever is the higher level.

(b)    If the Board of Supervisors or the Planning Commission initiates any type of amendment, such Board or Commission may order that the processing level be at Level VI or VII rather than at the level established by subsection (C)(2)(a) of this section. Furthermore, all types of amendment decisions are subject to the appeal and special consideration provisions set forth in SCCC 18.10.310 through 18.10.360.

(c)    The provisions of SCCC 18.10.124 authorizing referral to the next higher level 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 in the event of a 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 decision maker authorized to make decisions at the level at which the original planning approval was granted.

(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 18.10.136 as to resolution of intention and notification to affected property owners. [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 made a final determination for denial of 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. 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 a resolution of intention adopted by either the Board of Supervisors or by the Planning Commission. Such resolution of intention shall provide notice 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 a resolution of intention is adopted, to initiate the revocation of any planning approval, the Planning Commission or Board of Supervisors shall set the matter for a hearing, giving notice of the time, place and level of the hearing as prescribed in SCCC 18.10.223. A copy of the resolution of intention 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 13.20.122(A)(4) (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. [Amended during 9/07 supplement; Ord. 4044 § 2, 1990].

18.10.140 Conformity with the General Plan and other legal requirements.* Amended Ord. 5239

(A)    All permits and approvals issued under this chapter shall be consistent with the provisions of the adopted County General Plan. Any proposed permit or approval which is not consistent 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. “Consistent with,” as used in this section, means that the permits and approvals must be in harmony with and compatible 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 second 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 (see SCCC 18.10.210(C)(1)). 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. 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 permits and approvals issued pursuant to this chapter shall be processed in accordance with County Environmental Review Guidelines and Rules and Regulations and with the California Environmental Quality Act and Guidelines as prescribed in Chapter 16.01 SCCC (environmental impact review). [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”).

(A)    Purpose. In certain instances the objectives of the General Plan/Local Coastal Program Land Use Plan and the County Code may be achieved by the development of planned units which do not conform in all respects with the land use regulations prescribed by the County Code. A planned unit development may include a combination of different dwelling and structure types and/or a variety of land uses, which complement each other and harmonize with existing and proposed land uses and structures in the vicinity. In order to provide locations for well-planned developments which conform with the objectives of the County Code although they deviate in certain respects from the underlying zone district and design review standards, the County Board of Supervisors may approve planned unit development permits, provided the developments comply with the regulations prescribed in this chapter and are consistent with the County General Plan/Local Coastal Program Land Use Plan.

(B)    Where Allowed. A planned unit development may be located in the R-1, RA, RR, or RM residential zoning districts, the VA, PA, C-1 or C-2 commercial zoning districts upon the granting of a planned unit development permit in accordance with the provisions of this chapter.

(C)    Permitted Uses. A planned unit development shall include only uses permitted either as permitted uses or conditional uses in the zoning district, General Plan or adopted village or town plan in which the planned unit development is located. [Ord. 5044 § 1, 2009; Ord. 4752 § 1, 2003; Ord. 4661 § 1, 2002].

18.10.181 Planned unit development—Permit applications.

A planned unit development permit is a type of development permit that is subject to all the same application processing requirements for development permits specified in this chapter, including the coastal development permit review process specified in Chapter 13.20 SCCC (Coastal Zone Regulations). As an application to be considered by the Board of Supervisors, an application for a planned unit development permit shall conform to the following specific requirements:

(A)    Contents. The application shall be accompanied by a development plan of the entire planned unit development that includes all of the required application submittal requirements of SCCC 18.10.210.

(B)    Development Standards. Any application for a planned unit development shall provide a written description of the proposed alternative development and design standards that would apply to the project (property). [Ord. 5182 § 18, 2014; Ord. 5044 § 2, 2009; Ord. 4752 § 2, 2003; Ord. 4661 § 2, 2002].

18.10.183 Planned unit development—Permit findings.

The Board of Supervisors may approve a planned unit development permit as applied for or in modified form if, on the basis of the application and evidence submitted, the Board of Supervisors makes the following findings in addition to the findings required by SCCC 18.10.230, and in addition to the findings required by SCCC 13.20.110 if located in the Coastal Zone:

(A)    Nonresidential and Mixed Use Projects.

(1)    That any nonresidential uses shall be appropriate in area, location and overall planning for the purpose intended, and that the design and development standards shall create a nonresidential environment of ongoing desirability and stability, and, where applicable, that adequate open space shall be provided;

(2)    That the combination of different structure types and the variety of uses in the development will complement each other and will harmonize with existing and proposed land uses, structures, and the natural environment in the vicinity;

(3)    That the permitted departures from the otherwise required development standards will provide specific benefits to the neighborhood and/or the community in which the planned unit development is located, and that such benefits are specified by the Board of Supervisors in connection with its approval of a planned unit development, and that any conditions required to achieve such benefits are incorporated into the project and made conditions of approval;

(4)    That the proposed development is consistent with the General Plan/Local Coastal Program Land Use Plan.

(B)    Residential Projects.

(1)    That any residential development shall contribute to the ongoing desirability and character of the surrounding neighborhood;

(2)    That the combination of different dwelling and/or structure types and the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses, structures, and the natural environment in the vicinity;

(3)    That the permitted departures from the otherwise required development standards will provide specific benefits to the neighborhood and/or the community in which the planned unit development is located, and that such benefits are specified by the Board of Supervisors in connection with its approval of a planned unit development, and that any conditions required to achieve such benefits are incorporated into the project and made conditions of approval;

(4)    That the proposed development is consistent with the General Plan/Local Coastal Program Land Use Plan. [Ord. 5044 § 3, 2009; Ord. 4752 § 3, 2003; Ord. 4661 § 3, 2002].

18.10.184 Planned unit development—Official action.

(A)    Action by Planning Commission. Following the noticed public hearing, the Planning Commission may deny the planned unit development, continue consideration of the planned unit development, or recommend approval of the planned unit development, with or without modification. Planning Commission action to approve a planned unit development shall be in the form of a resolution recommending that the Board of Supervisors approve the planned unit development, with or without modifications.

(B)    Appeals of the Action of the Planning Commission. If the Planning Commission denies a proposed planned unit development, its action shall be final unless the matter is considered upon appeal or special consideration by the Board of Supervisors as provided in SCCC 18.10.340 and 18.10.350, respectively. Appeals of planned unit developments, which include land division applications, shall also be subject to the procedures of SCCC 14.01.312.

(C)    Action of the Board of Supervisors. The Board of Supervisors shall schedule a public hearing to consider the recommendations of the Planning Commission regarding applications for a planned unit development. Notice of the public hearing shall be given pursuant to SCCC 18.10.223. Following the public hearing, the Board of Supervisors may deny the planned unit development, continue consideration of the planned unit development, or approve the planned unit development, with or without modification. Actions to approve the planned unit development shall, at a minimum, be by approval of a planned unit development permit and adoption of an ordinance amending Chapter 13.10 and/or 13.11 SCCC to establish specific zoning and site and design standards for the planned unit development.

(D)    Planned Unit Developments Approvals in the Coastal Zone. If any portion of a planned unit development is located in the Coastal Zone, then, in addition to the actions specified in subsection (C) of this section, an action to approve the planned unit development shall also include approval of a coastal development permit. The Board’s action on the coastal development permit shall not be considered final, and notice of the Board’s action on the coastal development permit shall not be transmitted to the Coastal Commission, unless and until: (1) the ordinance (specified in subsection (C) of this section) has been submitted to the Coastal Commission as a Local Coastal Program amendment; and (2) the Coastal Commission has certified the ordinance. In the event that the Coastal Commission’s certification of the required ordinance modifies the planned unit development that was approved by the Board, then the Board shall re-review the planned unit development permit and coastal development permit application and make any modifications to these permits that are necessary to ensure that they are in conformance with the certified ordinance. After the Board has made any necessary modifications to their action on the coastal development permit, the Board’s action on the coastal permit shall be considered final, and notice of said action shall be transmitted to the Coastal Commission.

(E)    Finality of Action on Planned Unit Development. No new application for a planned unit development permit shall be filed for the same or substantially the same use on the same or substantially the same property within one year after denial of same without the consent of the Board of Supervisors.

(F)    Expiration of a Planned Unit Development Ordinance. Each planned unit development ordinance adopted pursuant to subsections (C) and (D) of this section shall specify that all Chapter 13.10 or 13.11 SCCC text associated with it shall expire at the same time that the planned unit development permit and coastal development permit (if located in the Coastal Zone) expire or are denied, unless development pursuant to those permits has commenced by that time. This expiration requirement shall be noted directly in any certified Chapter 13.10 or 13.11 SCCC text associated with a planned unit development ordinance. [Ord. 5182 §§ 19, 20, 2014; Ord. 5044 § 4, 2009; Ord. 4752 § 4, 2003; Ord. 4661 § 4, 2002].

18.10.185 Planned unit development—Standards.

Any departure from strict conformance with County Code site and design standards that is granted through a planned unit development permit is a privilege. Departures from the otherwise required site and design standards or the standards found in Chapter 13.11 SCCC shall be described in the adopted planned unit development permit, and shall provide specific benefits to the neighborhood and/or the community in which the planned unit development is located. These benefits shall be in the form of the provision of enhanced resource protection, exceptional public amenities, design excellence, affordable housing, public viewshed preservation, and superior mixed use development, etc. Such benefits shall be specified by the Board of Supervisors in connection with its approval of a planned unit development, and any conditions required to achieve such benefits shall be incorporated into the project and made conditions of approval.

(A)    District Regulations. Development site and design standards shall be as prescribed by the adopted planned unit development.

(B)    Other Requirements. The following conditions shall also be required in planned unit developments:

(1)    No uses shall be permitted and no process, equipment or materials shall be employed which are found by the Planning Commission or the Board of Supervisors to be injurious to property located in the vicinity by reason of excessive odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibration, illumination, glare, unsightliness, or heavy truck traffic, or to involve any hazard of fire or explosion; and

(2)    All planned unit developments shall meet the requirements of Chapter 13.11 SCCC, Site, Architectural and Landscape Design Review, unless specifically amended by the planned unit development.

(C)    Other General Plan/Local Coastal Program and County Code Standards Not Suspended. Nothing in this section shall be read to allow variation to other standards not specified in subsections (A) and (B) of this section. All other standards that apply, including but not limited to General Plan/Local Coastal Program standards, standards contained in SCCC Title 16, and County Code standards designed to protect natural resources, riparian and wetland areas, sensitive habitats, agriculture, public viewsheds, and open space, either as found in SCCC Title 16 or in other provisions of the County Code, shall continue to apply. [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 permits and approvals 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 in order to make the required findings and as detailed in a list of required information handout maintained by the Planning Director. The following minimum information is required unless otherwise determined by the Planning Director:

(A)    Minor Projects (Excluding Building Permits). Processing Level I (no plans) through Level III (field visit) applications:

(1)    Applicant’s name, address, and telephone number. (Levels I—III.)

(2)    A statement of the applicant’s interest in the property (hereinafter called “subject property”) in connection with which the application is filed and evidence that the applicant is the owner or purchaser under contract of the premises involved, or is the owner of a leasehold interest, or has written permission of the owner to make application. (Levels I—III.)

(3)    Present owner’s name and address. (Levels I—III.)

(4)    Property location: the location of the premises (location map, street and nearest cross-street or other directions for locating the property); the street address if any; and the Assessor’s parcel number. (Levels I—III.)

(5)    Description of project, plans and specifications and preparer’s licensure certification: the project description shall be submitted, including significant details of the existing land use and proposed project and plans and specifications (as required by other applicable subsections hereof) containing sufficient information to enable any and all required findings to be made (Levels I—III). As appropriate, as a condition precedent to the issuance of any permit, such plans and specifications shall contain the signed statement (or signature and license number thereon) that the preparer is licensed under Chapter 3 of Division 3 of the California Business and Professions Code (or otherwise licensed in this State) to prepare such plans and specifications, together with proof thereof satisfactory to the County.

(6)    Copy of current deed, if appropriate. (Levels II—III.)

(7)    Copy of the appropriate Assessor’s parcel map, if appropriate. (Levels II—III.)

(B)    Regular Projects. Processing Level IV (public notice) and Level V (Zoning Administrator) applications:

(1)    Subsections (A)(1) through (A)(7) of this section. (Levels IV—V.)

(C)    Major Projects. Processing Level VI (Planning Commission) and Level VII (Board of Supervisors) applications:

(1)    Preliminary applications for review by the development review group (DRG) shall include subsections (A)(1) through (A)(7) of this section, plus conceptual drawings of the proposed project.

(2)    After initial review by the development review group (DRG), a full application shall be required including all materials specified in subsections (A) and (B) of this section, a plan line study if applicable, results of the neighborhood meeting required by SCCC 18.10.211, and any other materials required by the development review group or the Planning Director.

(D)    Building Permits. Building permit applications shall contain the information and materials required by the Planning Director pursuant to a current published list for projects at Levels V (Zoning Administrator) through VII (Board of Supervisors) and shall be made after all required policy amendment approvals have been obtained and all development and/or land division permits have been issued. A full set of construction plans shall not be submitted until the building permit application is made.

(E)    Projects Requiring Design Review as Enumerated in SCCC 13.11.040.

(1)    Subsections (A)(1) through (A)(5) and (A)(7) of this section.

(a)    Plot Plan. In addition to the submittal as described in subsection (A) of this section, the following is required: access to the site from adjacent rights-of-way, streets, and/or arterials; private and shared outdoor recreation spaces; service areas for uses such as mail delivery, recycling and garbage storage and pick up, aboveground utilities, loading and delivery; exterior lighting design; and any other site elements and spaces which would assist design review and evaluation of development.

(b)    Landscaping Plan. In addition to the submittal requirements listed in subsection (A) of this section, the following is required to be included as a part of the plot plan or as a separate landscape planting plan: location and identification of existing plants on site to remain and location and identification of proposed plants, keyed to a plant list which indicates botanical name, common name, size at planting and any special information regarding plant form, installation or maintenance. The plan shall identify the percentage of the landscape area planted in turf.

(2)    Statement of project concept, design goals, design constraints, and an explanation of the design approach taken.

(3)    Site Analysis Diagram. A site plan, drawn to scale, indicating all property lines; contiguous land uses and uses across the street from the proposed project site; location and species of trees greater than six inches diameter breast height, as defined in SCCC 16.34.030; sensitive habitats, as defined in SCCC 16.32.040; information about significant environmental influences, including views, solar potential, and wind direction; and structures and natural features having a visual or other significant relationship to the site.

(4)    Material and Color Sample Board. A complete inventory of proposed materials and colors displayed on an eight-and-one-half-inch by 11-inch or 11-inch by 14-inch board. Manufacturer’s drawings/photographs, shop drawings, or photographic examples from the built landscape are required to illustrate any special or custom design features. [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.

(A)    When Required.

(1)    For all development that requires discretionary approval at Level VI or VII, 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 300 feet of the exterior boundaries of the project parcel shall be notified. In the event that there are fewer than 10 separate parcels within 300 feet of the exterior boundaries of the property involved in the application, said 300-foot distance shall be extended in increments of 50 feet (e.g., 350, 400, 450) 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 applications will require new noticing and a second neighborhood meeting:

(a)    Submitted applications for which any of the following project modifications are proposed after the first neighborhood meeting:

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

(ii)    A change that necessitates a variance;

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

(iv)    A change that results in an intensification of use, as defined in SCCC 13.10.700-I.

(b)    Commercial development projects in Commercial Zone Districts (PA, CA, CT, C- 1, C-2 and C-4) for which a time period of 180 days or longer occurs between the first neighborhood meeting and the original scheduled hearing date.

(B)    Results. The results 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. [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. 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. (See also California Government Code Section 65941.) [Ord. 4818 § 5, 2006; Ord. 4774 § 5, 2004; Ord. 4044 § 2, 1990. Formerly 18.10.211].

Article V. Noticing Procedures

18.10.221 Level I through Level III (field visit)—Public listing.

A public list of building permits and development permits issued pursuant to Levels I (no plans) through III (field visit) shall be maintained by the Planning Department and shall be available for review by the public on request. [Ord. 4044 § 2, 1990].

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

(A)    Procedures. Public notice of pending action on a permit application pursuant to Level IV. Not less than 21 calendar days prior to the County taking action on a Level IV application, public notice 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 300 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. In the event that there are fewer than 10 separate parcels within 300 feet of the exterior boundaries of the property involved in the application, said 300-foot distance shall be extended in increments of 50 feet (e.g., 350, 400, 450) until owners of at least 10 properties have been notified by mail.

(2)    Posting 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.

(B)    Not less than 10 calendar days following the date of the United States Postal Service postmark on the notice of pending action mailed pursuant to subsection (A)(1) of this section, the notice of pending action shall be posted on the property in a conspicuous place.

(C)    Contents of Notice. The contents of the notice 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. [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.

(A)    Procedures. A public notice of all public hearings conducted pursuant to the issuance of permits and approvals at Levels V (Zoning Administrator) through VII (Board of Supervisors) shall be given in the following ways:

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

(2)    Posted on the property in a conspicuous place at least 10 calendar days prior to the hearing.

(3)    The County shall mail notices in the form of a postcard or letter not less than 10 calendar days prior to the public hearing to the applicant and to the owners of all property within 300 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. In the event that there are fewer than 10 separate parcels within 300 feet of the exterior boundaries of the property involved in the application, said 300-foot distance shall be extended in increments of 50 feet (e.g., 350, 400, 450) until owners of at least 10 properties have been notified by mail. The County shall also mail these notices to the Coastal Commission and to all persons who have requested to be on the mailing list for the subject development project or for coastal decisions within that jurisdiction.

(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.

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

(1)    Location of the proposed project;

(2)    Name of the applicant;

(3)    Description of the proposed use;

(4)    Title of the hearing officer or hearing body;

(5)    Date of the hearing;

(6)    Time of the hearing;

(7)    Location of the hearing;

(8)    How further information may be obtained;

(9)    Notices of pending applications for permits including Coastal Zone approval shall include a statement that the development is or is not appealable to the Coastal Commission, and the appeal process.

(C)    Alternative Noticing Procedure. If the number of persons or entities who would be notified in subsection (A) of this section is more than 1,000, or where a County initiated General Plan amendment affects the designation of a large area or number of parcels, or for public works projects initiated by public agencies which do not include rezonings, notice may be given by placing a display advertisement of at least one-eighth page in a newspaper having general circulation within the area affected by the proposed ordinance, policy or plan amendment, or project; or by including an insert with any generalized mailing sent by the County to property owners and residents affected by the proposal.

(D)    Alternative Notice Procedure for Coastal Approvals. When a development permit includes only a coastal approval for a project pursuant to Chapter 13.20 SCCC, and when the number of persons or entities who would be notified in subsection (A)(3) of this section is more than 200, the County may give notice by:

(1)    Increasing the posting requirement in subsection (A)(2) of this section to provide posting every 1,000 feet along an adjoining roadway; and

(2)    Placing a display advertisement of at least one-eighth page in a newspaper having general circulation within the area affected by the project.

(E)    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 continued to a specific date. Otherwise, the continued matter shall be noticed in the same manner as the original hearing.

(F)    Requests for Notice. The County shall send notice by first class mail to any person who has filed a written request with the Planning Department. Requests 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.

(G)    Notice to Other Jurisdictions.

(1)    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.

(2)    Public agencies shall be notified of public hearings on General Plan amendments pursuant to SCCC 13.01.080.

(3)    In the Coastal Zone, in addition to the Coastal Commission, public agencies shall be notified which, in the judgement of the Planning Director, have an interest in the project.

(H)    Recipients of Notice of Final Action. On or before the fifth business day following the final action by the approving body, a notice of the decision, including findings for approval and conditions (if any) and appeal information and deadline shall be mailed to the following persons and agencies:

(1)    The applicant;

(2)    The owner of the subject parcel;

(3)    All persons who have submitted a written request with a stamped addressed envelope for notification of the action on the specific permit;

(4)    In the Coastal Zone, the Coastal Commission;

(5)    Provide 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. [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.

For all development that requires review at Levels IV through VII, the applicant shall install a sign or signs on each site of the proposed development in accordance with this section.

(A)    Deadline for Placement. Any sign required by this chapter shall be placed no later than seven calendar days after the applicant for an approval for which a sign is required has been informed that the application will be determined to be complete when the sign is placed and placement is verified. The number of signs, size, and locations shall be approved in advance by the Planning Director. Sign specifications shall be provided by the Planning Department to the manufacturer of the sign for the applicant who will then install the sign. 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. Any sign 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 coroplast material. Other material may be used with the approval of the Planning Director. 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. Lettering shall as follows:

(1)    Letter style: Arial or similar standard typeface;

(2)    Letter size:

(a)    Two-inch bold capital letter for the header:

NOTICE OF PROPOSED DEVELOPMENT

(b)    One-inch bold capital letters for the project description,

(c)    One-inch upper and lower case for all other letters,

(d)    One-inch bold capital letters for the footer contact information with the applicant information on the left side and the County information on the right side:

FOR FURTHER INFORMATION CONTACT:

Applicant:

Project planner:

Applicant’s name

Planner’s name

Applicant’s phone number

Planner’s phone number

Applicant’s e-mail address

Planner’s e-mail address

(3)    Letter color shall be black;

(4)    Background color shall be white.

(D)    Information Required. Each sign shall include only the following factual information and shall be printed with legible black lettering on a white background:

(1)    Header;

(2)    Application number;

(3)    Description of proposed development on the site, including type of project, proposed use, number of units/lots, types of applications being processed and a description of each;

(4)    Footer with applicant’s name, address, phone number, and e-mail address if applicable, on the left side and the project planner’s name, address, phone number, and e-mail address on the right side;

(5)    Staff may require additional specific information be included in order to provide a useful notice.

(E)    The following modifications to a submitted application will require new noticing including new sign text:

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

(2)    A change that necessitates a variance;

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

(4)    A change that results in an intensification of use, as defined in SCCC 13.10.700-I.

(F)    Deadline for Sign Removal. Each sign shall be removed within 10 calendar days after the expiration of the final appeal period or the date on which a final appeal decision is effective. The applicant shall provide the project planner a completed, signed affidavit attesting that the sign has been removed in the time period allowed.

(G)    Failure to Provide Affidavit and/or Remove Sign. If the applicant fails to return the affidavit or if the sign is not removed within the time allowed, then the Planning Director shall record a notice of violation against the property. Additionally, no inspection signoff may occur nor shall any building permit be approved before removal of the sign and correction of the violation. [Ord. 4818 § 8, 2006; Ord. 4774 § 8, 2004].

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

In addition to the “Notice of Proposed Development” sign required in SCCC 18.10.224, for Level V—VII commercial development projects which include new building construction in Commercial Zone Districts (PA, CA, CT, C-1, C-2 and C-4), the applicant shall install a sign on the subject property depicting the proposed development in accordance with this section. Where appropriate, the Planning Director may also require the applicant to provide a project website where the current version of plans that have been submitted to the County are maintained and updated, and include the website address on the rendering sign.

(A)    Deadline for Placement. The rendering sign shall be placed no later than seven days after the applicant has been informed that sign installation is required. For projects exempt from environmental review, installation shall be required prior to the application being found complete. For projects requiring environmental review, the sign shall be installed before the draft negative declaration or EIR is released for public comment. The applicant shall submit a photograph to verify that the sign has been installed.

(B)    Location. The sign shall be installed on the subject property, at a location clearly visible from the primary right-of-way serving the property, and within 10 feet of the notice of proposed development sign. The sign shall be located so as not to interfere with vehicular line of sight distance.

(C)    Size and Material. The rendering sign shall be a minimum of three feet in height by two feet in width, and shall not exceed three feet in height by four feet in width. The sign shall be durable, rigid, weatherproof, and designed for exterior use; and may be constructed of wood, aluminum, or other material approved by the Planning Department. Sign images and lettering shall be printed on the sign, painted or otherwise rendered waterproof. The sign shall be installed securely on a post or posts in the ground. It is the responsibility of the applicant to maintain the sign in good condition until removal is required.

(D)    Layout, Lettering and Content.

(1)    Lettering. The font shall be a minimum of one inch, except where otherwise specified. The sign shall be white with black lettering.

(2)    Header. Two-inch bold capital letters reading “IMAGE OF PROPOSED DEVELOPMENT.” The application number shall be provided under the header.

(3)    Image. Project image shall be a three-dimensional architectural rendering or computer simulated graphic depicting the finished project, a minimum of 22 inches by 22 inches in size, and of sufficient detail to show the design, location, height, circulation and relationship to adjacent development. The image shall include outlines of buildings on adjacent parcels where applicable. A note shall be provided below the image reading “This image represents the applicant’s proposal and may change.”

(4)    Current Project Information. Provide a note reading, “For current project information and plans, contact the project applicant [name] at [phone number] or [email address].” When a project website is required, the website address shall also be provided.

(E)    Sign Removal. The rendering sign shall be removed in accordance with the SCCC 18.10.224(F), Deadline for Sign Removal. [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 findings listed below; no approval and no permit shall be issued unless the findings below can be made:

(A)    Development Permits. A copy of the findings made by the Planning Director shall be provided upon request for all development permits issued or denied pursuant to Levels I (no plans) through IV (public notice). 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 development permits issued or denied pursuant to Levels V (Zoning Administrator) through VII (Board of Supervisors). The findings are as follows:

(1)    That the proposed location of the project and the conditions under which it would be 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 result in inefficient or wasteful use of energy, and will not be materially injurious to properties or improvements in the vicinity.

(2)    That the proposed location of the project and the conditions under which it would be operated or maintained will be consistent with all pertinent County ordinances and the purpose of the zone district in which the site is located.

(3)    That the proposed use is consistent with all elements of the County General Plan and with any specific plan which has been adopted for the area.

(4)    That the proposed use will not overload utilities, and will not generate more than the acceptable level of traffic on the streets in the vicinity.

(5)    That the proposed project will complement and harmonize with the existing and proposed land uses in the vicinity and will be compatible with the physical design aspects, land use intensities, and dwelling unit densities of the neighborhood.

(B)    Parcel Approvals. 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 a certificate of compliance. The findings set forth in SCCC 14.01.107.4 are required to be made for approval of a lot line adjustment.

(C)    Ordinance and Policy Interpretations and Amendments. Findings shall be made in accordance with the following:

(1)    Zoning ordinance amendments and rezonings pursuant to Chapter 13.10 SCCC (Zoning Regulations), SCCC 13.10.215; zoning ordinance policy interpretations pursuant to SCCC 13.10.250.

(2)    General Plan amendment approvals pursuant to Chapter 13.01 SCCC (General Plan Administration), SCCC 13.01.090; General Plan interpretations pursuant to SCCC 13.01.050.

(3)    Specific plan approvals, amendments, and interpretations pursuant to SCCC 13.01.050 and 13.01.090.

(4)    Local Coastal Program amendments pursuant to Chapter 13.03 SCCC (Local Coastal Program Administration), SCCC 13.03.080 and 13.03.110.

(5)    Agricultural land type amendments pursuant to Chapter 16.50 SCCC.

(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. 4281 § 13, 1993; Ord. 4044 § 2, 1990].

18.10.240 Permit conditions.

(A)    Ability of the Approving Body to Attach Conditions. The approving body may grant, or recommend the granting of, permits or approvals upon such terms and conditions as the approving body deems necessary to ensure the adequate implementation of the project in compliance with all 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.

(4)    The execution of an agreement, to the extent allowed by law, by which the applicant, and his or her successor(s) in interest, agrees to:

(a)    Waive claims of liability against the County by applicant or his or her successor(s) in interest;

(b)    Defend, indemnify and hold the County harmless from claims of liability to third parties;

(c)    Provide insurance coverage adequate for any liability described in subsections (A) and (B) of this section.

(B)    Nonseparability of Conditions. All conditions of a permit shall be considered as conditions of all the concurrent 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 Coastal Zone approvals in the event of an appeal to the Coastal Commission.

(C)    Noncompliance with Permit Conditions. Any permit or 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 personnel salaries and benefits, legal fees and costs, and compensation to the landowner for acquiring 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 120 days 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)    Development Permit Agreement Condition. All development permits shall include a condition requiring an agreement not to convert any structure or building approved as part of the development 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 an 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 agreement has been recorded shall be furnished to the County prior to the granting of any building permit permitting construction on the property. [Ord. 5061 § 29, 2009; Ord. 4044 § 2, 1990].

Article VI. Appeal Procedures

18.10.310 General appeal procedures.

(A)    Building Permit Appeals. Building permits may be appealed pursuant to Chapter 12.12 SCCC (Building and Fire Code Appeals Board Procedures).

(B)    Development and Parcel Approval and Appeals of Policy Amendment Approvals. Development and parcel approval and policy amendment approvals may be appealed pursuant to SCCC 18.10.320 through 18.10.360.

(C)    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 his 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.

(D)    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 business day.

(E)    Appeal Fees. A filing fee, set by resolution of the Board of Supervisors, shall accompany the notice of appeal.

(F)    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. [Ord. 4818 § 9, 2006; Ord. 4281 § 12, 1993; Ord. 4075 § 5, 1990; Ord. 4044 § 2, 1990].

18.10.320 Appeals to Planning Director—From Level I through Level III (field visit).

(A)    Who May Appeal. Any decisions or actions of any staff person charged with the administration of this chapter may be administratively appealed to the Planning Director. Such an appeal may be initiated by the applicant by submitting a written request to the Planning Director within 14 calendar days of the decision.

(B)    Planning Director’s Action. The Planning Director shall commence consideration of every appeal filed pursuant to this section from acts or determinations at Levels I through III 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 60 calendar days of the submittal of the appeal, unless the appellant agrees, in writing, to a longer period. [Ord. 5119 § 48, 2012; Ord. 4500-C § 4, 1998; Ord. 4075 § 6, 1990; Ord. 4044 § 2, 1990].

18.10.324 Appeals to Zoning Administrator—From Level IV (public notice).

(A)    Who May Appeal. Any person whose interests are adversely affected by a Level IV decision or action 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 at Level IV, the Planning Director or designee shall schedule a hearing to occur before the Zoning Administrator or, if public concern or other circumstances warrant, 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. 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 he or she is 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 18.10.222. 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 on an appeal of a Level IV determination may appeal the decision to the Planning Commission. Level IV 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 regarding a Level IV determination may appeal the decision to the Board of Supervisors. Level IV appeals to Board of Supervisors shall be processed as prescribed by SCCC 18.10.340. [Ord. 5119 § 49, 2012].

18.10.330 Appeals to Planning Commission—From Level V (Zoning Administrator).

(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 at Level V, the Planning Director or designee shall schedule a hearing to occur before 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. 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 the appellant and the original applicant, if he or she is 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 18.10.224.

(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 (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. 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.

(A)    Notice. The Planning Commission shall hold a public hearing on each application for a planned unit development. Notice of said hearings shall be given as specified in SCCC 18.10.223.

(B)    Hearing Procedure. The Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission for its consideration. At the public hearing, the Commission shall review the application and the report, 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 prescribed in SCCC 18.10.183. [Ord. 4752 § 6, 2003; Ord. 4661 § 6, 2002].

18.10.340 Appeals to Board of Supervisors—From Level VI (PC).

(A)    Who May Appeal. Any person whose interests are adversely affected by any act or determination of the Planning Commission, or by the Agricultural Policy Advisory Commission, acting pursuant to Chapter 16.50 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 appeals 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 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, 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., of the County subdivision ordinance.

(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 he or she is 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 his or her 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 is convinced 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 alternate, 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 he or she is 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 18.10.224, and no neighborhood meeting regarding the appeal hearing shall be required pursuant to SCCC 18.10.211.

(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. Re-noticing 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. 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 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 alternately, 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, and shall be fully qualified on all matters. [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 Zone approval is filed with the Coastal Commission, the permit to which the Coastal Zone 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 permit approval 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. 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 in the following cases:

(1)    When information has been requested by the County to complete an application for a project (Levels I through V) and this information has not been submitted by the applicant within 60 days.

(2)    When information and/or fees have been requested to complete an application for a major project (Levels VI and VII) and this information and/or these fees have not been submitted by the applicant within 90 days.

(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, he or she 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. 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 13.03 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 or 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. [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].