Article V. - Permit Application Filing and Processing.


Sec. 11-12. - Permit authority.

The permit authority responsible for reviewing and making decisions on each type of permit application required by this chapter is identified by Table 11-4. Decisions of the permit authority approving or denying discretionary permit applications shall be subject to appeal and direct review pursuant to Article X of this chapter.

Table 11-4—Permit Authority

[TABLE BELOW]

Type of Permit Application Permit Authority
Agricultural Grading Agricultural Commissioner
Construction Grading Director of Permit and Resource Management
Agricultural Drainage Improvement Agricultural Commissioner
Construction Drainage Improvement Director of Permit and Resource Management
Vineyard and Orchard Site Development Agricultural Commissioner

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-13. - Permit application preparation and filing.

(a)   Pre-application Contact. A prospective applicant is encouraged to contact the permit authority before completing and filing a permit application to determine the information and materials required for application filing. The provision of information by the permit authority shall not be construed as a recommendation for either approval or denial of an application. Any failure by the permit authority to identify all required information and materials shall not constitute a waiver of those requirements.
(b)   Application Contents. Each permit application shall be filed with the permit authority on a county application form. The permit application shall include all required fees and/or deposits, and all plans and specifications, and other information, materials, and submittals required by the permit authority, including any reports and studies necessary to verify conformance with this chapter (e.g., hydrology study, hydraulic analysis, compaction report, geotechnical or soils report, liquefaction study, wetlands assessment, wetlands delineation).
(c)   Eligibility for Filing. A permit application may only be filed by the owner or authorized agent of the owner of the subject property, or other person with the written consent of the property owner.
(d)   Request for Relief From Standards. A permit application may include a request for relief from the standards in this chapter. The request shall state in writing each standard proposed to be varied, the proposed substitute measure, when it would apply, and its advantages. The permit authority may require additional information to evaluate the requested relief.
(e)   Ministerial Action—Exception. The board of supervisors hereby declares that the review of permit applications and the issuance of permits pursuant to this chapter shall be ministerial actions, except where the permit application includes a request pursuant to subsection (d) for relief from the standards in this chapter. This chapter shall be interpreted, administered, and construed in light of this legislative intent.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-14. - Application fees.

(a)   Fee Schedule. The board of supervisors shall establish a schedule of fees for the processing of permit applications.
(b)   Timing of Payment. No permit application shall be deemed complete, and processing shall not commence on any permit application until all required fees and/or deposits have been paid.
(c)   Refunds and Withdrawals. The required application fees cover county costs for staff time and the other activities involved in processing permit applications. Therefore, no refund due to disapproval or expiration shall be allowed. In the case of a withdrawal, the permit authority may refund up to 90 percent of the application fee prior to the commencement of plan review.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-15. - Initial permit application review.

The permit authority shall review each permit application for completeness and accuracy before it is accepted as complete and officially filed. The permit authority's determination of completeness shall be based on the permit authority's list of required application contents and any additional instructions provided the applicant in any pre-application contact.

(a)   Notification of Applicant When Permit Application is Incomplete. The permit authority shall inform the applicant in writing within thirty (30) days of filing when a permit application is incomplete. The letter shall specify the additional information required to make the permit application complete.
(b)   Expiration of Application. If an applicant fails to provide the additional information specified in the permit authority's letter providing notice of an incomplete permit application within one hundred twenty (120) days following the date of the letter, the permit application shall be deemed expired. The permit authority may grant one (1) ninety (90) day extension. After the expiration of a permit application, permit approval shall require the submittal of a new, complete permit application.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-16. - Environmental review.

After acceptance of a complete permit application, if the permit application includes a request pursuant to Section 11-13(d) for relief from the standards in this chapter, the proposed activity shall be reviewed as required by CEQA to determine the level of environmental processing required.

(Ord. No. 5891, § 7, 12-9-2008.)