§ 17.92.050. Administrative permits.

An administrative permit may be approved for any of the uses for which administrative permits are required by this division, as set forth herein.

A.

An application for an administrative permit shall be made in writing on a form prescribed by the director of resource management, and shall be accompanied by the following:

1.

A clear and concise description of the use and accompanying activities;

2.

Plans, maps or other documents showing the details of the proposed use, buildings or facilities; and

3.

Information demonstrating compliance with the criteria applicable to the proposed use.

B.

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the planning department. Failure of any applicant to respond, within thirty days of mailing, to any notice that the application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the administrative permit application and no further action shall be taken upon it.

C.

All applications shall be reviewed by county staff. The report of county staff, including any recommended conditions of approval, shall be forwarded to the director of resource management prior to the director's decision on the application.

D.

The director of resource management shall consider approval of the application after the application is accepted as complete.

1.

If the director determines that the proposed use appears to meet all criteria applicable to the proposed use, the director shall provide notice of the proposed approval. The notice shall include a general explanation of the matter being considered, a general description of the area to be affected, and a deadline for submitting written comments on the application. The notice shall be given by publication, as required by Government Code Section 65090, and by mail, as required by Government Code Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the application. The board of supervisors may, by resolution, provide for additional notice. The director shall consider any comments received in determining whether all applicable criteria are met.

2.

If the director of resource management determines that the proposed use does not meet all criteria applicable to the proposed use, the director shall deny the application.

3.

The director of resource management may refer any administrative permit proposal to the planning commission for a decision when it is determined that the nature of the project, or the existence of a policy question, requires such referral. If a decision to approve or deny the permit application requires the exercise of substantial discretion, then the application shall be referred to the planning commission for a decision following a noticed public hearing. The planning division may require the payment of an additional fee to cover the cost of such referral, as established by the board of supervisors.

E.

The granting of any administrative permit may be conditioned upon the dedication of land or the posting of a bond to guarantee the installation of public improvements, provided the dedication or public improvements are reasonably related to the use for which the administrative permit is granted.

F.

Any administrative permit granted under this section may be limited to a term set when the administrative permit is granted. The establishment, maintenance or operation of any use under this section shall cease at the end of the term, if any, of the administrative permit. No administrative permit granted under this section may be renewed, but a new administrative permit may be granted upon terms and conditions appropriate at the time of such grant.

G.

Any interested person may appeal the decision of the director of resource management to the planning commission. The decision of the planning commission may be appealed to the board of supervisors. Such appeals shall follow the same procedures applicable to variance and use permit appeals.

H.

Every administrative permit issued under this section is revocable. Whenever the director of resource management determines that one or more grounds exist for revocation of an administrative permit, the planning commission may set the matter for hearing before it by resolution of intention to revoke the administrative permit. The provisions of this title governing the revocation and abandonment of variances and use permits and all references to use permits in those provisions shall be deemed to be references to administrative permits.

I.

Every administrative permit expires and is automatically null and void without further action by the county if the activity or use for which the administrative permit was granted has not been actively and substantially commenced within two years of the date of its approval, or the date the approval was affirmed or the disapproval was reversed on appeal.

J.

The director of resource management may extend the time for commencement of the use or activity when the administrative permit is approved, or during the two years following approval or affirmation of approval of the administrative permit, if an application for an extension of time is made to the planning department prior to expiration of the administrative permit. The decision on an application for an extension of time is ministerial and a public hearing on the application is not required. An extension of time shall be approved if the permittee shows reasonable cause for the extension. Reasonable cause exists if the applicant shows that circumstances beyond his control have prevented him from taking sufficient action. The decision on an application may be appealed to the planning commission under the provisions of Section 17.92.030, but a public hearing is not required on the appeal.

K.

The time limitations imposed under subsections I and J of this section shall not include any period during which litigation is actively pursued challenging the validity of the approval of an administrative permit.

L.

The holder of an administrative permit may surrender it to the planning department at any time and thereafter shall cease to engage in, operate or maintain the use.

M.

For the purposes of this section, the terms "director of resource management" and "director" shall mean the director of resource management or designees.

(Ord. 95-3 § 100, 1995; prior code § 5.05.050)