§ 85.01.030 Authority for Land Use and Zoning Decisions.

   Table 85-1 (Review Authority) identifies the County official or authority responsible for reviewing and making initial decisions on each type of application or land use entitlement required by this Development Code, the nature of the initial decision (i.e. issue, approve, or recommend), and the nature of the response of the subsequent review authority.

Table 85-1
Review Authority
Type of Entitlement or Decision	Applicable Citation	Director(1) (2)	Planning Commission(3)	Board of Supervisors(4)
ABC Licensing	Ch. 85.04	Issue	Appeal(5)	Appeal
Adult Business Regulatory Permit	Ch. 84.21	Recommend	Approve	Appeal
Amendments (General Plan, Development Code, Community Plan, and Area Plan)	Ch. 86.12	Recommend	Recommend	Approve
Airport Comprehensive Land Use Plan and Amendments	Ch. 86.11	Recommend	Recommend	Approve
Certificates of Land Use Compliance	Ch. 85.05	Issue	Appeal	Appeal
Conditional Use Permits	Ch. 85.06	Recommend	Approve/ Recommend	Approve/Appeal
Development Agreements and Amendments	Ch. 86.13	Recommend	Recommend	Approve
Home Occupation Permits	Ch. 84.12	Approve	Appeal	–
Housing Incentives Program(6)	Ch. 83.03	Recommend	Recommend	Approve
Interpretations	Ch. 81.02	Issue	Appeal	Appeal
Major Variances	Ch. 85.17	Approve	Appeal	–
Minor Use Permits	Ch. 85.06	Approve	Appeal	Appeal
Minor Variances	Ch. 85.17	Approve	Appeal	–
Planned Development Permits	Ch. 85.10	Recommend(10)	Recommend	Approve
Revisions to an Approved Actions	Ch. 85.12	Approve	Appeal	Appeal
Sign Permits	Ch. 85.13	Issue	Appeal	Appeal
Sign Registration	Ch. 85.13	Issue(8)	Appeal	Appeal
Site Plan Permits	Ch. 85.08	Issue	Appeal	–
Special Use Permits	Ch. 85.14	Issue(7 or 8)	Appeal	Appeal
Specific Plans and Amendments	Ch. 85.14	Recommend	Recommend	Approve
Subdivision Sign Location Plans	Ch. 85.13	Issue(8)	Appeal	—
Surface Mining & Reclamation	Ch. 85.06	Recommend	Approve	Appeal
Temporary Special Event Permits	Ch. 85.15	Approve	Appeal	Appeal
Temporary Use Permits	Ch. 85.15	Issue(7 or 8)	Appeal	Appeal
Tenant Improvement Permits	Ch. 85.09	Issue(7)	Appeal	Appeal
Wind Energy Systems Permit	Ch. 85.18	Approve	Appeal	—
Notes:
(1)   The Director may defer action and refer any permit or approval application to the Commission for final determination.
(2)   All decisions of the Director are appealable to Commission, and then to the Board, in compliance with Division 11, Article 6 (Appeals), except for those decisions addressed in Note (3).
(3)   The Commission may refer consideration of an appeal to the Board, except for those decisions involving only a Variance, determination as to the completeness of an application, the determination to approve or deny a Home Occupation Permit, an Accessory Wind Energy Permit, a Subdivision Sign Location Plan, or the requirement for preparation of an Environmental Impact Report (EIR). In these instances the Commission’s decision shall be the final and conclusive decision. The Board will not accept nor consider an appeal of these Commission decisions.
(4)   All decisions of the Board are final.
(5)   “Recommend” means that the review authority makes a recommendation to a higher review authority; “Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier review authority, in compliance with Division 11, Chapter 8 (Appeals).
(6)   The Housing Incentives Program application shall only be filed concurrently with one of the following applications: Conditional Use Permit, Tentative Parcel Map, Tentative Tract, or Planned Development Permit.
(7)   Issued by the Building Official.
(8)   Issued by Code Enforcement.
(9)   Concurrent processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or disapproved by the highest review authority designated by this Development Code for any of the required applications (e.g., a project with applications for both a Zoning Map amendment and a Conditional Use Permit shall have both applications decided by the Board, instead of the Commission acting on the Conditional Use Permit as otherwise provided by Table 85-1 [Review Authority]).
(10)   Initial review by the Development Review Committee is required in compliance with § 85.10.040(a).

 

(Ord. 4011, passed - -2007; Am. Ord. 4239, passed - -2014)