Chapter 31- Director Review
31.010 Director Review permit.
31.020 Director Review permit with notice.
31.030 Findings.
31.040 Director action.
31.050 Notice of decision.
31.060 Effect of decision.
31.070 Termination.
31.080 Extensions.
31.090 Revocation.
31.010 Director Review permit.
This procedure allows the Director to issue a permit for planning projects without the delay and expense of a public hearing as long as the project is exempt from CEQA, and is not controversial or environmentally sensitive.
When reviewing a request for Director Review, the Director may require that the applicant submit in such form and type as the Director may specify, additional information as may be deemed relevant to the application.
If the Director determines during the application review that the project is controversial, is environmentally sensitive, or is not Categorically Exempt from CEQA, then a use permit shall be required per Chapter 32.
31.020 Director Review permit with notice.
Unless the matter has been referred to the Planning Commission per the provisions of 31.010, it shall be the responsibility of the Director to determine if the application warrants notice to contiguous property owners (see Noticing Requirements, Chapter 46). Notice shall be given when the application may have an impact upon contiguous property owners and/or public agencies.
The notice shall be given after filing of application and after determination by the Director that the information submitted by the applicant is sufficient to consider the matter. The notice shall include a brief description of the project and specify the duration of the comment and response period.
The notice shall be designed to ensure that affected parties, including the Planning Commission, are aware of the pending application and are given a chance to comment prior to the Director’s rendering a decision. Such notice shall also state the procedure to obtain a copy of the Director's decision.
31.030 Findings.
In order to issue a Director Review permit, the Director must find that all of the following are true:
- All applicable provisions of Land Use Designations and Land Development Regulations are complied with, and the site of the proposed use is adequate in size and shape to accommodate the use and to accommodate all yards, walls and fences, parking, loading, landscaping and other required features;
- The site for the proposed use relates to streets and highways adequate in width and type to carry the quantity and kind of traffic generated by the proposed use;
- The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located;
- The proposed use is consistent with the map and text of this General Plan and any applicable area plan;
- That the improvements as indicated on the development plan are consistent with all adopted standards and policies as set forth in the Land Development Regulations, this General Plan and any applicable area plan; and
- That the project is exempt from CEQA.
31.040 Director action.
The Director, based upon available information, shall in writing, grant, grant in modified form, or deny the requested use, or determine that a use permit will be required.
31.050 Notice of decision.
The Director shall give written notice of the decision to the applicant and engineer, Planning Commission and any other person, so requesting in writing, a copy of the notice of decision. The notice of decision shall set forth the procedure for filing appeals, specify any conditions of the permit, and include a summary of the Director's findings.
31.060 Effect of decision.
The Director Review permit shall become effective 15 days following the issuance of the Director's decision. During the 15-day period, an appeal may be filed in accordance with Chapter 47. If an appeal is filed, the permit will not be issued until the appeal is considered and a decision is rendered by the Planning Commission.
31.070 Termination.
A Director Review shall terminate and all rights granted therein shall lapse, and the property affected thereby shall be subject to all the provisions and regulations applicable to the land use designation in which such property is classified at the time of such abandonment, when any of the following occur:
- There is a failure to commence the exercise of such rights, as determined by the Director, within two years from the date of approval thereof or as specified in the conditions. Exercise of rights shall mean substantial construction or physical alteration of property in reliance with the terms of the Director Review;
- There is discontinuance for a continuous period of one year, as determined by the Director, of the exercise of the rights granted; or
- No extension is granted as provided in Section 31.080.
31.080 Extensions.
If there is a failure to exercise the rights of the Director Review within two years (or as specified in the conditions) of the date of approval, the applicant may apply for an extension for an additional one year. Any request for extension shall be filed at least 60 days prior to the date of expiration and shall be accompanied by the appropriate fee. Upon receipt of the request for extension, the Planning Division shall review the application to determine the extent of review necessary. Conditions of approval for the Director Review may be modified or expanded, including revision of the proposal, if deemed necessary. The Planning Division may also deny the request for extension. Exception to this provision is permitted for those Director Reviews approved concurrently with a tentative parcel or tract map; in those cases the approval period(s) shall be the same as for the tentative map.
31.090 Revocation.
The Commission may revoke the rights granted by a Director Review and the property affected thereby shall be subject to all of the provisions and regulations of the Land Use Designations and Land Development Regulations applicable as of the effective date of revocation. Such revocation shall include the failure to comply with any condition contained in the Director Review or the violation by the owner or tenant of any provision pertaining to the premises for which such Director Review was granted. Before revocation of any permit, the Commission shall hold a hearing thereon after giving written notice thereof to the permittee at least 10 days in advance of such hearing. The decision of the Commission may be appealed to the Board of Supervisors in accordance with Chapter 47, Appeals, and shall be accompanied by an appropriate filing fee.
