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Upon receipt of an application for a permit or variance, the application shall be processed by the Community Development Services Department as follows:

6.1 APPLICATION CHECK

6.1.1The Department shall review all applications for development permits or variances for completeness and accuracy before the applications are accepted and officially filed as complete. (Former Section CZ#A315-6(C)(1))

6.1.2The application shall be deemed complete and accepted unless the Department finds that the application is not complete and sends the applicant notification of such finding by mail within thirty (30) calendar days after receipt of the application. If the application is determined to be incomplete, the Department shall specify those parts of the application which are incomplete and shall indicate what is required for them to be considered complete. (Former Section CZ#A315-6(C)(1); Amended by Ord. 2214, 6/6/00; See also, Government Code Sec. 65943)

6.1.3During Application Check, the Department shall refer copies of the application to any County department, Design Review Committee, State or Federal agency, or other individual or group that the Department believes may have relevant authority or expertise. Along with the referral, the Department shall include notification that, if the Department does not receive a response within ten (10) working days, the Department will assume that no recommendations or comments are forthcoming. It should be noted that, even if responses are not received within the requested time limit, Federal and State law may require consideration of the comments. (Former Section CZ#A315-6(C)(1); Amended by Ord. 2214, 6/6/00)

6.1.4Where the Department has determined that an application is incomplete, and where the applicant believes that the information requested by the Department to complete the application is not required by this division, the applicant may request, in writing, that the application be processed to the designated Hearing Officer as submitted. Upon receipt of such written request, the Department shall schedule the application for a hearing before the Hearing Officer within 30 working days. (Former Section CZ#A315- 6(C)(1); Amended by Ord. 2214, 6/6/00)

6.1.5If the application is not completed by the applicant within six (6) months after original receipt of the application, it will be deemed withdrawn. A new application may be made subject to the filing of fees in accordance with subsection 312-5.2, Application Form and Filing Fee. (Former Section CZ#A315-6(C)(1))

6.2 PROJECT REVIEW

6.2.1Upon acceptance of an application as complete, the Director, or designee, shall complete an environmental review of the project, as required by the California Environmental Quality Act (CEQA), and shall study the project for conformance with all applicable requirements of these regulations. (Former Section CZ#A315-6(C)(2))

6.2.2The Director, or designee, may refer relevant portions of the completed application to those departments, agencies or individuals who received copies of the application during the application check (see, subsection 312-6.1, Application Check), or other individual/group that the Department believes may have relevant authority or expertise. (Former Section CZ#A315-6(C)(2); Amended by Ord. 2214, 6/6/00)

6.2.3The Director, or designee, shall prepare a written report with findings and evidence in support thereof. (Former Section CZ#A315-6(C)(2))

6.3 PUBLIC REVIEW

Following project review, the written report prepared by the Director, or designee, shall be mailed or delivered to the Hearing Officer and the applicant. Public notice shall be given in accordance with Section 312-8, Public Notice Procedures. Public hearings shall be held as required by Section 312-9, Public Hearing Requirements and Authorized Hearing Officer. (Former Section CZ#A315-6(C)(3))

6.3.1Applications for accessory dwelling units (ADUs) generally do not require a public hearing, but may require a coastal development permit if within the Coastal Zone. In the Coastal Zone, notice of an application for a coastal development permit for an ADU, where no public hearing is required, must be given in accordance with Sections 312-8.1 and 8.2.

6.4 PUBLIC HEARING: EVIDENCE

6.4.1At the Public Hearing, the Hearing Officer shall receive pertinent evidence concerning the permit or variance, particularly evidence about the Findings required by this Code. (See, Section 312-17, Required Findings.) (Former Section INL#317-24, 317-34, 317-40.5; Ord. 946, Sec. 4, 10/2/73; Added by Ord. 1726, Sec. 4, 3/4/86; Amended by Ord. 2214, 6/6/00)

6.4.2The applicant shall have the burden of establishing all facts necessary to make the required Findings. (Former Section INL#317-24, 317-34, 317-40.5; Ord. 946, Sec. 4, 10/2/73; Added by Ord. 1726, Sec. 4, 3/4/86)

6.4.3The Hearing may be continued from time to time but shall be concluded within a reasonable period of time. (Former Section INL#317-25, 317-35; Ord. 1007, Sec. 1, 11/9/76; Amended by Ord. 1418, Sec. 1, Sec. 2, 8/26/80)

6.5 PROJECT APPROVAL

6.5.1Following public review, the Hearing Officer shall approve, conditionally approve, or deny the proposed project in accordance with the particular requirements of this Code as they apply to the project, and in accordance with the required findings of this Code. (See, Sections 312-17, Required Findings, and Sections 312-18 through 312-49, Supplemental Findings.) The Hearing Officer’s decision shall be expressed in writing. (Former Section INL#317-25, 317-35, 317-40.6; CZ#A315-6(C)(4); Ord. 1007, Sec. 1, 11/9/76; Amended by Ord. 1418, Sec. 1, Sec. 2, 8/26/80; added by Ord. 1726, Sec. 4, 3/4/86; Amended by Ord. 2214, 6/6/00)

6.5.2If the Hearing Officer does not grant or deny the permit or variance within thirty (30) working days of the conclusion of the hearing, it shall be deemed to be denied on that date. The decision of the Hearing Officer on all permits and variances shall become final ten (10) working days from the date of the decision, unless an appeal has been filed within that time. Appeals on subdivisions that require a Coastal Development Permit shall be filed within 10 calendar days of the decision of the Hearing Officer. (Former Section INL#317-25, 317-35, 317-40.6; CZ#A315-6(C)(4); Ord. 1007, Sec. 1, 11/9/76; Amended by Ord. 1418, Sec. 1, Sec. 2, 8/26/80; added by Ord. 1726, Sec. 4, 3/4/86; Amended by Ord. 2214, 6/6/00)

6.5.3Decisions of the Hearing Officer may be appealed to the Board of Supervisors in accordance with the appeal procedures of Section 312-13. (Former Section CZ#A315- 6(C)(4))

6.5.4The Community Development Services Department shall notify all appellants, prior to filing, that the Board of Supervisors will not hear appeals of the Planning Commission’s or Zoning Administrator’s decision if said appellant has not given written or oral testimony at the Planning Commission or the Zoning Administrator’s hearing level. (From Hearing Policy adopted by the Humboldt County Board of Supervisors, 6/16/81; Added by Ord. 2214, 6/6/00)

6.6 ISSUANCE OF PERMIT OR VARIANCE

6.6.1Development permits and variances shall be issued by the Department upon compliance with all general regulations applicable to the permitted development and all conditions that may have been imposed on the project. (Former Section CZ#A315-6(C)(5))

6.6.2No development permit or variance shall be issued until the Department has received written certification (from all applicable jurisdictional agencies) that the development for which the permit or variance is sought complies with the applicable rules, policies and standards of their respective jurisdiction. (Former Section CZ#A315-6(C)(5))

6.7 NOTICE OF FINAL ACTION

Notice of final action on an application for a permit or variance shall be given as follows: (Former Section CZ#A315-13(A-E))

6.7.1Notice shall be provided within five (5) working days of the Hearing Officer’s action. (Former Section CZ#A315-13(A-E); Amended by Ord. 2214, 6/6/00)

6.7.2Notice shall be provided by first class mail to:

6.7.2.1The Applicant;

6.7.2.2Any person who specifically requested, in writing, notice of such final action;

6.7.2.3For development proposed within the coastal zone, the Coastal Commission.

6.7.3The notice shall include the following information:

6.7.3.1Written findings;

6.7.3.2Conditions of approval;

6.7.3.3Procedures for appeal if applicable. (Ord. 2717, § 2, 6/27/2023)