§ 88-24.614. Discretionary approval of land use permit application.

(a)

Notice of Complete Application. The county will notify the applicant that the application is complete or incomplete. A notice of incomplete application will describe the additional information required to complete the application.

(b)

Discretionary approval of application and issuance of land use permit. The zoning administrator will approve an application and issue a land use permit under this chapter if it makes the findings required by Section 26-2.2008, and finds all of the following:

(1)

The application is complete.

(2)

Either:

(A)

The facility or substantial change will meet the requirements of this chapter; or

(B)

Federal law requires approval of a land use permit for the facility or substantial change.

(3)

The facility or substantial change has been reviewed pursuant to all appropriate environmental laws and regulations, including the California Environmental Quality Act.

(4)

If an environmental impact report or mitigated negative declaration was prepared for the facility or substantial change, the facility or substantial change will incorporate all mitigation measures identified in either of those documents. Each mitigation measure will be included as a term of the permit.

(5)

If the county airport land use commission reviewed and commented on the application, the facility or substantial change will incorporate each mitigation measure recommended by the commission and deemed by the zoning administrator to be necessary to protect public safety, health, and welfare. Each mitigation measure will be included as a term of the permit.

(6)

The applicant has provided the financial assurance required by this chapter.

(7)

The applicant has paid all required fees and costs, including but not limited to the application fee, any required environmental review fee, and any required peer review fee.

(c)

Denial of Applications. If the zoning administrator denies an application for a permit, the applicant may appeal the denial pursuant to Article 26-2.24.

(d)

Judicial Review of Denial of Personal Wireless Service Facility Permit. For a permit application for a personal wireless service facility, after exhausting its appeals to each division of the planning agency, and within thirty days after receiving the last decision sustaining denial of the permit application, the applicant may seek judicial review of the denial in any court having jurisdiction over the denial, or seek relief from the Federal Communications Commission, as provided by Title 47, United States Code, section 332, subdivision (c)(7)(B)(v).

(Ord. No. 2016-11, § II, 5-24-16)