Laserfiche WebLink
of Adjustments on August 8, 1988 in the Fred Mensing appeal case**, <br />is that provisions in Sections 23.1 and 23.2 of the old site plan <br />ordinance give staff the right and responsibility to ensure that <br />submittals are not accepted until they are complete enough to <br />review and contain the information necessary for review. Section <br />23.1(e)(2) states that the planning. and development director <br />"...shall coordinate the review of the [site plan] application.", <br />and shall notify the applicant "...should any [application] errors, <br />omissions or deficiencies be identified". Subsequently, this <br />section states that: <br />"Each department shall review the application and submit all <br />comments in writing to the planning and development division. <br />Complete applications and comments shall be assembled and <br />forwarded to the technical review committee". <br />Thus, the TRC is not to consider an application until a complete <br />application is assembled. <br />[**Note: the Mensing case centered around the issue of whether or <br />not staff could reject an application for review if a submittal <br />requirement, such as submittal of homestead verification was not <br />satisfied.] <br />Section 23.2 establishes site plan submittal requirements. Section <br />23.2(a) states that the purpose of the section is: <br />"...to ensure that all site plan applications include <br />sufficient information for local officials to ensure <br />compliance with applicable county regulations." <br />Thus, it is the expressed intent of the ordinance to ensure that <br />the site plan submittal includes all necessary information and <br />complies with all county requirements. <br />Issue #2: Application Rejection Due to Incomplete Submittal (lack <br />of complete environmental survey). <br />Staff contends that the application was incomplete due to lack of <br />a complete- environmental survey. The appellant contends that <br />Section 23.3(f)(1)(a) was improperly interpreted as an application <br />requirement, since that section is listed as a "review standard" <br />and not as "required application information" which is covered in <br />another section, 23.2. It is the appellant's position that all <br />necessary information was submitted to the County. According to <br />the appellant, the county made an error in requiring submittal of <br />an environmental survey as part of the application. Thus, the <br />appellant contends that the "incomplete submittal" determination <br />was based upon an error. <br />Staff's position is that both the Comprehensive Plan (adoption and <br />effective date February 13, 1990) and sections 23.3(f)(1)(a) and <br />23.2(a) of the old site plan ordinance required an environmental <br />survey to be part of any submittal request to develop property <br />(such as the subject property) designated as environmentally <br />sensitive on the future land use map. Coastal Management Element <br />Policy 1.4 requires an environmental survey to be submitted with <br />any application to develop the subject property (designated as <br />environmentally sensitive), and states the following: <br />"Policy 1.4: The county shall require an environmental <br />survey prior to submittal of applications for development <br />in environmentally sensitive and environmentally <br />important areas. The focus of these surveys should <br />identify existing natural vegetation,, drainage, <br />elevations and significant resources such as wetlands, <br />mosquito impoundments, sand ridges, and historic sites, <br />as applicable." <br />FEB 5 1991 <br />17 <br />