San Luis Obispo County Grand Jury • 2015-2016

Minor USE Permits: an Oxymoron1

Published: May 26, 2016 38 pages
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Findings and Recommendations 10 findings

F1
The General Plan, which governs the issuance of Minor Use Permits, is complex, outdated, and contains over 140 “Band-Aid” amendments.
Related Recommendations (1)
R1
The Board of Supervisors should fund the update of the 1980 General Plan; incorporating appropriate amendments and make it easily accessible using an electronic search.
F2
There is no difference in state requirements for notification for any MUP, regardless of project size, cost, or impact.
No recommendations for this finding
F3
The notification does not require project levels (Tiers I, II, and III) to be designated. This denies the public the opportunity to determine the scope of the project.
Related Recommendations (1)
R2
An estimated project cost should be required on the application to assist the public in evaluating the project’s impact.
F4
San Luis Obispo County may provide more notification than state requirements.
No recommendations for this finding
F5
Projects with potentially significant environmental and social impacts can get placed on the consent agenda, get overlooked and pass easily.
Related Recommendations (1)
R4
Tier III MUP projects should mandate a public hearing and not go on the Planning Department’s consent agenda.
F6
Notification to the public on Tier III projects is often inadequate. a) Mailing notification of a project using only the state mandated information may not provide the recipient with enough information to understand the scope of a proposed project or activity. b) Newspaper legal notifications are published in a format which is difficult to notice, read and understand. c) The Department’s website includes detailed information, however, the actual parcel or project number is needed to be able to identify the project.
Related Recommendations (2)
R2
An estimated project cost should be required on the application to assist the public in evaluating the project’s impact.
R5
The Department should increase public notification above what is required by the State of California as the MUP tier levels increase as follows: a) The fee tier level and estimated cost of the project should be on the mailer to allow the public to gauge the scope of the project. b) The distribution area of the mailer should be appropriately increased in accordance with the tier level. c) The type size of the newspaper notice should be increased in accordance with the tier level. d) On-site signage containing the project information should be reinstated. e) The applicant should be charged for all costs. REQUIRED RESPONSES The Board of Supervisors and the Chief Administrative Officer is required to respond to recommendations 1 through 5. The Department is required to respond to recommendations 2, 3, 4 and 5. The responses shall be submitted to the Presiding Judge of the San Luis Obispo County Superior Court. Please provide a paper copy and an electronic version of all responses to the Grand Jury. Presiding Judge Grand Jury Presiding Judge Barry T. LaBarbera San Luis Obispo County Grand Jury Superior Court of California P.O. Box 4910 1035 Palm Street Room 355 San Luis Obispo, CA 93403 San Luis Obispo, CA 93408 Exhibit A Exhibit B Exhibit C Exhibit D
F7
At the discretion of the Department, additional notification - such as larger type size or more frequent ads in the newspaper can be used, however it is unclear how, when and why that discretion is exercised.
No recommendations for this finding
F8
Government agencies are notified at the discretion of the Department without clear-cut guidelines.
No recommendations for this finding
F9
Diverse projects, such as a small deck on a house, a vacation rental, a public event, or a multi-home development require a MUP. F10 It is unclear if MUP filing fees cover the entire costs to the County for processing applications. RECOMMENDATIONS
No recommendations for this finding
F10
It is unclear if MUP filing fees cover the entire costs to the County for processing applications.
Related Recommendations (1)
R3
The Board of Supervisors should direct the Department to ensure MUP fees cover all costs of the application process.

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.

San Luis Obispo County County