Chapter 130.56 — SPECIFIC PLANS

This Chapter contains the procedures to implement the General Plan for a part of the area covered by the General Plan, as set forth in California Government Code Section 65450 et seq.

The Board shall have review authority of original jurisdiction for specific plan applications, after review and recommendation by the Commission in compliance with Chapters 130.50 (Application Filing and Processing) and 130.51 (General Application Procedures) above in this Article. The Board shall approve the specific plan by resolution or by ordinance. The approval of a specific plan is a discretionary project pursuant to CEQA.

The Board may adopt a proposed specific plan only if it finds that the plan:

A.

Is consistent with and implements the General Plan;

B.

Is consistent with any applicable airport land use plan, in compliance with Public Utilities Code Section 21676; and

C.

Will not have a significant effect on the environment or a statement of overriding consideration has been made for the proposed specific plan in compliance with the provisions of California Code of Regulations Section 15093 (CEQA Guidelines).

Sec. 130.56.040 - Contents of Specific Plan.

An applicant shall submit a proposed specific plan for review that includes the following detailed information in formats of text, diagrams, and maps, on an application form provided by the Department:

A.

A statement of the relationship of the specific plan to the General Plan;

B.

A site plan showing the distribution, location, and extent of uses proposed within the area covered by the specific plan;

C.

Identification of the proposed distribution, location, extent, and intensity of public and private infrastructure and facilities for transportation, sewage, storm water drainage, solid waste disposal, energy, education, fire protection, or other essential modes proposed to be located in the specific plan area to support the uses described within;

D.

Standards and criteria by which development will proceed within the specific plan area and standards for the conservation, development, and utilization of natural resources, where applicable;

E.

Implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the provisions of Subsections A through D, above in this Section.

After adoption of a specific plan, no local public works project, Development Plan Permit, tentative map, or parcel map may be approved, and no ordinance may be adopted or amended within the specific plan area unless it is consistent with the adopted specific plan.

An adopted specific plan may be amended through the same procedure set forth in this Chapter for the adoption of a specific plan.

CHAPTER 130.58. - DEVELOPMENT AGREEMENTS

This Chapter establishes procedures and requirements for the adoption and amendment of development agreements in compliance with California Government Code Section 65864 et seq. A development agreement provides assurances to an applicant of a development project that, upon approval, the project may proceed in accordance with the conditions placed upon it by the review authority, as well as with existing policies, rules, and regulations. Development agreements strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development.

Unless otherwise expressed in this Title, the provisions in this Chapter are the exclusive procedures and rules relating to development agreements and, in the event of conflict, these provisions shall prevail over any other provisions of this Title.

The Board shall have review authority of original jurisdiction for development agreement applications, based on the review and recommendation by the Commission in compliance with Chapters 130.50 (Application Filing and Processing) and 130.51

(General Application Procedures) above in this Article. The Board shall approve the development agreement by ordinance. The approval of a development agreement is a discretionary project pursuant to CEQA.

Sec. 130.58.040 - Findings Required.

The Board may approve the development agreement only if it finds that the agreement:

A.

Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan;

B.

Will not be detrimental to the health, safety, and welfare of persons residing in the immediate area or detrimental to the general welfare of the residents of the County as a whole;

C.

Will not adversely affect the orderly development of property or the preservation of property values;

D.

Is consistent with the provisions of California Government Code Sections 65864 through 65869.5; and

E.

If the development agreement includes a subdivision of 500 or more units, the agreement provides that there is sufficient water to serve any tentative map in compliance with California Government Code Section 66473.7.

Sec. 130.58.050 - Form of Agreement.

A.

The development agreement shall be in a form approved by County Counsel and shall contain the following:

1.

A legal description of the subject property;

2.

The allowed uses of the property;

3.

The density or intensity of use;

4.

The maximum height and size of proposed buildings;

5.

Provisions for reservation or dedication of land for public purposes; and

6.

The term of the agreement to a maximum of twenty years.

B.

The development agreement may include conditions, restrictions, and requirements for subsequent discretionary actions, provided they shall not prevent development of the land for the uses and density or intensity of development set forth in the agreement.

C.

The agreement may provide that construction will commence within a specified time and that the project, or any phase thereof, will be completed within a specified time.

Sec. 130.58.060 - Amendment, Cancellation, or Assignment.

A.

Either party may request an amendment or cancellation, in whole or in part, of any development agreement, either by procedures specifically set forth within the agreement or by the application process in compliance with Chapters 130.50 (Application Filing and Processing) and 130.51 ( General Application Procedures) above in this Article, on a form provided by the Department.

B.

An amendment or cancellation of the development agreement may occur upon mutual consent of the Board, the parties to the agreement, the qualified applicant(s) if different from the parties to the agreement, or as otherwise provided in the agreement.

C.

All assignments of the development agreement shall be subject to mutual agreement by all parties to the agreement, unless otherwise provided in the agreement. Any party to the agreement, excluding the County, may initiate a request for assignment. As part of the request for assignment, any amendments to the development agreement that may be required as a result of the assignment shall be identified.

Within ten days after the effective date of a development agreement or any amendment or cancellation thereof, the Clerk of the Board shall have the agreement, amendment, or cancellation notice recorded with the County Recorder.

A.

The Director shall review the development agreement not less than once every 12 months from its effective date for compliance with its terms and conditions.

B.

The Director shall begin the review proceedings by giving notice of the periodic review of the development agreement to each party to the agreement, excluding the County, and to each party entitled to notice in compliance with Section 130.51.050 (Public Notice) above in this Article.

C.

The Director shall conduct an investigation as to whether or not there has been good faith compliance and if it is found that there has not been such compliance a report with recommendations shall be filed with the Clerk of the Board.

D.

Upon receipt of the report, the Clerk of the Board shall place the matter on the Board's agenda for public hearing, subject to public notice requirements.

E.

If the Board finds and determines on the basis of substantial evidence that the applicant has complied in good faith with the terms and conditions of the agreement during the period under review, no further action is required. The burden of proof on this issue shall be on the applicant.

F.

If the Board determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Board may modify or terminate the agreement.

Sec. 130.58.090 - Rules, Regulations, and Official Policies.

Unless otherwise provided by the development agreement:

A.

The rules, regulations, and official policies of the County applicable to the development of the property that is subject to the development agreement, shall be those rules, regulations, and official policies in force at the time of the execution of the agreement.

B.

In subsequent actions on said property, the development agreement shall not prevent the County from applying new rules, regulations, or policies that do not conflict with those rules, regulations and policies in force at the time the agreement was executed.

C.

The development agreement shall not prevent the County from denying or conditionally approving any subsequent development project application on said property on the basis of such existing or new rules, regulations, and policies.

ARTICLE 6. - ZONING ORDINANCE ADMINISTRATION* CHAPTER 130.60. - ADMINISTRATIVE RESPONSIBILITIES

Sec. 130.60.010 - Planning Agency Established; Functions Defined.

This Chapter establishes a planning agency as provided by California Government Code Section 65100, comprised of the Board, the Commission, the Zoning Administrator, the Director and the Department. The planning agency shall perform all of the following functions:

A.

Prepare, periodically review, and revise, as necessary, the General Plan.

B.

Implement the General Plan through actions including but not limited to the administration of adopted community design standards, specific plans, and ordinances.

C.

Annually review the capital improvement program of the County and the public works projects of other local agencies for their consistency with the General Plan.

D.

Promote public interest, understanding, and comment on the general plan and regulations relating to it.

E.

Consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally concerning implementation of the General Plan.

F.

Promote the coordination of local plans and programs with the plans and programs of other public agencies.

G.

Perform other functions as provided by the Board, including conducting studies and preparing plans other than those required or authorized by California Government Code Title 7, Sections 65100, et seq.

H.

Determine the adequacy of Environmental Impact Reports and other special reports in compliance with the California Environmental Quality Act (CEQA) and Section 130.51.030 (Application Filing and Processing—Environmental Review) in Article 5 (Planning Permit Processing) of this Title.

————

*Editor's note—Ord. No. 5090, adopted Aug. 14, 2018, amended Title 130 in its entirety, with the exception of Article 9, to read as herein set out. Capitalization and expression of numbers in text have been unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. Amendments to said ordinance are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. For a detailed analysis and derivation of former Title 130, see the Code Comparative Table.

The Director shall have the responsibility and authority to direct the performance and responsibilities assigned by the Board in compliance with Title 2 (Administration and Personnel) of the County Code of Ordinances, which includes the administration and enforcement of the provisions of this Title. Except where otherwise provided by this Title, the aforementioned responsibilities of the Director may also be carried out by Department staff under the supervision of the Director, to include but not be limited to the following:

A.

Perform staff-level project review, with or without notice. For other discretionary applications, make recommendations of approval, conditional approval, or denial to the proper review authority under Table 130.50.030.A (Review Authority) in Article 5 (Planning Permit Procedures) of this Title.

B.

Make investigations and reports on the design and improvements of proposed subdivisions and other discretionary applications affecting the development of real property, and make or recommend imposition of requirements or conditions on these applications.

C.

Prepare documents for the implementation of State Planning and Land Use Law (California Government Code Section 65000 et seq.) and other miscellaneous planning related laws. These documents shall include administrative policies, procedures, ordinances, resolutions, and project application filing forms, information, and requirements, and other public information documents.

D.

Act as or appoint the Zoning Administrator for purposes of complying with California Government Code Section 65900 et seq.

Sec. 130.60.030 - Zoning Administrator.

The Director or a designee shall serve as the Zoning Administrator in compliance with Subsection 130.60.020.D (Director and Department) above in this Chapter, as follows:

A.

The Zoning Administrator shall serve as the hearing officer and is assigned the review authority of original jurisdiction to consider and approve or deny applications for development applications in compliance with Table 130.50.030.A (Review Authority) in Article 5 (Planning Permit Procedures) of this Title, parcel map applications under Title 120 (Subdivisions) of the County Code of Ordinances, and any other matter specifically provided by this Title. When the Zoning Administrator is a designee of the Director, that person shall also perform his/her other duties appropriate to the personnel title of the designee. The designee shall be subordinate and directly responsible to the Director and/or any intermediate supervisory staff in the performance of all duties except those of the Zoning Administrator. However, the designee shall not be subordinate to, nor under the direction or control of the Director when performing the duties of the Zoning Administrator.

B.

The Zoning Administrator may transfer original hearing jurisdiction to the Commission at his/her discretion when it is deemed necessary because of policy implications, unique or unusual circumstances, or the magnitude of a project.

The Commission, in compliance with Title 2 (Administration and Personnel) of the County Code of Ordinances, shall serve as the hearing body assigned to consider and approve or deny development applications under this Title and Title 120 (Subdivisions) of the County Code of Ordinances as either the review authority of original jurisdiction or on appeal, in compliance with Table 130.50.030.A (Review Authority) in Article 5 (Planning Permit Procedures) of this Title. The Commission shall serve as an advisory agency to the Board on legislative actions including zone changes and general plan amendments, and any other matter specifically provided by this Title.

The Board shall act as the review authority for land use applications that require a public hearing and legislative action, and for those that are referred or appealed to the Board in compliance with Table 130.50.030.A (Review Authority) in Article 5 (Planning Permit Procedures) of this Title.

A Technical Advisory Committee (TAC), as defined in Article 8 (Glossary: see "Technical Advisory Committee") of this Title, shall review all applications for discretionary permits and, within the scope of their regulatory authority, provide comments and requirements to the Department that are recommended for the development of the project. The Department shall schedule a meeting to review said comments and requirements with the applicant, in compliance with the following procedures:

A.

The TAC shall meet as soon as possible after the application has been deemed complete, in compliance with Subsection 130.51.020.F (Application Forms, Submittal Process, and Fees) in Article 5 (Planning Permit Procedures) of this Title. In more complex projects, the Department may determine that a meeting date is required prior to the application being deemed complete in order to provide more immediate direction to the applicant.

B.

Meetings shall be noticed concurrently with the initial consultation letter sent by the Department to those agencies having jurisdiction or interest in the project for their review and comments.

C.

The TAC meeting, as an advisory part of the permit process, is not open to the general public. The TAC meeting shall be open to the applicant and/or the applicant's agent and, at their discretion, anyone else involved in the project, such as project

managers, civil engineers, or environmental consultants.

Sec. 130.60.070 - Design Review Committee.

The Board may establish by resolution a design review committee to review and comment upon discretionary development applications within the boundaries of the design review district. The terms and arrangements for the committee shall be as follows:

A.

Composition. A design review committee shall consist of no fewer than three and not more than five members. County officials shall not be included. The members shall be selected and appointed by the Board, as follows:

1.

At least three members shall be residents and owners of property located within the district boundaries.

2.

When more than three members comprise the committee, up to two additional members may be owners of commercial property located within the district boundaries.

B.

Compensation. The appointed members of the design review committee shall serve without compensation and shall not be entitled to reimbursement of mileage or necessary expenses by the County.

C.

Appointment. The term of office of each member shall be four years or until the first appointment and qualification of their successor. The first members shall classify themselves by lot so that the term of office of two members is two years, and remaining members is three years. Members otherwise serve until the appointment and qualification of their successor. Any member, even though they serve for a term, may be removed by the Board at any time without cause. A vacancy may be filled only for the unexpired term. All vacancies on the committee shall be immediately reported to the Board.

D.

Officers. At the first meeting of the design review committee, and thereafter at the first meeting of each calendar year, the committee shall elect from its membership a chairman, vice chairman, and secretary, who shall hold office for a term of one year and until the election of their successors.

E.

Meetings. Meetings may be held on the call of the chairman or any two members when matters are referred for committee review in compliance with Subsection H (Powers and Duties of the Design Review Committee) below in this Section, by mailing notice of the time, place, and purpose of the meeting to each member at least seven days prior to the meeting. The meetings, including public notice of such meetings, shall conform to the requirements of California Government Code Section 54950 et seq.

F.

Quorum. The majority of the appointed committee members shall constitute a quorum for the transaction of business, which translates to two out of three sitting members, or three out of four or five sitting members.

G.

Lapse of Membership. For reasons including, but not limited to continued absence, a member of the design review committee may be removed from office without cause, by an order adopted by a majority vote of the Board declaring that office vacant.

H.

Powers and Duties of the Design Review Committee. The design review committee shall have the following duties and powers:

1.

Act in an advisory capacity to the Director, Commission, or Board with regard to providing review and comment on discretionary development applications for multi-unit residential, commercial, mixed-use, and industrial applications within their district boundaries.

2.

Provide recommendations to the Board and the Director regarding the adoption, improvement, or modification of design review procedures and standards.

3.

Review projects for consistency with any related adopted design guidelines, standards, and ordinances.

Sec. 130.60.080 - Floodplain Administrator.

The Director or a designee is appointed to administer, implement, and enforce the provisions of Chapter 130.32 (Flood Damage Prevention Ordinance) in Article 3 (Site Planning and Project Design Standards) of this Title by performing the duties and responsibilities under Section 130.32.040 (Administration) in Article 3 (Site Planning and Project Design Standards) of this Title.

CHAPTER 130.61. - NONCONFORMING USES, STRUCTURES, AND LOTS

Within the County there exist uses and structures that were lawfully established before the adoption of this Title, but which may be prohibited, regulated or restricted differently under the terms of this Title, as amended.

This Chapter specifies the manner in which these legal nonconforming uses and structures may be continued, and may be expanded under certain circumstances. It also establishes criteria by which such uses or structures may be abated or removed in an equitable, reasonable, and timely manner without infringing on the constitutional rights of property owners.

Sec. 130.61.020 - Continuation, Transfer, or Sale.

Change of ownership, tenancy or management of a legal nonconforming use, structure or lot shall not affect its legal nonconforming status, provided the specific use and intensity of use do not change, except as allowed in this Chapter.

Sec. 130.61.030 - Legal Nonconforming Structures.

A legal nonconforming structure may be continued and maintained as follows:

A.

A legal nonconforming structure may be restored if it is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy, up to its pre-damage size and placement. Construction shall be completed within three years if located within a Community Region or five years if located in the remaining unincorporated area of the County.

B.

A legal nonconforming structure or any part of it that is voluntarily destroyed or removed, may be rebuilt within the same footprint within three years if located within a Community Region or five years if located in the remaining unincorporated area of the County, or shall lose all nonconforming status for any part or parts affected and may not be reconstructed.

C.

A legal nonconforming structure may be repaired or altered, including structural alterations to bearing walls, columns, beams and girders, or may be increased in area or volume if the addition complies with this Title and the most recent County adopted Building Code.

D.

A legal nonconforming structure or accessory structure may be used or converted to any use that conforms to the zone district in which it is located and complies with the most recent County adopted Building Code. Such structure or accessory structure will not lose its nonconforming status if it has been vacant for any time.

E.

A structure considered non-conforming because it does not observe the required setbacks of the zone may be increased in area or volume, provided that the addition does not encroach further into the required setback.

A legal nonconforming use may be continued and maintained as follows:

A.

No increase in intensity or of the area, space, or volume occupied or devoted to a legal nonconforming use, except as allowed in this Chapter shall be allowed.

B.

A legal nonconforming use that has ceased or been abandoned for a continuous period of more than twelve consecutive months or more shall lose its nonconforming status, and the continued use of that property or structure shall conform to the regulations of the zone district in which it is located, except as allowed.

If the legal nonconforming use is cultivated agricultural land, the use shall not be considered abandoned if it is part of a managed agricultural operation where such land is planned for continued cultivation.

C.

If a legal nonconforming use involves the keeping of animals, then the number of animals, types of animals, minimum lot area for animals, or other standards for the keeping of animals not in conformance with the zone district in which they are located, may be continued until the owner or occupant removes them for a continuous period of more than twelve consecutive months or more.

D.

Additional uses are allowed on property that contains a legal nonconforming use provided those uses meet all requirements and regulations of the zone district in which they are located, and do not result in the nonconforming use expanding as restricted in this Chapter.

E.

If a legal nonconforming use is converted to a conforming use, no previous nonconforming use may be resumed.

F.

Repairs and alterations may be made to structures containing legal nonconforming uses, including structural alterations to bearing walls, columns, beams and girders, or an increase in area or volume. All work shall meet the requirements of the most recent County adopted Building Code.

G.

A structure containing a legal nonconforming use may be restored up to its pre-damaged size and density if it is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy. Reconstruction of the structure shall be allowed if the use is to be reestablished.

H.

A structure occupied by a legal non-conforming use that has ceased or been abandoned according to this Chapter may be allowed to be used for the same or less intensive use if the structure or structures cannot feasibly be used for any use consistent with the zone district in which it is located.

I.

A legal nonconforming use where no structure is involved may be restored up to its pre-damaged size and intensity if it is involuntarily damaged or destroyed. The use shall be reestablished within five years of the date of the damage.

Sec. 130.61.050 - Changes or Expansion of Legal Nonconforming Uses.

The Commission may allow changes or expansions to legal non-conforming uses as set forth by a Conditional Use Permit. Procedures adopted for Conditional Use Permits shall be consistent with Article 5 (Planning Permit Procedures) of this Title, and the findings in Subsection D below in this Section shall be made by the Commission prior to approval.

A.

A legal nonconforming use may be changed to another nonconforming use of the same or less intensive nature.

B.

A legal nonconforming use may be enlarged, expanded, or extended when such use is necessary due to economic market demands for the goods, products, or services provided.

C.

The time limits specified in this Chapter may be extended.

D.

The Commission shall make one or more of the following findings regarding changes or expansions to legal nonconforming uses:

1.

The proposed change or expansion of the legal nonconforming use is essential and/or desirable to the public convenience or welfare.

2.

The change or expansion of the nonconforming use will not have a negative impact on the surrounding conforming uses and the area overall.

3.

Other property where the use would be conforming is unavailable, either physically or economically, within the limits of the nearest similarly developed area(s).

4.

No other appropriate remedies are available to bring the use into conformance, including amending the zone or zoning ordinance text.

Sec. 130.61.060 - Legal Nonconforming Lots.

Nonconforming lots are those lots legally created in compliance with Chapter 120.76 (Certificate of Compliance) of Title 120 (Subdivisions) of the County Code of Ordinances that do not conform to the lot area and dimension standards for the zones in which they are located. Nonconforming lots shall be subject to the following:

A.

The uses allowed in the zone shall be allowed on a nonconforming lot.

B.

Development standards for the zone in which the lot is located, including setbacks, shall be applied to all development on the lot.

Sec. 130.61.070 - Structures and Uses Under Construction.

Any structure for which the County has issued a building permit that is still in effect, or any conforming use or building which was legally under construction before the effective date of any ordinance rendering the structure or use nonconforming, may be completed and used according to approved plans, specifications or permits as follows:

A.

For nonconforming uses, the use shall be commenced within two years of the effective date of the ordinance rendering such use nonconforming.

B.

For nonconforming structures, the construction shall be commenced within two years and completed within three years of the effective date of the ordinance rendering such structure nonconforming.

Sec. 130.61.080 - Determination of Abandonment—Nonconforming Use.

Any nonconforming use that is deemed by the Director to be discontinued or abandoned for a period in excess of twelve consecutive months shall cease, subject to the provisions in this chapter and the property owner shall have the burden of proof.

For purposes of calculating the twelve-month period, a use may be deemed discontinued or abandoned upon the occurrence of any of the following events:

1.

On the date when the use of the land is physically vacated or the date that existing structure(s) or facilities cease to be actively maintained, whichever comes first;

2.

On the date of termination of any lease or contract under which the nonconforming use has occupied the land;

3.

On the date a request for final reading of utility meters is made to the applicable utility districts.

If the nonconforming use is discontinued or abandoned for a period of more than twelve consecutive months, any subsequent use of land shall conform to the applicable standards and criteria specified by this Title for the Zone District in which such land is located.

Sec. 130.61.090 - Appeal of Determination of Abandoned Nonconforming Uses.

A determination of an abandoned nonconforming use may be appealed to the Commission. All appeal requests shall be submitted in writing on the approved appeal form within 20 business days from the date of notification by the County. All

appeals shall be submitted with the then current processing fee, as established by resolution of the Board.

All appeal requests shall include at minimum a detailed description of all positive action(s) taken to maintain the nonconforming use during the time when the use was deemed by the Director to be discontinued or abandoned. During review of the appeal, the Commission shall:

1.

Find that the nonconforming use may continue subject to the provisions of this Chapter; or

2.

Find that the nonconforming use has been abandoned pursuant to this Chapter.

Sec. 130.61.100 - Restoration of Abandoned Nonconforming Uses.

Restoration of an abandoned nonconforming uses may be allowed by Administrative Permit pursuant to standards for approval in Article 5 (Planning Permit Processing) of this Title. In addition to standard requirements, the Director shall also make the following five additional findings:

1.

Positive action(s) will be taken to resume the nonconforming use within a reasonable period;

2.

The nature and character of proposed structure(s) are substantially the same as that for which the structure(s) were originally designed;

3.

There is no material difference in the quality, character or degree of use;

4.

The proposed use will not adversely affect the other uses allowed by right in the Zone Districts of adjacent parcels; and

5.

The nonconforming use will not be detrimental to the public health, safety or welfare or be injurious to the neighborhood.

If in the opinion of the Director, restoration of the abandoned nonconforming use could contain potentially significant environmental impacts subject to CEQA or if the above findings cannot be made, a Conditional Use Permit (CUP) shall be required from the Commission pursuant to Article 5 (Planning Permit Processing) of this Title to consider restoration of the nonconforming use.

Nothing contained within this Chapter shall be construed to allow a legal nonconforming use to be conducted in such a way as to constitute a public or private nuisance, or a danger to the public health, safety and welfare.