Chapter 130.63 — AMENDMENTS AND ZONE CHANGES

This Chapter provides for amendments to this Title by changing either its provisions or the zone designation applicable to a parcel(s) through the respective text amendment or zone change application process.

Sec. 130.63.020 - Ordinance Amendments and Zone Change Applications.

A.

The text amendment process may be initiated by one of the following:

1.

By application of the owner(s) of the property for which the text change is sought;

2.

Resolution of intention of the Board; or

3.

Resolution of intention of the Commission.

B.

A zone change application may be initiated by one of the following:

1.

The owner(s) of the property for which the zone change is sought;

2.

Resolution of intention of the Board; or

3.

Resolution of intention of the Commission.

C.

Following the filing of an application, or adoption of a resolution of intention of the Board or Commission as provided for in Subsections A or B above in this Section, and the completion of the application requirements, environmental review, and noticing procedures as provided for in Chapter 130.51 (General Application Procedures) in Article 5 (Planning Permit Procedures) of this Title, the Commission shall hold a public hearing on the request. The Commission shall make a report of its findings and a recommendation to the Board on the proposed text or zone change amendment.

D.

Where a zone change amendment to a higher density or intensity zone is being proposed, the Commission and the Board shall consider the criteria identified in General Plan Policy 2.2.5.3, including, but not limited to, consistency with the General Plan as to minimum parcel size or maximum density, availability of adequate infrastructure and support services for the increased land use demands, and compatibility with surrounding land uses.

E.

Following the hearing by the Commission, the Board shall hold a public hearing on the request. The Board may approve, modify, or disapprove the recommendation of the Commission, in part or in whole, provided the Board finds that the proposed text or zone change amendment is consistent with the General Plan. Any substantial modification to the proposed request made by the Board that was not previously considered by the Commission shall be referred back to the Commission for further findings and recommendation on that specific modification.

F.

A text or zone change amendment shall become effective on the 30th day following the adoption of an ordinance by the Board.

Sec. 130.63.030 - General Plan and Specific Plan Amendments.

Amendments to the General Plan or any adopted specific plan, hereinafter referred to as "Plan amendments", shall be processed in the same manner as amendments to this Title in compliance with California Government Code Section 65358, except that the Plan amendments, if approved by the Board, shall be adopted by resolution rather than ordinance. A Plan amendment shall become effective on the 30th day following the adoption of a resolution by the Board.

CHAPTER 130.65. - COVENANT OF EASEMENT

Sec. 130.65.010 - Applicability.

In compliance with California Government Code Section 65870 et seq., a Covenant of Easement in favor of the County, may be required to achieve the use goals of the County as a condition of approval by the review authority to provide for open space, emergency access, ingress and egress, landscaping, parking, or light and air access to provide for solar and wind energy generation.

Sec. 130.65.020 - Form of Covenant.

The form of the Covenant shall include the following, where applicable, subject to approval by County Counsel:

A.

A description of the real property that is subject to the easement and the real property to be benefited by the easement;

B.

The approval, permit, or designation granted, which relied upon or required the Covenant; and

C.

The purpose(s) of the easement.

Sec. 130.65.030 - Effect of the Covenant.

A Covenant of Easement shall become effective upon recordation in the County Recorder's Office, as executed by the owner(s) of the real property. Upon recordation:

A.

The Covenant shall act as an easement in compliance with Civil Code Section 801 et seq., except that it shall not merge into any other interest in the real property.

B.

The Covenant shall be enforceable by all successors-in-interest to the real property benefited by the Covenant in compliance with Civil Code Section 1104.

C.

Notice of the Covenant shall be imparted to all persons to the extent afforded by the recording laws of the State.

Sec. 130.65.040 - Release of Covenant.

A Covenant of Easement may be released by the Director acting as Zoning Administrator in compliance with Section

130.60.030 (Zoning Administrator) above in this Article, at the request of any person, whether or not that person has title to the real property, by the following process:

A.

A noticed public hearing shall be conducted in compliance with Subsection 130.51.051.C (Notice Requirements and Procedure) in Article 5 (Planning Permit Processing) of this Title.

B.

Prior to approving the request, findings shall be made that the Covenant on the property is no longer necessary to achieve the land use goals of the County.

C.

A notice of the release of the Covenant of Easement shall be recorded by the Director in the County Recorder's Office, in compliance with Section 130.54.020 (Effective Date of Permit Approvals) in Article 5 (Planning Permit Processing) of this Title.

Nothing in this Section creates standing in any person, other than the County and owner(s) of the real property burdened or benefited by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.

CHAPTER 130.67. - CODE ENFORCEMENT

This Chapter contains provisions to ensure compliance with the requirements of this Title and any conditions of permit approval.

Sec. 130.67.020 - Conformance by County Officials.

All departments, officials, and employees of the County that are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title and all other ordinances and shall issue no permit or license for uses, buildings, or purposes where they would be in conflict with the provisions of this Title.

It shall be the duty of the Director to administer the provisions of this Title in compliance with Chapter 9.02 (Code Enforcement) of Title 9 (Public Peace, Morals and Welfare) of the County Code of Ordinances. The Director shall be aided in this enforcement responsibility by the officers and authorized representatives of the County agencies, departments, and offices charged with the responsibility of administering, implementing, and ensuring compliance with the provisions of this Title.

Sec. 130.67.040 - Abatement of Nuisance and Penalty for Violation.

Any structure erected, constructed, altered, enlarged, converted, moved, or maintained, or any land or structure that is used contrary to either the provisions of this Title or any condition of approval imposed through discretionary authorization, shall be declared unlawful and be subject to the provisions of Chapter 9.02 (Code Enforcement) of Title 9 (Public Peace, Morals and Welfare) of the County Code. Any act or omission made unlawful under this Title shall also include abetting, aiding, allowing, causing, or permitting the act or omission.

Where a structure or use of a lot is not in compliance with the provisions of this Title, no subsequent permit shall be issued by the County for any other structure or use on the same lot until such time as the illegal structure or use is brought into compliance or otherwise abated, except where such a permit would bring the illegal structure or use into compliance.

The remedies provided for in this Chapter shall be cumulative and not exclusive.

Sec. 130.67.070 - Investigation Fee.

Upon determination that a violation of the provisions of this Title has occurred, the property owner shall be liable for the costs incurred by County staff for investigation and enforcement, as set forth in the adopted fee resolution, as may be amended from time to time.

CHAPTER 130.68. - POST-DISASTER REBUILDING

This Chapter contains regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared by the Board. This Chapter allows modifications to some sections of this Title but does not allow exemptions from any health and safety requirements.

The provisions of this Chapter, including the relaxation of development standards, are not applicable to structures located in a designated hazard area, such as special flood hazard, dam failure inundation, and avalanche hazard areas, or in any mapped area established by separate action of the Board or other authorized official, as a moratorium area due to hazards to health and safety caused by the disaster, which require in-depth study before allowing rebuilding of any kind.

The provisions of this Chapter are applicable for a period of 180 days following each disaster for which a local emergency has been declared by the Board. The Board may extend the provisions as necessary.

Sec. 130.68.040 - General Provisions.

A.

Structures illegally constructed or uses illegally established before the disaster shall not be reconstructed or reestablished.

B.

Nonconforming structures shall be subject to the requirements under Section 130.61.030 (Legal Nonconforming Structures) above in this Article.

C.

Where the provisions of this Chapter do not conform to other provisions of this Title, the provisions of this Chapter shall prevail.

Sec. 130.68.050 - Modifications of the Provisions of this Title.

Whether or not the processing of building permit applications (hereinafter referred to as "application") is expedited based on either direction from the Board or Director's determination, the following modifications to the provisions of this Title shall be allowed, as follows:

A.

Application Requirements. In order to be eligible for modifications of the provisions of this Title and expedited application processing, when allowed, an application shall meet all of the following criteria:

1.

The application shall be for the reconstruction or repair of damage caused by the disaster;

2.

The application shall have been filed after the occurrence of the disaster;

The application site is not within a designated hazard area; and

4.

The application does not violate applicable county, state, or federal law.

B.

Submittal Information Required. The County may require evidence that the previous use or structure existed prior to the disaster, including but not limited to: aerial photos, copies of building permits, County Assessor's records, original construction plans, photographs, property deeds, reports/studies, and surveys. Evidence that the damage to the structure was the result of the disaster may also be required.

C.

Conforming Structures and Uses.

1.

Submittal of previously approved site and building plans shall be allowed for the in-kind reconstruction of conforming structures in all zones. Where no previously approved plans are available for review or when alteration or expansion of conforming structures are being proposed, reconstruction will be subject to the standard site and building plan requirements for an application.

2.

Conforming structures occupied by conforming uses which are subject to a discretionary permit, to include but not be limited to a Conditional/Minor Use Permit, Variance, or Design Review Permit, may be reconstructed subject to previously approved site and building plans, with review by staff to ensure compliance with the discretionary permit. In the case where an approved site plan is not available for review, the property owner shall obtain issuance of an Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title, to ensure compliance with the discretionary permit and all applicable development standards for the zone.

D.

Temporary Structures. Temporary mobile homes or recreational vehicles may be placed on any site made uninhabitable by disaster until such time as permanent structures can be completed, in compliance with time limits under Section 130.68.030 (Applicability) above in this Chapter, as follows:

1.

Residential Housing. Temporary residential use of mobile homes or recreational vehicles shall be allowed on the lot where a residential unit(s) is made uninhabitable by the disaster in compliance with Subsection 130.40.190.B.2 (Mobile/Manufactured Homes: Temporary While Constructing) in Article 4 (Specific Use Regulations) of this Title. One temporary mobile home or recreational vehicle for each unit previously located on the property may be installed after issuance of a temporary occupancy permit, which may be issued prior to issuance of the reconstruction permit(s).

2.

Non-residential Uses. Temporary mobile homes or recreational vehicles for non-residential uses, either singly or in groups, shall be allowed in any zone except residential zones and on the same lot as the damaged or destroyed structure, subject to the issuance of a temporary occupancy permit in compliance with Section 130.40.190 (Mobile/Manufactured Homes) in Article 4 (Specific Use Regulations) of this Title.

Exception to Development Standards. Under a temporary occupancy permit, development standards for the zone, such as setbacks, may be modified so that placement of the temporary mobile home or recreational vehicle will allow for unobstructed reconstruction on the site, providing said placement does not have an adverse impact on public health and safety.

All applications and permits approved under the provisions of this Chapter are exempt from the requirements of CEQA in compliance with Public Resources Code Sections 21080(b)(2—3) and 21172, and Section 15269 of the CEQA Guidelines.

Sec. 130.68.070 - Appeals.

All decisions provided for in this Chapter shall be appealable in compliance with Chapter 130.52.090 (Appeals) in Article 5 (Planning Permit Processing) of this Title.