El Dorado County Municipal Code § 130.52.070 Variance

An Administrative Permit is required in cases where limited review of a proposed structure or use through the site plan review process is necessary to verify compliance with established standards adopted to ensure compatibility with adjacent uses and availability of public services and infrastructure. The Administrative Permit shall also be used for the processing of administrative relief or waiver requests in compliance with Subsection B (Administrative Relief of Waiver) below in this Section or to establish the legal nonconforming status of a use or structure in compliance with Chapter 130.61 (Nonconforming Uses, Structures, and Lots) in Article 6 (Zoning Ordinance Administration) of this Title.

The issuance of an Administrative Permit shall be a ministerial project pursuant to the California Environmental Quality Act (CEQA).

A. Administrative Permit.

1. Review Authority and Procedure. The Director shall be the review authority of original jurisdiction for Administrative Permits, except that the Agricultural Commissioner shall be the review authority of original jurisdiction for Administrative Permits issued under Chapter 130.44 (Ranch Marketing) and for Administrative Permits for special events issued under Section 130.40.400 (Wineries). The Agricultural Commissioner shall have all the powers of the Director regarding the review of Administrative Permits and shall comply with all provisions of this Title and this Code that the Director would have to comply with, and all references to the "Director" or "Department" in this Title regarding the review of Administrative Permits shall include the Agricultural Commissioner or the County Agricultural Department, as applicable. The procedure shall be staff-level without public notice, except where Specific Use Regulations in Article 4 (Specific Use Regulations) of this Title provide for public notice.

2. Standards for Approval. An Administrative Permit shall comply with the following standards:

a. The structure(s) or use(s) are in compliance with the applicable zone provisions, standards or requirements of this Title, any applicable specific plans, or any other regulations adopted by the County through ordinance or resolution; and

b. The structure(s) and use(s) are in compliance with requirements and conditions of previously approved entitlements, such as Minor and Conditional Use Permits, or variances, if applicable.

B. Administrative Relief or Waiver.

1. Review Authority and Procedure. The Director shall be the review authority of original jurisdiction. The procedure shall be staff-level with public notice as described below. The Director may grant administrative relief or waiver from the standards set forth in this Title of up to the limits set forth in the applicable sections, or ten percent of the area or dimension, whichever is greater, subject to the following procedures:

a. After submittal of a complete application, the Department shall notify all adjacent property owners by mail of the proposed request;

b. A period of ten working days shall be provided to the adjacent property owners to comment on the proposed request;

c. If an objection is received during the comment period, the Director shall not approve the proposed request, and elevate the review to the Zoning Administrator or Commission;

2. Administrative relief or waiver requests may be approved if in compliance with the following standards:

a. The proposed reduction does not exceed the limits set forth in this Chapter;

b. There are no objections from any adjacent property owner; and

c. The proposed relief will not be detrimental to the public health, safety, and welfare, or injurious to the neighborhood.

3. A Variance application shall be required for consideration of a reduction in development standards if any of the standards for administrative relief or waiver set forth in Subsection B.2, above in this Section, cannot be met.

4. Administrative relief and waivers of agricultural setbacks beyond the scope of the Director's authority are referred to the Ag Commission for consideration and approval. The Ag Commission decision may be appealed to the Board.

(Ord. No. 5177, § 10, 6-20-2023; Ord. No. 5218, § 10, 12-10-2024)

A. Applicability.

1. Minor Use Permit. A Minor Use Permit is a process for reviewing uses and activities that are typically compatible with other allowed uses within a zone, but due to their nature require consideration of site design and adjacent uses. Minor Use Permits provide for a discretionary review of minor projects or uses that are allowed, but do not meet the standards for administrative review. Unless the Department makes the following determination, the project will be processed as a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) below in this Chapter:

a. The project incorporates standards or conditions that are capable of mitigating potentially significant environmental impacts to a level less than significant or determined to be exempt from CEQA.

B. Review Authority and CEQA.

1. Minor Use Permit. The Zoning Administrator shall have review authority of original jurisdiction for a Minor Use Permit. The approval of a Minor Use Permit is a discretionary project pursuant to CEQA, and public notice and hearing is required.

C. Specific Findings for Minor Use Permits. In addition to findings of consistency with the requirements and standards of this Title, the review authority shall make the following findings before approving a Minor Use Permit application:

1. The proposed use is consistent with the General Plan;

2. The proposed use would not be detrimental to the public health, safety and welfare, or injurious to the neighborhood; and

3. The proposed use is specifically allowed by a minor use permit pursuant to this Title.

A. Applicability.

1. Conditional Use Permit. A Conditional Use Permit is a process for reviewing uses and activities that may be appropriate in the applicable zone but the potential for effects on the site and surroundings cannot be determined without a site specific review.

B. Review Authority and CEQA.

1. Conditional Use Permit. The Zoning Administrator or the Commission shall have review authority of original jurisdiction for Conditional Use Permit applications. The determination of the review authority shall be made by the Director based on the nature of the application, and the policy issues raised by the project. The approval of a Conditional Use Permit is a discretionary project and is subject to the requirements and procedures of CEQA.

C. Specific Findings for Conditional Use Permits. In addition to findings of consistency with the requirements and standards of this Title, the review authority shall make the following findings before approving a Conditional Use Permit application:

1. The proposed use is consistent with the General Plan; and

2. The proposed use would not be detrimental to the public health, safety and welfare, or injurious to the neighborhood; and

3. The proposed use is specifically allowed by a conditional use permit pursuant to this Title.

D. If there is any single use that triggers the need for a Conditional Use Permit, the Conditional Use Permit will include and address, as long as it remains active, all existing and subsequent uses allowed by discretionary permit.

A. Applicability. The Design Review Permit process is established in specific areas of the County to ensure compatibility with historical, scenic, or community design criteria. This process is applied only to commercial, industrial, mixed-use, and multi-unit residential projects in the following areas:

1. Meyers Area Plan.

2. Land adjacent to or visible from designated State Scenic Highway Corridors.

3. Other areas where the Design Review-Community (-DC), Historic (-DH), or Scenic Corridor (-DS) Combining Zones have been applied.

4. Mixed use development projects in Community Regions that deviate from the Mixed Use Design Manual (adopted by the Board on December 15, 2015 and reformatted on April 24, 2018 (Resolution 197-2015) or adopted community design standards for a specific Community Region.

B. Review Authority, Procedure, and CEQA. The Director shall have the review authority of original jurisdiction for all projects that require a Design Review Permit with the exception of projects that are adjacent to or visible from designated state scenic highway corridors. The procedure shall be staff-level with public notice. The Commission shall have the review authority of original jurisdiction for those projects that are adjacent to or visible from designated state scenic highway corridors. The adoption and implementation of Interim Design Standards and Guidelines is exempt from CEQA under Sections 15061(b)(3), 15305, 15308, and 15378 of the CEQA Guidelines. Therefore, until such time as permanent Design Standards and Guidelines are adopted for Community Regions and Rural Centers, County design oversight and CEQA conformance shall consist of the following:

1. Projects that qualify for state streamlined, ministerial review are considered ministerial, for purposes of CEQA, if designed consistent with the Interim Objective Design Standards (IODS) (Resolution 215-2024).

2. Multifamily, mixed-use and commercial projects not subject to a Design Review Permit or other discretionary approvals are also considered ministerial for purposes of CEQA, if designed consistent with the Interim Design Standards and Guidelines for Multifamily, Mixed-Use and Commercial Projects (IDSG) (Resolution 214-2024).

3. Approval of a Design Review Permit, where required, shall be a discretionary project pursuant to CEQA. Projects that are adjacent to or visible from designated state scenic highway corridors as referenced in subsection 130.52.030.A.2 and located outside of Community Regions and Rural Centers shall be encouraged to comply with the standards and guidelines found in the IDSG.

4. Any multifamily, mixed-use or commercial project that deviates from the requirements of IDSG (e.g. projects proposing an alternate architectural style or an architectural style not allowed in a project's location) shall be subject to a Design Review Permit. Deviation from other County standards referenced in this document (e.g. Chapter 130.40.180 [Mixed Use Development], Design Improvement Standards Manual) shall be processed according to those respective requirements.

5. The adoption of future permanent Design Standards in accordance with Subsection 130.27.050.F (Establishment of Community Design Review Areas; Guidelines and Standards) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title, is a discretionary project pursuant to CEQA. Upon adoption of those standards, the approval of a Design Review Permit will be considered a ministerial project pursuant to CEQA, when in compliance with the adopted Design Standards. If a project requires a Design Review Permit and one or more discretionary permits, the approval of the project will be considered discretionary and potentially subject to CEQA. The Design Review process shall be limited to consideration of compliance with established standards, provided that the use proposed for the project site is an allowed use within the zone.

C. Design Review Committee. If a project is located within a district for which a design review committee has been established in compliance with Section 130.60.070 (Design Review Committee) in Article 6 (Zoning Ordinance Administration) of this Title, the Director shall transmit the application to the committee prior to rendering a written decision or making a recommendation to the Commission. The application review process by the committee shall provide an opportunity for the applicant or other interested persons to provide testimony. After public testimony, the committee shall discuss the proposed project and by motion present a recommendation to the Director. The Director may approve or deny the permit, and may incorporate conditions to ensure compliance with the applicable design standards.

(Ord. No. 5219, § 3, 12-3-2024; Ord. No. 5256, § 4, 3-3-2026)

A. Process. This Section describes the Development Plan Permit, process which provides flexibility from the strict application of the Ordinance standards to allow for proposed developments to utilize innovative site planning techniques and other effective design responses to site features, uses on adjacent properties, and environmental constraints.

B. Applicability. A Development Plan Permit application shall be filed and processed in conformance with Chapter 130.28 (Planned Development (-PD) Combining Zone) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title.

C. Review Authority and CEQA. The Commission shall have the review authority of original jurisdiction for a Development Plan Permit application. The approval of a Development Plan Permit is a discretionary project pursuant to CEQA.

D. Scope of Approval. When determined by the review authority to be appropriate, Development Plan Permit approval may allow:

1. Variations in zone development standards contained in this Title, or design standards contained in the Design and Improvement Standards Manual (DISM)/Land Development Manual (LDM), or successor document, such as setbacks, lot size, lot width, floor area ratio (FAR), and height limits for greater flexibility in project design;

2. Establishment of project specific design guidelines to be applied consistently throughout the development, including but not limited to architectural standards and review processes, landscape standards, maintenance agreements, sign programs, and CC&Rs.

E. Findings for Development Plan Permits. When approving a request for a Development Plan Permit, the review authority must make the following findings:

1. The proposed development plan is consistent with the General Plan, any applicable specific plan, and Chapter 130.28 (Planned Development (-PD) Combining Zone) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title;

2. The site is adequate in shape and size to accommodate proposed uses and other required features;

3. That any exceptions to the development standards of the zone are justified by the design or existing topography;

4. Adequate public services and facilities exist or will be provided to serve the proposed development including, but not limited to, water supply, sewage disposal, roads, and utilities;

5. If mixed-use development is being proposed, the development conforms to the standards in Section 130.40.180 (Mixed Use Development) in Article 4 (Specific Use Regulations) of this Title;

6. The proposed development complies with the provisions of the -PD Combining Zone Section 130.28.010 (Planned Development (-PD) Combining Zone Established) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title.

F. Concurrent Applications. A project that is also subject to a Conditional Use Permit or Design Review Permit, or tentative subdivision or parcel map, shall have such application(s) processed concurrently with the Development Plan Permit. The findings for each permit shall be made separately and combined under the authority of the Development Plan Permit. In addition, the following shall apply:

1. A separate Design Review Permit application shall not be required with a Development Plan Permit; however, the proposed development plan shall require review by the applicable design review committee, as provided in Section 130.52.030 (Design Review Permit) above in this Chapter.

2. If a subdivision of land is proposed in conjunction with a project that requires a Development Plan Permit, a tentative map application and rezone application to add the -PD combining zone, if not already zoned as such, are also required. In the event a tentative map application is concurrently approved with a Development Plan Permit application, expiration of the Development Plan Permit shall occur at such time that the tentative map expires and shall be extended as a part of any map extension authorized by Title 120 (Subdivisions) and/or the provisions of the California Government Code.

G. Time Limits and Expiration. The time limit and expiration of Development Plan Permit applications shall be in compliance with Section 130.54.060 (Time Limits, Extensions, and Permit Expiration) below in this Article. The expiration of a Development Plan Permit related to a tentative subdivision or parcel map shall have the same expiration date as the tentative map. Extensions of the tentative map shall automatically extend the Development Plan Permit.

H. Revisions to an Approved Permit. Any requested change to the Development Plan Permit shall be in compliance with Section 130.54.070 (Revisions to an Approved Permit or Authorization) below in this Article.

A. Content. This Section provides standards for the location, occupation, and removal of temporary housing under a Temporary Mobile Home Permit. The standards allow residents to provide adequate housing on a temporary basis for adult family members who are dependent for financial or health reasons or for the use by a caretaker/watchman in commercial, industrial and recreational zones, and to ensure the removal of the unit upon cessation of the housing need.

B. Applicability. This Section shall apply to housing as a temporary accessory use to either a primary dwelling or to specified non-residential uses, as allowed in the use matrices for the zones, subject to the following purposes:

1. One mobile home or recreational vehicle for the purpose of habitation during the construction of a permitted primary dwelling or during major repair of a damaged dwelling that is uninhabitable, consistent with Subsection 130.40.190.B.2 (Temporary Mobile Home While Constructing) in Article 4 (Specific Use Regulations) of this Title; or

2. Temporary hardship use consistent with Subsection 130.40.190.B.3 (Mobile/Manufactured Homes - Hardship Purposes) in Article 4 (Specific Use Regulations) of this Title:

a. Use by the owner or members of the household to provide temporary housing or shelter for household members and/or to allow for in-home care of household members; or

b. Use by a caretaker where the purpose of the caretaker is to assist elderly or disabled homeowner(s) with their personal care and/or the care and protection of their property. In this instance, "elderly" shall mean a person 62 years of age or older.

3. Contractor's offices, consistent with Subsection B.4 (Temporary Contractor's Office) in Article 4 (Specific Use Regulations) of this Title, when allowed in the base zone;

4. Agricultural or construction employee housing consistent with Subsections 130.40.190.B.5 (Construction Employee Housing) and 130.40.190.B.6 (Agricultural Employee Housing) in Article 4 (Specific Use Regulations) of this Title;

5. In commercial and industrial zones, as well as for public and private schools and churches, one mobile home or recreational vehicle placed for the purpose of providing temporary housing for caretakers or watchmen in compliance with Section 130.40.120 (Commercial Caretaker and Agricultural Employee Housing) in Article 4 (Specific Use Regulations) of this Title. Findings of necessity shall be based on, but not limited to, the following factors:

a. Value and portability of goods and/or equipment stored on the property;

b. Sheriff's records demonstrating significant exposure to vandalism or the loss of goods and/or equipment;

c. Precautionary measures taken by the applicant to prevent loss or vandalism; and

d. Practicality of permanent facilities.

C. Review Authority, Procedure, and CEQA. The Director shall have the review authority of original jurisdiction for a Temporary Mobile Home Permit application. The review procedure shall be staff-level without public notice. The approval of a Temporary Mobile Home Permit is considered a ministerial project pursuant to CEQA.

D. Temporary Mobile Home Permit Requirements.

1. One temporary housing unit may be granted on a lot or contiguous lots under common ownership.

2. The property owner shall occupy a dwelling on the site for the uses allowed under Subsections B.1 and B.2 (Applicability) above in this Section.

3. The applicant shall comply with all development standards for the zone and any other statutes and ordinances relating to building, fire, and health codes.

4. The applicant shall sign and notarize an agreement that at the conclusion of the permit or the violation thereof, the temporary housing unit shall be removed from the property. In the event the property owner fails to remove the unit, the County may be authorized to remove the housing unit and record a lien on the property for the cost of removal. Such agreement shall be recorded by the County.

5. In addition to the provisions in Subsection B.2 (Applicability) above in this Section, in residential and agricultural zones suitable for residential development on lots measuring one acre or larger, one "temporary recreational vehicle" (TRV), as defined in Subsection 130.40.190.B.8, may be allowed on site as a temporary housing option, under a temporary mobile home permit pursuant to the following criteria:

a. The method of establishing suitability for residential development may be based on topography, access and connections to groundwater (or public water) or septic (or sewer) capability in accordance with Title 110 (Buildings and Construction), Section 110.32.150 (Temporary Mobile Homes), including enforcement thereof as stated in Section 110.32.250 (Enforcement), and other utility infrastructure requirements. The parcel's suitability for residential development, given the evidence and information provided will be evaluated during the temporary mobile home permit application process including but not limited to the following:

(1) Proof that there is an adequate potable water supply consisting of an operating well or water service connection is provided on the site as required by the Department of Environmental Management. Any alternative water system for the TRV shall be approved by the Department of Environmental Management prior to the issuance of a TRV permit.

(2) A functioning septic system or public sewer system connection shall exist at the site. Septic systems connections or alternative wastewater disposal methods require review and approval by the El Dorado County Environmental Management Department.

(3) The site shall contain electrical service to a TRV used for temporary housing.

b. If the parcel has an existing permitted primary dwelling, then establishing suitability for residential development is not required as long as the proposed TRV meets the development standards for the zone with the appropriate groundwater (public water), septic (sewer) capacity, and power hook-ups.

c. The applicant shall comply with all development standards for the zone and any other statutes and ordinances relating to building, fire, and health codes in addition to the following:

(1) A current DMV registration and operating permit shall be required and maintained on the TRV at all times;

(2) A TRV used for temporary housing shall be structurally sound and protect its occupants against the outdoor elements, including snow load;

(3) Alterations to a TRV are prohibited;

(4) Property owner must certify that a TRV used for temporary housing shall be equipped with smoke alarm/carbon detectors;

(5) The parking site for a TRV used for temporary housing must be located on the lot and shall be paved with hard durable surface with adequate drainage; and

(6) A TRV used for temporary housing shall not be used as a rental unit.

d. Permit Revocation. The County may revoke a temporary mobile home permit for a TRV if the placement or occupancy of the recreational vehicle:

(1) Is in violation of any local, State or Federal laws or regulations; or

(2) Appears to create a nuisance, such as by:

i. Accumulation, proliferation, or dispersal of trash, debris, or personal possessions; or

ii. Constitutes an unlawful activity; or

iii. Creates a disturbance that exceeds the standard outlined in Section 130.37.060 (Noise Standards) in Article 3 of this Title.

(3) If a property owner or owners who hold a temporary mobile home permit violate any provisions of the permit or of this Subsection, the property owner or owners will be served with a notice setting forth the nature of the violation. If, within a period of 30 days from the date of such notice, the property owner or owners have not complied with the provisions of the permit or of this Subsection, the permit shall be revoked.

(4) Property owner(s) must certify in a statement that if violations concerning the temporary mobile home permit are not removed or abated by the property owner by the specified date in a notice, that such materials, up to and including the TRV, may be removed under authority of the County, and the costs of such removal and abatement may be made a legal charge against the owner or owners of the property, a lien imposed on and recorded against the property in the amount of such costs, and such costs referred to the County Auditor for collection together with property taxes on such property pursuant to the provisions of Health and Safety Code §§ 14875 through 14931, and Government Code § 25845. Upon full recovery of County costs, a new TRV permit may be obtained after compliance with the provisions of this Chapter and the payment of a fee as specified in the building fee schedule as adopted by the Board.

(5) The conditions in this Subsection also pertain to violations by a property owner or owners with an expired temporary mobile home permit.

E. Permit Expiration. The Temporary Mobile Home Permit shall be approved for a period not to exceed 24 months and may be renewed for additional 24 month periods subject to the provisions of this Section. Proof of continuing eligibility is required as a condition of renewal. A Temporary Mobile Home Permit shall expire if the temporary housing unit is removed from the property or if it is no longer occupied by a qualifying occupant for a period of 60 days. At the end of the 60 day period, the property owner shall have 30 days to remove the temporary housing unit from the property in compliance with Subsection 130.40.190.C (Temporary Mobile Home Removal) in Article 4 (Specific Use Regulations) of this Title.

F. Development Standards.

1. The following types of structures shall be allowed for use as temporary housing units and shall be erected, constructed, or installed in a manner that effects easy removal:

a. Units constructed to meet building codes, including panelized structures or other structural types that may be affixed to a foundation but disassembled at a later date;

b. Units constructed to meet the standards of the National Manufactured Home Construction and Safety Standards Act of 1974, as amended from time to time; or

c. Recreational vehicles for the purpose of temporary housing under Subsection B.3 (Applicability) above in this Section.

2. Minimum Parcel Size. A temporary housing unit shall be allowed on any parcel zoned for single-unit residential development; however, temporary housing for the caretaker use allowed under Subsection B.2 (Applicability) above in this Section shall not be allowed on property that is less than one acre in size;

3. Maximum Unit Size. A temporary housing unit shall have a maximum floor area of 1,600 square feet, subject to the maximum coverage requirements of the zone:

a. Floor area shall be measured from the outside of the exterior walls to include all enclosed habitable space, such as living areas, hallways, stairwells, storage areas, and equipment rooms, but shall not include attached garages.

b. Conversion of a temporary manufactured home to a permanent accessory dwelling unit will be subject to the maximum floor area limitations for that specific use, as well as Section 18007 of the Health and Safety Code and all applicable development standards under Subsection 130.40.300.C (Accessory Dwelling Units) in Article 4 (Specific Use Regulations) of this Title.

4. Design Standards. The appearance of a temporary housing unit shall be similar to, or compatible with, the appearance of the primary dwelling; and the unit shall be situated so as to be subordinate to the primary dwelling, as viewed from the adjacent road easement or right-of-way.

5. Parking. On-site parking must be provided for the occupants of the temporary housing unit, subject to Chapter 130.35 (Parking and Loading) in Article 3 (Site Planning and Project Design Standards) of this Title.

(Ord. No. 5136, § 3, 12-2-2020; Ord. No. 5152, § 16, 11-16-2021)

A. Content. This Section establishes procedures and standards for the granting of Temporary Use Permits to ensure that the establishment, maintenance, and operation of a temporary use, as defined in Article 8 (Glossary: see "Temporary Use") of this Title, is not be detrimental to the public health, safety, and welfare of persons residing or working in the neighborhood of the proposed activity.

B. Applicability. The standards in this Section shall apply to temporary uses that are generally not allowed by right in the zone, but that may be allowed because they are of temporary duration. Temporary uses on property under approved development plans shall also be allowed without applying for a Development Plan Permit. Temporary uses may be subject to additional permits, licenses, or inspections as required by any applicable law, code, or regulation.

C. Exemptions. The following uses shall be exempt from the requirements contained within this Section providing no outdoor amplified sound systems are used during the course of the activity:

1. Temporary uses of less than three days duration that are held on County parks or public property and sponsored by bona fide charitable or nonprofit organizations provided such uses have prior approval from the public agency having responsibility for the property being utilized.

2. Garage sales, yard sales, and similar temporary sales activities on residentially zoned properties that are conducted in compliance with the standards under Subsection 130.40.220.E (Garage Sales) in Article 4 (Specific Use Regulations) of this Title.

3. Mobile homes used temporarily during construction, as a contractor's office, or for construction employee housing in compliance with the standards under Subsections 130.40.190.B.4 (Contractor's Office) and B.5 (Construction Employee Housing) in Article 4 (Specific Use Regulations) of this Title.

4. An event on the site of, or within, a meeting hall, religious facility, school, theater, or other similar facility designed and approved by the County for public assembly.

5. Fundraising car washes on property within a commercial, industrial, or research and development zone, limited to a maximum of two days per month for each sponsoring organization:

a. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Revenue and Taxation Code.

b. Notwithstanding Subsection 5.a in this Section, a fundraising carwash shall be conducted in compliance with applicable stormwater regulations to minimize potential water quality impacts.

6. The use of a site for location filming of commercials, movies, or videos that are allowed subject to a time specified by the Director and the County Film and Media Office.

D. Review Authority and CEQA. The Director shall have the review authority of original jurisdiction for a Temporary Use Permit application. The procedure shall be staff-level without public notice. The approval of a Temporary Use Permit is a discretionary project pursuant to CEQA.

E. Requirements for Approval. Approval of a Temporary Use Permit shall be subject to the standards under this Title that are applicable to the proposed use(s). Any other standards or requirements adopted by the County through ordinance or resolution shall be applied as well, in particular Section 5.12.050 (Carnivals) and Chapter 5.32 (Outdoor Music Festivals) of Title 5 (Business Taxes, Licenses and Regulations) of the County Code of Ordinances regarding carnivals and outdoor music festivals, respectively. The Director, in conjunction with the other affected agencies, may also impose such conditions as necessary to ensure compatibility with adjacent uses.

1. The following time limits for these specific temporary uses shall be the maximum allowed in a single calendar year:

a. Two 3-day Weekends for a Total of 6 Days:

(1) Auctions.

(2) Concerts.

(3) Outdoor religious revival meetings.

(4) Outdoor carnivals, circuses, rodeos, and itinerant shows.

(5) Youth, charitable, or nonprofit organization projects or events.

(6) Special Events, temporary (if authorized by the Zone District).

b. 30 Consecutive Days:

(1) Grand opening signs (one time only per use).

(2) Temporary signs and banners for schools, churches, and non-profit organizations announcing special events, enrollment periods, and similar temporary activities. No more than two such temporary banners may be placed on the same parcel during a calendar year beginning January 1.

c. 45 Consecutive Days:

(1) Seasonal sales.

2. All uses allowed by a Temporary Use Permit shall be terminated no later than the expiration date indicated upon the permit. All materials or products used in connection with or resulting from the temporary use shall be removed and the site restored within five days after the expiration date.

3. Bonds or other acceptable security may be required to guarantee the removal of any materials in connection with or resulting from the temporary use in compliance with Section 130.54.050 (Performance Guarantees) below in this Article. If required, said bonds or acceptable security shall be filed at the time of application submittal, and shall include a nonrefundable processing fee. In particular, vegetable, fruit, or flower stands and Christmas tree lots shall be subject to a bond requirement in an amount set by resolution of the Board.

4. Upon the removal of all materials associated with the temporary use, the applicant shall request an inspection by the Director regarding the release or other disposition of the bond or security deposit.

F. Repeating Uses at Same Site. If TUP applications for the same site and use exceed the maximum frequency allowed in a single calendar year, as set forth in subsection 130.52.060.E.1 (Temporary Use Permit Requirements for Approval: Time Limits) above, then a CUP may be required at the Director's discretion. The Director's requirement for a CUP instead of a TUP shall be based on the use of permanent structures, repeated nature of the use, and history of similar TUPs on the same site.

(Ord. No. 5127, § 20, 9-1-2020)

A. Content. This Section describes the process for County consideration of requests to modify certain standards of this Title (Title 130, Zoning Ordinance) when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards for the zone denies the property owner rights enjoyed by other property owners in the vicinity and in the same zone.

B. Applicability. A Variance may be granted to modify any development standards as set forth in this Title. A Variance may not be used to authorize a use or activity not otherwise allowed within the zone.

C. Approving Authority and CEQA. The Zoning Administrator shall have the review authority of original jurisdiction for a Variance authorization. The approval of a Variance is a discretionary project pursuant to CEQA.

D. Findings Required. A Variance shall be granted by the review authority only where all of the following circumstances are found to apply:

1. There are special circumstances or exceptional characteristics or conditions relating to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the vicinity and the same zone;

2. The strict application of the zoning regulations as they apply to the subject property would deprive the subject property of the privileges enjoyed by other property in the vicinity and the same zone (California Government Code Section 65906);

3. A variance granted shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated (California Government Code Section 65906); and

4. The granting of the Variance is compatible with the maps, objectives, policies, programs, and general land uses specified in the General Plan and any applicable specific plan, and not detrimental to the public health, safety, and welfare or injurious to the neighborhood.

E. Conditions of Approval. In approving a Variance, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required in Subsection D (Findings Required) above in this Section.

A. Content. This Section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.

B. Applicability.

1. A request for reasonable accommodation may be made by any person with a disability, or by an entity acting on behalf of a person or persons with disabilities, to provide or secure equal access to housing, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. As defined in the Acts, a person with a disability is one having a physical or mental impairment that limits or substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone having a record of such impairment. This Section is intended to apply to those persons who are defined as disabled under the Acts.

2. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability with equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Subsection C (Application Requirements) below in this Section.

C. Application Requirements.

1. Application. Requests for reasonable accommodation shall be submitted in writing in the form of a letter to the Director, and shall contain the following information:

a. The name, address, and telephone number of the individual(s) requesting reasonable accommodation (or group of individuals, if application is made by an entity acting on behalf of a person or persons with disabilities);

b. The street address and assessor's parcel number of the property for which the request is being made;

c. Name and address of the property owner(s);

d. The current actual use of the property;

e. The basis for the claim that the individual (or group of individuals, if application is made by an entity acting on behalf of a person or persons with disabilities) is considered disabled under the Acts;

f. Description of the requested accommodation and the zoning law, provision, regulation or policy for which reasonable accommodation is being sought and any supporting information, such as site plans;

g. Reason that the requested accommodation may be necessary for the individual(s), or group of individuals, with the disability to have equal opportunity to housing.

2. Concurrent Review. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, then the applicant may file the request concurrently with the application for discretionary approval.

3. Request for Reasonable Accommodation. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

D. Review Authority and Procedure.

1. Reviewed by the Director. Requests for reasonable accommodation shall be reviewed by the Director, or his/her designee, if no other discretionary approval is required. The Director or his/her designee shall make a written determination within 45 calendar days of the request and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Subsection E (Findings and Conditions of Approval) below in this Section.

2. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 45 day period to issue a decision is stayed until the applicant responds to the request.

3. Concurrent review authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The applicable review authority shall make a written determination and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Subsection E (Findings and Conditions of Approval) below in this Section as part of its action(s) regarding the discretionary land use application.

E. Findings and Conditions of Approval.

1. Findings. The written decision to grant, grants with modifications, or deny a request for reasonable accommodation will be consistent with the Acts and shall require the following findings of approval:

a. The housing that is the subject of the request will be used by an individual or a group of individuals considered disabled under the Acts, and the accommodation requested is necessary to make specific housing available to the individual or group of individuals with (a) disability(ies) under the Acts;

b. Alternative reasonable accommodations that are within existing parameters (e.g., zoning district regulations) that would provide an equivalent level of benefit are not available or suitable for a particular case;

c. The requested reasonable accommodation will not impose an undue financial or administrative burden on the County;

d. The requested reasonable accommodation is consistent with the County General Plan land use designation of the property that is the subject of the reasonable accommodation request, and with the applicable zoning district;

e. The requested reasonable accommodation does not substantially affect the physical attributes of the property;

f. The requested reasonable accommodation will not adversely impact surrounding land uses.

2. Conditions of Approval. In granting a request for reasonable accommodation, the Director or other reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required in Subsection 1 above in this Section.

3. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

F. Appeal of Determination.

A determination by the reviewing authority to grant, with modifications, or deny a request for reasonable accommodation may be appealed pursuant to Section 130.52.090 (Appeals) below in this Chapter.

Any decision by the review authority of original jurisdiction may be appealed by the applicant or any other affected party, as follows:

A. An appeal must be filed within ten working days from the decision by the review authority by completing the appeal form and submitting said form together with the applicable fee, as established by resolution of the Board, to the Department. The Department shall forward the appeal to the Clerk of the Board. The appellant shall clearly identify on the appeal form the specific reasons for the appeal and the relief requested.

B. The hearing body for the appeal shall consider all issues raised by the appellant and may consider other relevant issues related to the project being appealed. The hearing body for the appeal shall be as follows:

1. All decisions of the Director are appealable to the Commission and then to the Board.

2. All decisions of the Zoning Administrator and the Commission are appealable to the Board.

3. All decisions of the Agricultural Commissioner are appealable to the Ag Commission and then to the Board.

4. All decisions of the Board are final.

C. The hearing on an appeal should be set no more than 60 days from receipt of a completed appeal form and fee. If the Board meeting is canceled for any reason on the date on which the appeal would normally be heard, the appeal shall be heard on the first available regularly-scheduled meeting following the canceled meeting date. The 60-day time limitation may be extended by mutual consent of the appellant(s) and the applicant, if different from the appellant. Once the date and time for the hearing is established the hearing may be continued only by such mutual consent.

D. In any appeal action brought in compliance with this Section, the appellant(s) may withdraw the appeal, with prejudice, at any time prior to the commencement of the public hearing. For the purposes of this Section, the public hearing shall be deemed commenced upon the taking of any evidence, including reports from staff.

E. Upon the filing of an appeal, the Commission, the Ag Commission, or the Board shall render its decision on the appeal at the conclusion of the hearing or rendered at a subsequent meeting of the Board of Supervisors within 45 days of the hearing, unless it is stipulated by the parties that the matter may be submitted for a later decision upon a certain date. The decision shall be in the form of written findings.

F. No person shall seek judicial review of a County decision on a planning permit or other matter in compliance with this Title until all appeals to the Commission and Board or to the Ag Commission and the Board as applicable have been first exhausted in compliance with this Section.

(Ord. No. 5177, § 11, 6-20-2023; Ord. No. 5241, § 13, 8-19-2025)