Chapter 19.104 — CONDITIONAL USE PERMITS

The purpose of this chapter is to establish procedures and general standards for the review and approval of conditional use permits authorized by various sections of this title. Whenever a use is listed in any section of this title as a use permitted subject to securing a conditional use permit, it shall be approved only if it is consistent with the county general plan and meets all requirements of this title and subject to any conditions deemed appropriate by the decision-making authority.

(Prior code § 7286.01)

An application for a conditional use permit shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

A site development plan drawn at the scale specified by the planning director, which includes the following information:

1.

Location of all existing buildings, structures and improvements on the property,

2.

Location of all proposed buildings, structures and improvements on the property,

3.

Existing and proposed streets and highways bordering and within the boundaries of the property,

4.

Location of existing and proposed parking areas,

5.

Proposed landscaping,

6.

North arrow;

F.

Elevations of proposed buildings or structures related to the conditional use permit;

G.

A narrative description of the proposed use or development including:

Description of the nature of the proposed use or development,

2.

Identification of the applicable zoning district or districts and the section of this chapter under which the conditional use permit is requested,

3.

Reasons which the applicant feels justify the granting of the conditional use permit;

H.

Signatures or letter of consent from all property owners unless county initiated.

(Ord. G-6077 § 359, 1994; Ord. G-4832 § 178, 1988; Prior code § 7286.02)

The application for a conditional use permit shall be reviewed and approved, conditionally approved, or denied by the decision-making authority in accordance with the procedures set out in Chapter 19.102 of this title. The time periods for approval or disapproval of an application for approval of a conditional use permit for any adult entertainment, adult bookstore, or adult movie theater business shall be as contained in Government Code Section 65950.

(Ord. G-5685 § 5, 1991: Prior code § 7286.03)

The decision-making authority may approve or conditionally approve an application for a conditional use permit if it finds all of the following:

A.

The proposed use is consistent with the goals and policies of the applicable general or specific plan.

B.

The proposed use is consistent with the purpose of the applicable district or districts.

C.

The proposed use is listed as a use subject to a conditional use permit in the applicable zoning district or districts or a use determined to be similar to a listed conditional use in accordance with the procedures set out in Sections 19.08.030 through 19.08.080 of this title.

D.

The proposed use meets the minimum requirements of this title applicable to the use.

E.

The proposed use will not be materially detrimental to the health, safety and welfare of the public or to property and residents in the vicinity.

(Ord. G-6864 § 88, 2002; Ord. G-6551 § 120, 1998: Prior code § 7286.04)

A.

Any conditional use permit may include such terms and conditions deemed appropriate or necessary by the decision-making authority to make the findings specified in Section 19.104.040 of this chapter. If no terms or conditions are specified, the use permit shall be considered unconditional and valid for an indefinite period.

B.

If the development for which a conditional use permit has been approved pursuant to this article has not commenced, or permits for such development have not been issued, within one (1) year of the granting of the use permit or if the conditional use permit has been unused, abandoned, discontinued or has ceased for a period of one (1) year, the use permit shall become null and void and of no effect, unless an extension has been granted by the decision-making authority upon written request for an extension before the expiration of the one (1) year period. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.

C.

All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless such conditions are appealed pursuant to Section 19.102.170 of this title.

(Ord. G-5684 § 108, 109, 1991; Ord. G-4832 § 179, 1988; Prior code § 7286.05)

Any conditional use permit issued pursuant to this chapter may be revoked or modified pursuant to Section 19.102.020 of this title.

(Prior code § 7286.06)

Chapter 19.106 - VARIANCES

Where special physical circumstances exist limiting the development of a particular property in accordance with development standards of a zoning district, relief from the development standards may be secured by the granting of a variance from those standards. The granting or denial of a variance will be based on whether the particular circumstances conform to the standards of this chapter. Under no circumstances will a variance from permitted or conditionally permitted uses be considered or granted.

(Prior code § 7288.01)

An application for a variance shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

Site development plan drawn at a scale specified by the planning director, which includes:

1.

Location of all existing buildings, structures, and improvements on the property,

2.

Location of all proposed buildings, structures and improvements on the property,

3.

North arrow;

F.

Elevations of all buildings or structures related to the variance sought;

G.

A narrative description of the proposed use or development, including:

1.

Description of the nature of the proposed use or development,

Identification of the applicable zoning district or districts and section(s) of this title containing the standards from which variance is sought,

3.

Explanation of the variance sought,

4.

Reasons which the applicant feels justify the granting of the variance;

H.

Signatures or letter of consent from all property owners of record unless county initiated.

(Ord. G-6077 § 361, 1994: Ord. G-4832 § 180, 1988; Prior code § 7288.02)

The application for a variance shall be reviewed and approved, conditionally approved or denied by the decision-making authority in accordance with the procedures set out in Chapter 19.102 of this title.

(Prior code § 7288.03)

The decision-making authority may approve or conditionally approve an application for a variance if it finds all of the following:

A.

Special circumstances exist applicable to the subject property, including size, shape, topography, location or surroundings, such that the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district or districts;

B.

The granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is located;

C.

The granting of the variance will not be materially detrimental to the public health, safety or welfare or to property or residents in the vicinity.

(Prior code § 7288.04)

A.

Any variance granted may include such terms and conditions as deemed necessary or appropriate by the decision-making authority to effect the purpose of this title. If no additional terms or conditions are specified, the variance shall be considered unconditional and valid for an indefinite period.

B.

If the development for which a variance has been approved pursuant to this chapter has not commenced, or permits for each development have not been issued, within one (1) year of the granting of the variance, the variance shall become null and void and of no effect, unless an extension has been granted by the decision-making authority, upon the written request for an extension before the expiration of the one (1) year period. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.

C.

All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless such conditions are appealed pursuant to Section 19.102.170 of this title.

(Prior code § 7288.05)

19.106.060 - Variance revocation and modification.

Any variance issued pursuant to this chapter may be revoked or modified pursuant to Section 19.102.020 of this title.

(Prior code § 7288.06)

Chapter 19.108 - NONCONFORMING USES, STRUCTURES AND LOTS

Within the zoning districts established by this title, or as subsequently amended, there exist structures, uses, lots, and signs which were lawful before the ordinance from which this title derives was passed or amended but which would be prohibited or restricted under the conditions of this title or future amendments. The Board of Supervisors of Kern County declares that nonconforming structures, uses, lots, and signs are incompatible with permitted uses in the zoning districts involved and such nonconforming uses, lots, and signs shall not be enlarged, expanded, or extended except as provided for in this title. Such nonconforming structures, uses, and signs shall not be used as grounds for adding other structures or uses prohibited by this title.

(Prior code § 7296.01)

(Ord. No. G-8226, § 107, 11-8-11)

19.108.020 - Nonconforming structures.

A.

Any nonconforming structure may be continued and maintained provided there is no physical change other than necessary maintenance and repair in such a structure, except as otherwise provided by this chapter.

B.

A nonconforming structure shall not be enlarged in area, space or volume.

C.

Any nonconforming structure which is vacant for a period of one (1) year or more shall not again be used or occupied for a nonconforming use.

D.

Any nonconforming structure may be reconstructed, repaired or rebuilt when damaged by fire, earthquake, explosion or act of God if the reconstruction and repair expense does not exceed one hundred fifty percent (150%) of the actual cash value of the building at the time such damage occurred, and provided there is no expansion of the total area of the building as it existed prior to the damage. All such reconstruction shall be commenced within one (1) year from the date of damage.

E.

Where buildings or accessory structures have been rendered nonconforming as a result of a change in front yard setback requirements, the buildings or structures may be reconstructed at the same location, provided there is no greater degree of nonconformity.

F.

Any use of a street, highway, alley or railroad right-of-way which has been rendered nonconforming as a result of amendment of this title shall be completely removed within one (1) year of such amendment.

G.

Where a legally constructed building has been rendered nonconforming as a result of a change in required yards and setbacks, the planning director may authorize up to a fifty percent (50%) expansion of the structure without consideration of a formal zone modification or variance provided that (1) there is no greater degree of encroachment into the required setback; (2) there is no significant change in the proposed use of the structure; (3) there is no significant change in the existing height of the structure; and (4) the addition will meet all adopted Uniform Building Code and Fire Code requirements.

(Ord. G-7482 § 108, 2007; Ord. G-4832 § 181, 1988; prior code § 7296.02)

19.108.030 - Nonconforming uses of structures.

A.

Any nonconforming use may be maintained and continued provided there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming use, except as otherwise provided in this section and Section 19.108.040.

B.

Any part of a building, structure, facility, or land occupied by a nonconforming use that is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use.

C.

Any part of a building, structure, facility, or land occupied by a nonconforming use that has been discontinued or abandoned for a period of one (1) year or more shall not again be used or occupied for a nonconforming use. In instances where the assessed value of improvements on the property exceeds fifty thousand dollars ($50,000.00), as determined by the county assessor, the nonconforming use shall not be reestablished if the use has been discontinued or abandoned for a period of two (2) years or more.

D.

If only minor structural alterations are required, a nonconforming use of a building may be changed to a similar or less intense nonconforming use.

(Ord. G-6864 § 90, 2002; Ord. G-6412 § 63, 1997: Ord. G-6191 § 89, 1995: prior code § 7296.03)

19.108.040 - Nonconforming uses of land.

A.

A nonconforming use of land shall not be expanded, extended, or intensified in any way with respect to scope, duration, or frequency of the use, except as follows:

The planning commission may authorize the expansion or intensification of legal, nonconforming uses if, after consideration at a public hearing noticed pursuant to Section 19.102.150, both of the following findings can be made:

1.

The proposed expansion will not create any significant adverse impacts to surrounding properties.

2.

The only other remedy to bring the use into conformance would require an amendment to the applicable General Plan.

Public hearing notification shall consist of mailing notices to property owners having property within three hundred (300) feet from the exterior boundaries of the subject property. Published notice in a local newspaper shall not be required, unless the planning director determines that such additional notice is warranted. In consideration of a request to expand or intensify a legal, nonconforming use, the terms and conditions for any approval shall be as specified in Section 19.104.050.

B.

A nonconforming use of land shall not be changed to or replaced by any other use except a use that complies with the regulations of the zoning district in which the subject property lies.

C.

Any nonconforming use of land that has been discontinued or abandoned for a period of one (1) year or more shall not be reestablished. In instances where the assessed value of improvements on the property exceeds fifty thousand dollars ($50,000), as determined by the county Assessor, the nonconforming use shall not be reestablished if the use has been discontinued or abandoned for a period of two (2) years or more.

D.

The exploration for or development or production of oil, gas, or other hydrocarbon substances lawfully constructed prior to April 7, 2021 shall be considered nonconforming uses of land. Any subsequent, maintenance, production, operations, well stimulation treatments, alterations or expansion, and other activities involving existing wells, including ancillary facilities, are allowed subject to Chapter 19.98 of this title.

E.

A legal nonconforming dwelling in any zone district may be replaced with the approval of the planning director, provided that all applicable requirements of this title, other than density or conditional use permit requirements, can be satisfied.

F.

Any use of land continuously in existence for a period of twenty (20) years or more may qualify as a legal, nonconforming use pursuant to Section 19.108.080, irrespective of when zoning requirements became effective for that property, provided that the planning director determines that the use is not significantly incompatible with surrounding land uses and that there is no significant threat to the public health, safety, and welfare in allowing the use to continue.

(Ord. G-6967 § 34, 2003; Ord. G-6864 § 92, 2002; Ord. G-6412 § 64, 1997; Ord. G-6297 § 69, 1996; Ord. G-6191 § 90, 1995; Ord. G-5803 § 56, 1992; Ord. G-5684 § 110, 1991; prior code § 7296.04)

(Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 25, 3-8-21)

19.108.050 - Nonconforming lots.

Any lot which was legally recorded prior to the effective date of the ordinance from which this title derives may be used in conformance with the uses permitted by the zoning district in which it is located, provided that all yard and setback requirements are met. Said lots may also be deemed nonconforming with regards to the provisions of a general or specific plan based upon their status, but can be enlarged, expanded or extended through a land division action so long as:

1.

The legal, nonconforming substandard lot is made greater in size; and

2.

Any resulting new lots are not rendered substandard in size with respect to their existing map code designation and zone classification.

(Prior code § 7296.05)

(Ord. No. G-8226, § 108, 11-8-11)

Any use permitted under the provisions of this title that currently exists with nonconforming setbacks may:

1.

Be replaced in the same location if damaged or destroyed by fire, earthquake, explosion, or act of God regardless of the cost of such reconstruction; or

2.

Be maintained in accordance with the provisions of this title provided there is no greater degree of nonconformity with regard to setback.

(Prior code § 7296.06)

(Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 26, 3-8-21)

19.108.070 - Nonconforming signs.

A.

The provisions of this section shall apply to all signs in the unincorporated county not otherwise regulated by state or federal law. Except as otherwise provided in this chapter, any sign lawfully in use on the effective date of the ordinance from which this title derives but made nonconforming thereby may continue to be used for a period of five (5) years. Any sign which becomes nonconforming because of an amendment to this title may continue to be used for a period of five (5) years from the effective date of such amendment.

B.

Nonconforming signs in existence beyond five (5) years, as provided for in subsection (A) of Section 19.108.060 of this chapter, are declared illegal signs and a public nuisance and shall be abated as provided for in Chapter 19.114 of this title.

C.

Nonconforming signs shall be kept in good repair during the five (5) year period the sign may be used. Alterations or modifications to any nonconforming sign are prohibited, except for structural repair resulting in the same size or shape.

D.

A requirement for a nonconforming sign to be removed or altered so as to comply with the requirements of this title may be imposed as a condition on the approval of a subdivision, conditional use permit, variance or other discretionary development approval.

(Prior code § 7296.07)

Where there is doubt regarding the legal, nonconforming status of structures, uses of structures, uses of land, parcel size, or signs, documentation shall be submitted to the planning director to establish legal, nonconforming status. The burden of proof in submitting adequate documentation for determination of legal nonconforming status shall rest entirely on the party making said request. The planning director shall grant legal, nonconforming status only when the preponderance of information submitted clearly establishes the legality of the applicable use, structure, or parcel size. The determination of the planning director shall be final unless an appeal is filed within seven (7) days from, and including the date of, determination, in which case the matter shall be considered by the board of supervisors as provided for in Section 19.108.090.

(Ord. G-6077 § 363, 1994: Ord. G-5346 § 105, 1990: prior code § 7296.08)

(Ord. No. G-8656, § 23, 7-26-16)

A.

Any decision of the planning director made pursuant to this title shall be subject to appeal to the board of supervisors.

B.

The applicant or any other person aggrieved may appeal from such decision by filing a written notice of appeal with the planning director prior to the time the decision becomes final. The planning director shall furnish forms of notice of appeal. The appeal shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.06.040.

C.

Notice of the hearing on the appeal shall be given in the manner and time provided in Section 19.102.210.

D.

The board of supervisors may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from.

E.

The decision of the board of supervisors on any such appeal shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.

(Ord. No. G-8656, § 24, 7-26-16)

Chapter 19.110 - ZONE MODIFICATIONS

The purpose of this chapter is to provide limited relief from the strict application of development requirements specified in this title where the granting of the modification would promote uniform development or relieve an unreasonable hardship, but would not be detrimental to the public health, safety or welfare or to property or residents in the area. A zone modification shall not be granted where the relief sought should more appropriately be sought through the variance procedure.

(Prior code § 7290.01)

An application for a modification shall include the following:

A.

Name and address of the applicant;

B.

Name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

Site development plan drawn at the scale specified by the planning director, which includes the following information:

1.

Location of all existing buildings, structures and improvements,

2.

Location of all proposed buildings, structures and improvements,

3.

North arrow;

F.

Elevations of all buildings or structures related to the modification sought;

G.

A narrative description of the proposed use or development, including:

1.

Description of the nature of the proposed use or development,

2.

Identification of the applicable zoning district or districts and section(s) of this title containing the standards for which the zone modification is sought,

3.

Explanation of the zone modification sought,

4.

Reasons which the applicant feels justify the granting of the zone modification;

H.

Signatures or letter of consent from all property owners of record unless county initiated.

(Ord. G-6077 § 364, 1994; Ord. G-4832 § 182, 1988; Prior code § 7290.02)

19.110.030 - Review and approval procedure.

An application for a modification shall be reviewed and approved, conditionally approved or denied by the decision-making authority in accordance with the procedures set out in Chapter 19.102 of this title.

(Prior code § 7290.03)

19.110.040 - Development standards subject to modification.

The decisionmaking authority may approve a zone modification to any of the following standards:

A.

Minimum lot size requirements, not to exceed fifteen percent (15%) reduction in such requirements;

B.

Off-street parking requirements, not to exceed fifteen percent (15%) reduction in such requirements, where ten (10) or more parking spaces are required;

C.

Yard and setback requirements, not to exceed twenty-five percent (25%) reduction in such requirements;

D.

Height limits, excluding signs, not to exceed twenty-five percent (25%) in such requirements;

E.

Height, location or construction requirements for fences, walls and hedges.

F.

Height and square footage limits for accessory buildings per Section 19.08.180.A.

(Ord. G-6297 § 71, 1996: Ord. G-5346 § 107, 1990; Prior code § 7290.04)

(Ord. No. G-8725, § 22, 7-11-17)

19.110.050 - Basis for approval.

The decisionmaking authority may approve, conditionally approve or deny an application for a modification if it finds all of the following:

A.

The modification does not exceed the limits specified in Section 19.110.040 of this chapter;

B.

The granting of the modification will not be materially detrimental to the public health, safety or welfare or to property or residents in the vicinity;

C.

Either of the following:

1.

The modification would promote uniformity in development on the lot or in the area,

2.

The modification would alleviate an unreasonable hardship on the property owner or applicant imposed by the strict application of the requirements of this title.

(Prior code § 7290.05)

19.110.060 - Terms and conditions.

A.

Any zone modification granted may include such terms and conditions as deemed necessary or appropriate by the decision-making authority to effect the purpose of this title. If no additional terms or conditions are specified, the zone modification shall be considered unconditional and valid for an indefinite period.

B.

If the development for which a zone modification has been approved pursuant to this chapter has not commenced, or permits for such development have not been issued, within one (1) year of the granting of the zone modification, the zone modification shall become null and void and of no effect, unless an extension has been granted by the decision-making authority upon the written request for an extension before the expiration of the one (1) year period. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.

C.

All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless such conditions are appealed pursuant to Section 19.102.170 of this title.

(Prior code § 7290.06)

19.110.070 - Zone modification revocation and modification.

Any zone modification issued pursuant to this chapter may be revoked or modified pursuant to Section 19.102.020 of this title.

(Prior code § 7290.07)

Chapter 19.112 - AMENDMENTS TO ZONING TITLE

The purpose of this chapter is to establish procedures for the amendment of this title and the official zoning maps. Amendments to this title may be initiated by the board of supervisors on its own motion or by the application of any interested person.

(Prior code § 7292.01)

The board of supervisors may at any time and in any form deemed appropriate by the board initiate an amendment to any portion of this title. An amendment may be any of the following types:

A.

An amendment to the text of this title not changing regulations or standards affecting the use of any property;

B.

An amendment to the text of this title changing regulations or standards affecting the use of property;

C.

Amendment to the official zoning maps reclassifying property from one (1) district to another, including applying a combining district to, or removing a combining district from, property.

(Prior code § 7292.02)

19.112.030 - Initiation by an interested person.

A property owner, his/her authorized representative, or any other interested person may initiate an amendment to the official zoning maps to reclassify property from one (1) district to another by submitting an application to the planning director.

A.

An application for a reclassification of property shall include:

1.

The name and address of the applicant;

2.

The name(s) and address(es) of the property owner(s);

3.

Assessor's parcel number(s);

4.

Legal description of the property;

5.

A map of the property;

6.

Identification of the zoning district reclassification being sought;

7.

Signatures or letter of consent from all property owners of record;

8.

If the property is designated as a flood hazard area according to the Flood Insurance Rate Maps (FIRM), the application shall include a request for the applicable flood hazard zoning, including legal descriptions for same, as required by the planning director.

B.

The application shall be accompanied by the fee established by the board of supervisors pursuant to Section 19.108.020 of this title.

C.

The planning director shall inform the applicant in writing within thirty (30) calendar days of receipt that the application is complete or that additional information is needed to complete the application.

(Ord. G-6077 § 366, 1994: Ord. G-4832 § 183, 1988; Prior code § 7292.03)

19.112.040 - Notice of public hearing.

A.

At least ten (10) days before the date of any public hearing on a proposed amendment to the text of this title changing regulations of standards affecting the use of any property or on an amendment to the official zoning maps reclassifying property from one (1) district to another, notice of the hearing, identity of the hearing body, and the nature of the amendment, and identification of affected properties shall be given by the following methods:

1.

Publishing such notice once in at least one (1) newspaper of general circulation;

2.

Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to each member of the board of supervisors, to each member of the planning commission, to the owners of all property within three hundred (300) feet of the exterior boundaries of the property which is subject of the application, and to any person who has filed a written request for such notice. For the purposes of this notice, property owners shall be the last known name and address of the property owner names on the last assessment role of the county. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one thousand (1,000), a display advertisement of at least one-eighth (⅛) page in at least one (1) newspaper of general circulation may be published at least ten (10) days prior to the hearing in lieu of mailed or delivered notice;

3.

In lieu of the requirements set forth in subsection (A)(1) of this section, notice may also be given by posting notices not more than three hundred (300) feet apart along each street upon which the subject property abuts for a distance of not less than three hundred (300) feet in each direction from the exterior limits of the subject property.

B.

At least ten (10) days before the date of any public hearing on a proposed amendment to the text of this title not changing regulations or standards affecting the use of any property, notice of the hearing, including the date, time, place of the hearing, identity of the hearing body and the nature of the amendment, shall be given by publishing such notice once in at least one (1) newspaper of general circulation.

(Ord. G-6551 § 121, 1998: Prior code § 7292.04)

A.

A public hearing shall first be held before the planning commission at a time and place in accordance with the public notice. The board of supervisors shall establish rules for the conduct of such hearings. The name of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the planning commission shall announce the time and place to which the hearing will be continued. Planning commission shall adopt a recommendation for consideration by the board of supervisors as specified in Section 19.102.160(B).

B.

Within forty-five (45) days from the date a decision is rendered by the planning commission, a public hearing shall be scheduled before the board of supervisors to consider the planning commission's recommendation. A public hearing shall be held before the board of supervisors at a time and place in accordance with the public notice. The board of supervisors may establish rules for the conduct of such hearings. The name of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the board of supervisors shall announce the time and place to which the hearing will be continued.

(Ord. G-6551 § 122, 1998: Prior code § 7292.05)

A.

The board of supervisors shall approve by ordinance or deny by order the proposed amendment within thirty-five (35) days following the close of the public hearing. The decision shall be final.

B.

Where the amendment was initiated by an interested person pursuant to Section 19.112.030 of this chapter, written notice of the decision shall be given by mail, within seven (7) days after the date of the decision, to the applicant and any person filing a written request for notice of the decision.

(Prior code § 7292.06)

19.112.070 - Time limitations on challenges.

Any action or proceeding to attack, review, set aside, void or annul any decision made pursuant to Section 19.112.060, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within thirty (30) days after the date of decision, and the legislative body is served within sixty (60) days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of that decision or of these proceedings, acts or determinations.

(Ord. G-6551 § 123, 1998: Prior code § 7292.07)

Chapter 19.114 - ENFORCEMENT AND PENALTIES

Sections:

The purpose of this chapter is to establish provisions for enforcement of this title. The steps in the process are outlined, as well as the penalties involved. This section puts all persons on notice as to the proceedings and penalties involved if any provision of this title is violated. The procedures contained in this chapter do not limit or modify the authority of the county of Kern to pursue enforcement under the provisions of Chapter 19.100 of this title.

(Prior code § 7298.01)

19.114.020 - Validity and issuance of permits.

A.

No department, official, or employee of the county of Kern vested with the duty or authority to issue permits or licenses for buildings, structures, or uses subject to the requirements of this title shall issue a permit or license in conflict with the provisions of this title; any permit or license issued in conflict with any provision of this title shall be null and void. Further, no ministerial or discretionary permit or license shall be issued by any department, official, or employee of the county of Kern for any building, structure, or use subject to the requirements of this title on a parcel of land where the department, official, or employee is aware that a violation of this title exists, except as provided for below.

B.

If the application is for a ministerial permit, a zone modification, or zone variance and the approval of said permit will abate all violations of this title as determined by the planning director, the planning director may authorize the processing of the permit without first requiring the abatement of the violation or the formal consideration of the matter at a director's hearing provided that:

1.

The property owner has provided written acknowledgment of the existence of all violations of this title affecting the property for which a permit is being sought, and;

2.

All outstanding administrative penalty fees, administrative costs, civil penalties, and enforcement costs incurred by any department of the county in investigating and seeking to abate all violations of this title affecting said property, and known by the planning director, have been paid.

C.

For all other classes of permits for property found to be in violation of this title, the application shall not be accepted for processing prior to the abatement of all such violations until the matter is first considered by the hearing officer at a director's hearing. Notification of the scheduled date of consideration at a director's hearing shall be sent by mailing or delivering notice, postage prepaid, to the property owner, the applicant, each member of the board of supervisors and to the owners of all abutting properties at least ten (10) calendar days prior to the date of the hearing and shall specify the date, time, and place of the hearing and the location and nature of the alleged violation of this title. The hearing officer may authorize the processing of the application if all of the following findings are made:

1.

The violation or violations will not likely result in potentially significant health, safety, or welfare impacts on the property or the surrounding properties.

2.

The property owner has provided written acknowledgment of the existence of all violations of this title affecting the property for which a permit is being sought.

3.

The property owner is not presently known to be in violation of this title related to any other property owned over which the county has land use authority, unless that property's violation(s) are being abated with a concurrent application before the hearing officer.

4.

The application, if approved, will fully abate all violations of this title affecting the property for which permit approval is being sought.

5.

All outstanding administrative penalty fees, administrative costs, civil penalties, and enforcement costs incurred by any department of the county in investigating and seeking to abate all violations of this title affecting said property and known by the hearing officer, have been paid.

D.

If the hearing officer cannot make all of these required findings, the application shall not be processed until such time as all violations of this title affecting the property for which a permit is being sought and all other property owned by the same property owner over which the county has land use authority have first been

abated. If the hearing officer can make the required findings, the final decision may contain stipulations deemed necessary to limit potentially significant health, safety or welfare impacts on the property or on surrounding properties. The decision of the hearing officer shall be final unless an appeal is filed within seven (7) days from, and including the date of, decision, in which case the matter shall be considered by the planning commission as provided for in Section 19.102.060 of this title. In the event that the hearing officer authorizes the processing of an application without requiring abatement of the violations, the hearing officer may re-schedule the application for re-consideration if there are excessive delays in processing the application brought about by the applicant's action or inaction or in instances where there are fundamental changes in circumstances surrounding the nature of the violation.

E.

Any application authorized for filing pursuant to this section shall be assessed a late filing fee equivalent to fifty percent (50%) of the minimum filing fee normally required for processing that application, in addition to the normal minimum filing fee for that application. If multiple applications are required, the late filing fee shall be assessed to each application filing fee.

F.

If violations of this title are discovered subsequent to formal acceptance of the application for processing, application processing shall be suspended until either the violations have been abated or, in the event that the only noted violations will be abated through approval of the pending discretionary permit(s), the matter is first considered as specified in subsections (B) and (C) above.

(Ord. G-7012 § 63, 2003; Ord. G-4832 § 184, 1988; prior code § 7298.08)

(Ord. No. G-7821, §§ 84, 85, 1-27-09; Ord. No. G-8226, § 109, 11-8-11)

19.114.030 - Inspection.

The building official or planning Director may upon the presentation of proper credentials to the occupant or owner enter any premises, building, or structure at any reasonable time for the purpose of investigating and inspecting the premises, building or structure to determine whether the same are being used in compliance with the provisions of this title. If admission or entry is refused, the building official may apply to the district attorney to obtain an inspection warrant.

(Ord. G-6551 § 124, 1998: prior code § 7298.03)

Whenever a violation of this title occurs or is alleged to have occurred, any person may file a complaint with the building official stating fully the causes and basis thereof. The complaint shall be investigated, and such action thereon as provided by this title taken as deemed appropriate.

(Prior code § 7298.02)

19.114.050 - Noncompliance with permit conditions.

Whenever a complaint has been received or any county official believes that the conditions of a permit, variance or other entitlement granted under the provisions of this title have been violated, the building official shall investigate such allegations. If such a violation, in the opinion of the building official, has occurred, an official notice to comply and/or compliance letter may be given. If correction of the violation(s) does not occur within the specified period, the building official may initiate revocation proceedings in accordance with the provisions of Section 19.102.020 of this title.

(Prior code § 7298.07)

Any person, business, or owner or possessor of any property who violates this chapter, or who, with the lawful authority to prevent it, causes, permits or allows such a violation, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for not exceeding six (6) months, or by both such fine and imprisonment. Each day the violation of this title continues shall be considered a separate offense.

(Ord. G-6551 § 125, 1998: Ord. G-5684 § 111, 1991: Ord. G-4832 § 185, 1988; prior code § 7298.04)

(Ord. No. G-8739, § 6, 10-24-17)

Whenever the building official or his designee has knowledge of a violation of Title 19 of this code, he may cause a notice of intent to record a notice of violation to be mailed to the then current owner of record of the property. The notice shall state that within thirty (30) days of the date of the notice, the owner may request a hearing with the board of supervisors to present evidence that a violation does not exist. The notice shall further describe the property and violation in detail.

Following the sending of the notice of intent to record a notice of violation and prior to recording the notice, if it is determined that no violation exists, the building official or his designee shall mail a clearance letter to the then owner(s) of record.

In the event that a meeting is not requested and the violation has not been corrected, the building official may record, without fee, a notice of violation and/or notice of substandard property in the office of the county recorder.

Upon request, the building official or his designee shall issue the affected property owner a notice of expungement of violation and/or a notice of substandard property upon correction of all violation(s) noticed hereunder.

(Ord. G-7482 § 109, 2007: Ord. G-7012 § 64, 2003; Ord. G-6551 § 126, 1998: Ord. G-6077 § 367, 1994: Ord. G-5346 § 106, 1990)

19.114.070 - Administrative penalties.

A.

Any person, business, or owner or possessor of any property who violates this chapter, or who, with the lawful authority to prevent it, causes, permits or allows such a violation, is subject to the regulations pertaining to the imposition and collection of administrative penalties as provided for in Chapter 8.54.

B.

Each day that more than six (6) cannabis plants are being cultivated on any legal parcel of record shall constitute a separate and distinct violation and shall be subject to all remedies provided in this title. Each cannabis plant grown in excess of six (6) on any legal parcel of record shall constitute, in and of itself, a separate and distinct violation of this chapter and shall be subject to all remedies provided in this chapter.

C.

In determining the amount of any administrative penalty, the enforcing officer shall take into consideration the nature, circumstances, extent and gravity of the violation or violations, any harm caused by the violation or violations, any prior history of violations, the degree of culpability, the responsible parties' ability to pay the penalty, the market value of the marijuana plants being cultivated in violation of this chapter, the assessed value of the land on which the violation or violations occurred and any other factors in furtherance of justice. The imposition of administrative penalties is not an exclusive remedy, but is in addition to all other civil and criminal remedies available to the county to remedy violations of this chapter.

D.

Administrative penalties for violation of this chapter shall be assessed as follows:

1.

A penalty up to one thousand dollars ($1,000.00) for violation of this chapter at the time a notice of violation is served on the responsible party or parties and either:

2.

a.

A penalty up to one thousand dollars ($1,000.00) per day for each day a violation remains unabated past the deadline set forth in the notice of violation; or

b.

For every plant being cultivated over the six-plant limit established by this chapter, a per plant penalty to be administered according to the following schedule for each day a violation remains unabated past the deadline set forth in the notice of violation:

E.

The enforcing officer shall begin the administrative process by issuance of a notice of violation.

If the violation does not create an immediate threat to health or safety, the enforcing officer shall provide for a reasonable period of time, not to exceed five (5) days from the date the notice of violation is served, for the responsible party or parties to abate the cultivation of all marijuana plants being cultivated in excess of six (6). If within the time period stated in the notice of violation the responsible party or parties completely remedy the violation, then the enforcing officer will take no further enforcement action relative to the excess cultivation violation other than collection of the administrative penalty imposed pursuant to subsection D.1.

If the violation creates an immediate threat to public health and safety, the violation may be summarily abated pursuant to Chapter 8.44.

F.

The notice of violation shall be issued on a form containing:

1.

The name and address of the responsible party or parties;

2.

The address of the real property where the violation occurred;

3.

A statement of the acts, events or conditions which resulted in violation of this chapter, including a reference to this chapter and the date(s) of occurrence;

4.

The amount of the administrative penalty to be imposed pursuant to subsection D.1.;

5.

The number of days the responsible party or parties have to abate the violation or be subject to the imposition of additional administrative penalties pursuant to subsection D.2.;

Identification of appeal rights, including the time the notice of violation may be appealed to the board of supervisors;

7.

Notification that appeal to the board of supervisors does not toll the daily accrual of administrative penalties; and

8.

The signature of the public official issuing the notice of violation and the date the notice was issued.

9.

A statement of financial condition form shall accompany the notice of violation.

G.

Following expiration of the time period for abatement stated in the notice of violation, if all plants being cultivated in excess of twelve (12) have not been abated, then the enforcing officer may issue a notice of violation and imposition of daily administrative penalty, which shall be issued on a form containing:

1.

The name and address of the responsible party or parties;

2.

The address of the real property where the violation occurred;

3.

A statement of the acts, events or conditions which resulted in violation of this chapter, including a reference to this chapter and the date(s) of occurrence;

4.

That the time period allowed for abatement has lapsed and the violation has not been abated;

5.

The amount of the daily administrative penalty to be imposed, the reasons for it and that the penalty will be imposed each day the violation remains unabated;

6.

Identification of appeal rights, including the time within which the notice of violation and imposition of daily administrative penalty may be appealed to the board of supervisors;

7.

Notification that appeal to the board of supervisors does not toll the daily accrual of administrative penalties; and

8.

The signature of the public official issuing the notice of violation and the date the notice was issued.

H.

The notice of violation and the notice of violation and imposition of daily administrative penalty may be combined with a notice and order to abate issued pursuant to Chapter 8.44.

I.

All notices provided for in this chapter shall be served by first class mail, postage prepaid, as follows:

1.

On the responsible party or parties at the address of the real property where the violation occurred;

2.

On the real property owner(s) at any address appearing on the last equalized county assessment roll; and

3.

The last known address of any responsible party if other than the real property where the violation occurred.

Service made as provided in this chapter shall be effective on the date of mailing.

J.

In lieu of personally serving any of the notices as provided in subsection I., service of the notices may be made as follows:

1.

By leaving a copy during usual business hours with the person apparently in charge of the responsible party's place of business and thereafter mailing by first class mail, postage prepaid, a copy to the responsible party at the address where the copy was left; or

2.

By leaving a copy at the responsible party's dwelling or usual place of abode and thereafter mailing by first class mail, postage prepaid, a copy to the responsible party at the address where the copy was left; or

3.

If the responsible party has a property manager or rental agent overseeing the premises, service may be effected as provided in subsection J.1. or J.2. on the manager or rental agent; or

4.

If a responsible party or parties cannot be located or served as provided in subsection J.1., J.2., or J.3., then by posting the property with the notice and mailing a copy of the notice by first class mail, postage prepaid, to the address of the real property where the violation occurred or is occurring.

K.

The failure of any responsible party or other person to receive any notice required to be given or posted pursuant to this chapter shall not affect in any manner the validity of any proceedings taken pursuant to this chapter.

L.

The notice of violation and the notice of violation and imposition of daily administrative penalty shall inform the recipients of their right to request a hearing before the board of supervisors in accordance with this chapter. If such a hearing is not requested within ten (10) days after issuance of the notice, the proposed penalty shall become final and conclusive, and the person or persons to whom the notice was issued shall immediately make payment of the penalty amount to the county.

Filing an appeal shall not toll the daily accrual of administrative penalties.

A hearing shall be requested by completion of a request for hearing form and returning it to the address stated on the form within ten (10) days after issuance of the notice.

M.

If any recipient of a notice of violation or the notice of violation and imposition of daily administrative penalty requests a hearing before the board of supervisors, the person shall be notified by first class mail, postage prepaid, when the matter is set for hearing. Whenever possible, the hearing shall be set within fifteen (15) days after the request is made.

If the violation has been abated, the hearing notification shall state the final amount of the penalty to be imposed. If the violation has not been abated, the notification shall state the amount of the penalty as of the time of the notification and the estimated amount the penalty will be as of the time of the board hearing if the violation remains unabated.

After the hearing, the board may impose, modify, or disapprove, in whole or in part, by its own order, the penalty set forth in the notice. The decision of the board shall be final and conclusive. Any order of the board shall become effective upon issuance and shall be served by first class mail, postage prepaid, upon the appellant. Payment of an administrative penalty specified in the board's order shall be made to the county within twenty (20) days of service of the order, unless timely appealed to the superior court.

N.

Interest shall accrue on all amounts due under this section at the legal rate, from the effective date of the administrative penalty order to the date payment is made pursuant to the laws applicable to civil money judgments.

In addition to any other legal remedy, whenever the full amount of the administrative penalty has not been fully satisfied within thirty (30) days after the penalty becomes final, the amount owed may be declared a lien on real property owned by the responsible party or parties pursuant to Section 8.54.130 and may also be declared a special assessment against real property owned by the responsible party or parties pursuant to Section 8.54.130. In addition, the county may withhold issuance of licenses, permits and other entitlements for any property owned, possessed or leased by the responsible party whenever an administrative penalty resulting from a violation of this chapter remains unpaid.

O.

Administrative penalties imposed pursuant to this chapter shall also constitute a personal obligation of each responsible party. In the event that administrative penalties are imposed on two (2) or more persons for the same violation, all such persons shall be jointly and severally liable for the full amount of the penalties imposed. In addition to any other remedy, the county may prosecute a civil action to collect any administrative penalty imposed pursuant to this chapter.

P.

The payment of administrative penalties does not bar the county from taking any other enforcement action regarding a violation that is not corrected within the time period stated in the notice of violation. This chapter does not supersede Kern County Ordinance Code Chapter 8.54.

(Ord. G-7482 § 109, 2007)

(Ord. No. G-8739, § 6, 10-24-17)

Any person, business, or owner or possessor of any property who violates this chapter, or who, with the lawful authority to prevent it, causes, permits or allows such a violation, shall be liable in a civil action brought in the name of the county, or in the name of the people of the State of California by the district attorney, in any competent jurisdiction of the state court system for the following: 1) equitable relief which may be issued by the court in order to enjoin any conduct, past conduct, or proposed conduct which constitutes a violation of this title; 2) all costs incurred by the county in enforcing the provisions of this title, including but not limited to, any costs of investigation and abatement; 3) reasonable attorney fees incurred by the county in enforcing the provisions of this title, if the county elects to specifically plead for the

recovery of such attorney fees in the complaint, otherwise attorney fees shall not be recoverable by either party; and 4) civil penalties which shall be issued by the court, in an amount not to exceed one thousand dollars ($1,000.00) per violation, after considering the relevant circumstances of the case, including but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the duration of the misconduct, the willfulness of the misconduct, and the defendant's assets, liabilities, and net worth. If applicable, each day a violation of this title continues shall be considered a separate offense. The enforcement provisions and remedies set forth in this section are not exclusive, but are in addition to any other enforcement remedy available to the county under any applicable state or federal statute, the Kern County Ordinance Code, or any other lawful power the county may possess. If any part of this section is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity,

unlawfulness, or unconstitutionality, shall not affect the validity, lawfulness, or constitutionality of any other part of this section.

(Ord. G-7012 § 65, 2003; Ord. G-6551 § 127, 1998: Ord. G-5684 § 113, 1991: prior code § 7298.06)

(Ord. No. G-8739, § 6, 10-24-17)

Editor's note— Ord. No. G-8739, § 6, adopted Oct. 24, 2017, changed the title of § 19.114.080 from "injunctive relief" to to read as herein set out.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, or any use of land, building or premises conducted, operated or maintained contrary to the provisions of this title or contrary to a permit or variance or the terms and conditions imposed therein is declared to be unlawful and a public nuisance, and the building official and/or the district attorney shall commence action or proceedings for the abatement and removal and/or enjoinment thereof in the manner provided by this code or law and shall take such other steps and shall

apply to such court or courts as may have jurisdiction to grant relief as will abate and remove such building or structure and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building, structure or vehicle or using any property contrary to the provisions of this title.

(Ord. G-6551 § 128, 1998: Ord. G-5684 § 113, 1991)

Any violation of this title requiring compliance with development standards contained in this title, or requiring compliance with conditions adopted in conjunction with the issuance of a discretionary permit pursuant to this title, shall not be deemed to be abated until such time as all applicable standards and/or adopted conditions of approval have been satisfied.

(Ord. G-7189 § 100, 2005)

This section establishes procedures for the recovery of administrative costs incurred by the county in the enforcement process, for the abatement of conditions defined as a violation by Section 19.04.879 in cases where no permit is required pursuant to the provisions of this title to abate such violation. These procedures are used where a violation is abated in advance of initiation of the procedures specified by this chapter.

A.

Definition of Costs. For the purpose of this chapter, costs shall mean administrative costs, including staff time expended and reasonably related to violation abatement cases where no permit is required, for items including, but not limited to, attorney's fees, investigation, site inspection and monitoring, reports, telephone contacts, correspondence, photography labs, consultants and meetings with affected parties.

B.

Cost Accounting and Recovery Required. The enforcement personnel shall maintain records of all administrative costs incurred by responsible county departments associated with the enforcement process pursuant to this chapter and shall recover the costs from the property owner as provided by this section. Staff time shall be calculated at an hourly rate as established and revised from time to time by the planning director.

C.

Notice of Cost Recovery Requirements. The enforcement personnel shall include in the notice of violation a statement of the intent of the county to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing if he or she objects to such charges. The notice shall state that the property owner will receive, at the conclusion of the enforcement case, a summary of administrative costs associated with the processing of the enforcement case at the hourly rate in effect at the time the case is initiated. The notice shall state that the property owner will have the right to object to the charges by filing a request for hearing with the board of supervisors within thirty (30) days of service of the summary of charges, pursuant to subsection (D) of this section.

D.

Summary of Costs. At the conclusion of the enforcement case, the enforcement personnel shall send a summary of costs associated with enforcement to the property owner by certified mail. The summary shall include a notice which states that if the owner objects to the charges, a request for hearing must be filed as provided by subsection (E) of this section, and that if no such hearing is requested, the owner's right to object will be waived, and he or she will be fully liable for the charges, to be recovered in a civil action in the name of the county, in any court of competent jurisdiction within the county.

E.

Hearing on Objection to Charges. Any property owner who receives a summary of costs pursuant to subsection (D) of this section shall have the right to a hearing before the board of supervisors on his or her objections to the proposed costs, as follows:

1.

Request for Hearing. A request for hearing shall be filed with the planning department within thirty (30) days of the service by mail of the summary of costs, in the form of a letter setting forth the nature of the property owner's objections to the costs.

2.

Scheduling of Hearing. Not less than ten (10) days of the filing of the request for hearing, and on thirty (30) days written notice to the owner, the board of supervisors shall hold a hearing on the owner's objections and determine the validity thereof.

3.

Decision by the Board of Supervisors. In determining the validity of the costs, the board of supervisors shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered

include, but are not limited to, whether the present owner created the violation, whether there is a present ability to correct the violation, whether the owner moved promptly to correct the violation, the degree of cooperation provided by the owner, whether reasonable minds can differ as to whether a violation exists. The decision of the board of supervisors shall be final.

F.

Collection of Charges. In the event that no request for hearing is filed pursuant to subsection (E) of this section or after a hearing, the board of supervisors affirms the validity of the costs, the property owner shall be liable to the county in the amount stated in the summary or any lesser amount as determined by the building official. The county shall be reimbursed for all of the costs within forty-five (45) days from the date of decision pursuant to subsection (E) or, if no appeal is filed, within thirty (30) days from the mailing of the summary of costs pursuant to subsection (D) of this section. Payment may be received at the planning department. Delinquent fees shall be subject to a penalty of twenty-five percent (25%) of the total summary of costs. If payment is not received, such costs shall be recoverable in a civil action in the name of the county in any court of competent jurisdiction within the country.

(Ord. G-7012 § 66, 2003; Ord. G-6551 § 129, 1998: Ord. G-6077 § 368, 1994: Ord. G-5966 § 158, 1993: Ord. G-5684 § 115, 1991)

Chapter 19.116 - LIQUOR LICENSE—DETERMINATION OF PUBLIC CONVENIENCE

In order to comply with the provisions of the State of California Business and Professions Code as it relates to the issuance, upgrade and transfer of liquor licenses, the following procedures and requirements are adopted by the Kern County board of supervisors with respect to consideration of requests for determination of public convenience.

(Ord. G-6279 § 2 (part), 1996)

19.116.020 - Application.

A.

All requests for a determination of public convenience for the issuance, upgrade or transfer of a liquor license pursuant to the State of California Business and Professions Code shall be filed with the Kern County planning department in application form as specified by the planning director.

B.

Minimum application information shall include, but shall not be limited to, the following:

1.

The address for which the liquor license is requested;

The assessor's parcel number for the proposed license location;

3.

A description of the type of liquor license proposed;

4.

A brief history of land use on the property for which the license is proposed and, if applicable, the length of time that any previous license has been in effect;

5.

A brief statement in support of a determination that issuance of the requested license is in the public convenience;

6.

A copy of the application submitted to the State of California, Department of Alcoholic Beverage Control; and

7.

Names and locations of any other liquor licensee within a five hundred (500) foot radius of the proposed license location.

(Ord. G-6279 § 2 (part), 1996)

Upon submittal of all required information in support of a request for a determination of public convenience and payment of the filing fee by the applicant, the planning department shall serve notice no later than ten (10) days prior to the scheduled public hearing to consider the request. Said notice shall be provided by mail to all property owners and existing liquor licensees within five hundred (500) feet of the location for which the liquor license is requested. An additional notice shall also be mailed to the Kern County sheriff's department. The required notice shall contain the following:

A.

Purpose of the notice;

B.

Date, time and location of the public hearing to consider the request;

C.

Location for which the liquor license is requested;

D.

Type of liquor license requested;

E.

Name of the department, staff member and address where additional information can be obtained or written comments submitted; and

F.

An explanation that the notice is for county purposes only and is not a substitute for any notice that the state of California may provide or require.

(Ord. G-6279 § 2 (part), 1996)

A.

The board of supervisors shall conduct a public hearing for the purpose of considering testimony, both verbal and written, related to the request for public convenience. In order to assist the board of supervisors, the planning department shall prepare a written staff report prior to the date of the public hearing. Such report shall contain, but shall not be limited to, the following:

1.

Location of requested license;

2.

Any pertinent history or background related to the property;

3.

Type of license requested;

4.

Recommendation related to the request and recommended findings in support of the recommendation; and

5.

Copies of any correspondence received.

B.

Upon the conclusion of the public hearing and any continuances thereof, the board of supervisors shall adopt a resolution with findings setting forth the decision related to the request.

(Ord. G-6279 § 2 (part), 1996)

Chapter 19.118 - REGULATION OF TRANSPORT OR TRANSFERS OF NATIVE GROUNDWATER OUTSIDE KERN COUNTY AND ITS WATERSHEDS, INCLUDING THOSE THROUGH JOINT USE OF CAPACITY IN AND SALES TO OWNERS OR OPERATORS OF WATER CONVEYANCE FACILITIES

A.

Under existing law, it is the policy of the state to facilitate the transport or transfer of water and water rights where consistent with the public welfare of the place of export.

B.

Under the provisions of the California Water Code (hereafter "Water Code") Sections 1810 et seq., neither the state nor any regional or local public agency may deny a bona fide transferor of water, as defined, the use of a water conveyance facility which has unused capacity as defined, for the period of time for which that capacity is available, if fair compensation, as specified, is paid for that use, subject to conditions specified in Water Code Sections 1810(a), (b), (c) and (d).

C.

Water Code Section 1810(d) provides that use of a water conveyance facility to transfer water may be denied if the use of the water conveyance facility will injure any legal user of water, will unreasonably affect fish, wildlife or other instream beneficial uses, or will unreasonably affect the overall economy or the environment of the county from which the water is being transferred.

D.

Transfers or transport of native groundwater from Kern County to any area located both outside the watershed of the aquifer producing the water and the county, including those undertaken pursuant to Water Code Sections 1810 et seq., could adversely and significantly affect the overall economy or the environment of any part of Kern County.

E.

It is the purpose and intent of this chapter to establish an effective county policy concerning transfers or transport of native groundwater to any area located both outside both Kern County and the watershed of the aquifer producing the water, including those undertaken pursuant to Water Code Sections 1810 et seq., and sales from any water seller selling to the owner or operator of any water conveyance facility where the transferor, seller or buyer has the intent to or actually does use any native groundwater, directly or indirectly, outside both Kern County and the watershed of any aquifer underlying Kern County in whole or in part from which the water is produced or removed, that will assure that the overall economy and environment of any part of Kern County are protected in the manner described by Water Code Section 1810(d).

(Ord. G-6502 § 2 (part), 1998)

This chapter shall only apply to transport or transfers of native groundwater from or taking place in the unincorporated areas of Kern County lying within the southeastern drainage of the Sierra Nevada and Tehachapi mountain ranges as defined by the jurisdiction of the Lahontan Regional Water Quality Control Board.

As used in this chapter, the term "native groundwater" includes connate water and percolating groundwater originating as precipitation within Kern County or its watershed areas. The term "native groundwater" does not include water which is both recharged by artificial means, including water recharged through groundwater banking programs, and which originates outside Kern County and its watershed areas.

There shall be a rebuttable presumption that the quantity of imported water brought into the county is reduced by losses during both transport through and storage in Kern County, reducing the quantity available for unregulated delivery outside the county.

(Ord. G-6502 § 2 (part), 1998)

19.118.030 - Conditional use permit requirement.

Except as otherwise provided herein, any person, district, or public agency, including any bona fide transferor of water as defined in Water Code Section 1811(a), who proposes to engage, directly or indirectly, in the transport or transfer of native groundwater from Kern County, where the transporter, transferor, seller or buyer has the intent to use or actually does use any native groundwater, directly or indirectly, in any area located both outside Kern County and the watershed of any aquifer underlying Kern County in whole or in part from which the water is produced or removed, including transfers pursuant to the provisions of Water Code Sections 1810 et seq., or any water seller selling to the owner or operator of any water conveyance facility, shall first obtain a conditional use permit as provided in this chapter, prior to the commencement of any such water transport, transfer or delivery connected with a sale. The following are exempt from the application of this chapter:

A.

The transport or transfer of water during periods of declared emergency in order to prevent or mitigate the flooding of real property located within Kern County;

B.

The transport or transfer of water to the extent of the highest historical average annual quantity prior to December 15, 1997, by means of substantially similar transport facilities as established by claim of exemption determination and to the extent the transfer is to substantially the same areas as was done historically;

C.

The transport or transfer of water in the form of manufactured or processed goods or products, agricultural products, or in bottles or any other portable containers including tanker trucks;

D.

Water used within that portion of the community of Red Mountain located both outside the watershed for the Fremont Valley hydrologic unit and within Section 6 of Township 30 South, Range 41 East, Mount Diablo Base and Meridian.

Processing claims of exemption under subsections (A), (B), (C), and (D) of this section shall be guided generally by the procedures relating to establishment of nonconforming uses contained in Chapter 19.108 of this Code.

(Ord. G-6502 § 2 (part), 1998)

Applications for a conditional use permit for water transport or transfer subject to this chapter shall be processed generally in the same manner as other conditional use permit applications, and the fee shall be the same as the fee for processing other conditional use permit applications under Chapter 19.104 of this code. The CEQA notice of availability and the notice of the hearing on the CUP application shall each be given by mail to the owners, as shown on the latest equalized assessor's roll, of property overlying any part of the hydrologic unit, as shown on the latest Water Quality Control Plan for the Lahontan Region Plate 1B, from which the water is to be removed under the CUP.

(Ord. G-6502 § 2 (part), 1998)

A.

A conditional use permit for transport or transfer of native groundwater subject to this chapter shall not be approved, unless the decision-making authority makes a written finding that the proposed water transport or transfer will not unreasonably affect the overall economy of any part of Kern County and will not unreasonably affect the environment of any part of Kern County.

B.

A proposed water transfer or water transport shall be found by the decision making authority to affect unreasonably the overall economy of any part of Kern County or to affect unreasonably the environment of any part of Kern County, if the proposed transfer or water transport of native groundwater, including all proposed mitigation measures, will cause a significant effect or effects on the overall economy or the environment of any part of the county, or if the proposed native groundwater transport or transfer when added to all the other native groundwater extracted from the affected aquifer will result in native groundwater being removed from the affected aquifer at an annual rate exceeding one hundred (100) percent of the long-term average annual aquifer recharge. A determination of whether or not the proposed water transport or transfer will have a significant effect or whether a mitigation measure or measures will reduce such a significant effect to less than a significant level shall be made by the decision-making authority by generally referring to the analytical model of the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.), its guidelines, and relevant case law.

C.

In determining whether a proposed native groundwater transfer or transport will unreasonably affect the overall economy of any part of Kern County, the county decision-making authority shall consider all relevant factors, including but not limited to potential injuries to legal users of water in any part of the county, indirect economic impacts to suppliers, service providers, and others in any part of the county, impacts to the tax base of any part of the county, and the cumulative effects of the proposed water transport or transfer when considered together with the effects of past native groundwater transfers and past water transport to any area located both outside the county and the watershed of the aquifer producing the water, as well as the effects of all approved or anticipated future native groundwater transfers and transport to any areas located both outside the county and the watershed of the aquifer producing the water on any part of the county's overall economy.

D.

In determining whether a proposed native groundwater transport or transfer will unreasonably affect the environment of any part of Kern County, the decision-making authority shall consider all relevant factors, including but not limited to effects on plants, fish and wildlife and other instream uses, effects on water levels in wells, effects on springs and seeps, effects on riparian and groundwater dependant vegetation, effects on endangered plant or animal species, and the cumulative effects of the proposed water transfer or sale when considered together with the effects of past native groundwater transfers or sales and past water exports to any areas located both outside the county and the watershed of the aquifer producing the water, as well as the effects of approved or anticipated future native groundwater transfers and exports to any areas located both outside the county and the watershed of the aquifer producing the water on any part of the county's overall economy.

E.

Each finding made pursuant to this chapter shall contain a description of the evidence which supports the finding. The format for each finding shall be as follows: "FINDING" followed by specific "Evidence" in support thereof.

(Ord. G-6502 § 2 (part), 1998)

The decision-making authority shall incorporate into each conditional use permit for a transfer of native groundwater a monitoring and/or reporting program. The monitoring and/or reporting program shall be of such scope and extent as the decision-making authority finds to be necessary to ensure that the proposed native groundwater transfer will not unreasonably affect the overall economy or the environment of any part of the county. Such a monitoring and/or reporting program may include, but shall not be limited to, instream flow measurements, reports of the amounts of surface water diverted and/or amounts of groundwater pumped, monitoring of wells, monitoring of groundwater levels, monitoring of spring and seep flow, and monitoring of vegetation, wildlife, and fish.

(Ord. G-6502 § 2 (part), 1998)

19.118.070 - Modifications and revocation.

In the event that evidence obtained through the monitoring and/or reporting program or other evidence indicates that a native groundwater transport or transfer subject to a conditional use permit has unreasonably affected or has the potential to unreasonably affect the overall economy or the environment of any part of the county, the county decision-making authority shall conduct a noticed public hearing into the matter. If at the conclusion of the hearing, the decision-making authority finds that any native groundwater transport or transfer under a conditional use permit, if continued, would cause an unreasonable effect on the overall economy or the environment of any part of the county, the decisionmaking authority shall modify the provisions of the conditional use permit to the extent that it is necessary to avoid the occurrence of such an effect. If the decision-making authority finds that a native groundwater transport or transfer subject to a conditional use permit has unreasonably affected the overall economy or the environment of any part of the county, the decision-making authority shall order the implementation of such mitigation measures as it may find necessary to reduce the level of any such effects to a less than significant impact. In addition, the decision-making authority may modify the conditional use permit to the extent that it is necessary to avoid the occurrence of such unreasonable effects in the future or, alternatively, the decision-making authority may revoke a conditional use permit if it finds that the native groundwater transport or transfer cannot be continued without causing such an unreasonable effect. The permit process of this chapter shall not be construed to grant any right or entitlement, but rather the conditional use permit evidences that the health, welfare and safety of the residents of any part of the county will not be harmed by the transfer or transport of native groundwater subject to the conditional use permit. The conditional use permit in no way exempts, supersedes, or replaces any other applicable provision of federal, state, or local law or regulations, and any actions provided for in California groundwater law, well drilling and maintenance or building permit requirements.

(Ord. G-6502 § 2 (part), 1998)

If any section, subsection, sentence, clause or phrase of this chapter is for any reasons held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Kern County board of supervisors declares that it would have passed this chapter and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional.

(Ord. G-6502 § 2 (part), 1998)

The county may elect to proceed with a civil action against a violator, including injunctive relief. Any person, district, public agency or otherwise who may violate this chapter shall be subject to fines of up to five thousand dollars ($5,000.00) per separate violation. A separate violation shall exist for each and every day or portion thereof during which such violation is committed, continued, or permitted, and a separate violation shall exist for each and every groundwater well or other water source used on any day or portion thereof to commit, continue, or permit each such violation.

(Ord. G-6502 § 2 (part), 1998)