§ 22.164

Specific terms used in this Chapter are defined in Section 22.14.050 of Division 2 (Definitions), under "Explosive and Explosives."

(Ord. 2019-0004 § 1, 2019.)

22.164.020 - Applicability.

A.

General Applicability. No quantity of explosives, other than gunpowder, in excess of 100 pounds, or gunpowder in excess of 750 pounds, shall be stored or kept in any place, house, or building in the County without a permit as specified in this Chapter, unless said explosives are contained in a magazine situated, constructed, operated, and maintained in the manner described in Part 1 (High Explosives) of Division 11 of the California Health and Safety Code.

B.

Exemption. This Chapter shall not apply to any explosive in transit in railway cars or other vehicles, or to any explosive awaiting transportation in or delivery from a railway car or other vehicle, or to the transfer of any such explosive from a car of one railway company to a car of a connecting railway company, provided that the car or other vehicle in which said explosive is being transported, or is awaiting transportation or

delivery, shall be kept locked or guarded; and provided further that the time during which such explosive is kept waiting transportation or delivery shall not exceed 24 hours.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Explosives Permit Checklist.

B.

Type II Review. If the application request is to store explosives for not more than three months and there is no permit in force for that location, the application shall be filed and processed in compliance with Chapter 22.228 (Type II Review—Discretionary) and this Chapter.

C.

Type III Review. If the application request is to store explosives for more than three months, the application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

D.

Agency Review.

1.

The Director shall immediately notify the Fire Department of every application for a permit to keep or store explosives. Where a public hearing is to be held, the Director shall notify the Fire Department of the time and place thereof.

2.

The Fire Department, within 10 days after receipt of a copy of the application for a permit, shall furnish to the Director a report thereon as to whether or not in the Fire Chief's opinion explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the application.

(Ord. 2019-0004 § 1, 2019.)

22.164.040 - Findings and Decision.

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.220.200 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The report of the Fire Department indicates the explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the application.

2.

The requested explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the applicant.

(Ord. 2019-0004 § 1, 2019.)

The Commission or Hearing Officer shall consider and may impose such conditions as deemed necessary to protect the public health, safety, and general welfare, and to prevent material detriment to the property of other persons located in the vicinity of such proposed use. The Commission or Hearing Officer may also approve the permit contingent upon compliance with applicable provisions of other ordinances.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.166 - HOUSING PERMITS