Chapter 22.172 — NONCONFORMING USES, BUILDINGS AND STRUCTURES

22.172.010 - Definitions.

A.

As used in this Chapter the expressions "Type I, Type II, Type III, Type IV, and Type V building" are used as defined Title 26 (Building Code) of the County Code.

B.

"Building or structure, nonconforming due to standards" and "building or structure, nonconforming due to use" are defined in Section 22.14.020 of Division 2 (Definition).

(Ord. 2019-0004 § 1, 2019.)

Except as specified otherwise, the following regulations shall apply to all nonconforming uses and to all buildings or structures nonconforming due to use and/or standards as specified herein:

A.

Continuation. A nonconforming use or a building or structure nonconforming due to use and/or standards may be continuously maintained provided there is no alteration, enlargement, or addition to any building or structure; no increase in occupant load; nor any enlargement of area, space, or volume occupied by or devoted to such use, except as otherwise provided in this Title 22.

B.

Additions to a Nonconforming Use or a Building or Structure Nonconforming Due to Use and/or Standards. This Section does not authorize the extension, expansion, or enlargement of the area of land or the area within a building or structure devoted to a nonconforming use, or the alteration, enlargement of, or addition to a building or structure nonconforming due to use and/or standards, or permit the addition of land, buildings, or structures used in conjunction with a nonconforming use or a building or structure nonconforming due to use and/or standards except:

1.

To the extent required by a subsequently enacted or subsequently adopted law, ordinance, or regulation, and the Director so finds. Such additions as are permitted by this Subsection B shall not be construed to extend the termination date of the subject nonconforming use, or a building or a structure nonconforming due to use.

2.

Additions may be made to a building nonconforming due to use and/or standards which is designed for and used as a residence without requiring any additional parking space or driveway paving; provided that such additions neither increase the number of dwelling units in such structure, nor occupy the only portion of an area which can be used for required parking space or access thereto.

C.

Additions to a Building or Structure Nonconforming Due to Standards. Additions may be made to a building or structure nonconforming due to standards which is not in violation of any provisions of this Title 22 and is nonconforming only because it does not meet the following standards of development as provided herein:

Yards, provided such addition or expansion is developed pursuant to the yard requirements of this Title 22.

2.

Building height limits, but not including floor area ratio or maximum lot coverage provisions, provided such addition or expansion is developed pursuant to the height requirements of this Title 22.

3.

Parking facilities including width of access and paving, improvement, number of spaces, and landscaping of parking areas; provided, that parking spaces for such addition, increase in occupant load or expansion shall be developed pursuant to the provisions of Chapter 22.112 (Parking). Such addition or expansion shall not occupy the only portion of an area which can be used for the required parking space or access thereto. Where the number of parking spaces provided prior to such addition is sufficient to comply with said Chapter 22.112 after such expansion, the existing development of such parking facilities shall be deemed to comply with this Subsection C.

4.

Such additions as are permitted by this Subsection C shall not be construed to authorize the modification of any provision of this Title 22 nor extend the termination date of the subject nonconforming use.

D.

Conforming Uses in a Building or Structure Nonconforming Due to Standards Other Than Parking. A building or structure nonconforming due to standards other than parking may be occupied by any use permitted in the zone in which it is located, subject to the limitations and conditions governing such use as specified in the zone.

E.

Conforming Uses in a Building or Structure Nonconforming Due to Parking. A building or structure nonconforming due to parking standards may be occupied by any use permitted in the zone in which it is located subject to the limitations and conditions governing such use as specified in the zone; provided, that:

1.

The use has the same or lesser parking requirement as the existing or previous use; or

2.

If the use has a greater requirement than the existing or previous use, a sufficient number of additional parking spaces is developed to accommodate the increased amount of space required by the new use.

F.

Buildings or structures, for which a valid building permit has been issued prior to the effective date, or operative date where later, of the ordinance codified herein, or any amendments thereto, making such

building or structure nonconforming due to use and/or standards, may be completed and used in accordance with the provisions of this Title 22, provided:

1.

That such construction or the proposed use of such building or structure under construction is not in violation of any other ordinance or law at said effective or operative date; and

2.

That such building or structure is completed within:

a.

One year from said effective or operative date, if two stories or less in height and not more than 70,000 square feet in floor area, except that one additional month shall be permitted for each 15,000 square feet in excess of said 70,000 square feet,

b.

One and one-half years from said effective or operative date, if three to six stories in height and not more than 100,000 square feet in floor area, except that one additional month shall be permitted for each 15,000 square feet in excess of said 100,000 square feet, or

c.

Two years from said effective or operative date if seven stories or more in height and not more than 150,000 square feet in floor area except that one additional month shall be permitted for 15,000 square feet in excess of said 150,000 square feet; and

3.

That such building or structure is completed in accordance with the plans and specifications on which such building permit was issued.

G.

Repair of Damaged or Partially Destroyed Buildings or Structures Nonconforming Due to Use or Standards. Any building or structure nonconforming due to use or standards which is damaged or partially destroyed may be restored to the condition in which it was immediately prior to the occurrence of such damage or destruction, provided:

1.

That the cost of reconstruction does not exceed 50 percent of the total market value of the building or structure as determined by:

a.

The current assessment roll immediately prior to the time of damage or destruction, or

b.

A narrative appraisal prepared by a certified member of a recognized professional appraiser's organization; provided, that such appraisal is first submitted to and approved by the Director. Submission of an appraisal shall be at the option of the applicant. In verifying the accuracy of the appraisal submitted, the Director may request additional supporting information from the applicant and/or may conduct an investigation including a request for technical assistance from any source which in the Director's opinion can contribute information necessary to complete such evaluation. Further, the Director may also obtain an independent narrative appraisal of the applicant's property to verify the accuracy of the appraisal submitted by the applicant. Where a discrepancy exists between the applicant's appraisal and the appraisal prepared pursuant to the Director's request, the Director may at the Director's discretion determine the market value of the applicant's property based on the evidence submitted and the Director's decision is final; provided, that the applicant shall first have the opportunity to file additional information to substantiate the accuracy of the appraisal submitted by the applicant. Where the Director undertakes an investigation and/or requests that an independent appraisal be prepared as provided herein, the applicant shall pay to the County the actual cost of conducting such investigation and/or the appraisal. Value shall be determined by the use of the assessment roll in all instances where an appraisal prepared pursuant to this Subsection G is not approved by the Director. Such costs shall not include the land or any factor other than the building or structure itself.

2.

That all reconstruction shall be started within one year from the date of damage and be pursued diligently to completion.

H.

Maintenance of Buildings or Structures Nonconforming Due to Use. When maintenance or routine repairs within any 12-month period exceed 25 percent of the current market value of a building or structure nonconforming due to use, or a building or structure nonconforming due to standards which is subject to termination by operation of law as specified in Section 22.172.050.B (Termination by Operation of Law), such building or structure shall be made to conform to the requirements for new buildings or structures as specified by this Title 22. This provision does not apply to additions permitted by this part or to Section 22.110.110.B (Relocation of Buildings and Structures for Public Use). Market value shall be determined by the method specified in Subsection G, above.

I.

Maintenance and Operation of Nonconforming Uses in Green Zone. Nonconforming uses described in Section 22.84.050.C (Nonconforming Uses) may be maintained and operated within the time limits specified in Section 22.172.050.B.3 (Green Zone). If the use was established by a discretionary permit pursuant to this Title 22, maintenance and operation shall be subject to the conditions of approval of the discretionary permit. For all other uses, maintenance and operation shall be subject to the following:

1.

Hours of Outdoor Operation. No outdoor operation or activities shall be conducted between 6:00 p.m. and 8:00 a.m., daily, with the exception of truck loading and unloading into an enclosed building only;

2.

Storage of Materials and Waste. All materials or waste shall be stored in designated receptacles, bins, or pallets, and located on a paved impermeable surface on-site or within an enclosed building; and

3.

Site Maintenance. Other than for the collection or receipt of items related to the principal use, exterior areas of the premises shall be maintained free of garbage, trash, debris, or junk and salvage, except as stored in designated trash collection containers and enclosures.

J.

Limitation on Additional Development. No new principal use, building, or structure shall be developed on any lot containing a nonconforming use or a building or structure nonconforming due to use and/or standards unless the following conditions prevail:

1.

That each existing and proposed principal use, building or structure, including any appurtenant structures, improvements and open space, will be located on a lot having the required area as provided in Section 22.110.130 (Required Area and Width), Section 22.110.140 (Required Area or Width for Specific Circumstances), and Section 22.110.160 (Resubdivision Conditions for Undersized or Underwidth Lots);

2.

That such lot can be divided into smaller lots each of which when considered as a separate lot will contain not less than the required area; and

3.

That each such lot so divided into smaller lots will comply with the requirements of this Title 22 as to the number and location of structures, including the provisions pertaining to the maximum density in Section 22.02.050.B.2 (Maximum) or Section 22.06.020 (Suffixes to Zoning Symbols).

K.

Conversion of nonconforming hotels, motels, and youth hostels to transitional housing or shelters shall be permitted, subject to Section 22.140.660 (Motel Conversions, Temporary) and Section 22.130.200 (Motel Conversions, Permanent).

L.

The provisions of this Section shall not be construed to extend the termination date of such nonconforming uses, buildings, and structures.

M.

Notwithstanding the other provisions of this Chapter 22.172, an accessory dwelling unit or junior accessory dwelling unit in compliance with Section 22.140.640 (Accessory Dwelling Units and Junior Accessory Dwelling Units) may be developed on a lot containing a single-family or multi-family residence nonconforming due to use and/or standards so long as a residential use is permitted or conditionally permitted in the zone in which the single-family or multi-family residence is located.

(Ord. 2025-0029 § 9, 2025; Ord. 2024-0028 § 23, 2024; Ord. 2021-0017 § 31, 2021; Ord. 2021-0010 § 39, 2021; Ord. 2019-0020 § 20, 2019; Ord. 2019-0004 § 1, 2019.)

Any publicly owned nonconforming use or building or structure nonconforming due to use and/or standards, including but not limited to, schools, colleges, parks, libraries, fire stations, Sheriff stations and other public sites, may be added to, extended, or altered if such additions, extensions, or alterations do not extend beyond the boundaries of the original site established prior to the time approval was required. Nothing in this Title 22 pertaining to nonconforming due to use and/or standards shall be construed to require the termination, discontinuance or removal of such uses, buildings or structures except as provided in Section 22.238.050 (Nonconforming Uses and Structures—Additional Grounds).

(Ord. 2019-0004 § 1, 2019.)

Any building or structure of a public utility made nonconforming by the provisions of this Title 22, including equipment or other facilities necessary for operating purposes; but excluding offices, service centers, or yards; may be added to, extended, or altered, provided, there is no change in use or enlargement of the original site established prior to the time such approval was required. Nothing in this Title 22 pertaining to nonconforming uses or buildings and structures nonconforming due to use or standards shall be construed to require the termination, discontinuance, or removal of such uses, buildings or structures except as provided in Section 22.238.050 (Nonconforming Uses and Structures—Additional Grounds).

(Ord. 2019-0004 § 1, 2019.)

The following regulations shall apply to all nonconforming uses and buildings and structures nonconforming due to use, and to buildings and structures nonconforming due to standards as specified in this Section.

A.

Termination by Discontinuance. Discontinuance of a nonconforming use or of the use of a building or structure nonconforming due to use and/or standards as indicated herein shall immediately terminate the right to operate or use such nonconforming use, building or structure, except when extended as otherwise provided in this Title 22:

1.

Changing a nonconforming use to a conforming use;

Removal of a building or structure nonconforming due to use or standards;

3.

Discontinuance of a nonconforming use or use of a building or structure nonconforming due to use for a consecutive period of two or more years;

4.

Discontinuance of the use of a building or structure nonconforming due to standards, in those cases where such building or structure is subject to termination by operation of law as specified in Subsection B.2, below, for a consecutive period of two or more years.

B.

Termination by Operation of Law. Nonconforming uses and buildings or structures nonconforming due to use, and those buildings or structures nonconforming due to standards enumerated in this Section, shall be discontinued and removed from their sites within the time specified in this Section, except when extended or revoked as otherwise provided in this Title 22:

1.

In the case of nonconforming uses and buildings or structures nonconforming due to use:

a.

Where the property is unimproved, one year;

b.

Where the property is unimproved except for buildings or structures of a type for which Title 26 (Building Code) of the County Code does not require a building permit, three years;

c.

Where the property is unimproved except for buildings or structures which contain less than 100 square feet of gross floor area, or where such buildings or structures have a total market value of $500 or less as reflected by the current assessment roll, three years;

d.

Outdoor advertising signs and structures, five years;

e.

Where a nonconforming use is carried on in a conforming structure, five years except where the provisions of Subsection C, below, or as otherwise provided in this Title 22, apply;

f.

In other cases, 20 years from the effective date or operative date where later of the ordinance or amendment thereto establishing said nonconforming status, and for such longer time so that the total life of the structure from the date of construction, based on the type of construction as defined by Title 26 (Building Code) of the County Code, will be as follows:

i.

Type IV and Type V buildings used as:

(1)

Three-family dwellings, apartment houses and other buildings used for residential occupancy, 35 years;

(2)

Stores and factories, 25 years;

(3)

Any other building not herein enumerated, 25 years;

ii.

Type III buildings used as:

(1)

Three-family dwellings, apartment houses, offices and hotels, 40 years;

(2)

Structures with stores below and residences, offices or a hotel above, 40 years;

(3)

Warehouses, stores and garages, 40 years;

(4)

Factories and industrial buildings, 40 years;

iii.

Type I and Type II buildings used as:

(1)

Three-family dwellings, apartment houses, offices and hotels, 50 years;

(2)

Theaters, warehouses, stores and garages, 50 years;

(3)

Factories and industrial buildings, 50 years;

2.

In the case of buildings or structures nonconforming due to standards, signs as follows:

a.

Signs as prohibited by Section 22.114.040 (Prohibited Signs Designated), 90 days;

b.

All other signs and sign structures except outdoor advertising signs, 10 years.

3.

Green Zone. Notwithstanding any other provisions in this Subsection B, nonconforming uses described in Section 22.84.050.C (Nonconforming Uses) shall be subject to the following time limits, with no request to further extend the time to continue such uses:

a.

If the use was established by a discretionary permit pursuant to this Title 22 and the discretionary permit contains a grant term, the use may continue until the end of the grant term, and, at the end of the grant term, the use shall be terminated;

b.

If the use was established by a discretionary permit pursuant to this Title 22 and the discretionary permit does not contain a grant term, the use shall be terminated on July 14, 2042; or

c.

For all other legally-established uses, the use shall be terminated on July 14, 2029.

C.

Exception. The termination periods enumerated in this Section shall not apply to one-family and two-family dwellings, accessory dwelling units, or junior accessory dwelling units.

(Ord. 2024-0028 § 24, 2024; Ord. 2023-0060 § 16, 2023; Ord. 2022-0023 § 40, 2022; Ord. 2021-0018 § 19, 2021; Ord. 2020-0059 § 13, 2020; Ord. 2019-0020 § 21, 2019; Ord. 2019-0004 § 1, 2019.)

22.172.060 - Review of Amortization Schedule or Substitution of Use.

A.

Applicability.

An application may be filed with the Director:

a.

Requesting extension of the time within which a nonconforming use or building or structure nonconforming due to use, or due to standards where applicable, must be discontinued and removed from its site as specified in Section 22.172.050.B (Termination by Operation of Law) or Section 22.246.010.D.2 (Considered Nonconforming Use When),

b.

Requesting substitution of another use permitted in the zone in which the nonconforming use is first permitted where a building or structure is vacant despite efforts to ensure continuation of a nonconforming use and is so constructed that it may not reasonably be converted to or used for a use permitted in the zone in which it is located, or

c.

Requesting repairs of one-family and two-family dwellings in excess of those provided for in Section 22.172.020.G (Repair of Damaged or Partially Destroyed Buildings or Structures Nonconforming Due to Use and/or Standards).

2.

The Director may accept such filing either before or after the date of expiration of such nonconforming use, building or structure.

3.

Exception. This Section shall not apply to nonconforming uses or buildings or structures nonconforming due to use or standards, pursuant to Chapter 22.84 (Green Zone).

B.

Application Review and Procedure.

1.

Application Checklist. The application submittal shall contain all of the materials required by the Nonconforming Uses, Buildings and Structures Review Checklist.

2.

Review and Procedures.

a.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

b.

Exception. In the instance where final action was taken to deny a nonconforming use, building or structure review prior to amendment of the facts required for approval adopted by this Chapter 22.172, effective December 26, 1980, the one-year restriction on reapplication shall not apply.

C.

Findings and Decision.

1.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.200 (Findings and Decision) and include the findings in Subsection C.2, below.

Findings.

a.

To require cessation of such use, building or structure would impair the property rights of any person to such an extent as to be an unconstitutional taking of property; and

b.

Such use, building or structure does not now and will not during the extension period requested:

i.

Adversely affect the health, peace or welfare of persons residing or working in the surrounding area, or

ii.

Be materially detrimental to the use, enjoyment, or valuation of the property of other persons located in the vicinity of the site, or

iii.

Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.

D.

Conditions of Approval. The Commission or Hearing Officer, in approving an application, may impose conditions deemed necessary to ensure that the approval will be in accordance with the findings required. Conditions imposed by the Commission or Hearing Officer may involve any pertinent factors affecting the establishment, operations, and maintenance of the uses, buildings, or structures requested including, but not limited to, those specified in Section 22.158.060 (Conditions of Approval).

(Ord. 2024-0028 § 25, 2024; Ord. 2022-0023 § 41, 2022; Ord. 2019-0004 § 1, 2019.)

Chapter 22.174 - OAK TREE PERMITS

The Oak Tree Permit is established: (a) to recognize oak trees as significant historical, aesthetic, and ecological resources, and as one of the most picturesque trees in Los Angeles County, lending beauty and charm to the natural and manmade landscape, enhancing the value of property, and the character of the communities in which they exist; and (b) to create favorable conditions for the preservation and propagation of this unique, threatened plant heritage, particularly those trees which may be classified as heritage oak trees, for the benefit of current and future residents of the County.

It is the intent of the Oak Tree Permit to maintain and enhance the general health, safety and welfare by assisting in counteracting air pollution and in minimizing soil erosion and other related environmental damage. The Oak Tree Permit is also intended to preserve and enhance property values by conserving and adding to the distinctive and unique aesthetic character of many areas of the County in which oak trees are indigenous. The stated objective of the Oak Tree Permit is to preserve and maintain healthy oak trees in the development process.

(Ord. 2019-0004 § 1, 2019.)

Specific terms used in this Chapter are defined in Section 22.14.150 of Division 2 (Definitions), under "Oak Tree Permits."

(Ord. 2019-0004 § 1, 2019.)

22.174.030 - Applicability.

A.

Damaging or Removing Oak Trees Prohibited — Permit Requirements. Except as otherwise provided in Subsection B, below, a person shall not cut, destroy, remove, relocate, inflict damage, or encroach into a protected zone of any tree of the oak genus which is:

1.

25 inches or more in circumference (eight inches in diameter) as measured four and one-half feet above mean natural grade; in the case of an oak with more than one trunk, whose combined circumference of any two trunks is at least 38 inches (12 inches in diameter) as measured four and one-half feet above mean natural grade, on any lot within the unincorporated area of the County; or

2.

Any tree that has been provided as a replacement tree, pursuant to Section 22.174.070 (Conditions of Approval), on any lot within the unincorporated area of the County, unless an Oak Tree Permit is first obtained as provided by this Chapter.

B.

Exemptions. An Oak Tree Permit is not required for:

1.

Any oak tree related to any permit, variance, or tentative map for a subdivision, including a minor land division, approved by the Board, Commission, Hearing Officer, or the Director prior to August 20, 1982, the effective date of this Chapter.

2.

Cases of emergency caused by an oak tree being in a hazardous or dangerous condition through structural weakness, insect damage or decay, or being irretrievably damaged or destroyed through flood, fire, wind, or lightning, as determined after visual inspection by the County Forester. Following this determination, the County Forester shall issue an Oak Tree Permit Exemption that will be filed with Regional Planning and expire in 90 days. Upon expiration, the tree must be re-inspected by the County Forester for a new Oak Tree Permit Exemption to be issued.

3.

Emergency or routine maintenance by a public utility necessary to protect or maintain an electric power or communication line or other property of a public utility.

4.

Tree maintenance, limited to medium pruning of branches not to exceed two inches in diameter in accordance with guidelines published by the International Society of Arboriculture intended to ensure the continued health of a protected tree.

5.

Trees planted, grown, or held for sale by a licensed nursery.

6.

Trees within existing road rights-of-way where pruning is necessary to obtain adequate line-of-sight distances and/or to keep street and sidewalk easements clear of obstructions, or to remove or relocate trees causing damage to roadway improvements or other public facilities and infrastructure within existing road rights-of-way, as required by the Director of Public Works.

7.

Temporary housing, in accordance with Chapter 22.252 (Woolsey Fire Disaster Recovery), Chapter 22.254 (Lake and Bobcat Fires Disaster Recovery), Chapter 22.256 (Disaster Recovery), Chapter 22.258 (Temporary Housing After a Disaster), or Section 22.336.070.O (Rebuilding after Disaster).

(Ord. 2023-0038 § 14, 2023; Ord. 2023-0025 § 3, 2023; Ord. 2019-0004 § 1, 2019.)

22.174.040 - Application and Review Procedures.

A.

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

B.

Additional Application Materials. In addition to Subsection A, above, the following application materials shall be required:

1.

Site Plan. The application shall require a site plan showing:

a.

Proposed construction, excavation, grading and/or landfill. Where a change in grade is proposed, the change in grade within the protected zone of each plotted tree shall be specified.

b.

The location of all oak trees subject to this Chapter proposed to be removed, damaged, encroached, or relocated, or within 200 feet of proposed construction, grading, landfill or other activity. Each tree shall be assigned an identification number on the plan, and a corresponding permanent identifying tag shall be affixed to the north side of each tree in the manner prescribed by Section 22.174.070 (Conditions of Approval). These identifications shall be utilized in the Oak Tree Report and for physical identification on the property where required. The protected zone shall be shown for each plotted tree.

c.

Location and size of all proposed replacement trees.

d.

Location of all surface drainage systems.

2.

Oak Tree Report.

a.

An Oak Tree Report certified to be true and correct shall be prepared by an individual with expertise acceptable to the Director and the Fire Department. The Oak Tree Report, as deemed acceptable by the Director and the Fire Department, shall identify each oak tree on the site plan as required by Subsection B.1, above, and shall contain the following information:

i.

The name, address, telephone number, and business hours of the preparer.

ii.

Evaluation of the physical structure of each tree as follows:

(1)

The circumference and diameter of the trunk, measured four and one-half feet above natural grade;

(2)

The diameter of the tree's canopy, plus five feet, establishing the protected zone;

(3)

Aesthetic assessment of the tree, considering factors such as but not limited to symmetry, broken branches, unbalanced crown, excessive horizontal branching; and

(4)

Recommendations to remedy structural problems where required.

iii.

Evaluation of the health of each tree as follows:

(1)

Evidence of disease, such as slime flux, heart rot, crown rot, armillaria root fungus, exfoliation, leaf scorch, and exudations;

(2)

Identification of insect pests, such as galls, twig girdler, borers, termites, pit scale, and plant parasites;

(3)

Evaluation of vigor, such as new tip growth, leaf color, abnormal bark, deadwood, and thinning of crown;

(4)

Health rating based on the archetype tree of the same species; and

(5)

Recommendations to improve tree health, such as insect or disease control, pruning, and fertilization.

iv.

Evaluation of the applicant's proposal as it impacts each tree shown on the site plan, including suggested mitigating and/or future maintenance measures where required and the anticipated effectiveness thereof.

v.

Identification of those trees shown on the site plan which may be classified as heritage oak trees.

vi.

Identification of any oak tree officially identified by a County resource conservation district.

vii.

Any other information required by the Director or the Fire Department.

b.

The requirement for an Oak Tree Report may be waived by the Director where a single tree is proposed for removal in conjunction with the use of a single-family residence listed as a permitted use in the zone, and/or such information is deemed unnecessary for processing the applications.

C.

Review Procedures.

1.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

2.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal).

3.

Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposits).

4.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

5.

Project evaluation and staff report shall be in compliance with Section 22.222.110 (Project Evaluation and Staff Report).

D.

Application Without a Public Hearing.

1.

An application to remove, encroach, or relocate not more than one oak tree in conjunction with a singlefamily residence permitted in the zone with a Ministerial Site Plan Review (Chapter 22.186), shall be filed and processed in compliance with this Subsection D and this Chapter. An oak tree defined as a Heritage Oak Tree in Chapter 22.14 (Definitions), shall not be eligible for review per this Subsection D, but shall be reviewed in accordance with Subsection E, below.

2.

When making a decision on the application in accordance with Section 22.226.040 (Decision), the Director may apply development standards to ensure compliance with this Chapter, including, but not limited to:

a.

The replacement of the oak tree proposed for removal or relocation in accordance with Section 22.174.070.A; and

b.

A plan for protecting oak trees on the subject property during and after development in accordance with Section 22.174.070.B.

3.

If the Director approves the application, and if the applicant is not the owner, the applicant shall provide an oak tree information manual prepared by and available from the Fire Department to the property owner, subsequent property owner, and any homeowners association.

E.

Application with a Public Hearing. Unless an application is filed pursuant to Subsection D, above, the public hearing shall be held pursuant to Section 22.222.120 (Public Hearing Procedure), provided:

1.

Notice Requirements. Notwithstanding Section 22.222.120.B.2 (Notice of Public Hearing), notification shall be provided as follows:

a.

Multiple Applications. Where an application for a permit or review that requires noticing is concurrently filed with an Oak Tree Permit application, notice of the Oak Tree Permit application shall be included in said notice.

b.

Single Applications. Where an Oak Tree Permit application is filed and Subsection D.1.a, above, does not apply, only the following notification shall be required:

i.

The Director not less than 30 days before the date of public hearing shall cause notice of such filing to be published once in a newspaper of general circulation in the County available in the community in which such application is proposed.

ii.

Such notice shall include the statement: "Notice of Oak Tree Permit Filing." Also included shall be information indicating the location of the subject property (address or vicinity), legal description of the property involved, the applicant's request, and the time and place of the proposed public hearing. The notice shall also provide the address and telephone number of the Department, and state that the Department may be contacted for further information.

2.

Findings and Decision. When making a decision on the application, the Commission or the Hearing Officer shall make findings in Section 22.174.060 (Findings). The decision of the Commission or Hearing Officer after the public hearing shall be made in compliance with Section 22.222.210 (Decision After Public Hearing).

F.

Agency Review. Upon receipt of an application, the Director shall refer a copy of the Oak Tree Report to the Fire Department. Review of the Oak Tree Report by the Fire Department shall comply with Section 22.174.050 (Review of Oak Tree Report by the Fire Department).

(Ord. 2023-0038 § 15, 2023; Ord. 2022-0008 § 107, 2022; Ord. 2019-0004 § 1, 2019.)

22.174.050 - Review of Oak Tree Report by the Fire Department.

A.

The Fire Department shall review the Oak Tree Report for accuracy of statements contained therein and shall make inspections on the project site. Such inspections shall determine the health of all oak trees on the project site and such other factors as may be necessary and proper to complete the review. A copy of the Fire Department's review shall be submitted in writing to the Director within 15 days after its completion. The review shall not be considered complete until the applicant pays to the Fire Department any fees and deposits for oak tree inspections and report reviews as required in Section 328 (Land Development and Environmental Review Fees) of Title 32 of the County Code.

B.

The Fire Department may suggest conditions for use by the Commission, Hearing Officer, or Director pursuant to Section 22.174.070 (Conditions of Approval).

C.

When the Fire Department determines that replacement or relocation on the project site of oak trees proposed for removal is inappropriate, the Fire Department may recommend that the applicant pay into the Oak Forests Special Fund the amount equivalent to the oak resource value of the trees described in the Oak Tree Report. The oak resource value shall be calculated by the applicant and approved by the Fire Department according to the most current edition of the International Society of Arboriculture's "Guide to Establishing Values for Trees and Shrubs."

D.

Funds collected for the Oak Forests Special Fund shall be used for the following purposes only:

1.

Establishing and planting new trees on public lands.

2.

Maintaining existing oak trees on public lands.

3.

Purchasing prime oak woodlands.

4.

Purchasing sensitive oak trees of cultural or historic significance.

E.

Not more than seven percent of the funds collected may be used to study and identify appropriate programs for accomplishing the purposes set forth in Subsection D, above.

(Ord. 2019-0004 § 1, 2019.)

22.174.060 - Findings.

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.200 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The proposed construction or proposed use will be accomplished without endangering the health of the remaining oak trees subject to Title 22 regulations, if any, on the subject property.

2.

The removal or relocation of the oak trees proposed will not result in soil erosion through the diversion or increased flow of surface waters which cannot be satisfactorily mitigated.

3.

In addition to the above facts, at least one of the following findings apply:

a.

That the removal or relocation of the oak trees proposed is necessary as continued existence at present locations frustrates the planned improvement or proposed use of the subject property to such an extent that:

i.

Alternative development plans cannot achieve the same permitted density or that the cost of such alternative would be prohibitive, or

ii.

Placement of such oak trees precludes the reasonable and efficient use of such property for a use otherwise authorized;

b.

That the oak trees proposed for removal or relocation interferes with utility services or streets and highways, either within or outside of the subject property, and no reasonable alternative to such interference exists other than removal of the trees; or

c.

That the condition of the oak trees proposed for removal with reference to seriously debilitating disease or danger of falling is such that it cannot be remedied through reasonable preservation procedures and practices.

4.

The removal of the oak trees proposed will not be contrary to or be in substantial conflict with the intent and purpose of the Oak Tree Permit procedure.

C.

Relocation of Trees. For purposes of interpreting this Section, it shall be specified that while relocation is not prohibited by this Chapter, it is a voluntary alternative offering sufficient potential danger to the health of an oak tree as to require the same findings as removal.

(Ord. 2022-0008 § 108, 2022; Ord. 2019-0004 § 1, 2019.)

Conditions may be imposed to ensure that the approval will be in accordance with the findings required by Section 22.174.060 (Findings and Decision). Such conditions may involve, but are not limited to, the following:

A.

The replacement of oak trees proposed for removal or relocation with oak trees of a suitable type, size, number, location, and date of planting. In determining whether replacement should be required, the Commission, Hearing Officer, or Director shall consider but is not limited to the following factors:

The vegetative character of the surrounding area.

2.

The number of oak trees subject to this Chapter which are proposed to be removed in relation to the number of such oak trees currently existing on the subject property.

3.

The anticipated effectiveness of the replacement of oak trees, as determined by the Oak Tree Report submitted by the applicant and evaluated by the Fire Department.

4.

The development plans submitted by the applicant for the proposed construction or the proposed use of the subject property.

5.

The relocation of oak trees approved for removal shall not be deemed a mitigating factor in determining the need for replacement oak trees.

6.

Replacement oak trees:

a.

Required replacement oak trees shall consist exclusively of indigenous oak trees and shall be in the ratio of at least two to one. Each replacement oak tree shall be at least a 15-gallon size specimen and measure at least one inch in diameter one foot above the base. The Commission, Hearing Officer, or Director, in lieu of this requirement, may require the substitution of one larger container specimen for each oak tree to be replaced, where, in their opinion, the substitution is feasible and conditions warrant such greater substitution;

b.

Replacement oak trees shall be properly cared for and maintained for a period of two years and replaced by the permittee if mortality occurs within that period;

c.

Where feasible replacement oak trees should consist exclusively of indigenous oak trees and certified as being grown from a seed source collected in Los Angeles or Ventura Counties; and

d.

Replacement oak trees shall be planted and maintained on the subject property and, if feasible, in the same general area where the oak trees were removed. The process of replacement of oak trees shall be

supervised in the field by a person who, in the opinion of the Fire Department, has expertise in the planting, care, and maintenance of oak trees.

B.

A plan for protecting oak trees on the subject property during and after development, such as, but not limited to, the following requirements:

1.

The installation of chain link fencing not less than four feet in height around the protected zone of oak trees shown on the site plan. Said fencing shall be in place and inspected by the Fire Department prior to commencement of any activity on the subject property. Said fencing shall remain in place throughout the entire period of development and shall not be removed without written authorization from the Fire Department.

2.

Where grading or any other similar activity is specifically approved within the protected zone, the applicant shall provide an individual with special expertise acceptable to the Director to supervise all excavation or grading proposed within the protected zones and to further supervise, monitor and certify to the Fire Department the implementation of all conditions imposed in connection with the applicant's Oak Tree Permit.

3.

Any excavation or grading allowed within the protected zone or within 15 feet of the trunk of an oak tree, whichever distance is greater, be limited to hand tools or small hand-power equipment.

4.

Oak trees on other portions of the subject property not included within the site plan also be protected with chain link fencing thus restricting storage, machinery storage, or access during construction.

5.

The oak trees on the site plan be physically identified by number on a tag affixed to the north side of the tree in a manner preserving the health and viability of the tree. The tag shall be composed of a noncorrosive all-weather material and shall be permanently affixed to the tree. The oak tree shall be similarly designated on the site plan in a manner acceptable to the Director.

6.

Corrective measures for oak trees noted on the Oak Tree Report as requiring remedial action be taken, including pest control, pruning, fertilizing, and similar actions.

7.

To the extent feasible as determined by the Director, utility trenching shall avoid encroaching into the protected zone on its path to and from any structure.

8.

At the start of grading operations and throughout the entire period of development, no person shall perform any work for which an Oak Tree Permit is required unless a copy of the Oak Tree Report, location map, fencing plans, and approved Oak Tree Permit and conditions are in the possession of a responsible person and also available at the site.

C.

The applicant shall provide an oak tree information manual prepared by and available from the Fire Department to the property owner, subsequent property owner, and any homeowners association.

(Ord. 2019-0004 § 1, 2019.)

The Director shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action).

(Ord. 2019-0004 § 1, 2019.)

22.174.090 - Effective Date of Decision and Appeals.

A.

The effective date of decision and appeals shall be in compliance with Section 22.222.230 (Effective Date of Decision and Appeals).

B.

Notwithstanding Section 22.222.230 (Effective Date of Decisions and Appeals), the decision of the Hearing Officer or Director shall become final and effective unless an appeal is timely filed pursuant to Chapter 22.240 (Appeals).

C.

The decision of the Commission on an application or on an appeal shall be final and effective on the date of decision. Appeal of an Oak Tree Permit application to the Board is only allowed where an Oak Tree Permit is concurrently considered with a permit, variance, zone change, or tentative map for a subdivision, including a minor land division, and such Oak Tree Permit shall be appealable only as a part of an appeal on the concurrent entitlement. Said appeal must be made within the applicable time period and shall be subject to the applicable procedures established for appealing the concurrent entitlement.

(Ord. 2019-0004 § 1, 2019.)

22.174.100 - Post-Decision Actions and Regulations.

A.

Documentation, scope of approval, and Exhibit "A" shall be in compliance with Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A).

B.

Use of property before final action shall be in compliance with Section 22.222.250 (Use of Property Before Final Action).

C.

Performance guarantee and covenant shall be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

D.

Expiration date and extension for unused permits and reviews shall be in compliance with Section 22.222.270 (Expiration Date and Extension for Unused Permits and Reviews).

E.

Cessation of use shall be in compliance with Section 22.222.280 (Cessation of Use).

(Ord. 2019-0004 § 1, 2019.)

22.174.110 - Enforcement.

In interpreting Chapter 22.242 (Enforcement Provisions) as they apply to this Chapter, each individual tree cut, destroyed, removed, relocated, or damaged in violation of these provisions shall be deemed a separate offense.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.176 - PARKING DEVIATIONS, MINOR

22.176.010 - Applicability.

A.

A Minor Parking Deviation application may be filed for a reduction of less than 30 percent in the number of parking spaces required by this Title 22 or, in the case of an eating establishment selling food for off-site consumption, not less than one parking space for each 250 square feet is proposed in accordance with "Entertainment, assembly, and dining" uses pursuant to Chapter 22.112 (Parking).

B.

When applicable, the review of this application shall take into consideration that a project will provide welldesigned bicycle parking spaces in excess of the bicycle parking spaces otherwise required under Section 22.112.100 (Bicycle Parking Spaces and Related Facilities), or in excess of the total number of bicycle parking spaces provided by a qualifying project under Section 22.112.110 (Reduction in Required Parking Spaces when Bicycle Parking Provided).

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Minor Parking Deviation Checklist.

B.

Review Procedures.

1.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

2.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal).

3.

Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposits).

4.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

5.

Prior to taking action, the Director shall provide notice of application in compliance with:

a.

Section 22.222.170 (Sign Posting); and

b.

Section 22.222.130 (Notice of Application), except where modified:

i.

Notice Content. The notice shall also indicate that any individual may oppose the granting of the application by a written protest to the Director.

ii.

Comment Period. The Director shall allow a minimum comment period of 15 days after the notice has been mailed. The end of the comment period shall be stated on the notice.

c.

Notice shall be mailed in compliance with Section 22.222.160.A (Notification Radius).

(Ord. 2022-0008 § 109, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.120 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The use, development of land, and application of development standards comply with all applicable provisions of this Title 22.

2.

The use, development of land, and application of development standards, when considered on the basis of the suitability of the site for the particular use or development intended, are so arranged as to:

a.

Avoid traffic congestion;

b.

Provide for the safety and convenience of bicyclists and pedestrians, including children, senior citizens, and persons with disabilities;

c.

Insure the protection of public health, safety, and general welfare;

d.

Prevent adverse effects on neighboring property; and

e.

Be in conformity with good zoning practice.

3.

The use, development of land, and application of development standards are suitable from the standpoint of functional developmental design.

C.

Additional Findings.

1.

If applicable, the use and development of land provides well-designed bicycle parking spaces in excess of the bicycle parking spaces otherwise required under Section 22.112.100 (Bicycle Parking Spaces and Bicycle Facilities), or in excess of the total number of bicycle parking spaces provided by a qualifying project under Section 22.112.110 (Reduction in Required Parking Spaces when Bicycle Parking Provided).

(Ord. 2022-0008 § 110, 2022; Ord. 2019-0004 § 1, 2019.)

The Director shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action).

(Ord. 2019-0004 § 1, 2019.)

22.176.050 - Effective Date of Decision and Appeals.

A.

The effective date of decision and appeals shall be in compliance with Section 22.222.230 (Effective Date of Decision and Appeals).

B.

Notwithstanding Section 22.222.230 (Effective Date of Decisions and Appeals), the decision of the Director shall become final unless an appeal is timely filed pursuant to Chapter 22.240 (Appeals).

C.

The decision of the Commission on an appeal shall be final and effective on the date of decision.

(Ord. 2019-0004 § 1, 2019.)

22.176.060 - Post-Decision Actions and Regulations.

A.

Documentation, scope of approval, and Exhibit "A" shall be in compliance with Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A").

B.

Use of property before final action shall be in compliance with Section 22.222.250 (Use of Property Before Final Action).

C.

Performance guarantee and covenant shall be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

D.

Expiration date and extension for unused permits and reviews shall be in compliance with Section 22.222.270 (Expiration Date and Extension for Unused Permits and Reviews).

E.

Cessation of use shall be in compliance with Section 22.222.280 (Cessation of Use).

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.178 - PARKING PERMITS

22.178.010 - Purpose.

A.

The Parking Permit is established to provide an alternative to the parking requirements of Chapter 22.112 (Parking) in the event that a particular use does not have the need for such requirements.

B.

It is the intent to provide more flexibility in the design of particular uses that have special characteristics by reducing the number of parking spaces otherwise required for such uses including:

1.

Certain uses where parking requirements are based upon floor area of a structure, but bear no relationship to the number of employees, customers, etc., on the premises or the trade conducted.

2.

Businesses which provide their employees, customers, or others with positive incentives to use means of transportation other than the automobile.

C.

It is the intent to conserve land and promote efficient land use by allowing:

1.

The dual or shared use of parking facilities by two or more uses.

2.

Tandem parking for nonresidential uses.

Designated spaces for car share or other mobility services, such as bicycle or scooter share.

D.

It is the intent to provide greater flexibility and opportunity to meet the parking requirements by allowing:

1.

Off-site parking facilities.

2.

The short-term or long-term leasing of required parking spaces.

3.

Transitional parking for lots with rear lot lines abutting Commercial or Industrial Zones.

(Ord. 2024-0036 § 15, 2024; Ord. 2019-0053 § 27, 2019; Ord. 2019-0004 § 1, 2019.)

22.178.020 - Definitions.

(Reserved)

A.

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

B.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

Unless specifically modified by a Parking Permit, all regulations prescribed in Chapter 22.112 (Parking) shall apply.

(Ord. 2019-0004 § 1, 2019.)

22.178.050 - Findings and Decision.

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.200 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

There is no need for the number of vehicle parking spaces required by Chapter 22.112 (Parking) because of any of the following:

a.

The nature of the use is such that there is a reduced occupancy;

b.

The business or use has established a viable transportation program for its employees or customers to use transportation modes other than the single-occupant automobile. Such a program shall include positive incentives, such as van pools, transit fare subsidies, commuter travel allowances, car pools, or bicycle commuter facilities. Where appropriate, proximity to freeways with high-occupancy vehicle (HOV) lanes, bus routes, park-and-ride facilities, people-movers, rapid transit stations, bikeways, or other similar facilities shall be a factor in this consideration;

c.

Sufficient land area is reserved or an alternative arrangement is approved to ensure that the parking requirements may be complied with should the use, occupancy, or transportation program change. If land area is reserved, the reserved land area shall be so located and developed in such a manner that it can be feasibly converted to parking, if needed; or

d.

The reduction in the number of vehicle parking spaces will be offset by the provision of bicycle parking spaces, at a minimum ratio of two bicycle spaces for every one vehicle parking space above the minimum number of bicycle parking spaces otherwise required under Section 22.112.100 (Bicycle Parking Spaces and Related Facilities).

2.

There are no conflicts arising from special parking arrangements allowing shared vehicle parking facilities, tandem spaces, or vehicle share spaces because:

a.

Uses sharing parking facilities operate at different times of the day or days of the week;

b.

Parking facilities using tandem spaces will employ valets or will utilize other means to ensure a workable plan; or

c.

Parking facilities, including car share or other vehicle share spaces, will maintain an arrangement with a service provider offering rental vehicles accessible to the public.

3.

Off-site facilities, leases of less than 20 years, rear lot transitional parking lots, and uncovered residential vehicle parking spaces will provide the required parking for uses because:

a.

Such off-site facilities are controlled through ownership, leasing, or other arrangement by the owner of the use for which the site serves and are conveniently accessible to the main use;

b.

Such leases are written in such a way as to prevent multiple leasing of the same spaces or cancellation without providing alternate spaces; such leases shall contain other guarantees assuring continued availability of the spaces; or

c.

Such transitional lots are designed to minimize adverse effects on surrounding properties.

4.

The requested Parking Permit at the location proposed will not result in traffic congestion, excessive offsite parking, or unauthorized use of parking facilities developed to serve surrounding property.

5.

The proposed site is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, landscaping, and other development features prescribed in this Title 22.

(Ord. 2024-0036 § 16, 2024; Ord. 2019-0053 § 28, 2019; Ord. 2019-0004 § 1, 2019.)

Conditions may be imposed in order to ensure that the approval will be in accordance with the findings required by Section 22.178.050 (Findings and Decision). Such conditions may include those in Section 22.158.060 (Conditions of Approval) and, in addition, the following conditions shall be imposed for vehicle parking, where applicable, unless specifically waived or modified:

A.

Where reduced occupancy is a primary consideration in the approval of a Parking Permit, the maximum occupant load for such use shall be established.

B.

Where special programs are proposed to reduce the parking requirement, they shall be reviewed annually to determine their effectiveness. In the event that such programs are terminated or unsuccessful, the property owner shall supply the required parking.

C.

The required vehicle parking spaces for all uses may be reduced to not less than 50 percent of the parking spaces required by Chapter 22.112 (Parking).

D.

Where land is required to be reserved to ensure that sufficient area is available to meet the vehicle parking requirements, restrictions shall be imposed on such land so that it can feasibly be converted to parking, if needed.

E.

Where shared parking facilities are approved, operating conditions, such as hours or days of operation, shall be established for each use sharing the facility.

F.

Where tandem parking is proposed for nonresidential uses, there shall be valets or other persons employed to assist in the parking of automobiles. The ratio of valets to parking spaces shall be established. The parking of automobiles by valets on public streets shall be prohibited. Each tandem parking space shall be eight feet wide; the length of the space shall be 18 feet for each automobile parked in tandem. Parking bays shall contain only two parking spaces where access is available from only one end. Bays of four parking spaces may be permitted where access is available from both ends.

G.

Where car share or other vehicle share spaces are proposed, there shall be an arrangement with a service provider demonstrating how the rental vehicles will be accessible to the public.

H.

If off-site parking facilities are proposed for nonresidential development, such facilities must be within 400 feet from any entrance of the use to which they are accessory. Parking for employees shall be located within 1,320 feet from the entrance to such use. Directions to such facilities shall be clearly posted at the principal use.

I.

Where leasing of parking facilities is proposed for any period less than 20 years, the applicant shall guarantee that the leased spaces are available for his sole use, the lease shall be recorded with the Registrar-Recorder/County Clerk, and the applicant shall demonstrate that he has the ability to provide the required number of spaces should the lease be cancelled or terminated. Except for the term of the lease, the provisions of Subsection B (Alternative Compliance) of Section 22.112.050 relating to leases shall apply. A copy of such lease shall be submitted to the Director and County Counsel for review and approval. Other

conditions including, but not limited to, requiring title reports, covenants, and bonding may also be imposed where necessary to ensure the continued availability of leased parking spaces.

J.

Where transitional parking is proposed for lots whose rear lot line adjoins or is separated only by an alley from a Commercial or Industrial Zone, no access is permitted from the parking facility to the street on which the lot fronts. The parking facility shall be developed in accordance with the standards of Chapter 22.112 (Parking) and Section 22.140.440 (Parking as a Transitional Use), unless specifically waived or modified by the Parking Permit. The hours and days of operation shall be established to prevent conflicts with adjoining less restrictive uses, and the facility shall be secured to prevent unauthorized use during times when the facility is closed.

K.

In the event that any applicant or property owner is unable to comply with the provisions of the Parking Permit, the use for which permit has been granted shall be terminated, reduced, or removed, unless some other alternative method to provide the required parking is approved by the Director.

L.

The Parking Permit shall be granted for a specified term where deemed appropriate.

(Ord. 2024-0036 § 17, 2024; Ord. 2019-0053 § 29, 2019; Ord. 2019-0004 § 1, 2019.)

22.178.070 - Termination on Cessation of Use or Occupancy.

An approved Parking Permit shall terminate and cease to be in effect at the same time the principal use or occupancy for which such permit is granted terminates.

(Ord. 2019-0004 § 1, 2019.)

22.178.080 - Agreement to Develop Following Termination of Approved Use.

A.

In addition to the covenant required by Chapter 22.222.260 (Performance Guarantee and Covenant), the covenant shall include that should such Parking Permit terminate, the owner or his successor in interest will develop the parking spaces needed to bring the new use or occupancy into conformance with the requirements of Chapter 22.112 (Parking) at the time such new use or occupancy is established.

B.

Where a Parking Permit is approved for off-site parking, the agreement shall be recorded on both the lot containing the principal use as well as the lot developed for off-site parking.

C.

All agreements shall be reviewed and approved by the Director and County Counsel prior to recordation.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.180 - PLAN AMENDMENTS

A Plan Amendment may be initiated to amend the General Plan, which identifies the goals, policies, and implementing actions regarding long-term development in the County. The General Plan is based on an understanding of existing and projected conditions and needs, all of which are subject to change. The Plan Amendment process established by State law and this Chapter therefore enables the General Plan map designations and/or written policy statements to be amended. All such Plan Amendments shall be made pursuant to the provisions of this Title 22, in addition to Section 65350 et seq. of Title 7 (Planning and Land Use) of the California Government Code.

(Ord. 2019-0004 § 1, 2019.)

A.

Initiation. Initiation of a Plan Amendment shall be in compliance with Section 22.222.120.A (Initiation and Scheduling).

B.

Additional Area Included When. Where a petition is filed requesting a Plan Amendment, the Commission or Director may elect to include additional property within the boundaries of the area to be studied when, in their opinion, good zoning practice justifies such action.

C.

General Plan. Each mandatory element of the General Plan may be amended up to four times in a single calendar year in compliance with Section 65358 of the California Government Code.

(Ord. 2019-0004 § 1, 2019.)

22.180.030 - Application and Review Procedures.

A.

Application Checklist. The application submittal shall contain all of the materials required by the Plan Amendment Checklist.

B.

Type IV Review. The application shall be filed and processed in compliance with Chapter 22.232 (Type IV Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

22.180.040 - Findings and Decision.

A.

Findings and decision shall be made in compliance with Section 22.232.040.A.2 (Findings) and include the findings in Subsection B, below.

B.

The Commission may recommend approval of an application to the Board if the following findings are made:

1.

The amendment is consistent with the adjacent area, if applicable.

2.

The amendment is consistent with the principles of the General Plan.

3.

Approval of the amendment will be in the interest of public health, safety, and general welfare.

4.

The amendment is consistent with other applicable provisions of this Title 22.

(Ord. 2022-0008 § 111, 2022; Ord. 2019-0004 § 1, 2019.)

Chapter 22.182 - REQUESTS FOR REASONABLE ACCOMMODATIONS

This Chapter implements part of the County's Housing Element in its General Plan and provides a procedure for individuals with disabilities to request Reasonable Accommodations, consistent with the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, as those Acts are amended from time to time. The sole intent of this Chapter is to ensure that individuals with disabilities have an equal opportunity to use and enjoy housing by allowing an accommodation or accommodations with respect to certain County regulations, policies, procedures, and standards if said accommodation or accommodations are both reasonable and necessary to provide such equal opportunity without compromising the County's commitment to protecting community character and environmental quality.

(Ord. 2019-0004 § 1, 2019.)

Terms used in this Chapter are defined in Section 22.14.180 of Division 2 (Definitions) under "Requests for Reasonable Accommodations."

(Ord. 2019-0004 § 1, 2019.)

22.182.030 - Applicability.

A.

This Chapter shall apply to all requirements of this Title 22 as well as all other regulations, policies, procedures, and standards regulated by the Department.

B.

Any individual with a disability, someone acting on their behalf, or a provider or developer of housing for individuals with disabilities, desiring to obtain a Reasonable Accommodation in accordance with this Chapter shall file an application with the Director.

(Ord. 2019-0004 § 1, 2019.)

22.182.040 - Application and Review Procedures.

A.

Application Checklist. The application submittal shall contain all of the materials required by the Request for Reasonable Accommodations Checklist.

B.

Additional Application Materials. In addition to Subsection A, above, the Director may request additional information as the Director deems reasonably necessary where such request is consistent with the aboveidentified state and federal acts and the privacy rights of the individual with a disability.

C.

Application and Review Procedures.

1.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

2.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal).

3.

An applicant requesting a Reasonable Accommodation shall not be required to pay the County Environmental Assessment fee if the project that is the subject of said request qualifies for either a categorical exemption or statutory exemption under CEQA.

4.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

(Ord. 2019-0004 § 1, 2019.)

22.182.050 - Findings and Decision.

A.

Required Findings of the Director.

1.

Where an application for a Request for a Reasonable Accommodation is sought in connection with a residential use for which no concurrent application for entitlement under Title 21 (Subdivision) or this Title 22 is required, the Director shall grant the request based upon the following findings:

a.

The requested accommodation is intended to be used by an individual with a disability who resides or will reside on the property;

b.

The requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy a residential use;

c.

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

d.

The requested accommodation will not require a fundamental alteration in the nature of the land use and zoning programs of the County.

2.

The Director shall deny the application for a Request for a Reasonable Accommodation where the findings set forth in Subsection A.1, above, cannot be substantiated, and shall make written findings to that effect.

3.

Any Reasonable Accommodation approval shall include the requirement that such accommodation be removed when it is no longer necessary for the original purpose granted unless in the reasonable discretion of the Director it is so physically integrated into the property or the improvements thereon that the cost or effort to remove it would create an unreasonable hardship.

B.

Commission or Hearing Officer Review Where Concurrent. When an application for a Request for Reasonable Accommodation is filed in conjunction with an application for a permit, variance, or any other discretionary land use entitlement as provided by Title 21 (Subdivisions) or this Title 22, the Commission or Hearing Officer shall grant or deny the application for a Request for a Reasonable Accommodation concurrently with the decision rendered for such permit, variance, or other discretionary land use entitlement, and shall make findings addressing the criteria set forth in Subsection A, above.

C.

Notice of Action.

1.

The Commission, Hearing Officer, or Director, as applicable, shall notify the applicant by mail of the action taken on an application for Reasonable Accommodation. Said notice shall include the required findings.

a.

Notice of action on applications considered by the Director pursuant to Subsection A, above, shall be issued within 30 days of the date of the application, or within an extended period as mutually agreed upon, in writing, by the applicant and the Director. In addition to the applicant, a copy of the notice of action by the Director shall be provided by mail to the property owner, owners of all property abutting the exterior boundaries of the subject property in each direction, and owners of the closest inhabited property to the subject property if the abutting property in such direction is uninhabited.

b.

Notice of action on applications considered by the Commission or Hearing Officer in conjunction with another land use entitlement application pursuant to Subsection B, above, shall be provided along with the decision for such other entitlement in accordance with the requirements for such other entitlement. In addition to any other persons required to receive notice of an action on the related entitlement application, a copy of the notice of action shall also be provided by mail to the property owner, owners of all property abutting the subject property, and owners of the closest inhabited property to the subject property in each direction if the abutting property in such direction is uninhabited.

2.

The notice of action shall include notice of the right to appeal, as set forth in Section 22.182.080 (Appeals).

(Ord. 2019-0004 § 1, 2019.)

A.

Recorded Agreement.

The Commission, Hearing Officer, or Director may require the applicant to record, with the RegistrarRecorder/County Clerk, an agreement that the Reasonable Accommodation granted will be maintained in accordance with the terms of the Reasonable Accommodation and this Chapter as a covenant running with the land for the benefit of the County in those instances described in Subsection A.2, below. The recorded agreement shall also provide that any violation thereof shall be subject to the enforcement procedures of Chapter 22.242 (Enforcement Procedures). The recorded agreement shall also be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

2.

The Commission, Hearing Officer, or Director may require the recorded agreement described in Subsection A.1, above, if:

a.

The accommodation is physically integrated on the property and cannot feasibly be removed or altered, and the structure would otherwise be subject to Chapter 22.236 (Modification or Elimination of Conditional Use Permit Conditions); or

b.

The accommodation is temporary and required to be discontinued if no longer maintained in compliance with this Chapter.

3.

The Commission, Hearing Officer, or Director may authorize termination of the agreement to maintain the Reasonable Accommodation described in Subsection A.1, above, after making written findings that the lot is in compliance with all applicable land use and zoning regulations.

4.

The property owner is required to record the termination or release of any agreement provided by this Subsection A.

(Ord. 2019-0004 § 1, 2019.)

The Director's determination on a Request for a Reasonable Accommodation becomes effective on the 30th day following the Director's mailing of the notice of action. The decision by the Commission or Hearing Officer made in conjunction with another land use entitlements application becomes final on the latest date such related entitlements becomes effective.

(Ord. 2019-0004 § 1, 2019.)

22.182.080 - Appeals.

A.

An appeal regarding a decision to grant or deny an application for a Request for Reasonable Accommodation shall be made in writing, pursuant to the procedures established in Chapter 22.240 (Appeals).

B.

All decisions on an appeal shall address and be based upon the same findings required by Section 22.182.050.A (Required Findings of the Director).

C.

Decisions on an appeal of a decision made by the Director shall be effective on the date of decision and no further administrative appeals may be heard.

D.

Decisions on an appeal of a decision made by the Commission or Hearing Officer made in conjunction with other land use entitlements as set forth in Section 22.182.050.B (Commission or Hearing Officer Review Where Concurrent) shall be effective on the same date as is provided for an appeal of the related land use entitlement and any further rights of appeal will be the same as is provided for an appeal of the related land use entitlement.

(Ord. 2019-0004 § 1, 2019.)

22.182.090 - Expiration of Reasonable Accommodation.

A.

A Reasonable Accommodation which is not used within the time specified in the notice of action or, if no time is specified, within two years after the date of grant of the Reasonable Accommodation, shall expire and be of no further effect, except that:

1.

In cases in which the Director granted the original Reasonable Accommodation, the Director may extend the time to use it for a period not to exceed one year, provided an application requesting such extension is filed prior to its expiration date; and

2.

In the case of a Reasonable Accommodation granted concurrently and in conjunction with another land use entitlement, the Commission or Hearing Officer may extend the time to use it to correspond with any extensions granted for the use of such related entitlements.

B.

A Reasonable Accommodation shall be considered used within the intent of this Section, when construction, development, or use authorized by such Reasonable Accommodation, that would otherwise have been prohibited in the absence of an accommodation being granted, has commenced.

C.

A Reasonable Accommodation shall automatically cease to be of any further force and effect if the use for which such accommodation was granted has ceased or has been suspended for a consecutive period of two or more years and may be required to be physically removed in accordance with Section 22.182.050.A.3.

(Ord. 2019-0004 § 1, 2019.)

22.182.100 - Post-Decision Actions and Regulations.

A.

Documentation, scope of approval, and Exhibit "A" shall be in compliance with Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A").

B.

Use of property before final action shall be in compliance with Section 22.222.250 (Use of Property Before Final Action).

C.

Performance guarantee and covenant shall be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.184 - REVISED EXHIBIT "A"S

The Revised Exhibit "A" provides a process to authorize limited modification to the plans (exhibits) of an approved discretionary permit or review that remain in substantial conformance with the conditions of approval.

(Ord. 2019-0004 § 1, 2019.)

22.184.020 - Application and Review Procedures.

A.

Application Checklist. The application submittal shall contain all of the materials required by the Revised Exhibit "A" Checklist.

B.

Type I Review. The application shall be filed and processed in compliance with Chapter 22.226 (Type I Review—Ministerial) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

22.184.030 - Decision.

A.

Criteria for Modification.

1.

The Director may approve modifications to an Exhibit "A" for an approved discretionary permit or review, provided that the modifications comply with the following:

a.

Are consistent with the scope of the project and the findings made in the original approval.

b.

Comply with all existing conditions of approval.

c.

Maintain the required number of vehicle parking spaces.

d.

Comply with standards and regulations of the zone, unless specifically modified by the conditions of approval.

2.

Modifications not in conformance with Subsection A.1, above, shall require an application for a Modification or Elimination of Conditional Use Permit Conditions (Chapter 22.236), where applicable, or shall require an application for a new permit or review.

B.

Documentation. In addition to Section 22.226.060 (Documentation), approved modifications to an exhibit shall be marked "Revised Exhibit A" and the date of approval.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.186 - SITE PLAN REVIEW, MINISTERIAL

A.

Zones. This Chapter authorizes uses identified by this Title 22 as subject to the approval of a Ministerial Site Plan Review.

B.

Amendments to a Ministerial Site Plan Review. Amendments to a Ministerial Site Plan Review shall comply with this Chapter.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Ministerial Site Plan Review Checklist.

B.

Type I Review. The application shall be filed and processed in compliance with Chapter 22.226 (Type I Review—Ministerial) and this Chapter.

C.

Projects subject to Section 22.140.180 (Domestic Violence Shelters, Emergency Shelters, and Accessory Emergency Shelters).

1.

The applicant shall be notified within 30 days of receipt of the application if the application is incomplete.

2.

A decision shall be made within 60 days after the application is deemed complete.

(Ord. 2021-0017 § 32, 2021; Ord. 2019-0004 § 1, 2019.)

Chapter 22.188 - SPECIAL EVENTS PERMITS

The Special Events Permit is established to regulate short-term and extended-term special events. Special events are uses, activities, or events that are temporary and that may not otherwise be allowed in the applicable zone, but may be permitted because of their limited or temporary nature, provided that such special events are evaluated for compatibility with surrounding land uses and any adverse effects or incompatibilities are avoided or adequately mitigated.

(Ord. 2019-0004 § 1, 2019.)

22.188.020 - Applicability.

A.

Short-Term Special Events. A Short-Term Special Events Permit may approve the following special events:

Short-term events sponsored by a public agency or a religious, fraternal, educational, or service organization directly engaged in civic, charitable, or public service endeavors, conducted for no more than six weekends or seven consecutive days during any 12-month period and limited to:

a.

Carnivals.

b.

Exhibitions.

c.

Fairs.

d.

Short-term farmers' markets not otherwise governed by Division 3 (Zones) or 4 (Combining Zones and Supplemental Districts) in this Title 22.

e.

Festivals, excluding outdoor festivals.

f.

Pageants and religious observances, excluding tent revival meetings.

2.

In a Commercial or Industrial Zone:

a.

Limited-term pop-up restaurants and other eating establishments, including accessory alcoholic beverage sales for on-site and off-site consumption, and conducted for no more than six weekends or seven consecutive days during any 12-month period; and

b.

Limited-term pop-up retail/commercial uses listed in Table 22.20.030-B (Land Use Regulations for Commercial Zones) and Table 22.22.030-B (Land Use Regulations for Industrial Zones), including accessory alcoholic beverage sales for on-site and off-site consumption, with the exception of adult businesses, and conducted for no more than six weekends or seven consecutive days during any 12month period.

3.

Outdoor display of goods, equipment, merchandise, or exhibits in a Commercial Zone, not conducted more than once during any 30-day period nor more than four times during any 12-month period, with each

occurrence not to exceed one weekend or three consecutive days, provided that:

a.

All goods, equipment, and merchandise shall be the same as those sold or held for sale within the business on the lot where the outdoor display is proposed;

b.

Not more than 20 percent of the area designated for parking required by Chapter 22.112 (Parking) for the established business shall be used in connection with the outdoor display;

c.

A temporary banner may be permitted for the duration granted in the permit at any location on the subject property, but in no event shall the banner exceed 40 square feet of total sign area; and

d.

This Chapter shall not permit the outdoor storage of goods, equipment, merchandise, or exhibits, except as otherwise may be provided by this Title 22.

B.

Extended-Term Special Events Permitted. An Extended-Term Special Events Permit may approve any special event for an extended period of time, as determined appropriate by the Director, except that outdoor display of goods, equipment, merchandise, or exhibits shall not be permitted.

C.

Certain Uses on County Property—Board Authority. Certain uses on County property are permitted in accordance with Section 22.188.090 (Certain Uses on County Property).

D.

Movie On-Location Filming. Movie on-location filming for a period of time to be determined by the Director shall be reviewed in accordance with Section 22.188.100 (Movie On-Location Filming).

(Ord. 2022-0008 § 112, 2022; Ord. 2019-0004 § 1, 2019.)

22.188.030 - Application and Review Procedures.

A.

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

B.

Review Procedures.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

2.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal), except that the time period specified in Section 22.222.070.C shall be reduced from one year to six months.

3.

Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposits).

4.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

C.

Extended-Term Special Events Permit. Prior to taking action, the Director shall provide notice of application in compliance with Section 22.222.130 (Notice of Application), except where modified below:

1.

Notice Content. The notice shall also indicate that any individual may oppose the granting of the application by a written protest to the Director.

2.

Comment Period. The Director shall allow a minimum comment period of 15 days after the notice has been mailed. The end of the comment period shall be stated on the notice.

3.

Notification Radius. Notice shall be mailed in compliance with Section 22.222.160.A.

(Ord. 2022-0008 § 113, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Short-Term Special Events Permit.

1.

When making a decision on the application, the Director may apply performance standards to ensure compliance with this Title 22 and all other applicable federal, State, or local codes, laws, rules, regulations, and statutes, including those of the California Department of Alcoholic Beverage Control, including, but not limited to:

a.

Adequate parking facilities shall be provided for the proposed event to prevent excessive traffic or queuing on public streets. All parking areas shall be maintained open and accessible during the hours of the event.

b.

Event grounds shall be maintained free of any trash debris, garbage, and junk and salvage. An adequate number of trash containers shall be provided for the proposed event.

c.

Setup, breakdown, or cleanup for the event shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m., and shall be limited to three to five days in addition to the days approved for operation of the event.

d.

The subject property shall be restored to its original condition, and any temporary awnings and structures shall be removed within 24 hours of the event.

e.

Unless authorized by the Special Event Permit, no activities shall be conducted on the street or adjacent lots.

f.

Any amplifying speakers for a public announcement system shall be directed away from residential areas.

g.

A temporary banner no greater than 40 square feet may be permitted on site for the duration of the event.

h.

No event structures or activities shall be permitted within the protected zone of an oak tree on or adjacent to the property being used for the event, unless an Oak Tree Permit (Chapter 22.174) application has been approved.

2.

The Director may deny the application if the applicant was previously granted a Special Events Permit and did not conduct the event in compliance with this Chapter, or otherwise has a history of non-compliance with this Title 22, or other applicable federal, State, or local codes, laws, rules, regulations, and statutes, including those of the California Department of Alcoholic Beverage Control.

3.

If the Director approves the application, at least one or more inspections shall be conducted during the event at the discretion of the Director to determine the permittee's compliance with this Chapter. The permittee shall deposit with the County a sum determined by the Director, which shall be placed in a

performance fund and be used exclusively to reimburse the Department for all expenses incurred while inspecting the event to determine the permittee's compliance.

B.

Extended-Term Special Events Permit.

1.

Common Procedures. Decisions shall be made in compliance with Section 22.222.200 (Findings and Decision) and Subsection B.2, below, and include the findings in Subsection C, below.

2.

Additional Procedures for Decision.

a.

In addition to Subsection B.1, above, the Director shall deny an application when any written protest submitted within 15 days of the date noted on the notice and determined by the Director to be of general community interest and cannot be adequately mitigated through the imposition of conditions.

b.

In all cases where a written protest has been received and the Director determines that the concerns raised are of general community interest, the applicant shall be notified in writing. Such notification will also inform the applicant that within 30 days after receipt of such notice he may request a public hearing before the Hearing Officer by filing any additional information that the Director may require and by paying an additional fee, the amount of which shall be stated in the notice. At the expiration of the 30-day period:

i.

The Director shall deny an application where the applicant has not requested a public hearing; or

ii.

A public hearing shall be scheduled before the Hearing Officer. All procedures related to notification, publication, and conducting the public hearing shall be the same as for a Conditional Use Permit. Following a public hearing, the Hearing Officer shall approve, conditionally, approve, or deny the proposed application, based on the findings required by Subsection C, below, and all other applicable requirements of this Chapter.

C.

Findings.

1.

Adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations acceptable to the Director in any case where such special

event is proposed for a period longer than one weekend or three consecutive days.

2.

The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

3.

The proposed site is adequate in size and shape to accommodate such special event without material detriment to the use, enjoyment, or valuation of the property of other persons located in the vicinity of the site.

4.

The proposed site is adequately served by bicycle facilities and/or streets or highways having sufficient width and improvements to accommodate the kind and quantity of vehicle and bicycle traffic that such special event will or could reasonably generate.

(Ord. 2022-0008 § 114, 2022; Ord. 2019-0004 § 1, 2019.)

22.188.050 - Notice of Action.

The Director shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action).

(Ord. 2019-0004 § 1, 2019.)

A.

The effective date of decision and appeals shall be in compliance with Section 22.222.230 (Effective Date of Decision and Appeals).

B.

Notwithstanding Subsection A, above, the decision of the Hearing Officer or Director shall become final unless an appeal is timely filed pursuant to Chapter 22.240 (Appeals).

C.

Notwithstanding Chapter 22.240 (Appeals), the decision of the Commission on an appeal shall be final and effective on the date of decision.

(Ord. 2019-0004 § 1, 2019.)

22.188.070 - Post-Decision Actions and Regulations.

A.

Documentation, scope of approval, and Exhibit "A" shall be in compliance with Section 22.222.240

(Documentation, Scope of Approval, and Exhibit "A").

B.

Use of property before final action shall be in compliance with Section 22.222.250 (Use of Property Before Final Action).

C.

Performance guarantee and covenant shall be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

D.

Expiration date and extension for unused permits and reviews shall be in compliance with Section 22.222.270 (Expiration Date and Extension for Unused Permits and Reviews).

E.

Cessation of use shall be in compliance with Section 22.222.280 (Cessation of Use).

(Ord. 2019-0004 § 1, 2019.)

22.188.080 - Conditions of Issuance for Extended-Term Special Events Permit.

A.

The Director may impose conditions to ensure that the Special Events Permit will be in accordance with the findings required by the application. Such conditions may involve any pertinent factors that could affect the operation of such special event, including, but not limited to:

1.

Requirement of adequate temporary parking facilities including vehicular access and egress.

2.

Requirement of adequate temporary parking facilities, including vehicular access and egress, when a special event is proposed for a period longer than one weekend or three consecutive days, either on-site or at alternate locations for both the special event and related permanent uses, provided, that such temporary usage is specifically recognized in the permit, subject to this Subsection A.2:

a.

Joint usage of required parking facilities established to serve a permanent use, provided the owner or occupant of the permanent use or their authorized legal representative submits written consent, and it is determined by the Director that such joint utilization will not have a substantially detrimental effect on the surrounding area;

b.

Temporary occupation by a temporary use of a portion of parking facilities or structures established to serve a permanent use provided the owner or occupant of such use or their authorized legal representative submits written consent, and evidence submitted by the applicant shows that such joint utilization will not have a substantially detrimental effect on the surrounding area; and

c.

The temporary reduction in required parking for such permanent use shall not be construed to require a Variance (Chapter 22.194) application with respect to parking requirements of this Title 22.

3.

Regulation of temporary buildings, structures, and facilities; including:

a.

Placement, height, and size limitations on commercial rides or other equipment permitted;

b.

Location of open spaces including buffer areas and other yards; and

c.

Signs.

4.

Requirement of a performance bond or other surety device to assure that any temporary facilities or structures used for such proposed special event use will be removed from the site within one week following such event and the property restored to a neat condition. The Director may designate a different time period and/or require cleanup of additional surrounding property.

5.

Regulation of nuisance factors such as but not limited to prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, garbage, and heat.

6.

Regulation of operating hours and days including limitation of the duration of such special event to a shorter or longer time period than the maximum period requested.

7.

Requirement that the approval of the requested special event shall comply with all other applicable federal, State and local laws.

8.

Such other conditions as will make possible the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this Title 22.

B.

In addition to such other conditions as the Director may impose, it shall also be deemed a condition of every Special Event Permit, whether such condition is set forth in the Special Event Permit or not, that such approval shall not authorize the construction, establishment, alteration, moving onto or enlargement of any permanent building, structure, or facility.

(Ord. 2022-0008 § 115, 2022; Ord. 2019-0004 § 1, 2019.)

22.188.090 - Certain Uses on County Property—Board Authority.

Where the following special events are proposed on property owned by or held under the control of the County, the department, district, or agency with delegated authority to administer such activity by the Board may assume jurisdiction and approve such special events subject to limitations and conditions as are deemed appropriate by said department, district, or agency:

A.

Carnivals, exhibitions, fairs, festivals, pageants, and religious observances.

B.

Farmers' markets.

C.

On-location filming.

(Ord. 2019-0004 § 1, 2019.)

22.188.100 - Movie On-Location Filming.

A.

Notwithstanding the other provisions of this Chapter, applications for on-location filming permits shall be filed with the filming permit coordination office which shall approve such application for a time period not to exceed the time period specified in this Title 22 where it finds that the findings set forth in Section 22.188.040.C (Findings) and Section 22.188.040.A.2 (Additional Findings) have been met by the applicant. In addition, in lieu of Section 22.188.040.A.2.a, the filming permit office shall also find that such approval will not result in a frequency of usage likely to create incompatibility between such temporary use and the surrounding area. Where an application is denied due to frequency of usage, the filming permit office shall specify the minimum time period between approvals which, in its opinion, is necessary to prevent such incompatibility.

B.

In interpreting the other provisions of this Chapter in relation to on-location filming, the filming permit office shall be substituted for the Director, and the provisions of Section 22.188.030 (Application and Review Procedures) shall not apply.

C.

Any person or entity issued a permit for the filming of an adult film, as defined in Section 11.39.010 (Adult Films) of Title 11 of the County Code, under this Chapter or any other law authorizing the issuance of permits for commercial filming are required to maintain engineering and work practice controls sufficient to protect employees from exposure to blood and/or any other potentially infectious materials controls, in a manner consistent with California Code of Regulations, Title 8, Section 5193 (Bloodborne Pathogens). Any such permit shall contain the following language: "Permittee must abide by all applicable workplace health and safety regulations, including California Code of Regulations Title 8, Section 5193 (Bloodborne

Pathogens), which mandates barrier protection, including condoms, to shield performers from contact with blood or other potentially infectious material during the production of films." The County shall charge, or shall direct any other person or entity contracting with the County to administer the film permitting process, to charge, entertainment industry customers seeking permits for the production of adult films a fee sufficient to allow periodic inspections to ensure compliance with the conditions set forth in Section 11.39.010 (Adult Films).

(Measure B, approved by voters in Nov. 6, 2012 General Election: Ord. 90-0093 § 10, 1990: Ord. 83-0007 § 8, 1983.)

(Ord. 2022-0008 § 116, 2022; Ord. 2019-0004 § 1, 2019.)

Chapter 22.190 - SURFACE MINING PERMITS

A.

The Surface Mining Permit is established to regulate surface mining and reclamation of mined lands in compliance with the Surface Mining and Reclamation Act of 1975, Division 2, Chapter 9, of the California Public Resources Code, beginning with Section 2710.

B.

It is the intent in regulating surface mining activities to ensure that:

1.

The production and conservation of minerals is encouraged while addressing concerns relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment during and after mining operations;

2.

Adverse effects on the environment, including air pollution, impedance of groundwater movement and water quality degradation, damage to wildlife habitat, flooding, erosion, and excessive noise are prevented

or mitigated;

3.

Mined lands are returned to a usable condition readily adaptable for alternative land uses, with no residual hazards to public health or safety; and

4.

Consistency is achieved with the mineral resources management policies of the General Plan.

(Ord. 2019-0004 § 1, 2019.)

Specific terms used in this Chapter are defined in Section 22.14.190 of Division 2 (Definitions), under "Surface Mining Operations."

(Ord. 2019-0004 § 1, 2019.)

A.

General Applicability. Except as specified in Subsection D, below, a person shall not use any property within the unincorporated area of Los Angeles County for surface mining operations unless a Surface Mining Permit is first obtained and a Reclamation Plan is approved as provided by this Chapter.

B.

Uses Authorized. Where a Surface Mining Permit has been obtained pursuant to this Chapter and while such permit is in full force and effect in conformity with the conditions of such permit, said property shall be used exclusively for surface mining operations and the following specific uses:

1.

The stockpiling of rock, sand and gravel, and other minerals, including the installation, maintenance, or operation of rock-crushing plants or apparatus.

2.

Batching plants or mixing plants for either portland cement or asphaltic concrete, except where specifically prohibited as a condition of such permit.

3.

Any use permitted in the zone, subject to the limitations and conditions set forth therein, provided the Commission or Hearing Officer specifically authorizes such use in the permit.

4.

Accessory uses to mining operations and processing of minerals.

C.

Filing Time—Plans for Existing Operations.

1.

Surface Mining. Any person desiring a Surface Mining Permit as provided for in this Title 22 may file an application with the Director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the Board or Commission or Hearing Officer on an application for the same or substantially the same permit. In all cases, the required Reclamation Plan shall accompany the Surface Mining Permit application.

2.

Reclamation Plan. In any case of existing surface mining operations as described in Subsection D.4, below, the required Reclamation Plan may be filed with the Director without an application for a Surface Mining Permit. Such Reclamation Plans shall be filed no later than one year from January 26, 1980, the effective date of this Chapter.

D.

Exemptions. This Chapter does not apply to any of the following activities or situations:

1.

Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or other natural disaster.

2.

Surface mining operations that are required by federal law in order to protect a mining claim if such operations are conducted solely for that purpose.

3.

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less.

4.

Any surface mining operation for which a valid, unexpired zone exception was granted prior to November 23, 1970, or for which a valid Conditional Use Permit (Chapter 22.158) is in full force and effect, or which was lawfully established in Zone Q, provided that such operation shall remain in compliance with and subject to all limitations and conditions imposed by such former grant or zone, and provided further that all Reclamation Plans, interim management plans and financial assurances shall be obtained or provided as required by this Title 22 and the California Public Resources Code, Division 2, Chapter 9, beginning with Section 2710.

(Ord. 2019-0004 § 1, 2019.)

A.

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

B.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

C.

Publication. Notwithstanding Section 22.230.040 (Public Hearing), notice of application shall be published in two newspapers of general circulation at least one of which is a newspaper available in the community in which such use is proposed to be established. Such publications, if made in a daily newspaper, shall be for a period of not less than five consecutive publications of such newspaper, and if made in a weekly newspaper, shall be for a period of not less than two consecutive publications of such paper, the first publication in either case appearing not less than 20 days before the date of the hearing.

D.

Notification of Filing. The Director shall furnish a copy of each submitted application for a Surface Mining Permit, Reclamation Plan and proposal for financial assurance to the State Geologist and the Director of Public Works. The Director shall notify the California Department of Transportation of a request for a Surface Mining Permit, if notification of the Department of Transportation is required pursuant to Section 2770.5 of the California Public Resources Code.

E.

Protection of Proprietary Information. Applications for Surface Mining Permits, Reclamation Plans, and other documents submitted pursuant to this Chapter are public records, unless it can be demonstrated to the satisfaction of the Commission or Hearing Officer that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The Commission or Hearing Officer shall identify such proprietary information as a separate part of the application. Proprietary information shall be made available only to the State Geologist and to persons authorized in writing by both the mining operator and the applicant or his successor in interest.

F.

Fees. The applicant shall pay to the County the actual cost incurred by Public Works in conducting inspections and/or reviews pursuant to the provisions of this Chapter. Such cost shall be computed using actual hours expended by staff multiplied by the most current applicable hourly rates, approved by the Auditor-Controller, that are available at the time that costs are assessed.

(Ord. 2019-0004 § 1, 2019.)

Unless the Commission or Hearing Officer deems otherwise, and so specifies in the permit, surface mining operations shall comply with Section 3503 (Surface Mining and Reclamation Practice) of Title 14 of the California Code of Regulations and be conducted in accordance with the following requirements:

A.

Slopes.

1.

No excavation shall be permitted that creates a temporary slope steeper than one foot horizontally to one foot vertically. The Director of Public Works may require that excavations be made with a cut face more flat in slope than the above slope requirements if deemed necessary for slope stability and public safety at any time.

2.

Temporary slopes shall not be created that will interfere with the construction of finished slopes conforming to the requirements of the Reclamation Plan.

3.

Slopes affecting off-site property shall meet the requirements of Appendix J of Title 26 (Building Code) of the County Code.

B.

Erosion and Sedimentation Control.

1.

Measures shall be taken to prevent erosion of adjacent lands by waters discharged from the site of mining operations and the off-site discharge of sediment. Such measures may include the revegetation of slopes and the construction of properly designed retarding basins, settling ponds and other water treatment facilities, ditches, and diking.

2.

No discharge of sediment into off-site bodies of water shall be permitted that will result in higher concentrations of silt than existed in such water prior to surface mining operations.

3.

Stockpiles of overburden and minerals shall be managed to minimize water and wind erosion.

4.

The removal of vegetation and overburden in advance of surface mining shall be kept to a minimum.

C.

Water Quality Control. Mining operations shall be conducted in accordance with applicable standards of the Regional Water Quality Control Board or any other agency with jurisdiction over water quality.

D.

Protection of Fish and Wildlife Habitat. All reasonable and practicable measures shall be taken to protect the habitats of fish and wildlife during surface mining operations.

E.

Runoff and Flood Control. Surface mining operations shall be conducted in such a manner as to prevent or minimize flooding and/or alteration of the natural drainage system.

F.

Setbacks.

1.

No surface mining operation or structure shall be located within 50 feet of any public street or highway or any lot in other than the applicant's ownership unless the written consent of the owner in fee of such property is first secured and recorded with the Registrar-Recorder/County Clerk, and except where the contiguous property is currently or intermittently being mined in the same manner.

2.

No surface mining operation or structure shall be located within 100 feet of any stream bed, flood control channel, reservoir, water conservation facility, area within an adopted Flood Protection District, or area designated as an Area of Special Flood Hazard, without first obtaining the approval of the Director of Public Works. Where approval is requested, a comprehensive flood-hazard analysis evaluating the effect surfacemining operations will have on drainage and erosion on adjacent property shall also be submitted.

G.

Insurance Requirements.

1.

Before commencing surface mining operations, the owner or operator shall secure insurance to the extent of $100,000 against liability in tort arising from the production, activities, or operations incidental thereto conducted or carried on under or by virtue of any law or ordinance, and such insurance shall be kept in full force and effect during the period of such operations.

2.

This insurance requirement is separate and independent from any bonding requirement which may be required by the Commission or Hearing Officer to assure the completion of the operator's Reclamation Plan as required by Section 22.190.080 (Reclamation Plan).

H.

Control of Dust, Vibrations, Smoke, Dirt, Odors, and Bright Lights.

1.

All activities of mining and processing minerals shall be conducted in a manner such that dust, vibrations, smoke, dirt, odors, and bright lights do not exceed levels compatible with uses of adjacent lands.

2.

All private roads shall be wetted while being used, or shall be oiled or hard-surfaced and maintained to prevent the emanation of dust. All private access roads leading off any public street or highway shall be paved with asphalt or concrete surfacing not less than three inches in thickness for the first 50 feet of said access road.

I.

Boundary Markers. The outer boundaries of all property used or intended to be used for surface mining operations shall be posted within 90 days following the effective date of such mining permit, and permanently thereafter, with signs displaying the message "SURFACE MINING" in letters not less than four inches in height, and in letters not less than one inch in height, the message "This property may be used at any time for the extracting and processing of rock, sand, gravel, decomposed granite, clay, and similar materials, as authorized by the Zoning Code (Title 22), County of Los Angeles." Such signs shall be posted not more than 500 feet apart, with signs placed at each change in direction of boundary lines of the property, and displayed in such a manner as to give reasonable notice to passersby of the message contained thereon.

J.

Hours of Operation. All operations shall be restricted to the hours between 6:00 a.m. and 10:00 p.m., except in cases of public emergency, or whenever any reasonable or necessary repairs to equipment are required to be made.

K.

Salvage of Topsoil. Unless otherwise specified in the Reclamation Plan, all topsoil removed in surface mining operations shall be stored at the site of mining operations and shall be used in future reclamation of the site.

L.

Benches. Benches shall be provided wherever necessary to control drainage on slopes, or to provide for access, or for public safety as determined by the Commission or Hearing Officer on the recommendation of the Director of Public Works.

M.

Fencing. Prior to the commencement of any surface mining operation, the area to be used for such operations shall be enclosed with a fence as required by Chapter 11.48 (Oil Well Sumps, Sand and Gravel Pits, and Similar Excavations) of Title 11 of the County Code. Such fencing may be limited to the area currently being used for such operations; provided, however, that the operation shall be continuously enclosed as excavation progresses.

N.

Explosives. Storage of explosives for use in surface mining operations shall be subject to Chapter 22.164 (Explosives Permits).

(Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.230.050 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The requirements for Reclamation Plan approval set forth in Section 22.190.080.A (Findings Prerequisite to Approval) have been met by the applicant.

2.

The requested surface mining operation conducted at the location proposed will not adversely affect the health, safety, or welfare of persons residing in the surrounding area or otherwise endanger or constitute a menace to the public health, safety, or general welfare.

3.

Adverse ecological effects resulting from surface mining operations will be prevented or minimized.

4.

The proposed site is adequately served by streets or highways of sufficient width and improved as necessary to facilitate the kind and quantity of traffic surface-mining operations will or could generate.

5.

The proposed site for surface mining operations is consistent with the General Plan.

(Ord. 2019-0004 § 1, 2019.)

A.

Annual Report. The mine operator shall submit annually to the Director of Public Works copies of all reports required pursuant to Section 2207 of the California Public Resources Code.

B.

Imposition of Additional Conditions Authorized When. Conditions may be imposed to ensure that the approval will be in accordance with the findings required by Section 22.190.060 (Findings and Decision). Such conditions may include those in Section 22.158.050 (Conditions of Approval) or may involve any pertinent factors affecting the establishment, operation, and maintenance of surface mining operations, including, but not limited to:

1.

Off-street parking for equipment and for the cars of employees.

2.

Screening and/or landscaping to assure integration with surrounding areas.

3.

Regulation of signs.

4.

The surfacing of parking areas and roads.

5.

Days of operation.

6.

The following factors for which standards are established in Section 22.190.050 (Development Standards):

a.

Setbacks.

b.

Hours of operation.

c.

Fencing.

d.

Grading benches.

e.

Regulation of noise, dust, bright lights, smoke, vibrations, dirt, and odors.

C.

Administration and Inspections.

1.

The Director of Public Works shall conduct such inspections of idle and active surface mines as are required by the terms or conditions of any entitlement, regulation, or law, including this Title 22 and the California Public Resources Code, Division 2, Chapter 9, beginning with Section 2710, and shall make such additional inspections as the Director of Public Works deems necessary to enforce the terms or conditions of any such entitlement, regulation or the applicable State and County Codes.

2.

Public Works shall report its findings to the mine operator and to the State Geologist, as required by law, and shall report to the Director of Regional Planning or to other persons or agencies where the Director of Public Works deems it necessary to make such additional notification.

D.

Periodic Review of Permit Conditions and Reclamation Plan. The periodic review of the conditions contained in Surface Mining Permits and approved Reclamation Plans, as provided in Subsection B, above, and Section 22.190.080.C (Reclamation Activities—Specifications), respectively, shall be conducted by the Commission or Hearing Officer in accordance with the schedule adopted at the time such permits or plans were approved. The Commission or Hearing Officer, in their review, shall hold one or more public hearings pursuant to Chapter 22.222.120 (Public Hearing Procedure), and shall consider such new or changed circumstances as physical development near the mining site and improved technological innovations in the field of reclamation which may significantly improve the reclamation process. Modified permits or Reclamation Plans shall be binding upon the operator and all successors, heirs, and assigns of the applicant.

E.

Expiration Date. The Commission or Hearing Officer may establish an expiration date for a Surface Mining Permit. Where no expiration date is specified in the permit, the permit shall terminate and cease to be in effect at the time a new principal use is established on the subject property or upon being deemed abandoned, as provided in Section 22.190.090 (Idle Mine Operations), whichever occurs first.

(Ord. 2019-0004 § 1, 2019.)

A.

Findings Prerequisite to Approval.

1.

The Commission or Hearing Officer shall approve a Reclamation Plan if the Commission or Hearing Officer finds, based upon substantial evidence in the record, that the plan conforms to the requirements of Sections 2772, 2773 and 2773.1 of the California Public Resources Code, Sections 3501 and 3503 of Title 14 of the California Code of Regulations, and the provisions of this Title 22 and, further, that the mined lands will be reclaimed so that they are readily adaptable for uses consistent with the General Plan.

2.

Should the Commission or Hearing Officer take an action which is at variance with a recommendation or objection raised by the State Geologist, their findings shall address, in detail, why the specific comment or objection was not accepted.

3.

In approving a Reclamation Plan, the Commission or Hearing Officer shall:

a.

Require such changes to the plan and impose such conditions as are necessary to conform the plan to requirements of the applicable State and County Codes, including provision of financial assurances and annual adjustments of such assurances as required by the California Surface Mining and Reclamation Act and related regulations.

b.

Establish a schedule for beginning and completion of all reclamation activities, which schedule shall, at the discretion of the Commission or Hearing Officer, be based upon times certain or upon milestone events, or a combination of both.

c.

Establish a schedule for annual inspections of reclamation activities pursuant to the provisions of Section 2772(b) of the California Public Resources Code.

d.

Establish a schedule for periodic review of the Reclamation Plan at intervals of not less than 10 years, said review to be conducted as provided in Section 22.190.070.D (Periodic Review of Permit Conditions and Reclamation Plan).

e.

Require as a condition of approval, financial assurances in accordance with Section 2773.1 of the California Public Resources Code.

f.

Require that the mine operator file a covenant against the property with the Recorder-Registrar/County Clerk containing the following statement before commencing operation of a new surface mine or, in the case of an existing mine as described in Section 22.190.030.D.4, within 30 days following notice of approval:

"This property is subject to Reclamation Plan (enter case number), requiring, together with other conditions, the completion of a reclamation program before use of the property for a purpose other than surface mining, except as otherwise provided in said plan. Agents of the County and the State of California may enter upon such land to enforce such Reclamation Plan and to effect reclamation, subject to compliance with applicable provisions of law."

g.

Verify that the reclamation plan for any surface mining operation located in a Significant Ecological Area was reviewed by SEATAC in accordance with Section 22.102.150 (Significant Ecological Areas Technical Advisory Committee).

4.

The Commission or Hearing Officer may require modification of the Reclamation Plan or impose such conditions that the Commission or Hearing Officer deems necessary to ensure that the plan is in accord with the requirements in Subsection C, below.

B.

Financial Assurances.

1.

Each mine operator shall provide and maintain financial assurances for completion of reclamation of disturbed lands in compliance with the approved Reclamation Plan and Section 2773.1 of the California Public Resources Code and the administrative regulations adopted pursuant to said Section 2773.1.

2.

At the time of each annual inspection, and as provided by Section 2770 of the California Public Resources Code, the Director of Public Works shall establish the amount of financial assurance required pursuant to the approved Reclamation Plan and State law and regulations.

3.

In the case of a new mine or of an idle mine which is to be reactivated after not having been worked since January 1, 1976, the financial assurance shall be tendered to the County before commencement of mining operations. The Director of Public Works shall establish the amount of such assurance based upon the estimated amount of disturbed lands after the first full year of mining.

4.

The Director of Public Works shall notify the mine operator of the amount of assurance in person or by certified mail, with copies sent to the Director and the State Geologist.

5.

For ongoing mining operations the assurance shall be tendered to the County within 60 days of receipt by the mine operator of notice of the amount of the assurance from the Director of Public Works.

6.

Forfeiture of the financial assurances shall be subject to the provisions of Section 2772.1 of the California Public Resources Code and all proceeds from the forfeited financial assurances shall be used to conduct and complete reclamation in accordance with the approved Reclamation Plan.

C.

Reclamation Activities—Specifications. Unless otherwise specified in the approved Reclamation Plan, the reclamation of mined lands shall be carried out in accordance with the following requirements:

1.

Concurrent Reclamation.

a.

The reclamation of mined lands shall occur as soon as practical following completion of mining operations at successive locations within the mining site as required by the schedule in the approved Reclamation Plan.

b.

The reclamation of lands affected by surface mining operations shall be completed within one year of the completion of mining operations on such lands.

2.

Disposal of Overburden and Mining Waste.

a.

Permanent piles or dumps of overburden and waste rock placed on the land shall be made stable, shall not restrict natural drainage without provision for diversion, and shall have an overall smooth or even profile subject to the satisfaction of Public Works. Where practical, such permanent piles or dumps shall be located in the least visible location at the mining site.

b.

Old equipment and inert mining wastes shall be removed or buried subject to the approval of the Commission or Hearing Officer.

c.

Toxic materials shall be removed from the site or permanently protected to prevent leaching into the underlying groundwater, to the satisfaction of the Department of Public Health.

d.

Overburden and mining waste placed beneath the existing or potential groundwater level which will reduce the transmissivity or area through which water may flow shall be confined to an area approved by Public Works.

3.

Revegetation.

a.

All permanently exposed lands that have been denuded by mining operations shall be revegetated to provide ground cover sufficient to control erosion from such lands.

b.

All plantings shall be established and maintained in good horticultural condition. The revegetation shall be able to survive under natural conditions, with native species used whenever possible.

c.

Revegetation methods shall take into account the topography and existing growth patterns and mixes of flora present at and adjacent to the site of mining operations to create a more natural appearance. Plantings shall avoid rigid, geometric patterns and shall utilize natural scatterings.

4.

Resoiling.

a.

Resoiling measures shall take into consideration the quality of soils which may be required to sustain plant life pursuant to any revegetation that the Commission or Hearing Officer may require in its approval of the applicant's Reclamation Plan.

b.

Coarse, hard material shall be graded and covered with a layer of finer material or weathered waste. A soil layer shall then be placed on this prepared surface. Where quantities of available soils are inadequate to provide cover, native materials shall be upgraded to the extent feasible for this purpose.

5.

Final Slopes.

a.

Final slopes shall be engineered and contoured to be geologically stable, to control the drainage therefrom, and to blend with the surrounding topography where practical. On the advice of Public Works, the Commission or Hearing Officer may require the establishment of terrace drains to control drainage and erosion.

b.

Final slopes shall not be steeper than two feet horizontal to one foot vertical (2:1) unless the applicant can demonstrate to the Commission or Hearing Officer satisfaction, that a steeper slope will not:

i.

Reduce the effectiveness of revegetation and erosion control measures where they are necessary;

ii.

Be incompatible with the alternate future uses approved by the Commission for the site; and

iii.

Be hazardous to persons that may utilize the site under the alternate future uses approved for the site.

6.

Drainage, Erosion, and Sediment Control.

a.

Any temporary stream or watershed diversion shall be restored to its state prior to any surface mining activities unless the Commission or Hearing Officer deems otherwise based on recommendations from Public Works.

b.

Stream bed channels and stream banks affected by surface mining shall be rehabilitated to a condition which would minimize erosion and sedimentation.

c.

Revegetation and regrading techniques shall be designed and executed so as to minimize erosion and sedimentation. Drainage shall be provided to natural outlets or interior basins designed for water storage, with such basins subject to the approval of the Director of Public Works. In addition, final excavation shall eliminate potholes and similar catchments to prevent potential breeding areas for mosquitoes.

d.

The final grading and drainage of the site shall be designed in a manner to prevent discharge of sediment above natural levels existent prior to mining operations.

e.

Silt basins which will store water during periods or surface runoff shall be equipped with sediment control and removal facilities and protected spillways designed to minimize erosion when such basins have outlet to lower ground.

f.

No condition shall remain after reclamation which will or could lead to degradation of groundwater quality below applicable standards of the Regional Water Quality Control Board or any other agency with jurisdiction over water quality.

7.

Backfilling and Grading.

a.

Subject to the approval of Public Works, backfilled and graded areas shall be compacted to avoid excessive settlement and to the degree necessary to accommodate anticipated future uses.

b.

Materials used in the refilling shall be of a quality suitable to prevent contamination and/or pollution of groundwater. If materials for backfilling and grading are obtained from an area other than the site of surface mining operations, such materials shall be included and the approximate quantities identified in the applicant's Reclamation Plan.

8.

Water Features. Reservoirs, ponds, lakes, or any body of water created as a feature of the reclamation plan shall be approved by Public Works and by the Department of Public Health.

D.

Establishment of New Principal Use—Restrictions. No new principal use shall be established on any property for which a Reclamation Plan has been approved unless all reclamation required therein has been completed, except as otherwise provided herein. Where concurrent reclamation is approved pursuant to Subsection C.1, above, the Commission or Hearing Officer may approve the establishment of a new principal use upon completion of each phase of the Reclamation Plan.

E.

Amendments. Amendments to an approved Reclamation Plan, including attendant time schedules, may be submitted to the Commission or Hearing Officer at any time, detailing proposed changes from the original plan. Amendments to an approved Reclamation Plan shall be approved in the manner prescribed for approval of a Reclamation Plan.

F.

Information and Documents Required.

1.

The Reclamation Plan shall be applicable to a specific property or properties and shall be based upon the character of the surrounding area and such characteristics of the property as the type of overburden, vegetation, soil stability, topography, geology, climate, stream characteristics, and principal mineral commodities.

2.

All Reclamation Plans shall contain the following information and documents:

a.

The estimated time schedule for the beginning and completion of reclamation activities. If the mining operation is to be accomplished in phases, the time schedule shall indicate the estimated beginning and completion of reclamation activities for each phase.

b.

An estimate of the cost of completion of reclamation activities, computed at current cost at the time proposed in the time schedule submitted for completion of the Reclamation Plan.

c.

A description of the existing vegetation at, and surrounding, the site;

d.

A general description of the geology of the surrounding area and a detailed description of the geology at the reclamation site.

e.

A description of the proposed use or potential uses of land after reclamation, and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses.

f.

A description of the manner in which reclamation, adequate for the proposed use or potential uses, will be accomplished, including:

i.

The manner in which mining wastes and related contaminants will be controlled and disposed of; and

ii.

The manner in which affected streambed channels and stream banks will be rehabilitated to a condition minimizing erosion and sedimentation.

g.

An assessment of the effect of implementation of the Reclamation Plan on future mining in the area.

h.

A statement by the applicant that he accepts responsibility for reclaiming mined lands in accordance with the approved Reclamation Plan.

i.

A statement by the applicant that he accepts responsibility for all completed reclamation work for a period of two years or such greater period as deemed necessary by the Commission or Hearing Officer to ensure the permanency of all features of the Reclamation Plan. This Subsection shall not apply to normal maintenance and repairs unrelated to the reclamation work on public facilities where dedicated to and accepted by the County.

j.

Such other information as the Commission, Hearing Officer, or Director may require. The Director may waive the filing of one or more of the above items where unnecessary to process the application.

3.

Where Reclamation Plans are not filed as a part of a Surface Mining Permit, such plan shall be accompanied by an application for separate Reclamation Plan approval which contains the following information:

a.

The names and addresses of the applicant and the mining operator, if different, and of any persons designated by the applicant as his agents for service of process.

b.

The names and addresses of all persons owning a possessory and/or mineral interest in any or all of the property to be used for mining operations.

c.

A statement indicating the reason under Section 22.190.030.D (Exemptions) why a Surface Mining Permit is not required. Include any identifying Conditional Use Permit or Zone Exception Case numbers.

d.

The requirements of a Surface Mining Permit checklist.

(Ord. 2019-0072 § 3, 2019; Ord. 2019-0004 § 1, 2019.)

22.190.090 - Idle Mine Operations.

A.

Within 90 days of a surface mining operation becoming idle, as defined in this Title 22 and in Section 2727.1 of the California Public Resources Code, the mine operator shall submit an interim management plan to the Director for review and approval as required in Section 2770(h) of the California Public Resources Code.

B.

Before submitting the plan for review, the mine operator shall request an inspection of the site by Public Works. Upon notification of the results of the inspection, the operator shall submit a plan indicating what measures will be necessary for the protection of adjacent properties, environmental resources, and the general public, for review and approval.

C.

The interim management plan shall be reviewed and acted upon in accord with the procedures set forth in Section 2770 of the California Public Resources Code and upon adoption shall be an amendment to the approved Reclamation Plan.

D.

Required financial assurances shall remain in effect during the period the surface mining operation is idle. Posting shall be maintained as provided in Section 22.190.050.I (Boundary Markers).

E.

The interim management plan may remain in effect for a period not to exceed five years, at which time the Director in accordance with Section 2770 of the California Public Resources Code shall do one of the following:

1.

Renew the interim management plan for a period not to exceed five years, if the Director finds that the surface mining operator has complied fully with the interim management study; or

2.

Require the surface mining operator to commence reclamation in accordance with the approved Reclamation Plan.

F.

Notwithstanding any provision of this Title 22 or of an entitlement granted pursuant to this Title 22, unless review of an interim management plan is pending before the Commission or Hearing Officer, or an appeal is pending before the Board, a surface mining operation which after January 1, 1991, remains idle for over one year after becoming idle without obtaining approval of an interim management plan shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved Reclamation Plan.

(Ord. 2019-0004 § 1, 2019.)

An applicant whose request for a Surface Mining Permit to conduct mining operations has been denied, or any person who is aggrieved by the granting of a permit to conduct mining operations in an area of statewide or regional significance may, within 15 days following denial of an appeal, also appeal to the State Mining and Geology Board as provided in Section 2775 of the Surface Mining and Reclamation Act of 1975.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.192 - URBAN AGRICULTURE INCENTIVE ZONE PROGRAM

The provisions of this Chapter are known as, and may be cited as, the "Los Angeles County Urban Agricultural Incentive Zone Program."

(Ord. 2019-0004 § 1, 2019.)

The purpose of this Los Angeles County Urban Agriculture Incentive Zone ("UAIZ") Program is to implement the UAIZ Act ("Act"), as described in Section 51040 et seq., of the California Government Code to promote and foster urban agriculture. The UAIZ Program is designed to increase access to healthy food by providing an incentive for property owners of eligible vacant or unimproved properties within the urban areas of the County to utilize these properties for small-scale agricultural uses. The property owners of eligible properties may enter into agreements with the County, or respective cities that elect to participate in the UAIZ Program, to promote urban agriculture enterprises in exchange for reduced property tax assessments under Section 422.7 of the California Revenue and Taxation Code.

(Ord. 2019-0004 § 1, 2019.)

An UAIZ is hereby established for all urbanized areas, as defined by the Act, throughout the unincorporated area of the County, with the exception of any unincorporated area located within the sphere of influence of an incorporated city, unless and until the legislative body of the city has consented to the inclusion of all or a part of its sphere of influence in the County's UAIZ. Each incorporated city within the County, may, likewise, establish an UAIZ within its jurisdiction by passage of a resolution after a public hearing before its respective legislative body, so long as there is a process by which each such city causes its UAIZ Agreements to be recorded with the Registrar-Recorder/County Clerk, and causes a stamped copy of its UAIZ Agreements to be submitted to the Assessor. For each such recorded and submitted UAIZ Agreement, the Assessor will apply the appropriate assessment formula annually to derive the reduced assessment roll value, for each year of the UAIZ Agreement period. Each UAIZ established by a city pursuant to this Section shall be also subject to the provisions set forth in Sections 22.192.040 (Maximum Allocation) through 22.192.060 (Permitted Land Uses), and 22.192.130 (Program Operative Date) in this Chapter. However, regardless of population or location in unincorporated or incorporated territory, an UAIZ

shall never include, in whole or in part, a National Recreation Area, Significant Ecological Area, and/or Sensitive Environmental Resource Area.

(Ord. 2019-0004 § 1, 2019.)

In implementing the UAIZ Program, the maximum loss to the County in unrealized ad valorem property tax revenue (Article XIIIA of the California Constitution) resulting from the UAIZ Agreements, whether within the unincorporated area of the County or an incorporated city participating in the UAIZ Program, shall be a cumulative total of three million dollars for the life of the UAIZ Program. The Assessor will track the total unrealized property tax revenue loss anticipated from each UAIZ Agreement, and will notify the Director and cities with UAIZs when the maximum allocation is reached. No individual property or economic parcel shall exceed an annual unrealized property tax revenue loss to the County of $15,000.

(Ord. 2019-0004 § 1, 2019.)

To be eligible for the UAIZ Program, all of the following requirements must be met:

A.

The property is vacant, unimproved, or contains only non-habitable structures that are or will be accessory to agricultural uses, such as a toolshed, greenhouse, produce stand, or instructional facility.

B.

The property is located within a Census-designated urbanized area, as defined in the Act, so long as it is not wholly or partially within a National Recreation Area, Significant Ecological Area, or Sensitive Environmental Resource Area.

C.

The property in its entirety shall be available for and dedicated to agricultural uses immediately and for the duration of the initial Agreement, which shall be for a term of five years.

D.

The property shall be a minimum of one-tenth of an acre and a maximum of three acres.

E.

Secured property tax obligations shall be current and paid according to installments determined by State law.

F.

The UAIZ Agreement shall contain all provisions required by the Act.

(Ord. 2019-0004 § 1, 2019.)

Eligible land uses under the UAIZ Program may include any agricultural land uses that are permitted or conditionally permitted both by the Act and by local regulations, including local planning and zoning codes.

(Ord. 2019-0004 § 1, 2019.)

22.192.070 - Application for UAIZ Agreement within County's UAIZ.

A.

Property owners, or authorized persons thereof, of an eligible property within the County's UAIZ may file an application with the Department to enter into an UAIZ Agreement.

B.

Each application shall contain the following information:

1.

Name and address of the owners of the subject property.

2.

Evidence that the applicant is the sole owner of the subject property or has the written permission of all owners to make such application.

3.

The location and legal description of the subject property.

4.

Evidence that the subject property is currently vacant or unimproved, and contains no habitable structures.

5.

Proposed agricultural activity or land uses, including crop types.

6.

An agreement signed by all property owners to commit to the terms of the UAIZ Agreement.

7.

A site plan evidencing to the satisfaction of the Director that execution of the UAIZ Agreement will result in actual utilization of the entire property for agricultural activity for the entire contractual period of five years.

8.

Such other information as the Director may require.

(Ord. 2019-0004 § 1, 2019.)

For proposed uses that trigger other County Code requirements, the Department will make referrals to other departments as appropriate. The Director shall make a determination based on compliance with Section 22.192.070.B, above, and the recommendation from other departments, as applicable, to approve or deny the application.

(Ord. 2019-0004 § 1, 2019.)

An approved application for property within the County's UAIZ will be finalized by execution of a notarized UAIZ Agreement by the Director, or the Director's designee, and the applicant, which shall include the approved site plan as an Exhibit "A." The term of an approved UAIZ Agreement for property within the County's UAIZ shall commence on the first day of January following recordation of the UAIZ Agreement.

(Ord. 2019-0004 § 1, 2019.)

An UAIZ Agreement for property within the County's UAIZ, including the site plan attached as an Exhibit "A", shall be recorded by the property owner with the Registrar-Recorder/County Clerk. The applicant shall provide copies of the recorded UAIZ Agreement to the Assessor and the Department. After recordation, the Assessor will apply the appropriate assessment formula annually to derive the reduced assessment roll value, for each year of the UAIZ Agreement period.

(Ord. 2019-0004 § 1, 2019.)

Within 90 days after the recordation of any UAIZ Agreement for property within the County's UAIZ and every subsequent year thereafter, the Agricultural Commissioner shall conduct a site inspection to verify the property owner's conformance to the terms of the UAIZ Agreement.

(Ord. 2019-0004 § 1, 2019.)

22.192.120 - Cancellation of an UAIZ Agreement with County.

A.

Circumstances for Cancellation.

1.

County-Initiated Cancellation for Noncompliance. If the Agricultural Commissioner finds that the property does not conform to the terms of the UAIZ Agreement, the Agricultural Commissioner will report any issues to the Department, which will then make any appropriate referrals to other departments based on the nature of the issue of noncompliance. The respective department shall initiate enforcement actions to bring

the property into compliance. Should the property owner fail to comply with the corrective actions requested by the enforcing department within a time period set forth by such department, then notice of such continuing violation shall be submitted to the Director. The Director shall then notify the property owner by mail that the UAIZ Agreement will be cancelled 15 calendar days after mailing of the notice. At the end of the 15 days, the Department shall execute a cancellation document and record it with the RegistrarRecorder/County Clerk and notify the Agricultural Commissioner and Assessor.

2.

Owner-Initiated Cancellation. If the property owner submits a request to the Director to cancel a recorded UAIZ Agreement, the Director will execute a cancellation document with the property owner, which the Director will record with the Registrar-Recorder/County Clerk and notify the Agricultural Commissioner and Assessor.

B.

Effect of Cancellation—Tax Rate. The property shall be reassessed to its previous non-agricultural tax rate from the first day of January following recordation of the cancellation document. The property owner shall also receive a secured property tax bill equal to the cumulative value of the tax benefit received during the

duration of the UAIZ Agreement upon the property owner for cancellation of any Agreement prior to the expiration of that Agreement, unless the Director makes a determination that the cancellation was caused by extenuating circumstances despite the good faith effort by the property owner.

(Ord. 2019-0004 § 1, 2019.)

Unless extended by State law, no UAIZ Agreement for property within the County's UAIZ or any city's UAIZ shall be renewed or created after January 1, 2019. However, any UAIZ Agreement entered into pursuant to this Chapter on or before January 1, 2029, shall be valid and enforceable for the duration of the UAIZ Agreement.

(Ord. 2022-0008 § 117, 2022; Ord. 2019-0004 § 1, 2019.)

Chapter 22.194 - VARIANCES

The variance is established to permit modification of development standards as they apply to particular uses when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Title 22, develop through the strict literal interpretation and enforcement of such provisions.

(Ord. 2019-0004 § 1, 2019.)

A variance may be granted to permit modification of the following where mandated by this Title 22:

A.

Building line setbacks, yards, open space, and buffer areas.

B.

Height, lot coverage, density, and bulk regulations.

C.

Off-street parking spaces, maneuvering areas and driveway width, and paving standards.

D.

Landscaping requirements.

E.

Wall, fencing, and screening requirements.

F.

Street and highway dedication and improvement standards.

G.

Lot area and width requirements.

H.

Operating conditions such as hours or days of operation, number of employees, and equipment limitations.

I.

Sign regulations other than outdoor advertising.

J.

Distance-separation requirements.

(Ord. 2019-0004 § 1, 2019.)

A.

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

B.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

A.

Adequate Water Supply—Criteria. If it appears that the variance requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted in the same zone without a variance, and will not comply with the provisions of Division 1 (Water) of Title 20 of the County Code, such facts shall be prima facie evidence that such requested variance will adversely affect and be materially detrimental to adjacent uses, buildings, and structures and will not comply with the provisions of Section 22.194.050 (Findings and Decision).

(Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.200 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

Because of special circumstances or exceptional characteristics applicable to the property, the strict application of the County Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

2.

The modification authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated.

3.

Strict application of zoning regulations as they apply to such property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards.

4.

Such adjustment will not be materially detrimental to the public health, safety, or general welfare, or to the use, enjoyment, or valuation of property of other persons located in the vicinity.

(Ord. 2019-0004 § 1, 2019.)

A.

The Commission or Hearing Officer may impose conditions to ensure that the approval will be in accordance with the findings required by Section 22.194.050 (Findings and Decision). Such conditions may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such variance is requested, including those specified in Section 22.158.060 (Conditions of Approval).

B.

The application may be approved contingent upon compliance with applicable provisions of other ordinances any other federal, State, or County requirements.

(Ord. 2019-0004 § 1, 2019.)

22.194.070 - All Zone Regulations Apply Unless Variance is Granted.

Unless specifically modified by a variance, all regulations prescribed in the zone in which such variance is granted shall apply.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.196 - YARD MODIFICATIONS

Yard Modifications, where authorized by Section 22.110.989.E.3 (Yard Modification), Section 22.110.190 (Modifications Authorized) or as otherwise authorized by this Title 22, shall comply with this Chapter.

(Ord. 2022-0008 § 118, 2022; Ord. 2019-0004 § 1, 2019.)

22.196.020 - Application and Review Procedures.

A.

Application Checklist. The application submittal shall contain all of the materials required by the Yard Modification checklist.

B.

Type II Review. The application shall be filed and processed in compliance with Chapter 22.228 (Type II Review—Discretionary) and this Chapter.

C.

Agency Review. Upon receipt of an application request for a modification on yards contiguous to a limited secondary highway, according to Section 22.110.080.E.3 (Yard Modification), the Director shall refer a copy of the application to the Director of Public Works. The application shall not be approved unless the written concurrence of the Director of Public Works has been received.

(Ord. 2019-0004 § 1, 2019.)

22.196.030 - Findings and Decision.

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.228.050 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

Topographic features, subdivision plans, or other site conditions create an unnecessary hardship or unreasonable regulation or make it obviously impractical to require compliance with the yard requirement or setback line.

2.

The proposed structure is similar to the setbacks of other legally-built structures on adjacent or neighboring properties.

3.

The use, development of land, and application of development standards is in compliance with all applicable provisions of this Title 22.

4.

The use, development of land, and application of development standards, when considered on the basis of the suitability of the site for the particular use or development intended, is so arranged as to avoid traffic congestion, provide for the safety and convenience of bicyclists and pedestrians, including children, senior citizens, and persons with disabilities, insure the protection of public health, safety, and general welfare, prevent adverse effects on neighboring property and is in conformity with good zoning practice.

5.

The use, development of land, and application of development standards is suitable from the standpoint of functional developmental design.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.198 - ZONE CHANGES

A Zone Change may be initiated to change the zone classification on a lot from one zone to another zone. A Zone Change may be approved whenever the Board finds that the public convenience, the general welfare, or good zoning practice justifies such action, in compliance with this Chapter, this Title 22, and Title 7 (Planning and Land Use) of the California Government Code.

(Ord. 2019-0004 § 1, 2019.)

22.198.020 - Applicability.

A.

Initiation. Initiation of a Zone Change shall be in compliance with Section 22.222.120.A (Initiation and Scheduling).

B.

Additional Area Included When. Where an application is filed, the Commission or Director may elect to include additional property within the boundaries of the area to be studied when, in their opinion, good zoning practice justifies such action.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Zone Change Checklist, including the written permission of the owner for each lot involved in the application.

B.

Type IV Review. The application shall be filed and processed in compliance with Chapter 22.232 (Type IV Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

A.

Adequate Water Supply—Criteria. The Commission shall consider whether or not the application, if adopted, will result in a need for a greater water supply for adequate fire protection and, if so, what are the existing and proposed sources of such an adequate water supply. The Commission may request that the Fire Department or Public Works, supply it with all facts, opinions, suggestions, and advice which may be material to reaching a decision on any or all matters mentioned in this Subsection A.

(Ord. 2019-0004 § 1, 2019.)

22.198.050 - Findings and Decision.

A.

Findings and decision shall be made in compliance with Section 22.232.040.A.2 (Findings) and include the findings in Subsection B, below.

B.

The Commission shall recommend approval of an application to the Board if the following findings are made:

1.

Modified conditions warrant a revision in the Zoning Map as it pertains to the area or district under consideration.

2.

A need for the proposed zone classification exists within such area or district.

3.

The particular property under consideration is a proper location for said zone classification within such area or district.

4.

The zone classification at such location will be in the interest of public health, safety and general welfare.

5.

The Zone Change is consistent with the General Plan.

6.

If the Zone Change will permit any uses prohibited by the existing zoning, that such Zone Change will not result in a need for a greater water supply for adequate fire protection or that the existing and proposed sources of water will provide an adequate water supply.

(Ord. 2022-0008 § 119, 2022; Ord. 2019-0004 § 1, 2019.)

Division 9 - ADMINISTRATION

Chapter 22.220 - PLANNING AGENCY

This Chapter identifies the powers and duties of the officials responsible for administering Title 21 (Subdivisions) and this Title 22.

(Ord. 2019-0004 § 1, 2019.)

The Board, established pursuant to Title 2 (Administration) of the County Code and Section 25000 et seq. of the California Government Code, has the following zoning and administrative powers and duties:

A.

Initiates amendments to the General Plan, Title 22, or Zoning Map.

B.

Adopts amendments to the General Plan, Title 22, or Zoning Map.

C.

Considers and certifies CEQA documents and hears appeals on CEQA determinations by the Commission, Hearing Officer, or Director.

D.

Affirms, modifies, or reverses decisions made by the Commission; as provided for in Chapter 22.240 (Appeals).

E.

Establishes fees to file applications and for services provided by the Department.

F.

Appoints commissioners as provided for in Chapter 2.108 (Regional Planning Commission) in Title 2 of the County Code.

G.

Appoints the Director as provided for in Chapter 2.106 (Department of Regional Planning) in Title 2 of the County Code.

H.

Appoints Hearing Officers and Hearing Examiners based on the recommendation of the Director.

(Ord. 2019-0004 § 1, 2019.)

22.220.030 - Regional Planning Commission.

The Regional Planning Commission (Commission) is established pursuant to Title 2 (Administration) of the County Code and Sections 65101 and 65902 of the California Government Code. The Commission has the following powers and duties:

A.

Initiates amendments to the General Plan, Title 22, or Zoning Map.

B.

Recommends approval or denial of amendments to the General Plan, Title 22, or Zoning Map and other legislative actions to the Board.

C.

Conducts public hearings and, based on findings, approves, conditionally approves, or denies discretionary applications.

D.

Considers, adopts, or certifies CEQA documents for applications.

E.

Affirms, modifies, or reverses decisions made by the Hearing Officer through appeals or calls for review pursuant to Chapter 22.240 (Appeals) and Section 65903 of the California Government Code.

(Ord. 2019-0004 § 1, 2019.)

The Hearing Officer is appointed by the Director and confirmed by the Board. The Hearing Officer has the authority to approve, conditionally approve, or deny applications and CEQA documents, subject to this Title 22. The Hearing Officer has the following powers and duties:

A.

Conducts public hearings and, based on findings, approves, conditionally approves, or denies discretionary applications or refer the decision to the Commission.

B.

Considers, adopts, or certifies CEQA documents.

C.

Considers and sustains, modifies, or rescinds appeals from Final Zoning Enforcement Orders pursuant to Chapter 22.242 (Enforcement Procedures).

(Ord. 2019-0004 § 1, 2019.)

22.220.050 - Director of Regional Planning.

The Director of Regional Planning (Director) is appointed by the Board pursuant to Chapter 2.106 (Department of Regional Planning) in Title 2 of the County Code. The Director may delegate powers and duties to Department staff, who are supervised by and report to the Director. The Director has the following powers and duties:

A.

Performs initial reviews of ministerial and discretionary applications and notifies the applicant if additional information is necessary to complete review of the application.

B.

Approves or denies ministerial applications.

C.

Reviews applications subject to CEQA and the County's environmental review requirements and prepares CEQA documentation for the Review Authority as defined in Section 22.222.030.

D.

Interprets Title 22 pursuant to Chapter 22.234 (Interpretations).

E.

Recommends appointment of candidates for Hearing Officer and Hearing Examiner for decision by the Board.

F.

Issues Final Zoning Enforcement Orders pursuant to Chapter 22.242 (Enforcement Procedures).

(Ord. 2019-0004 § 1, 2019.)

22.220.060 - Hearing Examiner.

The Hearing Examiner is appointed by the Director and confirmed by the Board. The Hearing Examiner has the following powers and duties, pursuant to Section 22.222.190 (Hearing Examiner Public Hearing):

A.

Conducts public hearings and receives public testimony, when determined by the Director.

B.

Provides a report of the public hearing and makes recommendations to the Commission.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.222 - ADMINISTRATIVE PROCEDURES

This Chapter identifies common procedures for administering permits, reviews, and legislative actions and for administering Type Reviews in this Title 22.

(Ord. 2019-0004 § 1, 2019.)

22.222.020 - Applicability.

A.

Unique procedures in this Chapter shall apply only when a specific reference is made to this Chapter, or Section, or subsection of this Chapter.

B.

Unique procedures in this Chapter may be modified if specifically stated in a permit or review.

(Ord. 2019-0004 § 1, 2019.)

The Review Authority is the decision maker for an application. The Review Authority may refer an application to another Review Authority for a decision on the application. Table 22.222.030-A, below, identifies each Review Authority.

TABLE 22.222.030-A: REVIEW AUTHORITY AND APPEAL BODIES

Board Commission Hearing Officer Director

(Ord. 2019-0004 § 1, 2019.)

The Appeal Body is the decision maker for an appeal of a decision by the Review Authority, when applicable.

(Ord. 2019-0004 § 1, 2019.)

22.222.050 - Advisory Body.

An Advisory Body includes:

A.

A Review Authority that provides a recommendation to another Review Authority.

B.

Other County departments and experts in relevant subject areas that provide comments and recommendations to the Review Authority. Such bodies include, but are not limited to, the Subdivision Committee, Significant Ecological Area Technical Advisory Committee (SEATAC), Environmental Review Board (ERB), and the Fire, Public Works, Parks and Recreation, and Public Health Departments.

C.

Any federal, State, County, or local agency.

(Ord. 2019-0004 § 1, 2019.)

A.

Review Authority in Multiple Applications. When two or more applications are filed on a property, all applications associated with said property may be subject to concurrent review by the Review Authority.

B.

Findings for Multiple Discretionary Applications.

1.

General. When two or more discretionary applications are filed on a property, the Review Authority in making its findings shall consider each case individually and as if each application was filed separately.

2.

Housing Accountability Act. When two or more discretionary applications are filed for an emergency shelter or a housing development project, including housing for very low-, low-, or moderate-income households, as defined in Section 22.14.080, findings and decisions on all such applications shall be subject to Section 22.222.200.B.2 (Housing Accountability Act).

C.

Application Submittals for Multiple Applications. When two or more applications are filed on a property, the Director may waive individual application submittal requirements.

(Ord. 2023-0038 § 16, 2023; Ord. 2019-0004 § 1, 2019.)

22.222.070 - Application Filing and Withdrawal.

A.

Application Forms and Submittal Information.

1.

The Director shall prepare a checklist that indicates the forms, information, and materials necessary for processing each permit or review application.

2.

For each permit or review requested by the applicant, the application submittal shall include:

a.

Forms, information, and materials required by the checklist.

b.

Fees or deposits, in compliance with Section 22.222.080 (Fees and Deposits).

3.

The accuracy of the permit or review application submittal shall be the responsibility of the applicant.

4.

All materials submitted for an application become County property. Said materials may be made available for public review.

B.

Applicants. The following persons may file applications:

1.

The owner of the subject property;

2.

An agent for the applicant with written authorization by the owner of the subject property;

3.

The plaintiff in an action in eminent domain to acquire the subject property, or any portion thereof; or

4.

A public agency in negotiation to acquire the subject property or any portion thereof.

C.

Resubmission of Application. No discretionary application shall be filed or accepted if a final action (approval or denial), excluding a denial of an inactive application in accordance with Section 22.222.100 (Denial of Inactive Application), has been taken within one year on an application requesting the same or substantially the same permit.

D.

Withdrawal of Application.

1.

An application may be withdrawn at any time prior to final action by filing a written request with the Director.

The request shall be signed by all persons who signed the original application, or their successors in interest.

3.

Refunds shall be issued in compliance with Section 22.222.080.C (Refunds).

(Ord. 2023-0038 § 17, 2023; Ord. 2019-0004 § 1, 2019.)

22.222.080 - Fees and Deposits.

A.

Filing Fees and Deposits Required. No application shall be accepted without payment of the required fee or deposit. Fees and deposits are established in Chapter 22.250 (Applications, Petitions, and Fees).

B.

Additional Fees. In addition to any fees or deposits required by this Title 22, the applicant shall pay any fees or deposits required by any other agency, statute, or ordinance.

C.

Refunds.

1.

Fee Refunds. If an application is withdrawn as provided in Section 22.222.070.D (Withdrawal of Application), the Director shall refund a portion of the filing fee in accordance with the refund policy on file with the Department. The purpose of the refund policy is to ensure that the Department recovers the costs it has incurred up to the time the application is withdrawn. There shall be no refund of any portion of the filing fee after the publication of notice per Section 22.222.180 (Publication).

2.

Deposit Account Refunds. If requested by the applicant, the Director shall refund the unused portion of a deposit account after final action has been taken on an application or after the application has been withdrawn.

(Ord. 2023-0038 § 18, 2023; Ord. 2019-0004 § 1, 2019.)

22.222.090 - Initial Application Review.

A.

Review of Application. The Director shall review the application and determine if additional materials are required.

B.

Request for Materials. The Director may require materials to clarify, correct, or otherwise supplement the application after it has been accepted by the Department for processing. Materials may include additional or revised applications, exhibits, site plans, elevations, information, fees, and any other materials that are necessary to complete the review of the application. When materials are required, the Director shall provide a written request to the applicant. If the requested materials are not provided, the Director may deem the application inactive per Section 22.222.100.A (Inactive Application).

C.

Consultation. The Director may consult with any Advisory Body (Section 22.222.050) regarding an application that has been accepted by the Department for processing. The applicant shall pay any additional fees required for said consultation in compliance with Section 22.222.080.B (Additional Fees) or as required by said agency for such consultation. If any required fee is not paid, the Director may deem the application inactive per Section 22.222.100.A (Inactive Application).

D.

Inspections. Any County official participating in the review of the application shall be granted access to the premises or property that is the subject of the application. Failure to cooperate with any County official may result in suspension of application processing until the inspection is completed. If access is not granted, the Director may deem the application inactive per Section 22.222.100.A (Inactive Application).

E.

Review Authority. Where applicable, the Director shall refer an application to the Review Authority for review and decision after all required materials or fees are submitted and all required reviews, consultations, and inspections have been completed.

(Ord. 2019-0004 § 1, 2019.)

22.222.100 - Denial of Inactive Application.

A.

Inactive Application. If the applicant does not provide all items required by Section 22.222.070 (Application Filing and Withdrawal) or Section 22.222.090 (Initial Application Review) within the time period specified by the Director, or, if no time is specified, within 30 days of notification, the Director may deem the application inactive. The Director may extend the time period upon written request from the applicant. Unless contrary to State law, the Director or Hearing Officer may deny an application according to Subsection B or C, below, once the Director deems an application inactive.

B.

Denial by Director. When any of the following applications are deemed inactive per Subsection A, above, the Director may deny the application without a public hearing. The Director's decision is final and not subject to administrative appeal.

Adult Business Permit (Chapter 22.150);

2.

Administrative Housing Permit (Chapter 22.166) unless filed concurrently with a discretionary or legislative application;

3.

Los Angeles County Mills Act Program (Chapter 22.168);

4.

Lot Line Adjustments (Chapter 22.170);

5.

Oak Tree Permit (Chapter 22.174) unless a public hearing is required in accordance with Section 22.174.040;

6.

Parking Deviations, Minor (Chapter 22.176);

7.

Requests for Reasonable Accommodations (Chapter 22.182);

8.

Revised Exhibit "A"s (Chapter 22.184);

9.

Site Plan Review, Ministerial (Chapter 22.186);

10.

Special Events Permits (Chapter 22.188); and

11.

Urban Agriculture Incentive Zone Program (Chapter 22.192).

C.

Denial by Hearing Officer. When any application not listed in Subsection B, above, is deemed inactive per Subsection A, above, the Hearing Officer may deny the application without a public hearing. The Hearing Officer's decision is final and not subject to administrative appeal.

D.

If an application is denied for inactivity in accordance with Subsection B or C, above, the denial shall be issued in accordance with Section 22.222.220 (Notice of Action). No application requesting the same or substantially the same permit shall be filed or accepted within 30 days after the final action.

(Ord. 2023-0038 § 19, 2023; Ord. 2022-0008 § 120, 2022; Ord. 2019-0004 § 1, 2019.)

The Director shall evaluate the project and provide a staff report to the Review Authority based on information in the record at the time of preparation.

(Ord. 2019-0004 § 1, 2019.)

22.222.120 - Public Hearing Procedure.

A.

Initiation and Scheduling.

1.

Initiation. A public hearing before the Commission or Hearing Officer may be initiated:

a.

If the Board instructs the Commission, Hearing Officer, or Director to set the matter for a public hearing;

b.

Upon the initiative of the Commission; or

c.

Upon the filing of an application.

2.

Scheduling. After initiation of a public hearing pursuant to Subsection A.1, above, the Director shall schedule a time and place for the public hearing as required by this Title 22.

B.

Public Hearing.

1.

Review Authority and Hearing Examiner.

a.

A public hearing shall be held before the Commission or Hearing Officer unless the Director determines that the Hearing Examiner shall first hold an initial public hearing.

b.

If the Director determines that the Hearing Examiner shall first hold an initial public hearing, the initial public hearing shall be held in compliance with Section 22.222.190 (Hearing Examiner Public Hearing).

2.

Notice of Public Hearing.

a.

Notice Content. Notice of public hearing shall include the following information:

i.

The information in Section 22.222.140 (Notice Content).

ii.

The date, time, and place of the public hearing and the Review Authority (Commission or Hearing Officer) or Hearing Examiner.

iii.

A general description of the County's procedure concerning the conduct of the public hearing.

iv.

A statement that written comments may be submitted to the Director prior to the hearing and that comments may be made or written material may be submitted at the public hearing.

v.

A statement that any interested person or authorized agent may appear and be heard at the public hearing.

b.

Mailing. Notice of public hearing shall be mailed in compliance with Section 22.222.150 (Mailing) at least 30 days before the public hearing.

c.

Notification Radius. Notice of public hearing shall be mailed in compliance with Section 22.222.160 (Notification Radius).

d.

Sign Posting. A notice of public hearing sign shall be posted in compliance with Section 22.222.170 (Sign Posting) at least 30 days before the public hearing.

e.

Publication. Publication of the notice of public hearing shall be in compliance with Section 22.222.180 (Publication).

3.

Alternative Notice of Public Hearing. As an alternative to Subsection B.2, above, the Director may provide an advertised notice in the time and manner authorized by the California Government Code.

4.

Time and Location. A public hearing shall be held at the date, time, and location for which notice was given.

C.

Continued Public Hearing.

1.

A public hearing may be continued without further notice, provided that the Commission or Hearing Officer announces for the record the date, time, and location where the hearing will be continued before the adjournment of the hearing.

2.

If the public hearing is continued to an undetermined date or taken off the public hearing calendar, the applicant shall pay the rehearing fee per the Filling Fee Schedule before the public hearing is rescheduled. Notice of the continued public hearing shall be provided in the same manner as required for the application.

(Ord. 2019-0004 § 1, 2019.)

A.

Notice of application shall contain notice content in compliance with Section 22.222.140 (Notice Content).

B.

Notice of application shall be mailed in compliance with Section 22.222.150 (Mailing).

(Ord. 2019-0004 § 1, 2019.)

22.222.140 - Notice Content.

Notices shall include the following information:

A.

The application number.

B.

A general description of the application and location of the subject property.

C.

A statement that the application's CEQA document will be considered, if applicable.

D.

A statement that written comments may be submitted to the Director within the specified time period.

E.

The phone number, street address, and website of the Department, where an interested person can call or visit to obtain additional information.

(Ord. 2019-0004 § 1, 2019.)

22.222.150 - Mailing.

A.

Notice shall be mailed or delivered to:

1.

Owner and Applicant. The owner of the subject property, the applicant, and the applicant's agent, when applicable.

2.

Surrounding Properties.

a.

Owners of properties, as required by the permit, review, or this Title 22; and

b.

Such other persons whose property might, in the Director's judgment, be affected by such application.

3.

Persons Requesting Notice. A person who has filed a written request for notice of a specific application with the Director.

4.

Public Agencies. Any public officials, departments, bureaus, or agencies, who, in the opinion of the Director, might be interested in the application.

B.

Failure of any person or entity to receive notice shall not invalidate the actions of the Review Authority.

(Ord. 2019-0004 § 1, 2019.)

A.

Standard Radius. Notice shall be mailed to all owners of property located within a 500-foot radius of the exterior boundaries of the subject property noted on the application, as shown on the County's last equalized assessment roll. For example, see Figure 22.222.160-A, below.

FIGURE 22.222.160-A: NOTIFICATION RADIUS

==> picture [240 x 328] intentionally omitted <==

B.

Additional Radius. Notwithstanding Subsection A, above, notice shall be mailed to all owners of property located within a 1,000-foot radius of the exterior boundaries of the subject property noted on the application, as shown on the County's last equalized assessment roll, unless a more specific radius is required by this Title 22, for properties in the following areas:

1.

Fifth Supervisorial District.

East San Gabriel Valley Planning Area.

3.

Workman Mill Zoned District.

4.

South San Gabriel Zoned District.

5.

The Metro Planning Area.

(Ord. 2024-0032 § 20, 2024; Ord. 2024-0029 § 7, 2024; Ord. 2019-0004 § 1, 2019.)

22.222.170 - Sign Posting.

A.

Time. The applicant shall post signs required by this Section on the subject property.

B.

Dimensions, Materials, and Content. Sign size, height, materials, colors, content, and lettering shall adhere to the specifications described in the checklist by the Department.

C.

Location. One sign shall be erected on each public road frontage adjoining the subject property. The sign shall be legible and accessible by foot from said public roads. If the subject property is not visible from an existing public road, this Subsection C may be modified by the Director.

D.

Additional Posting Requirements. The Director may require additional signs or that signs to be larger and/or constructed of stronger weather-proof materials to improve visibility and legibility at the posted locations.

E.

Verification. At least 30 days prior to the public hearing or decision date, the applicant shall provide the Director with:

1.

A photograph showing the signs erected on the subject property; and

A signed affidavit stating that the signs have been placed on the subject property in compliance with this Section.

F.

Maintenance and Display. The applicant shall be responsible for maintaining signs in a satisfactory condition and continuously displaying the sign according to the period of time specified prior to the public hearing or decision date.

G.

Failure to Comply. Failure of the applicant to comply with this Section shall result in postponement of the public hearing or decision.

H.

Removal. The applicant shall remove signs from the subject property within one week following the close of the public hearing or decision date.

I.

Exception. This Section shall not apply to public hearings on matters initiated by the Board or Commission. The Director may post signs for such public hearings at locations where deemed appropriate.

(Ord. 2022-0008 § 121, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Notice of public hearing or notice of application shall be published once in a newspaper of general circulation in the County available in the community of the subject property and at least 30 days before the public hearing or decision date.

B.

Hearings on general amendments to this Title 22 shall be published once in a newspaper of general circulation in the County at least 30 days before the public hearing.

(Ord. 2019-0004 § 1, 2019.)

22.222.190 - Hearing Examiner Public Hearing.

A.

At the discretion of the Director, the Hearing Examiner may hold an initial public hearing on any matter subject to a public hearing before the Commission or Hearing Officer by Title 21 (Subdivisions) or this Title 22 except, however, the Hearing Examiner may not conduct appeals or calls for review of projects decided by a Hearing Officer.

B.

The Director shall determine which matters shall have an initial public hearing held by the Hearing Examiner before a public hearing is conducted by the Commission or Hearing Officer. One or more of the following factors will generally indicate to the Director that an initial public hearing before the Hearing Examiner should be held:

1.

An Environmental Impact Report is required.

2.

An update to, or preparation of, a community or area wide plan is proposed.

3.

A major amendment to the General Plan or Title 22 is proposed.

4.

The construction of 50 or more residential units or 50,000 square feet or more of commercial or industrial floor area is proposed.

5.

A major project pursuant to the provisions of Chapter 22.262 (Major Projects Review Trust Funds) is proposed.

6.

A subdivision, General Plan Amendment, Ordinance Amendment, or Zone Change is proposed.

7.

The Director determines that:

a.

The subject property is remote from downtown Los Angeles;

b.

The public hearing may generate significant public controversy; or

c.

The application has other aspects that indicate a Hearing Examiner hearing is appropriate.

C.

The Hearing Examiner shall hold an initial public hearing in compliance with Section 22.222.120.B (Public Hearing).

D.

Prior to the Commission's or Hearing Officer's public hearing on a matter for which the Hearing Examiner has first conducted an initial public hearing:

1.

The Hearing Examiner shall prepare a report to the Commission or Hearing Officer. The report shall include an analysis of the proposal, proposed findings and conditions where applicable, recommendations, and other pertinent materials to be submitted to the Commission or Hearing Officer.

2.

The Director shall:

a.

Provide a notice of action in compliance with Section 22.222.220 (Notice of Action). The notice of action shall include a synopsis of the Hearing Examiner's initial public hearing, and the written recommendation to the Commission or Hearing Officer; and

b.

Provide a notice of public hearing before the Commission or Hearing Officer in accordance with Section 22.222.120 (Public Hearing Procedure).

(Ord. 2022-0008 § 122, 2022; Ord. 2019-0004 § 1, 2019.)

22.222.200 - Findings and Decision.

A.

Findings. After evaluating the application, plans, testimony, reports, and all other materials that constitute the administrative record, the Review Authority shall make findings required by this Title 22 or State law. Findings required by this Title 22 are specific to the permit or review, zone, use, supplemental district, or as otherwise specified by this Title 22. The Review Authority may make findings, in addition to the findings required by this Title 22, after evaluating the administrative record.

B.

Decision.

1.

General. After evaluating the administrative record, the Review Authority may approve, conditionally approve, or deny the application:

a.

Approve. Where the Review Authority finds that the administrative record substantiates all of the findings required by this Title 22, the Review Authority may:

i.

Approve the application;

ii.

Approve the application contingent upon compliance with applicable provisions of other ordinances; and

iii.

Impose conditions of use deemed reasonable and necessary to ensure that the approval will be in compliance with the findings made by the Review Authority.

b.

Deny. Where the Review Authority finds that the administrative record does not substantiate all of the findings required by this Title 22 for approval, or the administrative record substantiates the findings required by this Title 22 for denial, the Review Authority shall deny the application.

2.

Housing Accountability Act. Notwithstanding Subsection B.1, the Review Authority shall not deny, conditionally approve to reduce the density of, or make infeasible emergency shelters or housing

development projects, including housing for very low-, low-, or moderate-income households, without making the required findings, pursuant to section 65589.5 of the California Government Code, also known as the Housing Accountability Act.

(Ord. 2023-0038 § 20, 2023; Ord. 2019-0004 § 1, 2019.)

22.222.210 - Decision After Public Hearing.

A.

Board of Supervisors.

1.

After closing the public hearing, the Board shall take action on the application.

2.

The decision of the Board shall be final on any matter except a local coastal program amendment or a Coastal Development Permit, including a Coastal Development Permit located in an area without a certified local coastal program.

B.

Commission.

After closing the public hearing, the Commission shall take action on the application.

2.

The Commission shall publicly announce the appeal period for filing an appeal of its action, if applicable. The decision shall be final, unless the decision is appealed to the Board, in compliance with Section 22.222.230 (Effective Date of Decision and Appeals).

3.

After the public hearing on a legislative action, the Commission shall forward their recommendation to the Board. If a discretionary application is heard concurrently with a legislative action, the Commission shall forward their recommendations and findings on the discretionary application and the legislative action to the Board concurrently.

C.

Hearing Officer.

1.

After closing the public hearing, the Hearing Officer shall:

a.

Make a decision on the application; or

b.

Refer the decision to the Commission.

2.

The Hearing Officer shall publicly announce the appeal period for filing an appeal of its action, if applicable, unless the Hearing Officer refers the decision to the Commission. The decision shall be final, unless the decision is appealed to the Commission, in compliance with Section 22.222.230 (Effective Date of Decision and Appeals).

(Ord. 2019-0004 § 1, 2019.)

A.

Notice of Action. After taking its final action on an application, the Review Authority shall issue a notice of action. The notice of action shall:

1.

Describe the action taken; and

If applicable, include:

a.

Any applicable findings or conditions; or

b.

Instructions for filing an appeal.

B.

Delivery. The Director shall mail the notice of action to:

The applicant;

2.

Every member of the public who testified at the public hearing for whom addresses are available; and

3.

Any other person or entity who filed:

a.

A written request for notification; and

b.

A written protest with the Director.

(Ord. 2019-0004 § 1, 2019.)

22.222.230 - Effective Date of Decision and Appeals.

A.

The Review Authority's decision shall be effective on the 15th day following the date of the decision, unless an appeal of the decision is timely filed or an Appeal Body calls for review of the decision.

B.

Appeals or calls for review shall be processed in compliance with Chapter 22.240 (Appeals) and this Section.

C.

Any person dissatisfied with the action of the Review Authority may file an appeal. The appeal must be filed within 14 days of the Review Authority's decision. If an Appeal Body calls for review of the Decision, the Appeal Body must make the call for review within 14 days of the Review Authority's decision.

D.

If the last day to file an appeal or call for review falls on a non-business day for the Appeal Body, then the appeal period shall extend to the next business day and the effective date of the decision shall also extend to the business day following.

E.

In all cases in which a permit or review received an approval issued concurrently pursuant to Title 21 (Subdivisions) and this Title 22, the decision shall become effective on the first day after expiration of the time limit established by Section 66452.5 of the California Government Code as set forth in Section 21.56.010 (Procedures—Submittal and Determination) of Title 21 of the County Code.

F.

Where a decision on a permit or review is appealed to, or called for review by, the Board, the date of decision by the Board of such appeal or review shall be deemed the date of grant in determining the effective date.

(Ord. 2019-0004 § 1, 2019.)

22.222.240 - Documentation, Scope of Approval, and Exhibit "A."

A.

Site plans, floor plans, building elevations, maps, or information submitted to the Department during the application review process may be deemed a part of the Exhibit "A" for an approved application.

B.

Unless otherwise indicated by the Review Authority, the Exhibit "A" shall not be stamped as approved until the permit or review becomes effective per Section 22.222.230 (Effective Date of Decision and Appeals), complies with Section 22.222.260 (Performance Guarantee and Covenant), and any applicable conditions of approval have been completed, unless as otherwise indicated in the conditions of approval.

C.

Approvals may be subject to periodic review to determine compliance with the Exhibit "A" and the conditions of approval.

D.

It shall be the responsibility of the property owner, permittee and their successors to comply with the Exhibit "A" and conditions of approval.

(Ord. 2019-0004 § 1, 2019.)

Any property involved in a discretionary application shall not be used for the use requested in the application until and unless the permit or review has become effective, in compliance with Section 22.222.230 (Effective Date of Decision and Appeals), and an approved Exhibit "A" has been issued by the Department, in compliance with Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A").

(Ord. 2019-0004 § 1, 2019.)

Approval may require the permittee to guarantee, warrant, or ensure compliance with the provisions of this Title 22, approved plans, or conditions of approval. To ensure compliance, the County may require the permittee to:

A.

Record the terms and conditions of approval with the Registrar-Recorder/County Clerk. Upon any transfer or lease of the property during the term of the grant, the permittee shall provide a copy of the permit approval and its conditions to the transferee or lessee;

B.

Deposit a fee, financial assurance, bond, or other mechanism in a reasonable amount, as determined by the County, to ensure the faithful performance of one or more of the conditions of approval;

C.

Record a covenant restricting the use of the subject property (e.g., limitations on occupancy or maintenance of affordability) with the Registrar-Recorder/County Clerk; or

D.

Record a covenant guaranteeing use and maintenance on a separate property necessary to comply with requirements (e.g. adequate access) with the Registrar-Recorder/County Clerk.

E.

Filing of bonds and insurance shall be in compliance with Section 22.222.290 (Bonds and Insurance).

(Ord. 2022-0008 § 123, 2022; Ord. 2019-0004 § 1, 2019.)

22.222.270 - Expiration and Extension for Unused Permits and Reviews.

A.

Except as specified otherwise, an approved permit or review shall be used within the time limit specified in the conditions, or, if no time limit is specified, two years after the date the decision is made by the Review Authority. If the permit or review is not used within the applicable time limit, the approval shall expire and become null and void.

B.

Except as specified otherwise, where an application requesting an extension is timely filed prior to the expiration date, the Hearing Officer may, one time, extend the time limit in Subsection A, above, for a period of not to exceed one year.

C.

In the case of discretionary applications heard concurrently with a subdivision, the time limit shall be concurrent and consistent with those of the subdivision.

D.

In the case of an application requiring approval by the Coastal Commission, the time limit shall comply with Chapter 22.56 (Coastal Development Permits).

E.

In the case of a permit or review for a publicly-owned use, no time limit shall apply to use the approval, provided that the public agency:

1.

Acquires the property involved or commences legal proceedings for its acquisition, within one year of the effective date of the approval; and

2.

Immediately after the acquisition of, or the commencement of legal proceedings for the acquisition of the property, posts the subject property with signs, having an area of not less than 20 square feet or more than 40 square feet in area per face indicating the agency and the purpose for which it is to be developed. One sign shall be placed facing and located within 50 feet of each street, highway, or parkway bordering the property. Where the property in question is not bounded by a street, highway, or parkway the agency shall erect one sign facing the street, highway, or parkway nearest the property.

F.

A permit or review shall be considered used, within the intent of this Section, when construction or other development authorized by such permit or review has commenced that would be prohibited in the zone, if no permit or review had been granted. For this Subsection F, construction or other development shall include grading with grading permits and construction with required building permits from Public Works.

(Ord. 2022-0008 § 124, 2022; Ord. 2019-0053 § 30, 2019; Ord. 2019-0004 § 1, 2019.)

Unless otherwise specified, an approved discretionary permit or review shall automatically cease to be of any force and effect if the use for which the permit or review was granted has ceased or has been suspended for a consecutive period of two or more years.

(Ord. 2019-0004 § 1, 2019.)

22.222.290 - Bonds and Insurance.

A.

Filing of Bonds.

1.

Assignment of Savings and Loan Certificates Permitted When. If any provision of Chapter 22.162 (Development Agreements), Chapter 22.198 (Zone Changes), or Section 22.06.060 (Zoned Districts Established) requires the filing of any bond as a prerequisite to any particular use of any property, the person making or proposing to make such use may, in lieu of such bond, deposit with the Executive Officer-Clerk of the Board and assign to the County, savings and loan certificates or shares equal in amount to the required amount of the bond. Such deposit and assignment shall comply with all of the provisions of Chapter 4.36 in Title 2 (Administrative Code) of the County Code.

2.

Agreement on Satisfaction of Final Judgment. If any provision of Chapter 22.162 (Development Agreements), Chapter 22.198 (Zone Changes), or Section 22.06.060 requires the filing of any bond as a prerequisite to any particular use of any property, and either requires that such bond include as obligee a person other than and in addition to the County, or that a policy of insurance be filed and no policy of insurance is filed, or that such bond include as obligee a person other than and in addition to the County with no alternative, a person who deposits and assigns savings and loan certificates or shares in lieu of such bond also shall file a written agreement with the Board of Supervisors that the County may satisfy, either in whole or in part, from such certificates or shares, any final judgment the payment of which would have been guaranteed by such bond or policy of insurance.

B.

Bonds or Assignment of Savings and Loan Certificates or Shares and Insurance.

1.

Bond or Assignment of Savings and Loan Certificates or Shares Required When. When one or more conditions are attached to any grant, modification, or appeal of a zone change, permit, variance, or nonconforming use or structure review, the Board, Commission, or Hearing Officer may require the owners of the property to which such approval applies, to file a surety bond or corporate surety bond, or to deposit money, savings and loan certificates, or shares with the Board in a prescribed amount for the purpose of guaranteeing the faithful performance of conditions placed on the approval.

2.

Procedure for Assignment of Savings and Loan Certificates or Shares. Where savings and loan certificates or shares are deposited, they shall be assigned to the County subject to all provisions of Chapter 4.36 in Title 2 (Administrative Code) of the County Code.

3.

Insurance Required When—Exceptions. The Board, Commission, or Hearing Officer may also require the owner of the property to which such approval applies to file a policy of insurance equal in amount to the amount of the required bond or deposit, insuring all persons against any injury or annoyance arising from the breach of such conditions unless:

a.

If the bond is filed, it includes as obligees all such persons; or

b.

If money, savings and loan certificates, or shares are deposited, such owners also file an agreement in writing with the Executive Officer-Clerk of the Board that the County may satisfy in whole or in part from such deposit any final judgment, the payment of which would have been guaranteed by such bond or policy of insurance.

(Ord. 2022-0008 § 125, 2022.)

Chapter 22.224 - TYPE REVIEWS PURSUANT TO TITLE 22

This Division establishes four Type Reviews. Each Type Review prescribes a set of specific administrative procedures from Chapter 22.222 (Administrative Procedures) used for processing permits and reviews in this Title 22. Permits and reviews in Division 8 (Permits, Reviews, and Legislative Actions) are assigned a Type Review or are prescribed unique administrative procedures for application processing.

(Ord. 2019-0004 § 1, 2019.)

Table 22.224.020-A, below, identifies the four Type Reviews and their general application processing characteristics:

TABLE 22.224.020-A: TYPE REVIEW CHARACTERISTICS

(Ord. 2019-0004 § 1, 2019.)

Table 22.224.030-A, below, identifies permits and reviews and the Type Review used to process the application:

(Ord. 2019-0053 § 31, 2019; Ord. 2019-0004 § 1, 2019.)

22.224.040 - Permits and Reviews Assigned Unique Administrative Procedures.

Table 22.224.040-A, below, identifies permits and reviews that are not assigned a Type Review for processing the application. These permits and reviews contain unique processing procedures and directly reference Chapter 22.222 (Administrative Procedures) for processing the application.

TABLE 22.224.040-A: PERMITS AND REVIEWS ASSIGNED UNIQUE ADMINISTRATIVE PROCEDURES

(Ord. 2019-0053 § 32, 2019; Ord. 2019-0004 § 1, 2019.)

Chapter 22.226 - TYPE I REVIEW—MINISTERIAL

The Type I Review is a ministerial process for reviewing applications. This process requires the Director to verify that a proposed use, structure, or development of land complies with all applicable provisions of this Title 22.

(Ord. 2019-0004 § 1, 2019.)

22.226.020 - Review Authority.

The Director is the Review Authority for an application that requires a Type I Review. The Director may approve or deny the application.

(Ord. 2019-0004 § 1, 2019.)

22.226.030 - Application and Review Procedures.

A.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

B.

Application filing and withdrawal shall be in compliance with Subsections A, B, and D of Section 22.222.070 (Application Filing and Withdrawal).

C.

Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposits).

D.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

(Ord. 2019-0004 § 1, 2019.)

22.226.040 - Decision.

A.

The Director shall approve or deny the application.

B.

The decision on the application shall be based on an assessment of whether the use, structure, development of land, or application of development standards is in compliance with all applicable provisions of this Title 22.

C.

The Director's decision is final and is not subject to Chapter 22.240 (Appeals).

(Ord. 2019-0004 § 1, 2019.)

22.226.050 - Notice of Action.

After taking action on an application, the Director shall notify the applicant by mail of the decision.

(Ord. 2019-0004 § 1, 2019.)

22.226.060 - Documentation.

The decision may be in the form of a letter or in the form of a stamp, signature, or other official notation or documentation on the site plan.

(Ord. 2019-0004 § 1, 2019.)

22.226.070 - Effective Date of Decision.

The decision is effective the date the letter is signed or site plan is stamped, signed, or officially noted.

(Ord. 2019-0004 § 1, 2019.)

22.226.080 - Expiration Date and Extension for Unused Permits and Reviews.

A.

An approved application shall be used within two years after the grant of such approval. If the approved application is not used within the time limit, the approval becomes null and void.

B.

Notwithstanding Subsection A, above, where an application requesting an extension is timely filed prior to such expiration date, the Director may, one time, extend the time limit in Subsection A, above, for a period of not to exceed one year.

(Ord. 2022-0008 § 126, 2022; Ord. 2019-0004 § 1, 2019.)

Chapter 22.228 - TYPE II REVIEW—DISCRETIONARY

The Type II Review is a discretionary process for reviewing applications. This process requires a public hearing and may require public notification of the application by publication and mail.

(Ord. 2019-0004 § 1, 2019.)

The Hearing Officer is the Review Authority for an application that requires a Type II Review. The Hearing Officer may approve, conditionally approve, or deny the application or may refer the application to the Commission for decision.

(Ord. 2019-0004 § 1, 2019.)

22.228.030 - Application and Review Procedures.

A.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

B.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal).

C.

Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposits).

D.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

E.

Project evaluation and staff report shall be in compliance with Section 22.222.110 (Project Evaluation and Staff Report).

(Ord. 2019-0004 § 1, 2019.)

22.228.040 - Public Hearing.

A.

The application shall require a public hearing. The public hearing shall be held in compliance with Section 22.222.120 (Public Hearing Procedure).

B.

Notwithstanding Section 22.222.120.B.2.c (Notification Radius), notice shall be mailed to all owners of property located within a 300-foot radius of the exterior boundaries of the subject property noted on the application, as shown on the County's last equalized assessment roll, unless a more specific radius is required by this Title 22.

C.

Section 22.222.120.B.2.d (Sign Posting) shall not apply.

(Ord. 2019-0004 § 1, 2019.)

The Hearing Officer shall make findings and decisions for the application in compliance with Section 22.222.200 (Findings and Decisions).

(Ord. 2019-0004 § 1, 2019.)

The Director shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action).

(Ord. 2019-0004 § 1, 2019.)

A.

The effective date of decision and appeals shall be in compliance with Section 22.222.230 (Effective Date of Decision and Appeals).

B.

Notwithstanding Chapter 22.240 (Appeals), if the decision of the Hearing Officer is appealed to the Commission, the Commission's decision on an appeal shall be final and effective on the date of decision and shall not be subject to further administrative appeal.

(Ord. 2019-0004 § 1, 2019.)

22.228.080 - Post-Decision Actions and Regulations.

A.

Documentation, scope of approval, and Exhibit "A" shall be in compliance with Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A).

B.

Use of property before final action shall be in compliance with Section 22.222.250 (Use of Property Before Final Action).

C.

Performance guarantee and covenant shall be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

D.

Expiration date and extension for unused permits and reviews shall be in compliance with Section 22.222.270 (Expiration Date and Extension for Unused Permits and Reviews).

E.

Cessation of use shall be in compliance with Section 22.222.280 (Cessation of Use).

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.230 - TYPE III REVIEW—DISCRETIONARY

The Type III Review is a discretionary process for reviewing applications. This process requires a public hearing and may require public notification of the application by publication, mail, and a sign posted on the property.

(Ord. 2019-0004 § 1, 2019.)

Unless specified by this Title 22, the Commission or Hearing Officer is the Review Authority for an application that requires a Type III Review. The Commission or Hearing Officer may approve, conditionally approve, or deny the application.

(Ord. 2019-0004 § 1, 2019.)

A.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

B.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal).

C.

Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposits).

D.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

E.

Project evaluation and staff report shall be in compliance with Section 22.222.110 (Project Evaluation and Staff Report).

(Ord. 2019-0004 § 1, 2019.)

22.230.040 - Public Hearing.

The application shall require a public hearing. The public hearing shall be held in compliance with Section 22.222.120 (Public Hearing Procedure).

(Ord. 2019-0004 § 1, 2019.)

22.230.050 - Findings and Decision.

The Review Authority shall make findings and decisions for the application in compliance with Section 22.222.200 (Findings and Decisions).

(Ord. 2019-0004 § 1, 2019.)

22.230.060 - Decision After Public Hearing.

The Review Authority's decision after the public hearing shall be held in compliance with Section 22.222.210 (Decision After Public Hearing).

(Ord. 2019-0004 § 1, 2019.)

22.230.070 - Notice of Action.

The Director shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action).

(Ord. 2019-0004 § 1, 2019.)

22.230.080 - Effective Date of Decision and Appeals.

The effective date of decision and appeals shall be in compliance with Section 22.222.230 (Effective Date of Decision and Appeals).

(Ord. 2019-0004 § 1, 2019.)

22.230.090 - Post-Decision Actions and Regulations.

A.

Documentation, scope of approval, and Exhibit "A" shall be in compliance with Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A").

B.

Use of property before final action shall be in compliance with Section 22.222.250 (Use of Property Before Final Action).

C.

Performance guarantee and covenant shall be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

D.

Expiration date and extension for unused permits and reviews shall be in compliance with Section 22.222.270 (Expiration Date and Extension for Unused Permits and Reviews).

E.

Cessation of use shall be in compliance with Section 22.222.280 (Cessation of Use).

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.232 - TYPE IV REVIEW—DISCRETIONARY/LEGISLATIVE

The Type IV Review is a discretionary process for reviewing legislative applications that require Board approval. This process requires a public hearing and may include public notification of the application by publication, mail, and a sign posted on the property.

(Ord. 2019-0004 § 1, 2019.)

The Board is the Review Authority for an application that requires a Type IV Review. The Commission shall review the application at a public hearing and make a recommendation to the Board. If the Commission recommends approval, the Board shall review the application at a public hearing. If the Commission recommends denial, the Board shall not be required to take further action, but may review the application at a public hearing if the application is appealed.

(Ord. 2019-0004 § 1, 2019.)

22.232.030 - Application and Review Procedures.

A.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

B.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal).

C.

Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposits).

D.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

E.

Project evaluation and staff report shall be in compliance with Section 22.222.110 (Project Evaluation and Staff Report).

(Ord. 2019-0004 § 1, 2019.)

22.232.040 - Commission and Board Actions.

A.

Commission Action.

1.

Public Hearing. The Commission shall hold a public hearing in compliance with Sections 22.222.120.B (Public Hearing) and 22.222.120.C (Continued Public Hearing).

2.

Findings.

a.

The Commission shall make findings in compliance with Section 22.222.200.A (Findings).

b.

The Commission may recommend approval or denial based on the findings required by Subsection A.2.a, above, and this Subsection A.2.b.

i.

The Commission may:

(1)

Recommend approval only after making all of the required findings;

(2)

Recommend approval contingent upon compliance with applicable provisions of other ordinances; or

(3)

Recommend conditions of use deemed reasonable and necessary to ensure that the approval will be in compliance with any findings made by the Commission.

ii.

The Commission shall recommend denial of the application if one or more of the required findings are not made.

3.

Commission Recommendation.

a.

Recommendation of Approval. A recommendation of approval by the Commission shall be by resolution carried by the affirmative vote of not less than three of its members. Such recommendation is final and conclusive and may not be reconsidered by the Commission except upon a referral by the Board.

b.

Recommendation of Denial. A recommendation of denial by the Commission shall not require further action by the Board. The action of the Commission shall become final in accordance with Section 22.222.230 (Effective Date of Decision and Appeals) unless an appeal is timely filed to the Board, in compliance with Chapter 22.240 (Appeals).

4.

Notice of Action. The Director shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action).

B.

Board Action.

Public Hearing. After receipt of the Commission's recommendation for approval, the Board shall hold a public hearing and shall give notice of public hearing pursuant to Section 22.222.120.B.2 (Notice of Public Hearing).

2.

Board Action on Commission Recommendations. The Board may approve, modify, or reject the recommendation of the Commission, provided:

a.

For a Zone Change, Ordinance Amendment, or Plan Amendment, any modification of the recommendation of the Commission by the Board that was not previously considered by the Commission during its hearing, shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing for consideration of said report and recommendation; and

b.

Failure of the Commission to report within 40 days after the reference, or such longer period as may be designated by the Board, shall be deemed to be approval of the proposed modification.

3.

Notice of Action. The Board shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action).

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.234 - INTERPRETATIONS

This Chapter establishes the authority of the Director to interpret this Title 22.

(Ord. 2019-0004 § 1, 2019.)

22.234.020 - Authority.

When the Director determines that the meaning or applicability of any provision of this Title 22 is subject to interpretation, the Director may issue a written interpretation.

(Ord. 2019-0004 § 1, 2019.)

Any written interpretation made by the Director shall be kept on file with the Department and be made available to the public.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.236 - MINOR MODIFICATION OR ELIMINATION OF CONDITIONAL USE PERMIT CONDITIONS

This Chapter establishes procedures for the modification or elimination of conditions of a previously approved Conditional Use Permit without filing a new Conditional Use Permit (Chapter 22.158) application. This process can be used where such modification or elimination of conditions of the previously approved Conditional Use Permit will not result in a substantial alteration or material deviation from the terms and conditions of the previously approved Conditional Use Permit and is necessary to allow the reasonable operation and use previously granted.

(Ord. 2019-0004 § 1, 2019.)

Any person desiring to modify or eliminate one or more conditions of a previously approved Conditional Use Permit may file an application, except that no application shall be filed or accepted within one year of final action on the same or substantially the same application or within one year of final action on the Conditional Use Permit.

(Ord. 2019-0004 § 1, 2019.)

A.

Any request to modify or eliminate the following shall be denied:

1.

A change of an alcohol license previously approved for a site.

2.

An increase of shelf space devoted to alcohol.

3.

Substantial alteration or material deviation from the terms and conditions of the previous approval.

4.

Modification or elimination of any condition specified as mandatory in this Title 22 or any condition which relates to a development standard that may only be modified through a Variance (Chapter 22.194).

5.

Modification of the time limit for use, grant term, or expiration date.

B.

To request a modification or elimination of conditions listed in Subsection A, above, the applicant may file a new Conditional Use Permit (Chapter 22.158) application.

(Ord. 2022-0008 § 128, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. An application submittal shall contain all materials required by the Modification or Elimination of Permit Conditions Checklist.

B.

Type II Review. The application shall be filed and processed in compliance with Chapter 22.228 (Type II Review—Discretionary) and this Chapter. Notwithstanding Section 22.228.040.B, notice shall be mailed to the same notification radius that was required for the public hearing for the previously approved Conditional Use Permit.

(Ord. 2019-0004 § 1, 2019.)

22.236.050 - Findings and Decision.

A.

Common Procedures. Findings and decision shall be in compliance with Section 22.222.200 (Findings and Decision), and include the findings in Subsection B, below.

B.

Findings.

1.

The findings and decision in Section 22.158.050 (Findings and Decision) for the Conditional Use Permit as modified has been satisfied.

2.

The modified Conditional Use Permit will not materially deviate from the terms and conditions imposed in the previously approved Conditional Use Permit.

3.

Approval of the application is necessary to allow the reasonable operation and use granted in the Conditional Use Permit.

(Ord. 2019-0004 § 1, 2019.)

A.

In approving the application, the Review Authority may impose additional conditions, if deemed necessary to ensure that the modification or elimination of any condition will be in accordance with Section 22.236.050 (Findings and Decision).

B.

Notwithstanding Subsection A, above, the Review Authority shall not modify or eliminate any condition specified as mandatory in this Title 22 or any condition which relates to a development standard that may only be modified through a Variance (Chapter 22.194) application.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.238 - MODIFICATIONS AND REVOCATIONS

This Chapter establishes procedures for the County to modify or revoke any discretionary permit or review which was granted by the Board, Commission, or Hearing Officer. These actions, which supplement Chapter 22.242 (Enforcement Procedures), are intended not only to serve a corrective purpose, but also as a deterrent to violating this Title 22.

(Ord. 2019-0004 § 1, 2019.)

22.238.020 - County Action.

A.

Modifications. The County's action to modify a permit or review approval shall have the effect of modifying individual conditions while allowing the remaining privileges granted by the original approval.

B.

Revocations. The County's action to revoke a permit or review approval shall have the effect of terminating the approval and denying the privileges granted by such approval.

(Ord. 2019-0004 § 1, 2019.)

A.

A modification or revocation of a discretionary permit or review may be initiated:

1.

If the Board instructs the Commission to set the matter for a public hearing and recommendation;

2.

Upon the initiative of the Commission; or

3.

Upon the initiative of the Director.

B.

If, in the course of a modification or revocation proceeding, the applicant requests a revision to the approved Conditional Use Permit, the applicant shall file a Conditional Use Permit (Chapter 22.158) application.

(Ord. 2019-0004 § 1, 2019.)

22.238.040 - Grounds for Modifications or Revocations.

A.

After a public hearing is held in accordance with this Chapter, the Commission may modify or revoke any discretionary permit or review which has been granted by the Board, Commission, or Hearing Officer pursuant to this Title 22, on any one or more of the following grounds:

1.

That such approval was obtained by fraud;

2.

That the use for which such approval was granted is not being exercised;

3.

a.

That the use for which such approval was granted has ceased or has been suspended for one year or more;

b.

Subsection A.3.a, above, does not apply to a surface mining operation for which a valid permit is in full force and effect, or for which a valid, unexpired zone exception was granted prior to November 23, 1970, or which was lawfully established in former Zone Q, provided such operation complies with the requirements of Chapter 22.190 (Surface Mining Permits) for intermittent mining operations and if from the cessation of use the outer boundaries of the premises have been continuously posted with signs as described Section 22.190.050.I (Boundary Markers);

4.

Except in case of a dedicated cemetery, that any person making use of or relying upon the permit, variance, or other approval is violating or has violated any conditions of such permit, variance, or other approval, or that the use for which the permit, variance, or other approval was granted is being, or recently

has been, exercised contrary to the terms of conditions of such approval, or in violation of any statuette, ordinance law, or regulation; or

5.

Except in the case of a dedicated cemetery, that the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or so as to be as nuisance.

B.

In all cases where the Director determines that it is in the public interest or where the Board, either individually or collectively, requests it, a public hearing shall be scheduled before the Commission. In such case, all procedures relative to notification, public hearing, and appeal shall be the same as for a Conditional Use Permit (Chapter 22.158). Following the public hearing, the Commission shall approve or deny the proposed modifications and/or revocation, based on the findings required by this Section.

(Ord. 2022-0008 § 129, 2022; Ord. 2019-0004 § 1, 2019.)

22.238.050 - Nonconforming Uses and Structures—Additional Grounds.

In addition to Section 22.238.040 (Grounds for Modifications or Revocations), a nonconforming use or structure may be modified or revoked after the public hearing if the Commission finds:

A.

That the condition of the improvements, if any, on the property are such that to require the property to be used only for these uses permitted in the zone where it is located would not impair the constitutional rights of any person; or

B.

That the nature of the improvements are such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.

(Ord. 2022-0008 § 130, 2022; Ord. 2019-0004 § 1, 2019.)

22.238.060 - Commercial or Industrial Uses.

A.

This Section provides a just and equitable method to be cumulative with any other remedy available for the abatement of certain nuisance activities. These include existing land uses which have become public nuisances or are being operated or maintained in violation of any other provision of law.

B.

Notwithstanding any other provision of this Title 22 to the contrary, the Commission may recommend to the Board the modify, revoke, or order the removal of a commercial or industrial use if the Commission finds that as operated or maintained, such use:

1.

Jeopardizes or endangers the public health or safety of persons residing or working on the premises or in the surrounding area;

2.

Constitutes a public nuisance;

3.

Has resulted in repeated nuisance activities including but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, loud noises in late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests; or

4.

Violates any provision of any federal, State or County regulation, ordinance, or statute.

(Ord. 2022-0008 § 131, 2022; Ord. 2019-0004 § 1, 2019.)

22.238.070 - Public Hearing and Action.

A.

Public Hearing Procedure.

1.

Public Hearing.

a.

A public hearing shall be held in compliance with Section 22.222.120.B (Public Hearing).

b.

The Commission may continue the public hearing in compliance with Section 22.222.120.C.1 if, for any reason, the testimony of any case set for public hearing cannot be completed on the appointed day.

2.

Notice Requirements. In addition to Section 22.222.120.B.2 (Notice of Public Hearing), the Director shall also serve notice upon every person, if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mortgage, trust deed, or other lien or encumbrance of record, the holder of any lease of record, the record holder of any other estate or interest in or to the premises or any part thereof, written notice of the time and place of such hearing, either in the manner required by law for the service of summons, or by registered mail, postage prepaid:

a.

To appear at a public hearing at a time and place fixed by the Commission; and

b.

At the public hearing, to show cause why the permit should not be revoked or revised, or why the use, building, or structure should not be modified, discontinued, or removed, as applicable.

B.

Decision After Public Hearing.

1.

After the public hearing, the Commission shall approve or deny the modification or revocation of the subject use or structure.

2.

As part of any recommendation for modification, the Commission shall impose conditions as deemed appropriate.

3.

The decision shall be supported by written findings, in compliance with Section 22.222.200.A (Findings), including a finding that the action does not impair the constitutional rights of any person. However, the Commission may order that a use be discontinued or a building or structure removed only upon finding that:

a.

Prior governmental efforts to cause the owner or lessee to eliminate the problems associated with the premises have failed (examples include formal action by law enforcement, building and safety, or zoning officials); and

b.

That the owner or lessee has failed to demonstrate, to the satisfaction of the Commission, the willingness and ability to eliminate the problems associated with the premises.

C.

Notice of Action.

1.

The Commission shall issue and serve a notice of action in compliance with Section 22.222.220 (Notice of Action).

D.

Appeal and Board Action. If an applicant or an interested party disagrees with the decision of the Commission, the applicant or interested party may file an appeal with the Board in accordance with the procedures for the filing of appeals to the Board in Chapter 22.240 (Appeals).

(Ord. 2022-0008 § 132, 2022; Ord. 2019-0004 § 1, 2019.)

It shall be unlawful to violate or fail to comply with any requirement or condition imposed by final action of the Board pursuant to this Section. Such violation or failure to comply shall constitute a violation of this Title 22 and shall be subject to the same penalties as any other violation of this Title 22.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.240 - APPEALS

A.

Appeals. To avoid results inconsistent with the purposes of this Title 22, decisions of the Director, unless otherwise specified, may be appealed to the Commission, decisions of the Hearing Officer may be appealed to the Commission, and decisions of the Commission may be appealed to the Board, unless otherwise specified in the permit or review.

B.

Calls for Review. To avoid results inconsistent with the purposes of this Title 22, decisions of the Hearing Officer or Director may be called for review by the Commission; and decisions of the Commission may be called for review by the Board, unless otherwise specified in the permit or review.

(Ord. 2019-0004 § 1, 2019.)

A.

Eligibility. Any person dissatisfied with the action of the Commission, Hearing Officer, or Director may file an appeal in compliance with this Chapter, unless otherwise specified or limited by this Title 22.

B.

Time Limit. Appeals and calls for review shall be initiated prior to the effective date of decision, in compliance with Section 22.222.230 (Effective Date of Decision and Appeals).

(Ord. 2019-0004 § 1, 2019.)

A.

Filing. An appeal shall be filed with the secretary or clerk of the designated Appeal Body on the prescribed form, along with any accompanying appeal fee, and shall state specifically whether the basis of the appeal is that:

1.

The determination or interpretation is not in accord with the purposes of this Title 22;

2.

It is claimed that there was an error or abuse of discretion;

3.

The record includes inaccurate information; or

4.

The decision is not supported by the record.

B.

Appeal Vacates Decision. The filing of an appeal vacates the decision from which the appeal is taken. Such decision is only reinstated if the Appeal Body fails to act or affirms the decision in its action.

(Ord. 2019-0004 § 1, 2019.)

A.

A call for review may be initiated by the affirmative vote of the majority of the members present of the designated Appeal Body per Section 22.240.010.B (Calls for Review). A call for review by a designated Appeal Body shall be made prior to the effective date of the decision being reviewed. No fee shall be required.

B.

When the Commission makes a recommendation to the Board on any legislative action, any concurrent decision by the Commission on any discretionary, non-legislative land use application concerning, in whole or in part, the same lot shall be deemed to be timely called for review by the Board.

(Ord. 2019-0004 § 1, 2019.)

A.

Processing Fee for Appeals to the Board.

Applicant Appeal of Decision.

a.

If the appellant is an applicant, the appellant shall pay a processing fee as listed in Chapter 22.250 (Applications, Petitions, and Fees) for an Appeal to the Board of Supervisors by an Applicant, to cover the cost incurred by the Department for processing the appeal.

b.

Only one appeal fee shall be charged for the appeal of any related concurrently acted upon entitlements under this Title 22, which concerns, in whole or in part, the same project. Notwithstanding the provisions of Section 21.56.010.A of Title 21 (Subdivisions) of the County Code, when an appeal of a decision made under this Title 22 is timely filed with an appeal of any tentative map, parcel map, or request for waiver concurrently acted upon under Title 21 (Subdivisions) which concerns, in whole or in part, the same project, only the appeal set forth in Section 21.56.020 (Appeals) shall be paid for all such appeals.

2.

Applicant Appeal of Conditions. If the appellant is the applicant or any representative thereof, and files an appeal of no more than a total of two conditions of the approved discretionary permit, tentative map, or parcel map or request for waiver or other entitlement concurrently acted upon under Title 21 (Subdivisions) which concerns, in whole or in part, the same approved map, in any combination, the appellant shall pay a processing fee in an amount determined by the Executive Officer-Clerk of the Board to be ample to cover the cost of a hearing to be held by the Board. The appellant shall also pay a processing fee as listed in Chapter 22.250 (Applications, Petitions, and Fees) for an Appeal to the Board of Supervisors, Applicant for One or Two Project Conditions. This fee shall be applied to the Department to cover the costs of processing the appeal.

3.

Non-Applicant Appeal. If the appellant is not the applicant or any representative thereof, of an approved discretionary permit, map, or waiver or associated entitlement, the appellant shall pay a processing fee in an amount determined by the Executive Officer-Clerk of the Board to be ample to cover the cost of a hearing to be held by the Board. The appellant shall also pay a processing fee as listed Chapter 22.250 (Applications, Petitions, and Fees) for an Appeal to the Board of Supervisors, Non-Applicant. This fee shall be applied to the Department to cover the costs of processing the appeal.

B.

Processing Fee for Appeals to the Commission.

1.

Applicant Appeal of Decision. If the appellant is an applicant, the appellant shall pay a processing fee as listed in Chapter 22.250 (Applications, Petitions, and Fees) for an Appeal to the Regional Planning Commission, Applicant. The fee shall be applied in its entirety to the Department.

Applicant Appeal of Conditions. If the appellant is an applicant or any representative thereof, and the appellant files an appeal of no more than a total of two conditions on the approved discretionary permit, tentative map, parcel map, or request for waiver or other entitlement concurrently acted upon under Title 21 (Subdivisions) which concerns, in whole or in part, the same approved map, in any combination, the appellant shall pay a processing fee as listed in Chapter 22.250 (Applications, Petitions, and Fees) for an Appeal to the Regional Planning Commission, Applicant for One or Two Project Conditions. This fee shall be applied in its entirety to the Department.

3.

Non-Applicant Appeal. If the appellant is not the applicant or any representative thereof, of an approved discretionary permit, map, or waiver or associated entitlement, the appellant shall pay a processing fee as listed in Chapter 22.250 (Applications, Petitions, and Fees) for an Appeal to the Regional Planning Commission, Non-Applicant. This fee shall be applied in its entirety to the Department.

(Ord. 2019-0004 § 1, 2019.)

22.240.060 - Procedures for Appeals and Calls for Review.

A.

Hearing Dates. The Appeal Body may delegate the setting of hearing dates to its secretary or clerk.

B.

Public Hearing.

1.

An appeal or review hearing shall be a public hearing if the decision being appealed or reviewed required a public hearing.

2.

A public hearing on an appeal from an action of the Hearing Officer is not subject to Chapter 22.222.190 (Hearing Examiner Public Hearing).

3.

The Appeal Body shall consider the matter directly at its public hearing. Notice of public hearings shall be given in the manner required for the decision being appealed or reviewed.

C.

Plans and Materials. At an appeal or review hearing, the Appeal Body shall consider only the same application, plans, and materials that were the subject of the original decision. Compliance with this provision shall be verified prior to or during the hearing by a representative of the person or body that made the original decision. If new plans and materials which differ substantially from the original are submitted, the applicant shall file a new application. Changes to the original submittal made to meet objections by the staff, the Appeal Body, or the opposition below need not be the subject of a new application. As part of the

decision, the Appeal Body may impose additional conditions on a project in granting approval to a modified project.

D.

Hearing. At the hearing, the Appeal Body shall review the record of the decision and hear testimony of the appellant, the applicant, the party or body whose decision is being appealed or reviewed, and any other interested party.

E.

Decision and Notice.

1.

After the hearing, the Appeal Body shall affirm, modify, or reverse the original decision or refer the matter back for further review.

2.

As part of the decision, the Appeal Body may impose additional conditions on a project in granting approval to a modified project.

3.

When a decision is modified or reversed, the Appeal Body shall state the specific reasons for modification or reversal.

4.

The secretary or clerk of the Appeal Body shall mail the notice of decision in compliance with Section 22.222.220 (Notice of Action), within 10 days after the date of the finalized decision.

F.

Effective Date of Decision. Where the decision of the Appeal Body is final and the application is not subject to further administrative appeal, the date of decision by the Appeal Body on such appeal shall be deemed the date of grant in determining said expiration date.

G.

Failure to Act. If the Appeal Body fails to act upon an appeal within the time limits prescribed in Subsection E.4, above, the decision from which the appeal was taken shall be deemed affirmed.

(Ord. 2022-0008 § 133, 2022; Ord. 2019-0004 § 1, 2019.)

In addition to the foregoing procedures, upon receiving an appeal or initiating a call for review, the Board may take one of the following additional actions:

A.

Affirm the action of the Commission;

B.

Refer the matter back to the Commission for further proceedings with or without instructions; or

C.

Require a transcript of the testimony and any other evidence relevant to the decision and take such action as in its opinion is indicated by the evidence. In such case, the Board's decision need not be limited to the points appealed, and may cover all phases of the matter, including the addition or deletion of any conditions.

(Ord. 2019-0004 § 1, 2019.)