§ 22.222

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