Chapter 22.242 — ENFORCEMENT PROCEDURES

This Chapter establishes procedures for enforcement of the provisions of this Title 22. These enforcement procedures are intended to assure due process of law in the abatement or correction of nuisances and violations of this Title 22.

(Ord. 2019-0004 § 1, 2019.)

22.242.020 - General Prohibitions.

A.

No structure shall be moved into an area, erected, reconstructed, added to, enlarged, advertised on, structurally altered, or maintained and no structure or land shall be used for any purpose, except as specifically provided and allowed by this Title 22.

B.

No person shall use or permit to be used any structure or land, nor shall any person erect, structurally alter, or enlarge any structure, or advertise on any structure, except in accordance with the provisions of this Title 22.

C.

No permit or entitlement may be issued or renewed for any use, construction, improvement, or other purpose, unless specifically provided for or permitted by this Title 22.

(Ord. 2019-0004 § 1, 2019.)

A.

Every person violating any condition or provision either of this Title 22, permit, or approval thereto, is guilty of a misdemeanor, unless such violation is otherwise declared to be an infraction in Section 22.242.050 (Infractions). Each violation is a separate offense for each and every day during any portion of which the violation is committed.

B.

Each violation determined to be an infraction by this Title 22 shall be punishable by a fine of $100 for the first violation. Subsequent violations of the same provision of this Title 22 shall be punishable by a fine of $200 for the second violation and $500 for the third violation in a 12-month period as provided by applicable law. The fourth and any further violations of the same provision of this Title 22 which are committed at any time within a 12-month period from the date of the commission of the first violation shall be deemed misdemeanors. The three infraction violations which are the basis for the fourth and any further violations being misdemeanors may be brought and tried together. The increased penalties set forth in this Section for subsequent violations shall be applicable whether said subsequent violations are brought and tried together with the underlying previous violations or separately therefrom.

(Ord. 2019-0004 § 1, 2019.)

Any use of property contrary to the provisions of this Title 22 shall be, and the same is hereby declared to be unlawful and a public nuisance, and the authorized legal representative of the County may commence actions and proceedings for the abatement thereof, in the manner provided by law, and may take such other steps and may apply to any court having jurisdiction to grant such relief as will abate or remove such use and restrain and enjoin any person from using any property contrary to the provisions of this Title 22.

(Ord. 2019-0004 § 1, 2019.)

22.242.050 - Infractions.

Violations of the provisions contained in the following list are deemed infractions:

A.

Automobile, truck, or other motor vehicle repair conducted outside of an enclosed building.

B.

Inoperative vehicle parking or storage.

C.

Keeping or parking of vehicles in violation of Section 22.112.040.C (Residential and Agricultural Zones), Section 22.140.585.F.8.a.i.(a), or Section 22.140.585.F.8.a.ii.

D.

Outside display and/or sales, except when authorized by and in accordance with a Special Event Permit (Chapter 22.188).

E.

Signs prohibited by Section 22.114.040 (Prohibited Signs Designated).

(Ord. 2020-0032 § 32, 2020; Ord. 2019-0004 § 1, 2019.)

The provisions of this Title 22 may also be enforced by injunction issued by any court having jurisdiction over the owner or occupant of any real property affected by such violation or prospective violation.

(Ord. 2019-0004 § 1, 2019.)

A.

Final Zoning Enforcement Order.

1.

In the course of enforcing any provision of this Title 22, the Director shall have the authority to issue a Final Zoning Enforcement Order concerning any property not in compliance with the provisions of this Title 22. Such order shall state, in not less than 14-point type in substantially the following form, that "Failure of the owner or person in charge of the premises to comply with this order within 15 days after the compliance date specified herein, or any written extension thereof, shall subject the violator to a noncompliance fee in the amount indicated on the Filing Fee Schedule, unless an appeal from this order is received within 15 days after the compliance date. Such appeal shall comply with Section 22.242.070.C of the Los Angeles County Code." The Director's issuance of a Final Zoning Enforcement Order shall be final unless an appeal from the order has been received.

2.

Service of a Final Zoning Enforcement Order shall be upon:

a.

The person in real or apparent charge and control of the premises involved;

b.

The record owner;

c.

The owner or holder of any lease of record; or

d.

The record owner of any interest in or to the land or any building or structure located thereon.

3.

Service shall be by personal delivery or by registered or certified mail, return receipt requested, at the Director's election.

4.

In the event the Director, after reasonable effort, is unable to serve the order as specified above, proper service shall be by posting a copy of the order on the premises. The date of service is deemed to be the date of mailing, personal delivery, or posting, as applicable.

B.

Noncompliance Fee.

1.

If a Final Zoning Enforcement Order has not been complied with within 15 days following the compliance date specified in the order, or any written extension thereof, and no appeal of such order has been timely received as provided in this Section, the Director shall have the authority to impose and collect a noncompliance fee in the amount indicated on the Filing Fee Schedule. The fee shall be subject to annual review and adjustment as provided in Section 22.250.010.D (Annual Fee Review).

2.

The purpose of the noncompliance fee is to recover costs of zoning enforcement inspections and other efforts by the Director to secure substantial compliance with a zoning enforcement order. Not more than one such fee shall be collected for failure to comply with a zoning enforcement order. The noncompliance fee shall be in addition to any other fees required by the County Code.

3.

The determination of the Director to impose and collect a noncompliance fee shall be final, and it shall not be subject to further administrative appeal.

C.

Appeal of Final Zoning Enforcement Order.

1.

Any person upon whom a Final Zoning Enforcement Order has been served may appeal the order to the Hearing Officer within the time specified in Subsection A, above. Such appeal shall contain any written evidence that the appellant wishes to be considered in connection with the appeal. If applicable, the appeal shall state that said person has applied for the appropriate permit or other administrative approval pursuant to this Title 22.

2.

The Hearing Officer shall consider such appeal within 45 days from the date that the appeal is received and shall notify the appellant of the decision within a reasonable period of time thereafter in the manner described in this Section for service of a Final Zoning Enforcement Order. The Hearing Officer may sustain, rescind, or modify the Final Zoning Enforcement Order. The decision of the Hearing Officer shall be final and effective on the date of decision, and it shall not be subject to further administrative appeal.

D.

Imposition and Collection of the Noncompliance Fee.

1.

The Director shall notify the person against whom a noncompliance fee is imposed in the manner described in this Section for service of a Final Zoning Enforcement Order. The Director may waive the imposition and collection of a noncompliance fee where the Director determines such waiver to be in the public interest.

2.

The person against whom the noncompliance fee is imposed shall remit the fee to the Director within 15 days after the date of service of said notice.

E.

Penalty After Second Notice of Noncompliance Fee. If the person against whom a noncompliance fee has been imposed fails to pay such fee within 15 days of notification as provided above, the Director may send a second notice of noncompliance fee in the manner described in this Section for service of a Final Zoning Enforcement Order. If the fee has not been paid within 15 days after the date of service of the second notice of noncompliance fee, the County shall withhold the issuance of a building permit or other approval to such person until the noncompliance fee has been paid in full. An administrative penalty assessment equal to two times the noncompliance fee and a collection fee equal to 50 percent of the noncompliance fee shall also be imposed if the fee is not paid within 15 days after the date of service of the second notice. The administrative penalty assessment and collection fee, after notice, shall become part of the debt immediately due and owing to the County. The County thereafter shall have the right to institute legal action in any court of competent jurisdiction to collect the amount of the noncompliance fee, administrative penalty assessment and collection fee. In any suit brought by the County to enforce and collect the noncompliance fee, administrative penalty assessment and collection fee, the County shall be entitled to collect all costs and fees incurred in such proceedings.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.244 - ORDINANCE AMENDMENTS

An Ordinance Amendment may be initiated to alter the boundaries of districts, to impose regulations not previously imposed, or to remove or modify any regulation already imposed by this Title 22. An Ordinance Amendment may be approved whenever the Board finds that the public convenience, 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.)

22.244.020 - Applicability.

A.

Initiation. A public hearing before the Commission or Hearing Officer may be initiated for an Ordinance Amendment:

1.

If the Board of Supervisors instructs the Department to set the matter for a public hearing;

2.

Upon the initiative of the Commission; or

3.

Upon the initiative of the Director.

B.

Urgency Ordinance. In the case of this Title 22, the Board may also adopt an urgency measure as an interim ordinance in compliance with Section 65858 of the California Government Code.

(Ord. 2019-0004 § 1, 2019.)

22.244.030 - Review Procedures.

Ordinance Amendments shall be processed in compliance with Chapter 22.232 (Type IV Review— Discretionary/Legislative) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

22.244.040 - 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 amendment is consistent with the surrounding 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 § 134, 2022; Ord. 2019-0004 § 1, 2019.)

Chapter 22.246 - ADDITIONAL LEGISLATIVE REGULATIONS

A.

Continuation of Existing Law. The provisions of this Title 22, as long as they are substantially the same as the provisions of any ordinance, or portions of any ordinance repealed by provisions codified in this Section, shall be construed as restatements and continuations of these ordinances, and not as new enactments.

B.

Proceedings Pending as of November 5, 1971 — Procedure Generally. No hearing or other proceeding initiated or commenced prior to November 5, 1971, and no right accrued, is affected either by amendments to Ordinance 1494 effective on November 5, 1971, or by the provisions of this Title 22, but all proceedings taken after this date shall conform to the provisions of this Title 22 as far as possible. Where the Commission, prior to November 5, 1971, has recommended the granting, denial, revocation, or modification of any permit, exception, license, or other approval to the Board, the Board may act upon such recommendation either before or after November 5, 1971. In all other cases, the Commission shall grant, deny, revoke, or modify as now provided in this Title 22, even if the action was initiated prior to November 5, 1971.

C.

Proceedings Pending as of November 5, 1971 — Applications for Exceptions. If, prior to November 5, 1971, an application for an exception has been heard by the Board, Commission, or Hearing Officer but has not been decided on by November 5, 1971, the Board, Commission, or Hearing Officer may, where applicable, consider the case as either an application for a variance or for a Conditional Use Permit, and shall decide or recommend pursuant to the provisions of this Title 22 as they now exist.

D.

Zone Exception.

Deemed Variance When. Where a Zone Exception granted by action of the Board or Commission prior to November 5, 1971, may be granted as a variance under the present provisions of this Title 22, it shall be deemed a variance.

2.

Considered Nonconforming Use When. In all cases other than as provided in Subsection D.1, above, where a Zone Exception was granted by action of the Board or Commission prior to November 5, 1971, such use shall be considered a nonconforming use under the provisions of this Title 22, provided:

a.

That such uses shall remain in compliance with and subject to all limitations and conditions imposed by such grant; and

b.

That all provisions governing nonconforming uses not in conflict with the limitations and conditions of such grant shall apply.

3.

Considered Conditional Use. Notwithstanding the provisions of Subsection D.2, above, where a Zone Exception, granted by action of the Board or Commission prior to November 5, 1971, may be granted as a Conditional Use Permit (Chapter 22.158) under the present provisions of this Title 22, it shall be deemed a Conditional Use Permit.

E.

Rights Under Existing Approval Not Affected. No rights given by any permit, license, or other approval under any ordinance repealed by the provisions of this Section are affected by such repeal, but such rights shall hereafter be exercised according to the provisions of this Title 22.

F.

Convictions for Crimes. Any conviction for a crime under any ordinance which is repealed by this Section, which crime is continued as a public offense by this Title 22, constitutes a conviction under this Title 22 for any purpose for which it constituted a conviction under such repealed ordinance.

G.

Repeal Does Not Revive Any Ordinance. The repeal of any ordinance amending this Title 22 shall not revive any amendment adopted prior to the repealed ordinance amendment.

(Ord. 2019-0004 § 1, 2019.)

22.246.020 - Applicability of Zone Changes and Ordinance Amendments.

A.

Unless otherwise specified in this Title 22, if a complete application, as determined by the Director, was submitted to the Department prior to the effective date of a Zone Change (Chapter 22.198) or an Ordinance Amendment (Chapter 22.244):

1.

The applicant may choose whether the application will be subject to the zoning and regulations that were applicable to the project prior to the effective date of such Zone Change or Ordinance Amendment; and

2.

If the applicant chooses to have the application be subject to the zoning and regulations that were applicable to the project prior to the effective date of such Zone Change or Ordinance Amendment:

a.

The application may be modified prior to consideration by the Commission, Hearing Officer, or Director, and still be subject to the previously applicable zoning and regulations so long as the requested modification does not:

i.

Change the project's housing type (e.g., from single-family residential to two-family or multi-family residential);

ii.

Increase the project's residential density;

iii.

Increase the project's floor area or lot coverage for non-residential space;

iv.

Change the project's tenure;

v.

Increase the amount of grading for the project; or

vi.

Increase the area of ground disturbance resulting from the project.

b.

Such a modification may necessitate submittal by the applicant of revised, updated, or additional materials, including, but not limited to, site plans, elevations, and Oak Tree Reports.

c.

If the requested modification does not meet all of the criteria set forth in this Subsection A.2, the modified project shall be considered a new application subject to the Zone Change or Ordinance Amendment.

B.

Modifications to Approved Permits Requested After Effective Date of Zone Changes and Ordinance Amendments.

1.

If an application for a modification to an approved but not used permit that is valid on the effective date of a Zone Change or Ordinance Amendment, is filed, and the proposed modification is a minor change and will result in a project that substantially conforms with the project previously approved by the permit, as determined by the Director, the modification, at the election of the applicant, may be subject to the zoning and regulations applicable to the permitted use prior to the effective date of Zone Change or Ordinance Amendment. In all other cases, an application for a modification to such a permit shall be considered a new application and shall be subject to the Zone Change or Ordinance Amendment.

2.

If an approved permit has been used prior to the effective date of such Zone Change or Ordinance Amendment and the permit contains a grant term, the permit may continue until the end of the grant term, and, at the end of the grant term, the permit shall cease and the property shall be subject to the provisions of this Title 22 in effect at that time. If, during the grant term, a request for a modification to the previously approved and used permit is made and the modification will result in a project that substantially conforms with the project previously approved by the permit, as determined by the Director, the modification shall be subject to the zoning and regulations applicable to the use prior to the effective date of such Zone Change or Ordinance Amendment. In all other cases, a request for a modification to the previously approved permit shall be subject to the provisions of Title 22 in effect at the time of filing the application for the modification.

3.

If an approved permit has been used prior to the effective date of such Zone Change or Ordinance Amendment and the permit does not have a grant term, the use may continue indefinitely without regard to the amended zoning and amended regulations resulting from such Zone Change or Ordinance Amendment. Notwithstanding the preceding sentence, all applicable provisions in Chapter 22.172 (Nonconforming Uses, Buildings and Structures) regarding nonconforming uses shall apply to the previously approved permit. If a request for a modification to the previously approved permit is made, and the modification will result in a use that substantially conforms with the project previously approved by the permit, as determined by the Director, the modification shall be subject to the zoning and regulations in effect prior to the effective date of such Zone Change or Ordinance Amendment. In all other cases, a request for a modification to the previously approved permit shall be subject to the provisions of this Title 22 in effect at the time of filing the application for the modification.

(Ord. 2021-0018 § 20, 2021; Ord. 2019-0004 § 1, 2019.)

A.

Purpose. The purpose of this Section is to promote the general welfare and enhance livable communities by requiring the use and incorporation of works of publicly accessible art in private development. By doing so, the County preserves and enriches the character and environment of its unincorporated communities; improves the quality of life for those who visit, live, or work in the County; mitigates potential adverse impacts of construction and increased density; fosters the economic vitality of communities; and engages residents, neighborhoods, businesses, and community organizations in creative partnerships with Artists. This Section sets forth requirements for the provision of the Public Art in Private Development Program, in connection with conditions for the design of residential, mixed use, commercial, and industrial development projects, and repair, addition, and alterations of such development projects.

B.

Applicability. The provisions of this Section shall apply to all new Eligible Projects, as defined in Section 22.14.160 (P), that are not entitled as of the effective date of this ordinance.

C.

Exemptions from Public Art in Private Development Program. The following shall be exempt from the provisions of this Section:

1.

Residential, mixed use, commercial or industrial development consisting exclusively of rehabilitation work required for seismic safety or to comply with all applicable building requirements, and governmental mandates, including, but not limited to, the Americans With Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended, regardless of valuation;

2.

Repair intended to upgrade an existing building or structure that does not change the use or type of such building or structure and does not alter the size or occupancy load of the building or structure;

3.

Repair or alterations of an existing building, including replacement of on-site Public Art, that has been partially or completely destroyed by a fire or natural disaster up to the original building valuation. Improvements in excess of the original building valuation shall not be exempt;

4.

Commercial or industrial development projects owned solely by a nonprofit organization, as defined in Section 22.14.140 (N), provided the premises are operated by a nonprofit organization and used exclusively in furtherance of nonprofit purposes;

5.

Commercial or industrial development projects, or portions thereof, that are designed and dedicated exclusively to nonprofit artistic or cultural use. Exempt facilities include museums, theaters, performance arts centers, or other similar facilities as determined appropriate by the Department of Arts and Culture. This exemption does not include gymnasiums or other sports facilities, commercial movie theaters, private recreation facilities, or buildings dedicated primarily to administrative activities; or

6.

All affordable housing, senior citizen housing, and special needs housing, as defined in Section 22.14.010 (A), including, but not limited to, homeless shelters, transitional housing, senior citizen housing development, veteran housing, or special needs housing.

D.

Administration. In accordance with Chapter 2.89 (Department of Arts and Culture) in Title 2 (Administration) of the County Code, the Department of Arts and Culture shall:

1.

Promulgate Policies and Procedures, pursuant to this Section;

2.

Maintain records of Public Art created and supported, pursuant to this Section; and

3.

Report annually to the Board as required by Section 22.246.090.J (Use of Fees Collected).

E.

Establishment of Public Art in Private Development Program. When a development project is subject to the requirements of this Section, any Eligible Project will comply with one or more of the following options, as set forth in further detail in the Policies and Procedures:

1.

One of four categories of Public Art:

a.

Newly commissioned work of permanent art;

b.

Construction, repair, or funding of improvements to cultural facilities on the development site or within a radius as approved by the Department of Arts and Culture;

c.

Restoration, conservation, or preservation of existing publicly accessible Public Art on the development site or within a radius as approved by the Department of Arts and Culture; or

d.

Funding of artistic and cultural programs or services on the development site or within a radius as approved by the Department of Arts and Culture.

2.

Public Art In-Lieu Fee Option. As an alternative to providing Public Art as described in Subsections E.1.a through d, above, the Developer may pay a fee to be deposited in the Public Art in Private Development Fund equal to one percent of the building valuation of a development project. Alternatively, if the Developer provides Public Art as described above, and the value of such Public Art is less than one percent of the building valuation, the Developer shall pay the difference between one percent of the building valuation and the Public Art to the Public Art in Private Development Fund.

F.

Compliance with Public Art in Private Development Program.

1.

When a Developer elects to fulfill the Program Requirement by means other than paying the In-Lieu Fee, no building permit shall be issued until the Department of Arts and Culture has received, approved, and accepted the Art Plan with a proposal committing the Developer to comply with the Program Requirement by a pre-determined date. Once the Developer is notified of acceptance of the Art Plan, the Developer shall submit a Deposit of Security with the County, in such format as specified by the County, in an amount equivalent to one percent of the building's valuation, as defined in Section 22.14.160 (P). No building permit shall issue until the Developer submits the Art Plan and posts a Deposit of Security as described herein. The County may hold the deposit until a Certificate of Occupancy is issued for the development project. The County, in its sole discretion, may provide additional forms of deposit for Developers to satisfy this requirement. A Certificate of Occupancy may be issued, and the deposit in the amount equal to the direct costs expended returned, when approved by the Department of Arts and Culture after the Public Art is determined to be delivered in compliance with this Section and the County's Public Art in Private Development Program Policies and Procedures. If the Program Requirement is not met, and the Developer has been given a reasonable time to cure, the Department of Arts and Culture shall collect on the value of the Deposit of Security and deposit the funds into the Public Art in Private Development Fund.

2.

When a Developer has elected to pay the In-Lieu Fee, pursuant to Subsection E.2 (Public Art In-Lieu Fee Option), above, no building permit shall be issued until such In-Lieu Fee has been paid.

3.

For Public Art placed on the Developer's property, the Public Art is to be owned and maintained by the Developer or, if applicable, by occupants or owners of the subject property. Maintenance of the Public Art

shall be adequately provided for in a covenant as approved by the Department of Arts and Culture, which shall run with the land for a minimum of 25 years, unless a different timeframe is approved by the Department of Arts and Culture. If the nature of the Public Art requires other appropriate provisions be made for the proper care and maintenance of the Public Art, in addition to or in lieu of a covenant, such additional or alternate provisions will be agreed to, pursuant to a form and standards as approved by the Department of Arts and Culture. Any Public Art to be removed, altered, or relocated from the subject property at any time shall be deaccessioned in accordance with the Policies and Procedures.

4.

The cost of services or utilities necessary to operate or maintain the Public Art over time is not included in calculating the value of the Public Art for the purpose of satisfying the Program Requirement.

G.

Public Art Compliance with Zoning Requirements.

1.

The proposed Public Art shall comply with all zoning regulations prescribed by this Title 22, including zoning regulations for the proposed development project, permitted uses for the zone, applicable entitlements for the use, and development standards including, but not limited to, height, parking, and setbacks. Entitlements for the proposed Public Art, if applicable, shall be submitted concurrently with site plans and any required entitlements for the development project.

2.

All on- and off-site Public Art, in conjunction with a development project, located within the geographic area governed by the Marina del Rey Specific Plan shall be submitted to the Design Control Board for review. Any recommendations, including a written report or marked plans, that illustrate the Design Control Board's conclusions relating to the project's architectural design and site planning, shall be submitted to the Commission or Hearing Officer within 120 days of the filing of a Coastal Development Permit application in compliance with Section 22.46.1110.D (Design Control Board).

H.

Public Art Standards.

1.

All Public Art shall comply with the following standards:

a.

The Public Art satisfies the artistic and cultural needs of the development project so as to reduce the need for public artistic or cultural facilities, services or community amenities to serve the patrons, occupants, or owners of the development project, and is responsive to the needs of the community in which the development project or Public Art will be located to be determined by the Department of Arts and Culture;

b.

The Public Art shall be in an area open and publicly accessible at least eight hours each day of at least five days per week;

c.

A cultural facility that is being improved, pursuant to Subsection E.1.b, above, shall be publicly accessible during its regular business hours; and

d.

The Public Art shall be in substantial compliance with any applicable arts and cultural master plan, policies, and implementation procedures adopted by the Board.

2.

For purposes of compliance with Subsection H.1, above, the following costs shall not be included to satisfy the Program Requirement, nor shall any such costs be included in the budget for the proposed Public Art:

a.

Directional elements, such as supergraphics, signage, or color coding;

b.

Artworks that contain a commercial message by referencing, presenting, or promoting a product or service that is available on- or off-site of the subject property through text, image, logo, trademark, or other mechanism;

c.

Mass produced objects, or objects of standard design;

d.

Reproductions, by mechanical or other means, of original works of art, except in cases of film, video, photography, traditional fine art printmaking, or other media arts;

e.

The architecture of the building or facility, or any portion thereof, including decorative, ornamental, or functional elements, unless designed by an Artist specifically commissioned for this design enhancement purpose;

f.

Landscape architecture and landscape gardening, except where these elements are designed by an Artist specifically commissioned for this design enhancement purpose; or

g.

Services or utilities necessary to operate or maintain the Public Art over time.

I.

Public Art in Private Development Fund.

1.

A Public Art in Private Development Fund shall be established and shall continue from year to year. The fund shall consist of one account to be used in all Supervisorial Districts, to be established by the AuditorController and administered by the County Department of Arts and Culture apart from the general revenue funds and accounts of the County. All interest and investment earnings in said fund shall accrue to the use and benefit of the applicable fund.

2.

All Public Art in Private Development In-Lieu Fees received by the County, pursuant to this Section, shall be deposited in the Public Art in Private Development Fund and shall be appropriately accounted for and expended. The fund is authorized to accept gifts, grants, and donations made to the County for Public Art in Private Development.

3.

Any appropriations, gifts, grants, or awards of money or property received for Public Art in Private Development from either public or private donors shall be placed in trust for and inure to the use and benefit of the County for Public Art in Private Development purposes, and such property or funds shall be expended, utilized, and disbursed, pursuant to the provisions of this Section. Any gifts, grants, or awards received subject to a condition shall be expended in accordance with such condition.

J.

Use of In-Lieu Fees Collected.

1.

The Department of Arts and Culture shall make recommendations to the Board for expenditures from the Public Art in Private Development Fund in accordance with County budgetary procedures and adopted Policies and Procedures, which expenditures shall be administered by the Department of Arts and Culture and used exclusively for the acquisition, commissioning, installation, improvement, maintenance, insurance, restoration, conservation, or preservation of Public Art in any form, and the provision of any similar arts or cultural activities, programs, or arts services for the benefit of the County.

2.

The Department of Arts and Culture shall provide an annual report to the Board which outlines Public Art in Private Development activities for the previous fiscal year. The report will detail the provision of Public Art in Private Development undertaken during the year, and the use of all Public Art in Private Development InLieu Fees collected and deposited in the Public Art in Private Development Fund. The report may set priorities for use of the Public Art in Private Development Art Fund in future years.

(Ord. 2021-0047 § 4, 2021.)

Chapter 22.248 - REVIEW OF COUNTY REAL ESTATE ACTIVITIES

The purpose of this Chapter 22.248 is to ensure review of whether certain County real estate activities conform with the General Plan, consistent with Section 65402(a) of the California Government Code.

(Ord. 2019-0004 § 1, 2019.)

A.

This Chapter 22.248 shall apply to the following County real estate activities:

1.

Acquisition of real property for street, square, park, or other public purposes by dedication or other means;

Disposition of real property; and

3.

Vacation or abandonment of a street.

B.

Notwithstanding Subsection A, above, this Chapter 22.248 shall not apply to the following County real estate activities:

1.

Disposition of the remainder of a larger parcel which was acquired and used in part for street purposes, if such disposition is of a minor nature, as determined by the Director;

2.

Acquisitions, dispositions, or abandonments for the purposes of street widening, if such acquisitions, dispositions, or abandonments are of a minor nature, as determined by the Director; and

3.

Alignment projects, if such projects are of a minor nature, as determined by the Director. The County shall be exempt from this requirement unless such an application is required by a specific plan adopted by the Board.

(Ord. 2019-0004 § 1, 2019.)

A.

If a County real estate activity is subject to this Chapter 22.248, the lead County department shall identify the location, purpose, and extent of the real estate activity and submit this information to the Director for review.

B.

The Director shall review the information required by Subsection A, above, and determine whether the County real estate activity conforms to the General Plan, the development standards of this Title 22, and good planning practices. The Director shall provide this determination to the lead County department within 40 days of submittal unless the review is referred to the Commission pursuant to Section C, below.

C.

The Director may refer the review of any County real estate activity to the Commission. The Commission shall determine whether the County real estate activity conforms to the General Plan, the development standards of this Title 22, and good planning practices and shall provide this determination to the lead County department within 40 days of the submittal of the request to the Director.

(Ord. 2019-0004 § 1, 2019.)

The Director or Commission shall provide a report to the requesting entity as to whether the County real estate activity conforms to the General Plan.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.250 - APPLICATIONS, PETITIONS, AND FEES

A.

For the purpose of defraying the expense involved with any application or petition required or authorized by this Title 22, the following fees, as provided in Table 22.250.010-A, below, shall accompany the application or petition. Table 22.250.010-A may be referred to as the Filing Fee Schedule.

B.

Additional Fees.

1.

Fire Department. In addition to the required filing fees in Subsection A, above, the applicant shall pay to the Fire Department the fees and deposits for oak tree inspections and report reviews as required in Section 328 in Title 32 (Fire Code) of the County Code.

Conditional Use Permits for Land Reclamation Projects. In addition to the required filing fee in Subsection A, above, where the land reclamation project involves a new or expanded Class III landfill, the applicant shall pay an additional deposit fee equal to the amount of the initial fee for each additional 20,000,000 cubic yards of capacity, or fraction thereof, in excess of the first 20,000,000 cubic yards of capacity.

3.

Housing Permits.

a.

Housing Permit Evaluation Fee. The applicant shall pay directly to the LACDA a one-time fee in the amount of $2,379 for the LACDA's review of a Housing Permit (Chapter 22.166) application.

b.

Housing Permit Monitoring Fees. The applicant for an approved Housing Permit (Chapter 22.166) shall be required to pay monitoring fees directly to the LACDA, as follows:

i.

An amount equal to $170 × 55 years per unit of the rental affordable housing set-aside, except that for housing developments with more than 10 affordable housing set-aside units, the fee shall be the same amount as a housing development with 10 affordable housing set-aside units. The fee may be paid annually or capitalized as a one-time lump sum payment, as approved by the LACDA;

ii.

A one-time lump sum in the amount of $2,934 per unit of the for-sale affordable housing set-aside;

iii.

One-time lump sum payments shall be made prior to covenant and agreement recordation. Annual payments require execution of a fee schedule with the LACDA; and

iv.

Such fees shall be deposited into a LACDA account from which costs shall be deducted by the LACDA to defray the ongoing monitoring costs.

4.

In addition to any fees or deposits required by this Title 22, the applicant shall be responsible for any fees or deposits that would be required by any other statute or ordinance.

C.

Deposit Requirements for Selected Planning and Zoning Permits.

The applicant shall pay the minimum initial deposit as set forth in Subsection A, above, from which actual costs shall be billed and deducted, for the purpose of defraying the expense involved in the review of the following planning and zoning permits:

—

Development agreements;

—

Plan amendment requests; and

—

Specific plans.

2.

Supplemental Deposit Requirements. The applicant shall also pay the following supplemental deposits, from which actual costs shall be billed and deducted, when actual costs exceed the amount of the initial deposit:

a.

If during the planning and zoning permit review process, actual costs incurred reach 80 percent of the amount on deposit, the applicant shall be notified and required to submit a minimum supplemental deposit up to the amount of the initial deposit. There is no limit to the number of supplemental deposits that may be required prior to completion or withdrawal of the planning and zoning permit review.

b.

If the initial or supplemental deposit is not received by the Department, within 30 days of notification that such deposit is due and payable, all work shall be discontinued until such deposit is received.

c.

At the sole discretion of the applicant, the amount of an initial or supplemental deposit may exceed the minimum amounts defined herein, except that at no time shall such initial or supplemental deposit be less than the minimum requirement.

3.

Final Fee Determination. The final fee for the zoning permits listed in this Subsection C shall be based on actual costs incurred by the Department to review and process all required zoning permit documentation.

a.

Planning costs shall be computed on a monthly basis and deducted from the amount on deposit. The planning and zoning permit fee shall be finalized upon completion of the review process. If final planning costs do not exceed the amount on deposit, the unused portion shall be refunded to the applicant.

b.

Should the application be withdrawn, costs to date shall be computed and the unused portion of the amount on deposit shall be refunded to the applicant.

c.

Costs shall be computed using actual hours expended by planning staff multiplied by the most current applicable hourly rates, approved by the Auditor-Controller, that are available at the time that costs are assessed.

d.

Cost data used to determine planning and zoning permit fees shall be maintained, by the planning business office, and made available for public review while work is in progress and for three years following final action or withdrawal of the application.

D.

Annual Fee Review. The fees in this Section shall be reviewed annually by the Auditor-Controller. Beginning on January 1, 1992, and thereafter on each succeeding January 1, the amount of each fee in this Section shall be adjusted as follows: Calculate the percentage movement in the Consumer Price Index for Los Angeles during the preceding January through December period, adjust each fee by said percentage amount and round off to the nearest dollar. However, no adjustment shall decrease any fee and no fee shall exceed the reasonable cost of providing services.

(Ord. 2023-0044 § 7, 2023; Ord. 2022-0008 § 141, 2022; Ord. 2019-0072 § 4, 2019; Ord. 2019-0053 § 33, 2019; Ord. 2019-0004 § 1, 2019.)

• Editor's note: Fee changes in this section include changes made by the director of planning due to increases in the Consumer Price Index and are effective March 1, 2026.

22.250.020 - Fee Waivers, Exemptions, and Reductions.

A.

Waiver Authorized by the Board. When the Board, by adopted resolution, determines that it is in the public interest to accept applications or petitions without a filing fee, the Director shall accept such applications or petitions subject to the requirements specified in said resolution.

B.

Fee Exemption and Reduction for Affordable Housing. An applicant for a Housing Permit (Chapter 22.166) may request an exemption from, or a reduction in, the payment of any planning and zoning fees or deposits, if a housing development provides income-restricted units, pursuant to Chapter 22.120 (Density Bonus), Chapter 22.121 (Inclusionary Housing), Section 22.128.200 (Supportive Housing Streamlining), Section 22.130.200 (Motel Conversions, Permanent), or Section 22.140.660 (Motel Conversions, Temporary) subject to the following:

1.

Fee Exemption. Request for a fee exemption shall be granted, if the housing development consists solely of dwelling units, exclusive of a manager's unit or units, that are affordable to extremely low, very low, lower, or moderate income households.

2.

Fee Reduction. Request for a fee reduction shall be granted, if the housing development provides an income-restricted unit(s), but the applicant is not eligible for the fee exemption described in Subsection B.1, above. The rate of reduction shall be the total number of income-restricted dwelling units divided by the total number of dwelling units. For the purpose of this Subsection B.2, "total number of dwelling units" means all dwelling units within the housing development, exclusive of a manager's unit or units, and inclusive of dwelling units permitted by the density bonus(es) awarded, if applicable.

3.

For the purpose of this Subsection B, "planning and zoning fees or deposits" are the fees or deposits provided in Section 22.250.010 (Filing Fees and Deposits) incurred by the Department of Regional Planning. This Subsection B does not authorize any exemption from, or reduction in, the payment of fees or deposits incurred by other County departments or agencies.

C.

Fee Exemption for Shelters and Accessory Overnight Safe Parking. An applicant may request an exemption from the payment of planning and zoning fees for a Ministerial Site Plan Review to develop a domestic violence shelter, emergency shelter, accessory emergency shelter, or accessory overnight safe parking. For the purpose of this Subsection C, "planning and zoning fees" are the fees provided in Section 22.250.010 (Filing Fees and Deposits) incurred by the Department. This Subsection C does not authorize any exemption from the payment of fees or deposits incurred by other County departments or agencies.

D.

Fee Exemption for Mobilehome Parks. An applicant for a mobilehome park may request an exemption from the payment of the fees or deposits provided in Section 22.250.010 (Filing Fees and Deposits) incurred by the Department. This Subsection D does not authorize any exemption from, or reduction in, the payment of fees or deposits incurred by other County departments or agencies.

(Ord. 2021-0018 § 22, 2021; Ord. 2021-0017 § 33, 2021; Ord. 2019-0053 § 34, 2019; Ord. 2019-0004 § 1, 2019.)

A fee shall be added for in-house electronic recordings directly with the Los Angeles County Registrar Recorder's Office as requested by applicant, agent, and/or property owner as an added planning service to members of the public, as provided in Table 22.250.010-A, above.

(Ord. 2023-0044 § 8, 2023.)

A fee shall be added for processing all yard sale registrations, as provided in Table 22.250.010-A, above.

(Ord. 2023-0044 § 9, 2023.)

Chapter 22.252 - WOOLSEY FIRE DISASTER RECOVERY

The Woolsey Fire destroyed tens of thousands of acres of land in Los Angeles County in November 2018. More than 1,700 structures were damaged or destroyed throughout Los Angeles County, including more than 850 structures in unincorporated areas. The regulations and standards herein will facilitate the establishment of temporary housing for residents affected by the Woolsey Fire and facilitate the process for rebuilding structures damaged or destroyed by the fire while protecting the public health and safety of the residents within the declared disaster area.

(Ord. 2019-0048U § 2, 2019.)

This Chapter 22.252 is approved and amended, pursuant to sections 25123(d) and 25131 of the California Government Code, allowing for ordinances for the immediate preservation of the public peace, health, or safety.

(Ord. 2019-0048U § 3, 2019.)

The provisions in this Chapter shall remain in effect until December 31, 2022, unless extended or modified by the Board. If not extended or modified, this Chapter shall expire on December 31, 2022, and be of no further force or effect. No residential recreational vehicle use or other temporary housing authorized, pursuant to this Chapter, shall be used for permanent housing after the expiration date of this Chapter.

(Ord. 2019-0048U § 4, 2019.)

"Like-for-like replacement." Replacement of structures that are in the same location, are the same size, and are covering the same building footprint as previously existing legally-established structures.

(Ord. 2019-0048U § 5, 2019.)

Notwithstanding any contrary provisions in this Title 22, recreational vehicles, as defined in section 18010 of the California Health and Safety Code, in addition to mobile homes and manufactured homes, as defined in sections 18007 and 18008 of the California Health and Safety Code, respectively, shall be permitted as temporary housing subject to the following standards:

A.

Temporary housing shall be permitted only on a lot or parcel of land where a legally-established singlefamily residence or legally-established employee housing was irreparably damaged or destroyed by the Woolsey Fire;

B.

Within Significant Ecological Areas, temporary housing units shall be exempt from the permitting requirements listed in Section 22.56.215;

C.

Any structure used as temporary housing may not exceed a maximum floor area of 3,000 square feet;

D.

Temporary housing shall be located on the existing building pad or graded area of the parcel on which the destroyed or damaged home or employee housing was located;

E.

Temporary housing may only be occupied by the property owner(s) and household members who reside with them;

F.

Temporary housing to replace employee housing shall be limited to employees who work on-site;

G.

All structures used for temporary housing must contain sleeping, cooking, bathing, and sanitary facilities;

H.

Temporary housing must be connected to a permanent source of potable water approved by the County;

I.

Temporary housing must be connected to a wastewater disposal system approved by the County;

J.

Temporary housing must be connected to an electrical source approved by the County;

K.

Where temporary housing is used to replace legally-established employee housing, more than one structure may be used. The temporary housing shall be designed to accommodate no more than the number of employees who lived on-site before the Woolsey Fire;

L.

In addition to the one-year length of temporary housing allowed, pursuant to Chapter 22.258 (Temporary Housing After a Disaster), the Director may grant up to three one-year time extensions for a maximum duration of four years, not to exceed the life of this urgency ordinance; and

M.

All temporary housing structures shall be removed within 24 hours of the expiration date listed on the temporary housing approval or the expiration of this urgency ordinance.

(Ord. 2023-0025 § 5, 2023; Ord. 2020-0037U § 1, 2020; Ord. 2019-0048U § 6, 2019.)

Notwithstanding Section 22.336 of the County Code, structures destroyed by the Woolsey Fire may be replaced, and any development standard or regulation that prohibits or delays said reconstruction may be waived by the Director, subject to a ministerial site plan review and the following:

A.

Replacement of a destroyed structure and waiver of development standards and regulations applies only to the reconstruction of structures that were legally established prior to the Woolsey Fire;

B.

Structures irreparably damaged or destroyed by the Woolsey Fire will be reconstructed as a like-for-like replacement and shall not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent;

C.

The height of a rebuilt structure shall not exceed the height maximum outlined by the underlying zone, CSD standard, or condition of approval, as applicable;

D.

Notwithstanding Section 22.336.040.B, structures located within the significant ridgeline protection area shall not be expanded, shall only be constructed as a like-for-like replacement, and shall not encroach further into the protected zone of the significant ridgeline;

E.

Where a previous entitlement(s) that established the use occupying the destroyed structure remains valid and in full effect, the rebuilt structure(s) shall comply with any previous conditions of approval;

F.

For uses that require a conditional use permit and no such conditional use permit exists or has previously expired:

Non-residential uses must obtain a conditional use permit prior to reconstruction or resuming operations.

2.

Residential land uses may be re-established with a site plan review, so long as an application for a conditional use permit is, or has been filed, and is under review by the Department.

G.

Minor relocations of structures to be replaced may be authorized due to changes in topography or alteration of drainage features (e.g., creeks, streams, waterways, etc.) resulting from mudslides and other forms of debris flows, and consistent with other applicable standards and regulations in this urgency ordinance.

H.

After completion of like-for-like reconstruction of structures destroyed in the Woolsey Fire, all future development on-site will be subject to all applicable requirements within Title 22 of the County Code.

(Ord. 2019-0048U § 7, 2019.)

22.252.070 - Waiver of Certain Permitting Requirements.

A.

Oak Tree Permits. Notwithstanding Chapter 22.174 of the County Code, activities related to demolition and reconstruction of structures eligible under this urgency ordinance are not subject to the County's Oak Tree Permit requirements, subject to and except for, the following:

1.

Waiver of applicability of Chapter 22.174 applies only to legally-established structures located within the protected zone of an oak tree on the day the structure was destroyed by the Woolsey Fire;

2.

Structures to be reconstructed within the protected zone of a protected oak tree will be a like-for-like replacement of legally-established structures irreparably damaged or destroyed by the Woolsey Fire;

3.

Reconstruction does not result in new encroachments into the protected zone of subject oak tree or the removal of said tree;

4.

Subject oak trees shall be fenced off and protected during construction activities; and

Reconstruction activities that irreparably harmed oak trees shall be subject to Chapter 22.174, including, but not limited to, requiring a retroactive Oak Tree Permit and requirements to plant replacement oak trees at a ratio determined by the Hearing Officer.

B.

Significant Ecological Areas. Notwithstanding Chapter 22.102 of the County Code, activities related to demolition and reconstruction of structures eligible under this urgency ordinance are not subject to Chapter 22.102, subject to and except for, the following:

1.

Waiver of applicability of Chapter 22.102 applies only to structures legally established on the day the structure was destroyed by the Woolsey Fire;

2.

Structures to be reconstructed within a significant ecological area must be a like-for-like replacement of legally-established structures irreparably damaged or destroyed by the Woolsey Fire; except, relocation of reconstructed structures may be approved by the Director pursuant to Section 22.252.060.G if no new impacts to the significant ecological area will occur as a result of the relocation;

3.

Reconstruction does not result in new impacts to the significant ecological area; and

4.

Any sensitive biological resources shall be avoided and protected during construction activities.

(Ord. 2019-0048U § 8, 2019.)

A.

Structures to be rebuilt shall not be subject to the standards of Section 22.336.060.D.4, which prohibit the commencement of grading operations during the rainy season (from October 15 through April 15). Said grading activities shall provide erosion control to the satisfaction of Public Works;

B.

Notwithstanding Section 22.336.060.D, grading projects related to the rebuilding of structures destroyed in the Woolsey Fire shall abide by the following permitting requirements:

1.

Grading required for a like-for-like rebuild, that exceeds 5,000 cubic yards of total cut plus total fill material, shall not require a conditional use permit (Chapter 22.158) and shall instead be processed with a site plan review. Only the minimum amount of grading required to prepare the lot for rebuilding the fire-damaged

structures will be allowed. For purposes of determining the minimum amount of grading, justification by the project Soils Engineer, Geologist, and/or Civil Engineer will be required and be subject to verification by the Department of Public Works, Building and Safety Division.

C.

Notwithstanding Section 22.336.060.D.3, a haul route for off-site transport of 1,000 or more cubic yards of cut or fill shall be permitted with a site plan review.

(Ord. 2019-0048U § 9, 2019.)

Applications requesting to re-establish vineyards destroyed by the Woolsey Fire shall comply with all applicable standards for new vineyards in Section 22.336.060.H.

(Ord. 2019-0048U § 10, 2019.)

This Chapter applies to parcels located in the unincorporated area affected by the Woolsey Fire, as identified on Map 1, below.

==> picture [300 x 233] intentionally omitted <==

(Ord. 2019-0048U § 11, 2019.)

Chapter 22.254 - LAKE AND BOBCAT FIRES DISASTER RECOVERY

The Lake Fire and the Bobcat Fire destroyed over one hundred thousand acres of land in Los Angeles County in 2020. Dozens of structures were damaged or destroyed throughout the unincorporated areas of Los Angeles County. The regulations and standards herein will facilitate the establishment of temporary housing for residents affected by the Lake Fire or the Bobcat Fire and facilitate the process for rebuilding

structures damaged or destroyed by the fires while protecting the public health and safety of the residents within the declared disaster areas.

(Ord. 2020-0058U § 1, 2020.)

This Chapter 22.254 is approved pursuant to sections 25123(d) and 25131 of the California Government Code, allowing for ordinances for the immediate preservation of the public peace, health, or safety.

(Ord. 2020-0058U § 1, 2020.)

The provisions in this Chapter shall remain in effect until December 31, 2024, unless extended or modified by the Board. If not extended or modified, this Chapter shall expire on December 31, 2024, and be of no further force or effect. No residential recreational vehicle use or other temporary housing authorized, pursuant to this Chapter, shall be used for permanent housing after the expiration date of this Chapter.

(Ord. 2020-0058U § 1, 2020.)

"Like-for-like replacement." Replacement of structures that are in the same location, are the same size, and are covering the same building footprint as previously existing legally-established structures.

(Ord. 2020-0058U § 1, 2020.)

Notwithstanding any contrary provisions in this Title 22, recreational vehicles, as defined in section 18010 of the California Health and Safety Code, in addition to mobile homes and manufactured homes, as defined in sections 18007 and 18008 of the California Health and Safety Code, respectively, shall be permitted as temporary housing subject to the following standards:

A.

Temporary housing shall be permitted only on a lot or parcel of land where a legally-established singlefamily residence or legally-established employee housing was irreparably damaged or destroyed by the Lake Fire or the Bobcat Fire;

B.

Within Significant Ecological Areas, temporary housing units shall be exempt from the permitting requirements listed in Chapter 22.102;

C.

Any structure used as temporary housing may not exceed a maximum floor area of 3,000 square feet;

D.

Temporary housing shall be located on the existing building pad or graded area of the parcel on which the destroyed or damaged home or employee housing was located;

E.

Temporary housing may only be occupied by the property owner(s) and household members who reside with them;

F.

Temporary housing to replace employee housing shall be limited to employees who work on-site;

G.

All structures used for temporary housing must contain sleeping, cooking, bathing, and sanitary facilities;

H.

Temporary housing must be connected to a permanent source of potable water approved by the County;

I.

Temporary housing must be connected to a wastewater disposal system approved by the County;

J.

Temporary housing must be connected to an electrical source approved by the County;

K.

Where temporary housing is used to replace legally-established employee housing, more than one structure may be used. The temporary housing shall be designed to accommodate no more than the number of employees who lived on-site before the Lake Fire or the Bobcat Fire;

L.

In addition to the one-year length of temporary housing allowed, pursuant to Chapter 22.258 (Temporary Housing After a Disaster), the Director may grant up to three one-year time extensions for a maximum duration of four years, not to exceed the life of this urgency ordinance; and

M.

All temporary housing structures shall be removed within 24 hours of the expiration date listed on the temporary housing approval or the expiration of this urgency ordinance.

(Ord. 2023-0025 § 6, 2023; Ord. 2020-0058U § 1, 2020.)

Notwithstanding any applicable Community Standards District standards in Division 10 of this Title 22, structures destroyed by the Lake Fire or the Bobcat Fire may be replaced, and any development standard

or regulation that prohibits or delays said reconstruction may be waived by the Director, subject to a ministerial site plan review and the following:

A.

Replacement of a destroyed structure and waiver of development standards and regulations applies only to the reconstruction of structures that were legally established prior to the Lake Fire or the Bobcat Fire;

B.

Structures irreparably damaged or destroyed by the Lake Fire or the Bobcat Fire will be reconstructed as a like-for-like replacement and shall not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent;

C.

The height of a rebuilt structure shall not exceed the height maximum outlined by the underlying zone, Community Standards District standard, or condition of approval, as applicable;

D.

Notwithstanding any applicable Community Standards District significant ridgeline protection standards in Division 10 of this Title 22, structures located within the significant ridgeline protection area shall not be expanded, shall only be constructed as a like-for-like replacement, and shall not encroach further into the protected zone of the significant ridgeline;

E.

Where a previous entitlement(s) that established the use occupying the destroyed structure remains valid and in full effect, the rebuilt structure(s) shall comply with any previous conditions of approval;

F.

For uses that require a conditional use permit and no such conditional use permit exists or has previously expired:

1.

Non-residential uses must obtain a conditional use permit prior to reconstruction or resuming operations.

2.

Residential land uses may be re-established with a site plan review, so long as an application for a conditional use permit is, or has been filed, and is under review by the Department.

G.

Minor relocations of structures to be replaced may be authorized due to changes in topography or alteration of drainage features (e.g., creeks, streams, waterways, etc.) resulting from mudslides and other

forms of debris flows, and consistent with other applicable standards and regulations in this urgency ordinance.

H.

After completion of like-for-like reconstruction of structures destroyed in the Lake Fire or the Bobcat Fire, all future development on-site will be subject to all applicable requirements within this Title 22.

(Ord. 2020-0058U § 1, 2020.)

22.254.070 - Waiver of Certain Permitting Requirements.

A.

Oak Tree Permits. Notwithstanding Chapter 22.174, activities related to demolition and reconstruction of structures eligible under this urgency ordinance are not subject to the County's Oak Tree Permit requirements, subject to and except for, the following:

1.

Waiver of applicability of Chapter 22.174 applies only to legally-established structures located within the protected zone of a protected oak tree on the day the structure was irreparably damaged or destroyed by the Lake Fire or the Bobcat Fire;

2.

Structures to be reconstructed within the protected zone of a protected oak tree must be a like-for-like replacement of legally-established structures irreparably damaged or destroyed by the Lake Fire or the Bobcat Fire;

3.

Reconstruction does not result in new encroachments into the protected zone of a protected oak tree or the removal of said tree;

4.

Subject oak trees shall be fenced off and protected during construction activities; and

5.

Reconstruction activities that irreparably harmed oak trees shall be subject to Chapter 22.174, including, but not limited to, requiring a retroactive Oak Tree Permit and requirements to plant replacement oak trees at a ratio determined by the Hearing Officer.

B.

Significant Ecological Areas. Notwithstanding Chapter 22.102, activities related to demolition and reconstruction of structures eligible under this urgency ordinance are not subject to Chapter 22.102, subject to and except for, the following:

Waiver of applicability of Chapter 22.102 applies only to:

a.

Structures legally established on the day the structure was irreparably damaged or destroyed by the Lake Fire or the Bobcat Fire; and

b.

Fuel modification and brush clearance activities that are legally required for such structures at the time such structures are reconstructed, with the exception of tilling and discing, as approved by the Fire Department;

2.

Structures to be reconstructed within a significant ecological area must be a like-for-like replacement of legally-established structures irreparably damaged or destroyed by the Lake Fire or the Bobcat Fire; except, relocation of reconstructed structures may be approved by the Director pursuant to Section 22.254.060.G if no new impacts to the significant ecological area, other than new impacts related to activities listed in subsection B.1.b above, will occur as a result of the relocation;

3.

Reconstruction does not result in new impacts to the significant ecological area other than new impacts related to activities listed in subsection B.1.b above; and

4.

Any sensitive biological resources shall be avoided and protected during construction activities.

(Ord. 2020-0058U § 1, 2020.)

Notwithstanding any applicable Community Standards District grading standards in Division 10 of this Title 22, grading required for a like-for-like rebuild, that exceeds 5,000 cubic yards of total cut plus total fill material, shall not require a conditional use permit and shall instead be processed with a site plan review. Only the minimum amount of grading required to prepare the lot or parcel of land for rebuilding the firedamaged structures will be allowed. For purposes of determining the minimum amount of grading, justification by the project Soils Engineer, Geologist, and/or Civil Engineer will be required and be subject to verification by the Department of Public Works, Building and Safety Division.

(Ord. 2020-0058U § 1, 2020.)

This Chapter applies to lots or parcels of land located in the unincorporated areas of Los Angeles County affected by the Lake Fire or the Bobcat Fire, as identified on Maps 1 and 2, below.

(Ord. 2020-0058U § 1, 2020.)

==> picture [300 x 388] intentionally omitted <==

==> picture [300 x 385] intentionally omitted <==

Chapter 22.256 - DISASTER RECOVERY

This Chapter establishes procedures and regulations for temporary housing, like-for-like replacements, and accessory structures necessary, to prevent further damage or destruction to the lot or remaining structures, subsequent to a disaster.

(Ord. 2023-0025 § 7, 2023.)

Specific terms used in this Chapter are defined in Division 2 (Definitions), under "Disaster Recovery."

(Ord. 2023-0025 § 7, 2023.)

22.256.030 - Implementation.

A.

Applicability.

1.

The Director may implement this Chapter following a disaster. Implementation shall require a written statement and shall include a map that identifies the area of applicability. The area of applicability shall be limited to within the boundary of the disaster. Such statement and map shall be kept on file with the Department, made available to the public, and provided to the Board.

2.

Following a disaster, where the Director has not implemented this Chapter in accordance with Section A.1, Chapter 22.258 (Temporary Housing After a Disaster) shall apply.

3.

This Chapter shall not apply in the Coastal Zone.

B.

Application Requirements, Permit Duration, and Extension.

1.

Notwithstanding any contrary provisions in this Title 22, a Ministerial Site Plan Review (Chapter 22.186) application is required for Section 22.256.040 (Temporary Housing), Section 22.256.050 (Like-For-Like Replacement of Structures), and Section 22.256.060 (Accessory Structures).

2.

Any application filed in accordance with this Chapter shall be filed within two years of a declaration of emergency being first declared.

3.

Any permit approved for temporary housing shall expire two years following a declaration of emergency being first declared.

4.

The Director may grant up to three one-year extensions of the time periods specified in Subsections B.2 and B.3, above, for a maximum cumulative duration of five years, if the Director determines that additional time is necessary because systemic delays beyond the control of the property owner have occurred affecting financing or construction.

(Ord. 2023-0025 § 7, 2023.)

22.256.040 - Temporary Housing.

Notwithstanding any contrary provisions in this Title 22, temporary housing shall be permitted, subject to the following standards:

A.

Temporary housing shall be limited to the following eligible dwelling units: a single-family residence, an accessory dwelling unit, a caretaker's residence, or a farmworker dwelling unit.

B.

The Director shall not accept an application for temporary housing, unless the applicant lived in the dwelling unit on the lot within 12 months of a declaration of emergency being first declared. The applicant shall substantiate their eligibility to file such an application by providing, to the satisfaction of the Director, a driver's license or other government-issued identification card, property tax bill, utility bill, or similar document.

C.

The Director shall not accept an application for temporary housing until, to the satisfaction of the County, the lot has been cleared of disaster-related debris, rubble, ash, hazardous waste, or other items that otherwise constitute a threat to the public health, safety, or general welfare.

D.

Temporary housing shall be limited to one unit per eligible dwelling unit. A maximum of two units of temporary housing may be placed on any lot.

E.

Temporary housing shall not exceed a maximum floor area of 1,500 square feet or the floor area of the eligible dwelling unit, whichever is smaller.

F.

One temporary storage structure, not to exceed 450 square feet and 10 feet in height, shall be permitted with each permitted unit of temporary housing.

G.

Temporary housing and temporary storage structures shall be located on any developed portion of the lot, including the building pad and all graded slopes, all structures, decks, patios, impervious surfaces, and parking areas.

H.

A minimum distance of six feet shall be required between temporary housing and any other structure on the same lot.

I.

Temporary housing shall contain sleeping, cooking, bathing, and sanitary facilities.

J.

Temporary housing shall be connected to a permanent source of potable water approved by the County.

K.

Temporary housing shall be connected to a wastewater disposal system approved by the County.

L.

Temporary housing shall be connected to an electrical source approved by the County.

M.

Except as otherwise authorized by this Section, temporary housing shall comply with all other applicable requirements of this Title 22.

N.

For the purposes of Section 22.140.670 (Occupied Recreational Vehicle Parking During a County Declared Shelter Crisis), temporary housing authorized pursuant to this Section shall not be considered a legallyestablished single-family residence.

O.

Temporary housing and temporary storage structures authorized pursuant to this Section shall be removed within 24 hours of the expiration date established in accordance with Section 22.256.030.B.

P.

Temporary housing and temporary storage structures authorized pursuant to this Section shall be removed within 30 days after the issuance of the certificate of occupancy for like-for-like replacement of an eligible dwelling unit, in accordance with Section 22.256.050.

(Ord. 2023-0025 § 7, 2023.)

22.256.050 - Like-For-Like Replacement.

Notwithstanding the existence of any covenants, conditions, or restrictions that may conflict, and notwithstanding any community standards district, specific plan, or any other applicable regulation in this Title 22, like-for-like replacement shall be permitted, subject to the following standards:

A.

Where modifications to any like-for-like replacement are required by Title 26 (Building Code) or Title 32 (Fire Code), as determined by Public Works or the Fire Department, such modifications shall be no greater than necessary to accommodate such modification, and in any case, such modification shall not exceed either the floor area, size, height, or bulk of the damaged or destroyed structure by more than 10 percent.

B.

The height of any like-for-like replacement shall not exceed the maximum height limit of this Title 22 or the damaged or destroyed structure, whichever is smaller.

C.

Any like-for-like replacement located within a required yard or setback shall not encroach further into any required yard requirement or setback.

D.

Any like-for-like replacement located within a significant ridgeline protection area shall not encroach further into the protected zone of the significant ridgeline.

E.

Minor relocation of any like-for-like replacement shall be approved by the Director when the like-for-like replacement is within the same general area of the damaged or destroyed structure and:

1.

There are changes in topography or alteration of drainage features, including, but not limited to, creeks, streams, and waterways, resulting from mudslides or other forms of debris flows caused by a disaster; or

2.

The structure damaged or destroyed by a disaster was nonconforming due to standards, and a minor relocation of the like-for-like-replacement will result in compliance with current Title 22 standards; or

3.

The minor relocation of the like-for-like replacement will result in equal to or fewer impacts to protected oak trees, significant ridgelines, SEAs, or SEA Resources.

F.

Where a use entitlement, which established the use for the structure damaged or destroyed by a disaster, remains valid and in full force and effect, the like-for-like replacement shall comply with all previous conditions of approval.

G.

This Section shall not be construed to extend any termination date set forth in Chapter 22.172 (Nonconforming Uses, Buildings, and Structures).

H.

After structures are rebuilt in accordance with this Section, all future development on the lot shall be subject to all applicable requirements of this Title 22.

(Ord. 2025-0043U § 1, 2025; Ord. 2025-0034U § 1, 2025; Ord. 2023-0025 § 7, 2023.)

Accessory structures that are necessary to prevent damage to temporary housing or like-for-like replacements, or to prevent further damage to the lot or to remaining structures shall be permitted.

Accessory structures, such as fences, retaining walls, utilities, or poles for temporary power, shall comply with all applicable standards of Title 22.

(Ord. 2023-0025 § 7, 2023.)

A.

Oak Tree Permits. Temporary housing, like-for-like replacements, accessory structures, and related development activities eligible under this Chapter are not subject to Chapter 22.174 (Oak Tree Permits), subject to and except for the following:

1.

Waiver of applicability of Chapter 22.174 (Oak Tree Permits) applies only to oak trees where a legallyestablished structure was located within the protected zone of a protected oak tree on the day the structure was damaged or destroyed by a disaster.

2.

Temporary housing, like-for-like replacement, accessory structures, and related development activities shall not result in the encroachment into the protected zone of a protected oak tree not otherwise described in Subsection A.1.

3.

Temporary housing, like-for-like replacement, accessory structures, and related development activities shall not result in the removal of any protected oak tree.

4.

Protected oak trees within 200 feet of proposed construction, grading, landfill, or other development activity shall be fenced and protected during site activities to the satisfaction of the Director and in accordance with the following:

a.

For protected oak trees that have retained their canopy after a disaster, the protected zone is established according to whichever has the greatest area:

i.

The area within the dripline of a protected oak tree extending therefrom to a point at least five feet outside of the dripline; or

ii.

The area within 15 feet from the trunk of a protected oak tree.

b.

For protected oak trees that have lost all their canopy due to the disaster, the County shall presume that such trees are alive for at least two years following the disaster. For such trees, the protected zone is established as the area within the radius extending 18 inches per one inch of trunk diameter. Trunk diameter shall be measured four and one-half feet above the natural grade.

c.

For protected oak trees that have lost part of their canopy due to the disaster, the County shall presume that such trees are alive for at least two years following the disaster. For such trees, the protected zone is established according to the following:

i.

Where the canopy remains, as measured by Subsection A.4.a, above; and

ii.

Where the canopy has been lost, as measured in accordance with Subsection A.4.b, above.

d.

Chain link fencing not less than four feet in height shall be installed around the protected zone of protected oak trees in order to restrict storage, machinery storage, and access during rebuilding activities. Said fencing shall be in place prior to commencement of any development activity on the lot. Said fencing shall remain in place throughout the entire period of development and shall not be removed until development activities have concluded.

e.

Any excavation or grading allowed within the protected zone of a protected oak tree shall be limited to hand tools or small hand-power equipment; and

f.

Utility trenching shall avoid encroaching into the protected zone of a protected oak tree on its path to and from any structure.

5.

Removal of any protected oak tree damaged by a disaster is prohibited for two years following the disaster, unless such tree poses a danger to people or property as determined by the County Forester or unless an Oak Tree Permit (Chapter 22.174) is obtained. The Director shall reduce the two-year time period, to not less than one year, if the rainfall in the disaster area in the winter or spring following the disaster is greater than the average rainfall for such winter or spring, and the Department Biologist or County Forester determines that the protected oak tree is dead.

6.

Activities that damage, encroach, or remove protected oak trees not otherwise authorized by this Subsection A shall be subject to Chapter 22.174 (Oak Tree Permits), including, but not limited to, requiring

a retroactive Oak Tree Permit and requirements to plant replacement oak trees at a ratio determined by the Review Authority.

B.

Significant Ecological Areas. Temporary housing, like-for-like replacement, accessory structures, and related development activities eligible under this Chapter are not subject to Chapter 22.102 (Significant Ecological Areas), subject to and except for the following:

1.

Waiver of applicability of Chapter 22.102 (Significant Ecological Areas) applies only to significant ecological areas and SEA Resources where a legally-stablished structure was located in a significant ecological area on the day the structure was damaged or destroyed by a disaster.

2.

Temporary housing, like-for-like replacements, accessory structures, and related development activities shall result in equal to or fewer impacts to the significant ecological area or SEA Resources.

3.

All priority biological resources shall be avoided and protected during development activities.

4.

Activities that impact the significant ecological area, by damaging or removing SEA resources not otherwise authorized by this Subsection B, shall be subject to Chapter 22.102 (Significant Ecological Areas), including, but not limited to, requiring a retroactive SEA review or permit.

C.

Grading. Temporary housing, like-for-like replacement, and accessory structures eligible under this Chapter are not subject to Chapter 22.158 (Conditional Use Permit) for grading and a haul route, subject to and except for the following:

1.

Waiver of applicability of any requirement in this Title 22 where a Conditional Use Permit (Chapter 22.158) is required for grading or haul route applies only to where a legally-stablished structure was damaged or destroyed by a disaster.

2.

The Director shall approve only the minimum amount of grading required to restore the lot to a pre-disaster state or prepare the lot for like-for-like replacement. For purposes of determining the minimum amount of grading, justification by the project soils engineer, geologist, or civil engineer may be required by the Director and may be subject to verification by Public Works, Building and Safety Division.

Any such grading activities shall provide erosion control best management practices to the satisfaction of Public Works.

4.

Any requirement in this Title 22 that prohibits the commencement of grading operations during the rainy season (from October 15 through April 15) shall not apply.

(Ord. 2023-0025 § 7, 2023.)

Chapter 22.258 - EATON FIRE DISASTER RECOVERY

In January 2025, the Eaton Fire caused the damage or destruction of 6,921 structures in the unincorporated Altadena and Kinneloa Mesa communities. The regulations and standards herein will help facilitate disaster recovery, including reconstruction and permitting for properties that suffered irreparable damage or destruction, while protecting the public health, safety, and welfare of the residents and businesses within the declared disaster area.

(Ord. 2025-0043U § 1, 2025; Ord. 2025-0034U § 1, 2025; Ord. 2023-0025 § 8, 2023.)

22.258.020 - Definitions.

The following definitions shall apply to this Chapter:

Like-for-like rebuild project. A development project on a property that was damaged or destroyed and consists entirely of like-for-like replacement structures. A like-for-like rebuild project may include new accessory dwelling unit(s) and/or new junior accessory dwelling unit(s), provided those new dwelling units comply with applicable Title 22 requirements in effect at the time the complete application was filed. A likefor-like rebuild project may also include new accessory structures in accordance with Section 22.258.030.A.

Like-for-like replacement structure. The rebuild, repair, or replacement of a legally-established structure that was damaged or destroyed and generally has the same or smaller floor area, size, and bulk, and generally covers the same footprint as the prior legally-established structure.

New structure. The construction of a new structure on a property that was damaged or destroyed.

Non-like-for-like rebuild project. A development project on a property that was damaged or destroyed and consists entirely of non-like-for-like replacement structures and/or new structures, or a mix of like-for-like replacement structures, non-like-for-like structures, and new structures. Non-like-for-like replacement structures and new structures shall comply with applicable Title 22 requirements in effect at the time the complete application was filed. The project shall also comply with applicable Title 22 requirements that apply to the entire project and/or the entire property at the time the complete application was filed, including, but not limited to, the requirements in Division 3 (Zones), Division 4 (Combining Zones and Supplemental Districts), Division 5 (Special Management Areas), Division 6 (Development Standards),

Division 7 (Standards for Specific Uses), and Division 10 (Planning Area and Community Standards Districts).

Non-like-for-like replacement structure. The rebuild, repair, or replacement of a legally-established structure that is not a like-for-like replacement structure.

Standalone accessory dwelling unit. A new accessory dwelling unit on a property that was damaged or destroyed and does not have a primary dwelling unit. A standalone accessory dwelling unit shall comply with applicable Title 22 requirements in effect at the time the complete application was filed.

(Ord. 2025-0043U § 1, 2025; Ord. 2025-0034U § 1, 2025; Ord. 2023-0025 § 8, 2023.)

Notwithstanding the existence of any covenants, conditions, or restrictions that may conflict, and notwithstanding any community standards district, specific plan, or any other applicable regulation in this Title 22, like-for-like replacement shall be permitted, subject to the following standards:

A.

Accessory Structures. Notwithstanding Section 22.256.060 (Accessory Structures), a like-for-like rebuild project or a non-like-for-like rebuild project may include any accessory structure, not just accessory structures that are necessary to prevent damage to like-for-like replacement structures, or to prevent further damage to the lot or to remaining structures. A new accessory structure that is part of a like-for-like rebuild project, or a non-like-for-like replacement accessory structure, or a new accessory structure that is part of a non-like-for-like rebuild project, such as fences, retaining walls, or utilities, shall comply with applicable Title 22 requirements in effect at the time the complete application was filed.

B.

Direct Pedestrian Access. Notwithstanding Section 22.140.520.F.3.b (Direct Pedestrian Access), a non-likefor-like rebuild project associated with a residential use on a lot where sidewalks are not present and the front property line does not directly adjoin a street may provide the direct pedestrian pathway to the primary building entrance through a vehicle driveway.

C.

Expansion. A like-for-like replacement structure associated with a residential use may exceed the damaged or destroyed structure's previous footprint and total gross floor area by 10 percent or 200 square feet, whichever is greater, provided it meets all setback requirements in Subsections D (Front Yard Setback) and F (Minor Relocation), below, and current Building Code, Fire Code, and Health and Safety Code requirements.

D.

Front Yard Setback.

Notwithstanding Section 22.32.090.D.1.a (Zone Specific Development Standards, Zone R-1, Yard Requirements), the minimum front yard setback in Zone R-1 within the Altadena Community Standards District shall be 20 feet, unless the property is subject to Section 22.32.090.E.2, in which case the minimum front yard setback in the Front Yard Setback District shall apply.

2.

If a damaged or destroyed structure had a previous front yard setback greater than 20 feet, the like-for-like replacement structure may have a smaller front yard setback, provided it is at least 20 feet, and the like-forlike replacement structure otherwise complies with the setback requirements in Subsection F (Minor Relocation), below, and all applicable requirements for like-for-like replacement structures in Chapter 22.256 (Disaster Recovery).

3.

If a damaged or destroyed structure had a previous front yard setback less than 20 feet, the like-for-like replacement structure may have the same front yard setback or a front yard setback that is larger than the previous front yard setback but less than 20 feet, provided the like-for-like replacement structure otherwise complies with the setback requirements in Subsection F (Minor Relocation), below, and all applicable requirements for like-for-like replacement structures in Chapter 22.256 (Disaster Recovery).

E.

Height. Notwithstanding Section 22.256.050.B (Like-for-Like Replacement), the maximum height of any like-for-like replacement structure shall be the height of the damaged or destroyed structure or the maximum height limit of this Title 22, whichever is greater, provided that the number of stories does not increase.

F.

Minor Relocation. Notwithstanding Section 22.256.050.E (Like-for-Like Replacements), minor relocation of a like-for-like replacement structure, including a like-for-like replacement accessory structure, shall be allowed. The like-for-like replacement structure may have setbacks that are larger than the damaged or destroyed structure's setbacks, provided the like-for-like replacement structure otherwise complies with all applicable requirements for like-for-like replacement structures in this Section and in Chapter 22.256 (Disaster Recovery).

G.

Oak Tree Permits. Notwithstanding Section 22.256.070 (Waiver of Certain Permit Requirements), a like-forlike replacement structure or a non-like-for-like replacement structure shall not be subject to Chapter 22.174 (Oak Tree Permits), if the replacement structure results in equal to or fewer impacts to the protected zone of a protected oak tree than the damaged or destroyed structure.

H.

Parking. Required parking for like-for-like rebuild projects and non-like-for-like rebuild projects associated with a residential use shall be as follows:

1.

Notwithstanding Section 22.112.070 (Required Parking Spaces), parking for a non-like-for-like rebuild project may be uncovered;

2.

Notwithstanding Section 22.256.050.E (Like-for-Like Replacements), parking for a like-for-like rebuild project may be uncovered; and

3.

If an accessory dwelling unit fully or partially overlaps with the footprint of a damaged or destroyed covered parking structure, no replacement parking is required.

I.

Standalone Accessory Dwelling Units. A household may temporarily occupy a standalone accessory dwelling unit while they wait for a like-for-like rebuild project or a non-like-for-like rebuild project to be constructed on the property until January 7, 2030, which is five years after the Board of Supervisors proclaimed the existence of a local emergency for the January 2025 Windstorm and Critical Fire Events.

J.

Yard Measurement. Required front, side, and rear yards shall be measured from the property boundary, unless such boundary is located within a public or private street or right-of-way providing access to one or more lots, in which case required yard areas shall be measured from the edge of the street or right-of-way closest to the interior of the lot.

(Ord. 2025-0043U § 1, 2025; Ord. 2025-0034U § 1, 2025.)

A.

Purpose. This Section allows the Director to approve applications for the following temporary uses with a Zoning Conformance Review, which is a ministerial Type I Review, pursuant to Chapter 22.226 (Type I Review — Ministerial), for an initial period of up to one year with one-year extensions up to one year each, subject to the requirements and limitations set forth herein:

1.

Pop-up events, pop-up restaurants and other eating establishments, and pop-up retail and commercial uses in parking lots and vacant lots that have been cleared of debris in Commercial and Industrial Zones. The use shall not be an adult business, as defined in Section 22.14.010, and may include alcoholic beverages sales for on-site and/or off-site consumption, if authorized by a valid California Department of Alcoholic Beverage Control license, and the outdoor display of any goods, equipment, merchandise, or exhibits. The use shall be sponsored by one of the following:

a.

A public agency, a nonprofit, or a religious, fraternal, educational, or service organization directly engaged in civic, charitable, or public service endeavors;

b.

A business currently operating in the area impacted by the Eaton Fire. The use can be on a parking lot on the same property where the business is located or on a parking lot or a vacant lot on a different property than where the business is located; and

c.

A business that operated in the area impacted by the Eaton Fire within the 12 months prior to January 7, 2025. The use can be on a parking lot or a vacant lot on the same property where the business previously operated, or on a parking lot or a vacant lot on a different property than where the business was located.

2.

Temporary uses necessary to facilitate rebuilding and disaster recovery, as determined by the Director, such as sawmills and construction equipment, machinery, and/or materials storage, on a property owned by a public agency or a public utility.

B.

Decision. When making a decision on the application in accordance with Section 22.226.040 (Decision), the Director may consider whether:

1.

Adequate parking, including bicycle facilities, will be available in the vicinity of the use;

2.

The proposed site is adequate in size and shape to accommodate the use without material detriment to the use and enjoyment of the property of other persons located in the vicinity of the site;

3.

The use will jeopardize, endanger, or otherwise constitute a menace to public health, safety, or general welfare;

4.

If the use is a pop-up event, a pop-up restaurant or other eating establishment, and/or a pop-up retail and commercial use, whether the sponsor has a history of noncompliance 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; and

5.

If the use is a temporary use necessary to facilitate rebuilding and disaster recovery, as determined by the Director, whether the use can operate without negative impacts on residential uses within a 300-foot radius of the property.

C.

Development and/or Performance Standards. If the Director approves the application, the Director may apply development and/or performance standards to the use, including, but not limited to, those in Sections 22.188.040.A (Short-Term Special Events Permit) and 22.140.030.I (Performance Standards for Deemed-Approved Uses), and those in a valid conditional use permit authorizing alcoholic beverages sales for on-site and/or off-site consumption that is associated with the business sponsoring the use.

D.

Inspections. If the Director approves the application, the Director may require inspections to be conducted to determine the permittee's compliance with the applicable development and/or performance standards included in the approval.

E.

Revocation. The Director may revoke an approval at any time, if the temporary use does not comply with the applicable development and/or performance standards included in the temporary approval, 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. The Director's decision shall be final and not subject to an appeal.

(Ord. 2025-0043U § 1, 2025; Ord. 2025-0034U § 1, 2025.)

22.258.050 - Disaster Recovery Permit.

The Disaster Recovery Permit is established to allow disaster rebuild projects, which can be a like-for-like rebuild project, a non-like-for-like rebuild project, or a standalone accessory dwelling unit.

A.

Like-for-Like Rebuild Project.

1.

Applicability. This Subsection A applies to an application for a like-for-like rebuild project.

2.

Application and Review Procedures.

a.

Application Checklist. The application submittal shall contain all of the applicable materials required by the Disaster Recovery Permit Checklist.

b.

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

i.

Section 22.226.030.A shall not apply because only one application shall be required;

ii.

Notwithstanding Section 22.226.030.C, the fee is established in Section 22.258.060 (Fees); and

iii.

Notwithstanding Section 22.226.080 (Expiration Date and Extension for Unused Permits and Reviews), an approved application shall be used by January 7, 2030, which is five years after the Board of Supervisors proclaimed the existence of a local emergency for the January 2025 Windstorm and Critical Fire Events. If an application requesting an extension is timely filed prior to such expiration date, the Director may, one time, extend the time limit for a period not to exceed one year.

B.

Non-Like-for-Like Rebuild Project, Ministerial Review.

1.

Applicability. This Subsection B applies to an application for a non-like-for-like rebuild project or a standalone accessory dwelling unit. The application shall be used for any of the following projects without a separate application, provided the Disaster Recovery Permit complies with the applicable provisions of this Title 22:

a.

A project that requires an administrative housing permit, in which case the application shall be reviewed in accordance with the applicable provisions of Chapter 22.166 (Housing Permits);

b.

A project that requires an Oak Tree Permit without a public hearing, pursuant to Section 22.174.040.D (Application Without a Public Hearing), in which case the application shall be reviewed in accordance with the applicable provisions of Chapter 22.174 (Oak Tree Permits); and

c.

A project that requires a ministerial Significant Ecological Area review, pursuant to Section 22.102.060 (Ministerial SEA Review), in which case the application shall be reviewed in accordance with the applicable provisions of Chapter 22.102 (Significant Ecological Areas).

Application and Review Procedures.

a.

Application Checklist. The application submittal shall contain all of the applicable materials required by the Disaster Recovery Permit Checklist.

b.

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

i.

Section 22.226.030.A shall not apply because only one application shall be required;

ii.

Notwithstanding Section 22.226.030.C, the fee is established in Section 22.258.060 (Fees); and

iii.

Notwithstanding Section 22.226.080 (Expiration Date and Extension for Unused Permits and Reviews), an approved application shall be used by January 7, 2030, which is five years after the Board of Supervisors proclaimed the existence of a local emergency for the January 2025 Windstorm and Critical Fire Events. If an application requesting an extension is timely filed prior to such expiration date, the Director may, one time, extend the time limit for a period not to exceed one year.

C.

Non-Like-for-Like Rebuild Project, Discretionary Review.

1.

Applicability. This Subsection C applies to an application for a non-like-for-like rebuild project that requires discretionary review, pursuant to this Title 22. When the non-like-for-like rebuild project requires applications for an animal permit, conditional use permit, conditional use permit, minor, oak tree permit with a public hearing, protected tree permit, variance, parking deviation, minor, discretionary housing permit, and/or a parking permit, separate applications shall not be required provided that the Disaster Recovery Permit complies with the applicable corresponding provisions of these permits in this Title 22.

2.

Procedure A.

a.

Applicability.

i.

Procedure A shall apply to the following applications:

(1)

An application that would otherwise require a parking deviation, minor;

(2)

An application that would otherwise require a yard modification;

(3)

An application that includes modifications to development standards in Chapter 22.110 (General Site Regulations);

(4)

An application that includes modifications to the development standards in Section 22.140.520 (Residential Design Standards);

(5)

An application that includes modifications to the development standards in Section 22.140.580 (SingleFamily Residences);

(6)

An application that includes modifications to the development standards in Section 22.320.070.A (West San Gabriel Valley Planning Area Standards District Zone-Specific Development Standards for Commercial and Mixed Use Zones);

(7)

An application that includes modifications to the development standards in Section 22.320.090 (Altadena Community Standards District); and

(8)

An application that includes modifications to front yard setbacks in Chapter 22.72 (Setback Districts).

ii.

Procedure A shall not be used to modify development standards that would conflict with any legal covenants, conditions, and restrictions for the property.

b.

Review Authority. The Review Authority shall be the Zoning Administrator, as referenced in California Government Code section 65900. The Director, as defined in Section 22.14.040 - D, shall serve as the Zoning Administrator, in accordance with the powers and duties provided in Section 22.220.050 (Director of Regional Planning).

c.

Application and Review Procedures.

i.

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

ii.

Review Procedures.

(1)

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

(2)

The fee is established in Section 22.258.060 (Fees), although other applicable fees in Chapter 22.250 (Applications, Petitions, and Fees), including, but not limited to, fees for appeals, e-recordation, environmental assessments, inspections, and rehearings, shall be required.

(3)

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

iii.

Noticing. Prior to taking action, the Director shall provide notice of application in compliance with Section 22.222.130 (Notice of Application), except where modified herein:

(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 sent and digitally posted. The end of the comment period shall be stated on the notice; and

(3)

Mailing. Notices shall be mailed or delivered in accordance with Section 22.222.150 (Mailing).

Notwithstanding Section 22.222.160.A (Notification Radius), the notices shall only be sent to owners of properties adjoining the exterior boundaries of the subject property, and if applicable, owners of properties across a street or alleyway from the exterior boundaries of the subject property noted on the application, as shown on the County's last equalized assessment roll. Notices shall also be:

(a)

Emailed to any available email addresses on file within the unincorporated Altadena or Kinneloa Mesa communities that, in the Director's judgment, may be affected by or be interested in such application;

(b)

Sent to any known active community-based group on file within the unincorporated Altadena or Kinneloa Mesa communities that, in the Director's judgment, may be affected by or be interested in such application; and

(c)

Posted on the following County websites: Planning.lacounty.gov and Recovery.lacounty.gov.

iv.

Findings and Decision.

(1)

Findings and decision shall be made in compliance with Section 22.222.200 (Findings and Decision), and notwithstanding anything to the contrary in this Title 22, include the findings in Section 22.160.050.B (Findings) for conditional use permits, minor, and any additional findings required by Title 22 for corresponding applications, pursuant to Subsection C.2.a.1 of this Section.

(2)

Findings for modifications to front yard setbacks within a Setback District shall be made in compliance with Section 22.320.090.F.4.a.

v.

Notice of Action. The Director shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action), except that, in accordance with Section 22.222.220.B (Delivery), notices shall also be:

(1)

Emailed to any available email addresses on file within the unincorporated Altadena or Kinneloa Mesa communities that, in the Director's judgment, may be affected by or be interested in such application.

(2)

Sent to any known active community-based group on file within the unincorporated Altadena or Kinneloa Mesa communities that, in the Director's judgment, may be affected by or be interested in such application.

(3)

Posted on the following County websites: Planning.lacounty.gov and Recovery.lacounty.gov.

vi.

Effective Date of Decision and Appeals.

(1)

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

(2)

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).

(3)

The decision on an appeal shall be made by a Hearing Officer, and the decision shall be final and effective on the date of decision.

vii.

Post-Decision Actions and Regulations.

(1)

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

(2)

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

(3)

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

(4)

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).

(5)

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

3.

Procedure B.

a.

Applicability. Procedure B shall apply to applications that would otherwise require an animal permit, a conditional use permit, minor, an oak tree permit with a public hearing, and/or a protected tree permit.

b.

Application and Review Procedures.

i.

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

ii.

Type II Review. The application shall be filed and processed in compliance with Chapter 22.228 (Type II Review ? Discretionary) with the following modifications:

(1)

Section 22.228.030.A shall not apply because only one application shall be required.

(2)

Notwithstanding Section 22.228.030.C, the fee is established in Section 22.258.060 (Fees), although other applicable fees in Chapter 22.250 (Applications, Petitions, and Fees), including, but not limited to, fees for appeals, County biologist review, e-recordation, environmental assessments, inspections, and rehearings, shall be required.

4.

Procedure C.

a.

Applicability. Procedure C shall apply to applications that would otherwise require a conditional use permit, a discretionary housing permit, a parking permit, and/or a variance.

b.

Application and Review Procedures.

i.

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

ii.

The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review — Discretionary) with the following modifications:

(1)

Section 22.230.030.A shall not apply because only one application shall be required; and

(2)

Notwithstanding Section 22.230.030.C, the fee is established in Section 22.258.060 (Fees), although other applicable fees in Chapter 22.250 (Applications, Petitions, and Fees), including, but not limited to, fees for appeals, County biologist review, e-recordation, environmental assessments, inspections, and rehearings, shall be required.

D.

Non-Like-for-Like Rebuild Project, Discretionary Review, Time Extension.

1.

Applicability. This Subsection D applies to an application requesting an extension of the time limit to use an approved Disaster Recovery Permit that was subject to discretionary review, as specified in the conditions of approval.

2.

Application and Review Procedures.

a.

If an application requesting an extension is timely filed prior to such expiration date, the Hearing Officer may, one time, extend the time limit for a period not to exceed one year.

b.

The fee is established in Section 22.258.060 (Fees).

E.

Rebuild Project, Amendment.

1.

Applicability. This Subsection E applies to an application requesting amendments to any approved Disaster Recovery Permit.

2.

Application and Review Procedures.

a.

Application Checklist. The application submittal shall contain all of the applicable materials required by the Disaster Recovery Permit Checklist.

b.

Type I Review. The application shall be filed and processed in compliance with Chapter 22.226 (Type I Review ? Ministerial) with the following modifications:

i.

Section 22.226.030.A shall not apply because only one application shall be required;

ii.

Notwithstanding Section 22.226.030.C, the fee is established in Section 22.258.060 (Fees); and

iii.

Notwithstanding Section 22.226.080 (Expiration Date and Extension for Unused Permits and Reviews), an approved application that amends a Disaster Recovery Permit that was subject to ministerial review shall be used by January 7, 2030, which is five years after the Board of Supervisors proclaimed the existence of a local emergency for the January 2025 Windstorm and Critical Fire Events. If an application requesting an extension is timely filed prior to such expiration date, the Director may, one time, extend the time limit for a period not to exceed one year. If an approved application amends a Disaster Recovery Permit that was subject to discretionary review, it shall be used within the timeframe specified in the conditions of approval.

c.

Criteria for Amendment. If the Disaster Recovery Permit was subject to discretionary review, the Director may approve the amendments, if they meet the criteria below. If they do not meet the criteria below, an application for a new Disaster Recovery Permit shall be required:

i.

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

ii.

Comply with all existing conditions of approval; and

iii.

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

(Ord. 2025-0043U § 1, 2025; Ord. 2025-0034U § 1, 2025.)

A.

For the purpose of defraying the expense involved with any application or petition required or authorized by Section 22.258.050 (Disaster Recovery Permit), the following fees, as provided in Table 22.258.060-A,

below, shall accompany the application or petition. Table 22.258.060-A may be referred to as the Disaster Recovery Permit Filing Fee Schedule.

B.

Annual Fee Review. The fees in this Section shall be reviewed annually by the Auditor-Controller. Beginning on January 1, 2026, and thereafter on each succeeding January 1, the amount of each fee in this Section shall be adjusted as follows: calculate the percentage movement in the consumer price index for Los Angeles during the preceding January through December period, adjust each fee by said percentage amount and round off to the nearest dollar. However, no adjustment shall decrease any fee, and no fee shall exceed the reasonable cost of providing services.

(Ord. 2025-0043U § 1, 2025; Ord. 2025-0034U § 1, 2025.)

This Chapter applies to parcels located in the unincorporated areas affected by the Eaton Fire, as identified on the Eaton Fire Burn Area map, below.

==> picture [360 x 274] intentionally omitted <==

(Ord. 2025-0043U § 1, 2025; Ord. 2025-0034U § 1, 2025.)

Chapter 22.260 - PROCEDURAL ORDINANCE FOR FINANCING OF PUBLIC FACILITIES

A.

This Chapter implements, in part, the County General Plan, which provides guidelines for future development in areas depicted within urban expansion or nonurban categories on the General Development Policy Map.

B.

The General Plan recommends a development qualification procedure, in part, to ensure that proposed new projects in areas designated in the General Plan as urban expansion or nonurban will not create substantial net costs on County government, special districts, and existing taxpayers.

C.

This Chapter is intended to establish procedures for the implementation of the General Plan by providing for the designation of lands which will receive special benefits from the acquisition, construction, and improvement of certain public facilities set forth in this Chapter, and the imposition of special assessments on land related to benefits received.

(Ord. 2022-0008 § 142, 2022.)

22.260.020 - Areas of Benefit Authorized.

In order that the burden of the cost of constructing public facilities may be borne by all of the lands benefited thereby, areas of benefit may be designated and facilities benefits assessments, as defined in Section 22.260.030 (Definitions), chargeable to and against such lands may be imposed in accordance with procedures set forth in this Chapter.

(Ord. 2022-0008 § 142, 2022.)

Specific terms used in this Chapter are defined in Section 22.14.160(P) of Division 2 (Definitions), under "Procedural Ordinance for Financing of Public Facilities."

(Ord. 2022-0008 § 142, 2022.)

Upon the receipt of an application by a landowner or his designated agent, or on its own motion, the Board may initiate proceedings for the designation of an area of benefit by adopting a resolution stating its intention to do so. The Board shall refer the proposed public facilities project to the Director of Public Works and shall instruct the Director of Public Works, with the assistance of the Director of Regional Planning and, where appropriate, interested landowners, to make and file with the Board a written report. The report shall contain:

A.

One or both of the following:

1.

An implementation program for future development; or

2.

A financing plan with respect to the proposed public facilities project.

B.

General description of the proposed public facilities project.

C.

An estimate of the total cost of the public facilities project based on the projected time for commencement and completion thereof in accordance with the capital improvement program.

D.

A capital improvement program establishing a schedule for the timing of construction of the public facilities project and the estimated cost for the project.

E.

A map showing the area of benefit to be designated and the boundaries and dimensions of the subdivision of land within the area of benefit.

F.

Preliminary information concerning the method pursuant to which the costs are proposed to be apportioned among the lots within the area of benefit in proportion to the estimated benefits to be received by those lots and a preliminary estimate of the amount of the facilities benefit assessments which will be charged to each such lots.

G.

The amount of the contribution or advance, if any, which the County or other public entity will make toward the total cost of the public facilities project.

(Ord. 2022-0008 § 142, 2022.)

Upon receipt of the report described in Section 22.260.040 (Initiation of Proceedings), the Board may declare its intention to designate an area of benefit by adopting a resolution of intention which shall include the following:

A.

A definitive description of the specific public facilities project, the cost of which is proposed to be charged to the properties located within the area of benefit.

B.

A capital improvement program with respect to the public facilities project.

C.

The proposed boundaries of the area of benefit.

D.

Information concerning the method by which the costs are proposed to be apportioned among the lots within the area of benefit and an estimate of the amount of the facilities benefit assessments which will be charged to each such lot.

E.

The basis and methodology by which automatic annual increases in the facilities benefit assessment will be computed, assessed, and levied, without the necessity for further proceeding pursuant to Section 22.260.130 (Annual Adjustment of Facilities Benefit Assessment), if, in the discretion of the Board such automatic annual increases are determined to be necessary.

F.

The amount of the contribution or advance, if any, which the County or other public entity will make toward the total cost.

G.

The time and place at which the Board will hold a public hearing to consider designation of the area of benefit.

(Ord. 2022-0008 § 142, 2022.)

Notice of the public hearing shall be provided by publishing the Resolution of Intention in a newspaper of general circulation at least 14 days before the date set for the public hearing and by mailing copies of the Resolution of Intention to the owners of the affected properties located within the proposed area of benefit at the addresses shown on the latest equalized assessment roll, or as otherwise known to the Assessor, or by any other means which the Board finds reasonably calculated to appraise affected landowners of the public hearing.

(Ord. 2022-0008 § 142, 2022.)

At any time not later than the close of the public hearing, any owner of property within the proposed area of benefit may file a written protest against the public facilities project proposed to be undertaken, the extent of the area to be benefited by it, the facilities benefit assessments proposed to be levied within the area of benefit, or any or all of the foregoing. The protest shall be in writing, signed by the protester, and shall contain a description of the property in which the signer is interested. The description shall be sufficient to clearly identify the property. If the signer is not shown on the last equalized assessment roll as the owner of that property, the protest shall contain or be accompanied by written evidence that the signer is the owner of the property. All such protests shall be delivered to the Board and no other protests or objections shall be considered. Any protests may be withdrawn by the owners requesting the same, in writing, at any time prior to the conclusion of the public hearing.

(Ord. 2022-0008 § 142, 2022.)

At the time and place established in the resolution of intention, the Board shall hear and consider protests filed against the proposed public facilities project, the extent of the area of benefit, the amount of the facilities benefit assessments proposed to be levied within the area of benefit, or any or all of the foregoing. The public hearing may be continued from time to time. A majority protest is established when timely written protests have been filed by the owners of more than one-half of the area of the property proposed to be included within the area of benefit. If sufficient protests are not withdrawn, so as to reduce the area represented to less than one-half, then the proposed proceedings shall be abandoned unless the protests are overruled by an affirmative vote of four-fifths of the members of the Board. The Board shall not overrule a majority protest unless it finds that the public health, safety, or general welfare require that provision be made for the installation of the proposed public facilities project. In the event a majority protest is not

withdrawn or overruled, the Board shall not, for one year from the filing of that written protest, commence, or carry on any proceedings for the same public facilities project under the provisions of this Chapter. If any majority protest, which is not withdrawn or overruled, is directed against only a portion of the public facilities project, then all further proceedings under the provisions of this Chapter to construct that portion of the public facilities project shall be barred for a period of one year; but the Board shall not be barred from commencing new proceedings for any part of the public facilities project which has not been barred.

(Ord. 2022-0008 § 142, 2022.)

At the conclusion of the public hearing, and provided there is no majority protest or a majority protest is overruled, the Board may adopt a resolution ordering designation of the area of benefit and the establishment of the amount of the facilities benefit assessment against each lot within the area of benefit. The resolution shall include the following:

A.

A definitive description of the public facilities project, the cost of which is to be charged to the properties located within the area of benefit.

B.

A capital improvement program with respect to the public facilities project.

C.

The boundaries of the area of benefit.

D.

The method by which the costs are to be apportioned among the lots within the area of benefit and the amount of the facilities benefit assessments which will be charged to each such lot.

E.

The basis and methodology by which automatic annual increases in the facilities benefit assessment will be computed, assessed, and levied, without the necessity for further proceeding pursuant to Section 22.260.130 (Annual Adjustment of Facilities Benefit Assessment), if, in discretion of the Board, such automatic annual increases are determined to be necessary.

F.

The amount of the contribution or advance, if any, which the County or other public entity will make toward the total cost.

(Ord. 2022-0008 § 142, 2022.)

22.260.100 - Filing of Map and Recording of Notice of Assessment as Lien.

A.

After the adoption by the Board of a resolution of designation, the Director of Public Works shall prepare a map of the boundaries of the area of benefit based on said resolution and shall file same with the Board. The Director of Public Works shall also file a copy of the map referred to in this Section with the RegistrarRecorder/County Clerk.

B.

After recording the assessment and map, the Director of Public Works shall execute and record a notice of assessment with the Registrar-Recorder/County Clerk.

C.

From the date of the recording of the notice of assessment in accordance with the provisions of Subsection B, above, all persons shall be deemed to have notice of the contents of such assessment. Immediately upon such recording with the Registrar-Recorder/County Clerk each of the assessments shall be a lien upon the property against which it is made.

D.

In its discretion, and for good cause shown, the Board may, upon terms and conditions prescribed by the Board in its resolution or thereafter, allow the lien of the facilities benefit assessment to become subordinate to the lien of deeds of trust executed by landowners to secure loans to finance the construction of improvements on the property within the area of benefit.

E.

The Director of Public Works shall file a copy of the map and notice of assessment referred to in this Section with the Assessor.

(Ord. 2022-0008 § 142, 2022.)

After the adoption by the Board of its resolution, no building permits shall be issued for development on any land included within the area of benefit unless and until the facilities benefit assessments established by the resolution of designation for such lands have been paid. The facilities benefit assessment shall be paid by the landowner upon the issuance of building permits for development or at such time as the capital improvement program for the area of benefit in which the assessed land is located calls for the commencement of construction of the public facilities project. In the event that a landowner desires to proceed with development of a portion of the landowner's property, based on a phased development program, which is subject to a lien for the total amount of facilities benefit assessments as provided in this Chapter, the landowner may obtain building permits for the development phase after paying a portion of the facilities benefit assessments and making provision for payment of the remainder of the facilities benefit assessments to the satisfaction of the Director of Public Works. Money received by the County as payment of the facilities benefit assessments shall be deposited in a special fund established for the area of benefit and shall thereafter be expended solely for the purposes for which it was assessed and levied. Upon

payment of the facilities benefit assessment as provided in this Chapter, the lien which attaches pursuant to Section 22.260.100 (Filing of Map and Recording of Notice of Assessment as Lien) shall be discharged. In the event partial payment is made based on a phased construction program, the County shall release the portion of the property for which building permits have been issued from the lien of the facilities benefit assessment.

(Ord. 2022-0008 § 142, 2022.)

Where there is a delinquency in payment of the facilities benefit assessments as required by Section 22.260.110 (Payment of Benefit Assessments), the County may initiate foreclosure proceedings in accordance with the procedures set forth in this Chapter and in any and all applicable State and local laws. If a sale or foreclosure is commenced, notice of the pendency of such sale or foreclosure shall be recorded with the Registrar-Recorder/County Clerk not later than 10 days after commencing an action or proceeding in any court to foreclose the lien of such assessment. The notice of pendency shall state that the County has commenced a sale or foreclosure, as applicable, and shall refer to and identify such sale or foreclosure and shall describe the property affected thereby. The County shall be entitled to recover the cost of recordation of any such notice of pendency in any sale or foreclosure resulting from such delinquency, and provisions shall be made in any notice, order or judgment authorizing or providing for such sale or foreclosure.

(Ord. 2022-0008 § 142, 2022.)

The Board may, annually after the adoption of the resolution of designation and subject to the requirements set forth in Sections 22.260.040 (Initiation of Proceedings) through 22.260.100 (Filing of Map and Recording of Notice of Assessment as Lien) cause an adjustment to be made in the facilities benefit assessments established by the resolution. The adjustments may reflect increases or decreases in the actual cost of the public facilities project, or if the public facilities project has not yet been constructed, the estimated cost of the proposed capital improvements, which reflect changes in the scope of the public facilities project or any other indices as the Board may deem appropriate for this purpose. The modifications may also reflect changes in the improvements proposed to be constructed as well as the availability, or lack thereof of other funds with which to construct the capital improvements.

(Ord. 2022-0008 § 142, 2022.)

A.

Notwithstanding any contrary provisions of Section 22.260.100 (Filing of Map and Recording of Notice of Assessment as Lien), upon application by the landowner or his authorized agent, the Board may accept consideration in lieu of the facilities benefit assessments required pursuant to this Chapter, provided the Board, upon recommendation of the Director of Public Works, finds that the substitute consideration proposed:

1.

Has a value equal to or greater than such facilities benefit assessments;

2.

Is in a form acceptable to the Board; and

3.

Is within the scope of the public facilities project.

B.

The Board may accept consideration in lieu of the facilities benefit assessments required pursuant to this Chapter where the Board finds that the substitute consideration proposed is less than the value of such facilities benefit assessment after payment of an amount equal to the difference between the value of the substitute consideration as determined by the Board and the amount of such facilities benefit assessments.

(Ord. 2022-0008 § 142, 2022.)

Upon the receipt of an application by a landowner or his designated agent, or on its own motion, the Board may initiate proceedings for the termination of an area of benefit by adopting a resolution stating its intention. The resolution of intention shall state the time and place at which the Board will hold a public hearing to consider such termination. If, at the conclusion of such hearing, the Board finds and determines that the public facilities project for which the area was originally formed will not be required in the reasonably foreseeable future, or that the installation of said public facilities project may be financed more effectively by another method, the Board may adopt a resolution declaring the area of benefit terminated.

(Ord. 2022-0008 § 142, 2022.)

A.

In the event of an annual adjustment of assessment as provided by Section 22.260.130 (Annual Adjustment of Facilities Benefit Assessment), which reduces the facilities benefit assessment, amounts in the special fund which are no longer required shall be refundable to the current owners of the property as shown on the last equalized assessment roll in proportion to the amount of the original payments.

B.

In the event the Board agrees to accept consideration in lieu of facilities benefit assessments, as provided by Section 22.260.140 (Consideration in Lieu of Assessment), the Board may enter into an agreement with a developer pursuant to which said developer may be reimbursed for the amount of the otherwise applicable facilities benefit assessments. The agreement shall set forth the amount to be reimbursed, and the time and manner in which payments shall be made only from revenues paid into the special fund created for the area of benefit.

C.

Upon termination of an area of benefit as provided by Section 22.260.150 (Termination of Area of Benefit), any money remaining in the special fund established in connection therewith shall be refunded to the current owners of the property as shown on the last equalized assessment roll in proportion to the amount of the original payments.

(Ord. 2022-0008 § 142, 2022.)

This Chapter is intended to establish an alternative method for spreading the costs of certain public improvements against the lands which will be benefited thereby; and the provisions of this Chapter shall not be construed to limit the power of the Board to utilize any other method for accomplishing this purpose but shall be in addition to any other requirements which the Board is authorized to impose as a condition to approving new development pursuant to State and local laws.

(Ord. 2022-0008 § 142, 2022.)

Chapter 22.262 - MAJOR PROJECTS REVIEW TRUST FUNDS

Specific terms used in this Chapter are defined in Section 22.14.130(M) of Division 2 (Definitions), under "Major Project Review Trust Funds."

(Ord. 2022-0008 § 143, 2022.)

A.

There are hereby authorized within the treasury of the County special trust funds to be known as the "Major Projects Review Trust Funds."

B.

Each fund shall be used to provide additional human and physical resources to the County solely to process discretionary land use actions and to prepare and review associated environmental documents for major projects proposed in the County.

(Ord. 2022-0008 § 143, 2022.)

A.

Each fund shall be administered by the Department to provide for necessary staffing, expense, and equipment for the aforesaid purposes only, and in accordance with established County practices.

B.

Each fund shall be interest bearing, and a separate fund shall be established for each major project.

C.

All amounts received from a project applicant under a supplemental service agreement, as defined in Section 22.262.040 (Supplemental Fee Agreement), shall be placed in the fund established for that major project. Notwithstanding any other ordinances to the contrary, when a project applicant enters into a supplemental service agreement with the County, any fees paid by that applicant related to processing the discretionary land use actions shall be placed within the fund and not in the general fund. Funds from any appropriation to the fund approved by the Board shall be placed in the fund.

D.

The Department shall be responsible for maintaining the accounting records relating to each fund.

E.

The Board declares its intention to authorize positions necessary to carry out the work programs provided for in each supplemental service agreement for the fiscal year, which positions and related expenses will be funded from the fund. The Chief Executive Officer may authorize interim staffing during the fiscal year when needed to provide for necessary adjustments in personnel during any quarterly period.

F.

The County services authorized by this Chapter shall be paid for at rates sufficient to provide for the full recovery of the costs to the County of providing the services, and the rates shall be reviewed and approved by the Auditor-Controller.

(Ord. 2022-0008 § 143, 2022.)

A.

Any supplemental service agreement entered into pursuant to this Chapter shall be negotiated by the Department and executed by the Chief Executive Officer.

B.

The agreement shall include, but need not be limited to, substantially the following provisions:

1.

The County and the applicant, hereinafter referred to as the "parties," shall agree upon the processing services which will be required to process the discretionary land use actions, including environmental reviews, and the personnel, estimated time, and physical resources which the County will need to accomplish those processing services.

2.

The parties shall agree on the number and type of employees that the County shall assign to perform the processing services with the understanding that one or more employees may be utilized to perform any designated tasks and that the County may replace any employee that is assigned to perform a processing service at any time.

3.

The costs which are to be funded shall consist of the actual costs to the County which include, but are not limited to: wages, other benefits, and overhead, which are incurred in connection with the employees assigned to perform the processing services for the major project, the direct costs of material and equipment required to furnish the processing services, the reasonable out-of-pocket expenses incurred by any employee assigned to furnish the processing services, and the costs of hiring outside consultants necessary to provide the County with special expertise.

4.

The applicant shall deposit funds into a fund for that major project on a quarterly basis in an amount estimated to pay for the costs of providing the processing services for the following quarterly period.

5.

The parties shall meet quarterly during the term of the agreement to review the amount of funds remaining in the fund and to review, reevaluate and negotiate in good faith the number and type of employees necessary to accomplish the processing services for the next quarterly period and the estimated costs for the services.

6.

The Department shall promptly advise the applicant if, at any time during the quarterly period, the Department believes that the costs of accomplishing the processing services for the quarterly period will exceed the previous estimate.

7.

The parties shall agree to a procedure for deposit of additional funds if the existing funds are not adequate to pay for the agreed upon services for the quarterly period.

8.

The involved County departments shall maintain appropriate records of their actual costs of the processing services.

9.

Entering into the agreement is voluntary.

The agreement shall not control, limit, or influence any County approval, disapproval, or condition of any discretionary land use action or associated environmental document. The County has the sole discretion to direct the work of any County employee or consultant retained to evaluate, or to assist with the preparation of, any discretionary land use action or associated environmental document. The cooperation of any such employee or consultant shall be exclusively determined by the County and shall not be dependent upon the approval by the County of any discretionary land use action. The agreement is not contingent upon the hiring of any specific employee or the retention of any specific consultant.

(Ord. 2022-0008 § 143, 2022.)

Chapter 22.264 - LIBRARY FACILITIES MITIGATION FEE

The purpose of this Chapter is to:

A.

Implement goals and policies of the General Plan, which:

1.

Promote an equitable distribution of the costs and benefits of governmental actions;

2.

Promote a distribution of population consistent with service system capacity and resource availability;

3.

Seek to maintain a balance between increased intensity of development and the capacity of needed public facilities; and

4.

Give priority to upgrading existing public facilities in areas lacking adequate facilities;

B.

Mitigate any significant adverse impacts of increased residential development upon public library facilities as required by the CEQA; and

C.

Implement the Mitigation Fee Act (section 66000 et seq. of the California Government Code).

(Ord. 2022-0008 § 144, 2022.)

Specific terms used in this Chapter are defined in Section 22.14.120(L) of Division 2 (Definitions), under "Library Facilities Mitigation Fee."

(Ord. 2022-0008 § 144, 2022.)

A.

The provisions of this Chapter shall apply only to residential development projects which, as of the effective date of the ordinance codified in this Chapter*, are yet to receive final discretionary approval and the issuance of a building permit, or other development right, and to any new residential use of existing buildings, which has not yet commenced as of said effective date.

B.

No tract map, parcel map, Conditional Use Permit, other land use permit, or other entitlement, shall be approved unless payment of the library facilities mitigation fee is made a condition of approval for any such entitlement.

(Ord. 2022-0008 § 144, 2022.)

22.264.040 - Exemptions from Fee.

The following shall be exempt from the provisions of this Chapter:

A.

Individual single-family residences, where not more than one such residence is proposed to be built by the same person or entity on contiguous lots; or

B.

Additions or modifications to existing residential units, provided that such additions or modifications do not increase the number of families that can be housed in such residential units.

(Ord. 2022-0008 § 144, 2022.)

A.

There is hereby established a library facilities mitigation fee. The amount of the fee to be imposed on a residential development project is based upon the findings and conclusions of the County Librarian, as set forth in the "Report on Proposed Developer Fee Program for Library Facilities—Prepared by the County of Los Angeles Public Library, October 1998," and shall not exceed the estimated reasonable cost of providing library facilities for such residential development project.

B.

The library facilities mitigation fee shall be a uniform fee within each library planning area, based on the estimated cost of providing the projected library facility needs in each library planning area, as identified in Table 22.264.050-A, below:

(Ord. 2022-0008 § 144, 2022.)

Editor's note— Fee changes in this Chapter include changes made by the County Librarian due to increases in the Consumer Price Index and are effective July 1, 2026.

Footnotes:

--- ( 15 ) ---

Editor's note— Ordinance 98-0068, which enacts Chapter 22.264 (Ch. 22.72 at that time), is effective December 26, 1998.

A.

The amount of the fee established by Section 22.264.050 (Establishment of Library Facilities Mitigation Fee) shall be reviewed annually by the County Librarian, in consultation with the Auditor-Controller. On July 1st of each year, the fee in each library planning area shall be adjusted as follows: calculate the percentage movement between April 1st of the previous year and March 31st of the current year in the Consumer Price Index (CPI) for all urban consumers in the Los Angeles, Anaheim, and Riverside areas, as published by the United States Government Bureau of Labor Statistics; adjust the fee in each library planning area by said percentage amount; and round to the nearest dollar. No adjustment shall increase or decrease the fee to an amount more or less than the amount necessary to recover the cost of providing the applicable library facilities.

B.

If it is determined that the reasonable amount necessary to recover the cost of providing the library facilities exceeds the fee as adjusted by Subsection A, above, the County Librarian shall present an alternative fee proposal to the Board for consideration. Such proposal may reflect increases or decreases in the actual cost of library facilities projects or, if such projects have not been completed, then the estimated cost of the proposed library facilities. The proposal may also reflect changes in the library facilities proposed as well as the availability or lack of other funds with which to provide such facilities.

C.

The County Librarian shall also present an alternative fee proposal to the Board for approval, as may be necessary, to ensure that the library facilities mitigation fee is a fair and equitable method of distributing the costs of the library facilities necessary to accommodate the library needs generated by the development of land in the unincorporated areas of the County which will increase library needs and usage.

(Ord. 2022-0008 § 144, 2022.)

A.

No building or similar permit for residential use shall be issued and no new residential use of an existing building shall occur until the applicant has paid the applicable library facilities mitigation fee to the County Librarian. In the event that an applicant desires to proceed with development of a portion of the residential development project, the applicant may obtain building permits for that portion of the project after paying a proportional share of the total applicable library facilities mitigation fee for the project, to the satisfaction of the County Librarian.

B.

The provisions of Subsection A, above, shall apply to payment of the library facilities mitigation fee for a residential development project if the fee will reimburse the County for expenditures already made, or if the County has previously adopted a capital improvement plan, or proposed construction schedule, and has established an account and appropriated funds for the library facilities to be financed by the fee. In all other cases, notwithstanding the provisions of Subsection A, above, payment of the fee for a residential development project shall not be required prior to the date of the final inspection or the date the certificate of occupancy is issued for the first dwelling in the development, whichever occurs first. In such cases, execution of an agreement to pay the required fee, or applicable portion thereof, within the time specified herein, shall be a condition of issuance of the applicable building or similar permit. Such agreement shall constitute a lien for the payment of the fee and shall be enforceable as provided in section 66007 of the California Government Code.

(Ord. 2022-0008 § 144, 2022.)

All library facilities mitigation fees received by the County shall be deposited in a special library capital facilities fund and expended solely for the purposes for which the fee was collected. A separate library capital facilities fund account shall be established for each of the seven library planning areas. All interest

income earned shall be credited to each account and shall be used solely for the purposes for which the fee was collected.

(Ord. 2022-0008 § 144, 2022.)

A.

The County Librarian may accept substitute consideration in lieu of the library facilities mitigation fee required pursuant to this Chapter, provided the County Librarian finds that the proposed substitute consideration:

1.

Has a value equal to or greater than the applicable library facilities mitigation fee otherwise due;

2.

Is in a form acceptable to the County Librarian; and

3.

Is within the scope of the applicable library facilities project.

B.

The County Librarian may accept substitute consideration in lieu of a portion of the library facilities mitigation fee, required pursuant to this Chapter, where the County Librarian finds that the substitute consideration proposed is less than the value of the required fee but is in a form acceptable to the County Librarian and is within the scope of the applicable library facilities project. Such substitute consideration may be accepted by the County Librarian only after payment of an amount equal to the difference between the value of the substitute consideration, as solely determined by the County Librarian, and the amount of the otherwise required fee.

(Ord. 2022-0008 § 144, 2022.)

The provisions of Section 22.264.090 (Consideration in Lieu of Fee) shall not prevent the execution of a reimbursement agreement between the County and a developer for that portion of the cost of library facilities paid by the developer which exceeds the need for the library facilities attributable to and reasonably related to the development.

(Ord. 2022-0008 § 144, 2022.)

This Chapter is intended to establish an alternative method for the financing of public library facilities, the need for which is generated directly or indirectly by a residential development project or projects. The

provisions of this Chapter shall not be construed to limit the power of the County to utilize any other method for accomplishing this purpose, but shall be in addition to any other fees or requirements which the Board is authorized to impose as a condition to approving new development pursuant to State and local laws.

(Ord. 2022-0008 § 144, 2022.)

Chapter 22.266 - LAW ENFORCEMENT FACILITIES FEE

The purpose of this Chapter is to:

A.

Implement goals and policies of the General Plan with respect to the unincorporated urban expansion areas of Santa Clarita, Newhall, and Gorman, which:

1.

Promote an equitable distribution of the costs and benefits of governmental actions;

2.

Promote a distribution of population consistent with service system capacity and resource availability;

3.

Seek to maintain a balance between increased intensity of development and the capacity of needed public facilities; and

4.

Give priority to upgrading existing public facilities in areas lacking adequate facilities;

B.

Mitigate adverse impacts due to the inadequacy of law enforcement facilities that might otherwise occur due to new development; and

C.

Comply with the procedures for adoption of developer fees contained in the Mitigation Fee Act in section 66000 et seq. of the California Government Code.

(Ord. 2022-0008 § 145, 2022.)

Specific terms used in this Chapter are defined in Section 22.14.120(L) of Division 2 (Definitions), under "Law Enforcement Facilities Fee."

(Ord. 2022-0008 § 145, 2022.)

A.

The provisions of this Chapter shall apply to new development projects which, as of August 23, 2008, the effective date of the ordinance establishing this Chapter are yet to receive final discretionary approval and/or the issuance of a building permit or other development right. The fees provided in this Chapter shall also be imposed upon a previously improved lot when a building permit is issued to add 1,000 square feet, or more, to an existing building unit upon such lot.

B.

No tract map, parcel map, discretionary permit, building permit, other land use permit, or other entitlement, for a new development project as defined in this Chapter, shall be approved unless payment of the law enforcement facilities mitigation fee is made a condition of approval for any such entitlement.

C.

Additionally, the fees provided for in this Chapter shall be imposed upon a lot, which has been previously improved with a building unit, whenever a building permit is issued for a new building unit on an adjoining lot under common ownership and which new unit constitutes, in effect, an addition of 1,000 square feet, or more, when constructed, or an expansion of use of the previously improved lot. Such fee shall be calculated upon the total square footage of new construction and paid by every person or entity for which a building permit is issued.

(Ord. 2022-0008 § 145, 2022.)

The following shall be exempt from the provisions of this Chapter:

A.

Notwithstanding the provisions of Section 22.266.030.A, additions to residential structures that are less than 2,000 square feet in size shall not be subject to the fees otherwise required by this Chapter.

B.

No fee imposed by this Chapter shall be imposed upon the issuance of building permit for the restoration of existing buildings, or buildings damaged by fire, or natural disasters such as earthquake, wind, or flood, where the replaced building, or portion thereof, does not exceed the original gross floor area. For purposes of this Section, "gross floor area" shall be determined by the Director of Public Works, or the Director of Public Works' designee, and excludes accessory structures such as decks, patios, barns, sheds, and kiosks.

(Ord. 2022-0008 § 145, 2022.)

A.

This Chapter establishes a law enforcement facilities mitigation fee. The amount of the fee to be imposed on a new residential, commercial, office, and/or industrial development project is based upon the findings and conclusions set forth in the "Santa Clarita-North Los Angeles County Law Enforcement Facilities Fee Study, October 29, 2007," and shall not exceed the estimated reasonable cost of providing law enforcement facilities for such residential, commercial, office, and/or industrial development projects.

B.

The law enforcement facilities mitigation fee shall be a uniform fee within each law enforcement facilities fee zone, based on the estimated cost of providing the projected law enforcement facility needs in each such zone, as identified in Table 22.266.050-A, below:

(Ord. 2022-0008 § 145, 2022.)

A.

The amount of the fees established by Section 22.266.050 (Establishment of Law Enforcement Facilities Mitigation Fee) shall be reviewed annually by the Sheriff, in consultation with the Auditor-Controller. On July 1st of each year, the fee in each law enforcement facilities fee zone shall be adjusted as follows: calculate the percentage movement between April 1st of the previous year and March 31st of the current year in the Engineering Record-News Building Construction Cost Index-Los Angeles (ENR-BCCI); adjust the fee in each law enforcement facilities fee zone by said percentage amount; and round to the nearest dollar. No adjustment shall result in a fee that is greater than the amount necessary to recover the cost of providing the applicable law enforcement facilities.

B.

If it is determined that the reasonable amount necessary to recover the cost of providing the law enforcement facilities exceeds the fee as adjusted by Subsection A, above, the Sheriff shall present an alternative fee proposal to the Board for consideration. Such alternative fee proposal may reflect changes in the actual cost of completed law enforcement facilities projects or, if such projects have not been completed, then the estimated cost of the proposed law enforcement facilities. The proposal may also reflect changes in the law enforcement facilities proposed, as well as the availability or lack of other funds with which to provide such facilities.

C.

The Sheriff may also present an alternative fee proposal to the Board for approval, as may be necessary, to ensure that the law enforcement facilities mitigation fee is a fair and equitable method of distributing the costs of the law enforcement facilities necessary to accommodate the law enforcement needs generated by the development of land in the unincorporated areas of north Los Angeles County.

(Ord. 2022-0008 § 145, 2022.)

A.

No building or similar permit for any new development project, as defined in this Chapter, shall be issued until the applicant has paid the applicable law enforcement facilities mitigation fee to the Sheriff. In the

event that an applicant desires to proceed only with development of a portion of the development project, the applicant may obtain building permits for that portion of the project, after paying a proportional share of the total law enforcement facilities mitigation fee for the project to the satisfaction of the Sheriff.

B.

Notwithstanding the provisions of Subsection A, above, payment of the law enforcement facilities mitigation fee for a single-family or multi-family development project shall not be required prior to the date of the final inspection or the date the certificate of occupancy is issued for the first unit in the development, whichever occurs first, unless the County has previously adopted a capital improvement plan or proposed construction schedule and has established an account and appropriated funds for the law enforcement facilities to be financed by the fee, or unless the fee is intended to reimburse the County for expenditures already made. Additionally, notwithstanding the provisions of Subsection A, above, payment of the law enforcement facilities mitigation fee for projects for occupancy by lower income households, meeting the criteria set forth in section 66007(b)(2)(A) of the California Government Code, shall not be required prior to the date of the final inspection, or the date the certificate of occupancy is issued for the first unit in the development, whichever occurs first. Where payment of the fees may only be collected on the date of final inspection or the date the certificate of occupancy is issued, as provided in this Section, execution of an agreement to pay the required fee or applicable portion thereof, within the time specified herein, shall be a condition of issuance of the applicable building or similar permit. Such agreement shall constitute a lien for the payment of the fee and shall be enforceable as provided in section 66007 of the California Government Code.

(Ord. 2022-0008 § 145, 2022.)

All law enforcement facilities mitigation fees received by the County shall be deposited in a special law enforcement capital facilities fund and expended solely for the purposes for which the fee was collected. A separate law enforcement capital facilities fund account shall be established for each of the three law enforcement facilities fee zones. All funds from the imposition of fees provided herein shall be deposited into such accounts to be used exclusively for the purpose of land acquisition, engineering, construction, installation, purchasing, or any other direct cost of providing law enforcement facilities, as defined in Section 22.266.020 (Definitions), and for no other purpose. All interest income earned shall be credited to each account, and shall be used solely for the purposes for which the fee was collected.

(Ord. 2022-0008 § 145, 2022.)

A.

The Sheriff may accept substitute consideration in lieu of the law enforcement facilities mitigation fee required pursuant to this Chapter, provided the Sheriff finds that the proposed substitute consideration:

1.

Has a value equal to or greater than the applicable law enforcement facilities mitigation fee otherwise due;

Is in a form acceptable to the Sheriff; and

3.

Is within the scope of the applicable law enforcement facilities project.

B.

The Sheriff may accept substitute consideration in lieu of a portion of the law enforcement facilities mitigation fee required pursuant to this Chapter where the Sheriff finds that the substitute consideration proposed is less than the value of the required fee but is in a form acceptable to the Sheriff and is within the scope of the applicable law enforcement facilities project. Such substitute consideration may be accepted by the Sheriff only after payment of an amount equal to the difference between the value of the substitute consideration, as solely determined by the Sheriff, and the amount of the otherwise required fee.

(Ord. 2022-0008 § 145, 2022.)

The provisions of Section 22.266.090 (Consideration in Lieu of Fee) shall not prevent the execution of a reimbursement agreement between the County and a developer for that portion of the cost of law enforcement facilities paid by the developer which exceeds the need for the law enforcement facilities attributable to and reasonably related to the development.

(Ord. 2022-0008 § 145, 2022.)

This Chapter is intended to establish an alternative method for the financing of public law enforcement facilities, the need for which is generated directly, or indirectly, by new development projects. The provisions of this Chapter shall not be construed to limit the power of the County to utilize any other method for accomplishing this purpose, but shall be in addition to any other fees, or requirements which the Board is authorized to impose as a condition to approving new development pursuant to State and local laws.

(Ord. 2022-0008 § 145, 2022.)

Chapter 22.268 - AFFORDABLE HOUSING REPLACEMENT FEE

This Section applies to projects eligible to pay an affordable housing replacement fee pursuant to Section 22.119.050.E.

(Ord. 2021-0018 § 23, 2021.)

A.

The amount shall be the applicable replacement fee per square foot multiplied by the gross floor area of the units requiring replacement. If the square footage of the units requiring replacement is not known, a per-unit fee shall apply.

B.

The fees shall be applied by submarket area, as defined in Section 22.14.010.A under "Affordable housing and senior citizen housing" and in accordance with Table 22.268.020-A.

(Ord. 2021-0018 § 23, 2021.)

The replacement fee shall be calculated using the effective rate on the date the complete permit application for the principal project is submitted to the Department.

(Ord. 2021-0018 § 23, 2021.)

A.

If no discretionary approval is associated with the project, the replacement fee shall be due and payable prior to approval of the principal project by the Department.

B.

If the project requires a discretionary approval other than a land division, the replacement fee shall be due and payable concurrently with fees submitted pursuant to Section 22.222.260.B (Performance Guarantee and Covenant).

C.

If the project is a land division, the replacement fee shall be due and payable with final map submittal, pursuant to Section 21.44.050 (Materials required for submittal) in Title 21 (Subdivisions).

(Ord. 2021-0018 § 23, 2021.)

The replacement fee shall be updated annually based on the annual increase in the Construction Costs Index ("CCI") published by Engineering News Record for Los Angeles, or a similar construction industry index selected by the Department in the event the CCI is discontinued.

(Ord. 2021-0018 § 23, 2021.)

Replacement fees shall be used by the County, a County-designated agency, or a qualified nonprofit for any of the purposes described in section 33334.2(e) of the California Health and Safety Code. The use of such funds shall be prioritized within the same unincorporated submarket area of the project.

(Ord. 2021-0018 § 23, 2021.)

Division 10 - PLANNING AREA AND COMMUNITY STANDARDS DISTRICTS Chapter 22.300 - INTRODUCTORY PROVISIONS

Planning Area Standards Districts (PASDs) and Community Standards Districts (CSDs) are established to provide, where useful and appropriate, special development standards to:

A.

Assist in implementing special development requirements or land use limitations previously adopted by the County in neighborhood, community, area, specific, and local coastal plans for particular unincorporated areas of Los Angeles County, to address special problems that are unique to those geographic areas; and

B.

Facilitate development and new land uses that are more responsive to community objectives for the preservation, guided evolution and enhancement, and/or transformation of existing physical character and/or economic conditions than would otherwise be possible through the application of Countywide standards alone.

(Ord. 2024-0032 § 22, 2024; Ord. 2024-0029 § 8, 2024; Ord. 2019-0004 § 1, 2019.)

22.300.020 - Application of Planning Area Standards Districts, Community Standards Districts, and Supplemental Districts to Property.

A.

Hierarchy of Regulations. Standards within Division 10 are organized hierarchically within a category according to their applicable area or zone. Except as specified otherwise in this Title 22, where there is a conflict between two standards regulating the same matter:

1.

The standard in a category listed in Subsection A.2, below, supersedes the contrary standard that would apply to the base zone; and

2.

The standard within a category that is lower on the following list supersedes the contrary standard that is contained in any category above it.

a.

PASD Area-Wide Development Standards.

b.

PASD Zone Specific Development Standards.

c.

CSD Area-Wide Development Standards.

d.

CSD Zone Specific Development Standards.

e.

Sub-Area-Wide Specific Development Standards.

f.

Sub-Area Zone Specific Development Standards.

B.

Relationship to Other Title 22 Provisions.

1.

Specific Plans. Except as specified otherwise, regulations in a Specific Plan shall supersede any contrary provisions in this Division 10.

2.

Supplemental Districts. Except as specified otherwise, regulations in a Supplemental District listed in Table 22.06.040-A shall supersede any contrary provisions in this Division 10.

3.

Accessory Dwelling Units and Junior Accessory Dwelling Units. Accessory Dwelling units and junior accessory dwelling units in a Planning Area Standards District, Community Standards District, or Supplemental District shall be subject to Section 22.140.640 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

4.

Affordable Housing and Senior Citizen Housing. Property within the boundary of a PASD or a CSD may be subject to Chapter 22.119 (Affordable Housing Replacement), Chapter 22.120 (Density Bonus), Chapter 22.121 (Inclusionary Housing), Chapter 22.128 (Supportive Housing), and Chapter 22.166 (Housing Permits), where applicable.

5.

Compact Lot Subdivisions. Any Division 10 provisions pertaining to a required yard shall apply to the equivalent perimeter yard of a compact lot subdivision, pursuant to Section 22.140.585.F.18 (Yard Provisions in Specific Plans, Planning Area Standards Districts, and Community Standards Districts).

6.

Green Zone. Where the regulations in Chapter 22.84 (Green Zone) are contrary to the provisions in this Division 10, the more restrictive provisions shall prevail, except that any required perimeter identification signs or informational signs shall contain information required by both Section 22.84.040.C.1.j (Perimeter Identification Sign) and this Division 10.

7.

Nonconforming Uses and Structures. Except as specified otherwise in a PASD or a CSD, the nonconforming use and structure provisions in Chapter 22.172 (Nonconforming Uses, Buildings and Structures) shall apply to all uses and structures in the area governed by the PASD or the CSD that were legally established or built prior to the effective date of the PASD or the CSD.

C.

Modifications Authorized. Development Standards specified in this Division 10 may be modified, subject to Chapter 22.160 (Conditional Use Permits, Minor), except where the project is subject to:

1.

Chapter 22.158 (Conditional Use Permits);

2.

Chapter 22.166 (Housing Permits);

3.

Chapter 22.176 (Minor Parking Deviation);