Chapter 18.110 — GENERAL DEVELOPMENT STANDARDS

The regulations set out in this chapter shall apply in all zones unless a provision or exception is limited to certain zones, or unless the standard would conflict with the specific zone regulations, in which case the more specific or restrictive regulation shall apply.

(Ord. 236-73 Exh. A(part), 1991)

A.

Substandard building sites: A legally created lot which contains less area and/or width than is required by the applicable zone, and is not merged pursuant to the State Subdivision Map Act and/or local ordinance, may be developed as permitted by the zone in which the lot is located if:

1.

The owner has not, within the last one year, owned contiguous property which could be adjusted or combined with the substandard building site.

2.

The lot and proposed use otherwise meet all requirements of this title and law, and the criteria for the use in the zone in which it is located does not specifically require the minimum lot size to be met.

B.

Lot size determination: The lot size shall be the gross area of a lot which is held in fee title by the lot owner, except when the minimum lot size is one acre or less all road easements, whether prescriptive or dedicated, along any property boundary shall be excluded. When the minimum lot size is five acres or more, a variation not to exceed two percent less than the minimum lot size shall be allowed for any parcel based on an aliquot part sectional subdivision. The true aliquot part sectional subdivision shall be determined in accordance with the procedures described in the current Manual of Surveying Instructions published by the Bureau of Land Management.

C.

Exception-Public entity or public utility: The minimum lot size and width required in any zone shall not apply to any public entity or public utility, provided the proposed use meets all other requirements of this title and law. Wherever a portion of a lot to be conveyed to a public entity for public use or public utility purposes does not meet the minimum lot size, the county may require the lot to be rezoned to the PF zone.

D.

Exception-Public health, safety, and welfare: Notwithstanding any other provision in this title, no building or use shall be approved, erected, or constructed on a lot which does not meet the required lot size or width, and which could thereby endanger the public health, safety, or welfare. Such a determination made in writing to the applicant by any county official or body with jurisdiction to approve or grant a permit or other land use entitlement under this title shall be grounds for denial. The applicant or any interested person may appeal the decision to the appellate body as provided in Chapter 18.144. Notice and hearing shall be in the manner required for any permit or entitlement under consideration, or if none, as required for administrative permits.

(Ord. 236-73 Exh. A(part), 1991)

In any zone, each parcel shall have sixty feet of access frontage, except as otherwise provided in this title or approved by the body granting a permit or entitlement.

(Ord. 236-73 Exh. A(part), 1991)

This section specifies off-street parking and loading regulations for all land uses for the purposes of minimizing street congestion and traffic hazards, and assuring safe and convenient access to residences, businesses, and public places.

A.

Regulations applicable: Every building installed or constructed, enlarged, or structurally altered, and every use of land established or expanded in this title, shall comply with the provisions of this section, except as follows:

1.

Except for accessory and junior accessory dwellings in accordance with Section 18.100.010(E), when a legal nonconforming permitted use or structure is extended or enlarged, this chapter shall apply only to the portion that is extended or enlarged.

2.

When a legally existing permitted use is changed to another permitted use, the new permitted use shall conform to this chapter, except the number of off-street parking spaces may be reduced by five.

B.

Joint use parking areas: The joint use of off-street parking areas may be authorized by the planning director in connection with site plan review, or by the planning commission in connection with a use permit application, subject to the following limitations and criteria:

1.

It is determined that there will be no conflict between the principal operating hours of the buildings or uses for which joint use of off-site parking is proposed. The affected owners shall execute and cause to be recorded in the office of the county recorder an agreement or conveyance approved as to form by county counsel and binding on their heirs, successors, and assigns guaranteeing that joint use of off-site parking will be available to serve the use for its duration.

2.

Up to 50 percent of the off-street parking area required for "nighttime" or weekend uses, such as theaters, bowling alleys, bars, auditoriums, or churches may be supplied by the parking area required for daytime uses, such as banks, offices, retail sales, and personal service establishments; and up to 50 percent of the

off-street parking area for daytime uses may be supplied by the parking area for nighttime or weekend uses.

3.

Parking in the C, IL, I, or PF zone may be located off-site, within five hundred feet of the use which it serves.

C.

Off-street parking and loading: The following parking requirements apply in all zones. The required parking is in addition to company operated vehicles. All computed numbers shall be rounded up to a whole number.

1.

Dwelling units: One bedroom or second-dwelling unit: One space per unit. Two or more bedrooms: Two spaces per unit. Refer to Section 18.100.010(6) for accessory and junior accessory dwellings. Housing occupied exclusively by persons aged 62 or older may provide one-half space per dwelling unit or one space per four occupants of a group quarters. Housing occupied exclusively by very low or low-income households, as defined by the State of California, may provide for reduced parking requirements of one car and one bicycle space per dwelling unit.

2.

Hotels, motels, boarding house, bed and breakfast inn: One space for each guest room plus one space per two employees, plus applicable required parking for additional uses.

3.

Mobile home park: One and one-half spaces per unit, plus one recreational vehicle parking space for each four units

4.

Nursing home, group care homes, convalescent hospitals: One space for each three beds.

5.

Hospitals: One space per bed.

6.

Church, social hall, club, community center, theater, or other place of public assembly: One space for each four seats in the principal seating area, or one space for every 40 square feet in the principal seating area, whichever is greater.

7.

Libraries, museums: One space for each 300 square feet of gross floor area.

Schools; Grades K-8: One space per employee plus ten additional spaces. Grades 9 and over: One space for each five students plus one space for every two employees.

9.

Business or professional offices, including banks and other financial institutions, medical offices and clinics: One space for each 300 square feet of gross floor area.

10.

Personal services: One space for each 200 square feet of gross floor area.

11.

Bowling alley: Two spaces for each lane plus one space for each 200 square feet of gross floor area devoted to accessory uses.

12.

Golf course: Two spaces per hole plus applicable required parking for accessory uses.

13.

Furniture and appliance stores or repair shops and similar uses which handle only bulky merchandise: One space for each 600 square feet of gross floor area.

14.

Automobile or machinery sales and service garages, building materials supply, nursery or farm supply: One space for each 500 square feet of gross floor area, plus one space for each 2,000 square feet of outdoor sales or service area.

15.

Retail stores, second hand shops: Except as otherwise specified herein, one space for each 200 square feet of gross floor area.

16.

Shopping center: One space for each 200 square feet of gross floor area.

17.

Restaurants, bars: One space for each four seats. Drive-in restaurants: One space for each 100 square feet of gross floor area plus one space for every two employees.

18.

Warehouses, storage buildings, wholesale and manufacturing operations: One space for each 200 square feet of gross floor area, plus one space for each two employees on the largest shift, plus additional parking as required for retail uses if applicable.

19.

Laboratories and research facilities: One space for each 300 square feet of gross floor area.

20.

Uses - not specified: Parking for uses not specified in this section shall be required in the number of spaces required for similar uses in this section, in terms of type, human activity, and traffic generation.

21.

Emergency shelters, supportive/transitional housing (seven or more clients) and low barrier navigation centers: Two spaces per facility (same as residential), and one and one and one-half spaces for each room that provides support services (for administrative staff).

22.

Community care facilities: One space for every four beds.

D.

Off-street loading requirements: Off-street loading requirements for uses which involve the handling of goods, materials and equipment: One off-street loading space for the first ten thousand square feet of gross floor area, plus one space for each additional 35,000 square feet of gross floor area.

E.

Parking areas—Design requirements:

1.

All parking areas which access onto a county road shall be reviewed by the county road department. All parking areas which access onto a state highway shall be reviewed by the California Department of Transportation.

2.

All parking area designs shall limit direct access to and from adjacent public roads to a minimum number of encroachments.

3.

Commercial parking area encroachment: 24-foot minimum travel width for 2-way traffic; 12-foot minimum travel width for one-way traffic.

Parking area design shall take into account natural drainage, slope, and other physical features of the site.

5.

Off-street parking and loading spaces shall not occupy any part of any right-of-way or sight distance area.

6.

Minimum parking or loading space sizes:

a.

Parking: Nine feet by 18 feet.

b.

Handicapped parking: 12 feet by 18 feet.

c.

Parallel parking: Nine feet by 24 feet.

d.

Loading: 12 feet by 22 feet.

e.

Limited to accessory dwellings, tandem spaces shall have a minimum width of nine feet and a minimum length of 18 feet each or a minimum total length of 36 feet.

(Ord. No. 236-149, § 12, 7-27-2021; Ord. No. 236-146, 12-12-2017; Ord. 236-73 Exh. A(part), 1991)

18.110.050 - Yards.

The regulations for yards shall apply in all zones unless different yards are shown or described on a recorded final map, parcel map, an adopted plan or ordinance, or in the PD zone. Except as otherwise provided, no building or structure shall be permitted within any required yard area. Wherever the minimum yard requirement of the zone in which the lot is located differs from the requirement in this section, the more restrictive requirement shall apply, unless otherwise specified.

A.

Pre-existing buildings: Buildings which existed prior to the effective date of this section which do not conform to all of the yard requirements of the zone in which they are located may be enlarged or modified, provided the expansion or modification does not increase the degree of nonconformance.

B.

Measurement from right-of-way lines: Yards shall be measured from existing lot lines, or from the right-ofway lines, whether dedicated or prescriptive, of every road, highway, alley, access easement, or railroad if

the lot lines are within such right-of-way.

C.

Lot with front and rear bounded by road: Where the front and rear lot lines both have road frontage, the front and rear yards shall meet the minimum front yard requirement for the zone in which the lot is located, unless the lot is less than one acre. For purposes of this subsection, "road" does not include "alley."

D.

Lot with public road frontage:

1.

The yard for land abutting any street, road, or highway in the county road system or dedicated to public use shall be as provided in Title 12 of the county code, and any variances shall be obtained pursuant to that title.

2.

For all highways and major roads shown as arterials or collectors in the county general plan, forty feet, or seventy feet from the right-of-way centerline, whichever is greater.

E.

Setback from land zoned TP. All buildings shall be set back one hundred feet from land zoned TP, except where no timber is located on and within one hundred feet of the boundaries of the subject TP zoned land, the setback may be eliminated.

F.

Setback from waste facilities. All structures and uses designed for human occupancy, and wells, shall be set back at least one thousand feet from existing waste disposal facilities, expansion areas for which environmental studies or permit applications have been filed, future sites designated in the general plan, or closed land disposal sites.

G.

Flag lots: For flag lots, the front yard shall be the yard which is located adjacent to the lot line which either intersects the flag lot driveway or which is a continuation of the driveway lot line.

H.

Architectural features or structural appendages: Cornices, eaves, canopies, and similar architectural features may extend into any required yard not more than two feet. Uncovered porches, stairways, fire escapes, or landing places may extend into any required yard not more than three feet.

I.

Modification in PD zone: The yard requirements in this chapter may be reduced, modified, or deleted in a PD zone.

J.

Distance between buildings: Each building shall be at least ten feet from every other building on the same lot, unless modifications to the building are made pursuant to the Uniform Fire Code.

K.

Dwelling or main building facing side yard: Where the dwelling or main building is located with the main entrance facing a side lot line, the minimum side yard shall be ten feet on the main entrance side.

L.

Buildings which house animals: Barns, stables, chicken houses, and similar buildings, and residential accessory buildings which house animals shall not be located closer than ten feet from side or rear lot lines, excluding lot lines adjacent to an alley or street; nor closer than twenty feet from any dwelling on the same or adjacent lot.

M.

Public utilities: Public utility telephone and electric distribution lines, and sidewalks, may be located in a required yard.

N.

Height limits: Yards may be required to be increased when height limits are exceeded when required by the zone in which the use is located, Section 18.110.060, or as a condition of a permit or entitlement.

(Ord. 236-73 Exh. A(part), 1991)

Except as otherwise provided in this title, the following height limits shall apply in all zones:

A.

Roof structure: Roof structures for the housing of elevators, stairways, tanks, ventilating fans, solar equipment, and similar equipment required to operate and maintain the building, and flagpoles, vents, chimneys, skylights, television and radio antennae, and similar structures, may be erected to greater height than the height limit, provided no roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space. The maximum height limit for churches shall be seventy-five feet, provided that each yard shall be increased one foot for each foot in excess of the height limit for the zone in which the church is located.

B.

Signs: As provided in Section 18.110.070.

C.

Slope: Where the average grade under any dwelling exceeds fifteen percent, the maximum height limit shall be increased by fifteen feet on the downhill side of the building.

D.

Public utilities: Height limits shall not apply to public utility electric and telephone transmission and distribution lines and towers.

E.

Use permit: Except as otherwise provided, any structure in any zone may be erected to a height greater than the limit established for the zone in which the structure is located, provided that a use permit is first obtained.

F.

AH zone: The height limits in the AH zone shall supersede all other height regulations, whenever the AH zone regulation is more restrictive.

(Ord. 236-73 Exh. A(part), 1991)

Except as otherwise provided in this title or section, the following sign regulations shall apply in all zones.

A.

Sign type: In any zone, the following signs shall be permitted subject to the limitations and criteria in this section and the subject zone. Nonappurtenant signs shall be subject to any other regulations under the California Outdoor Advertising Act. All signs described in this section may locate without regard to distances from other signs, except as specifically provided.

1.

Noncommercial/official signs: The following signs shall not be regulated by this title: Official signs of a noncommercial nature erected by, on behalf of, or pursuant to the authority of public utilities or public entities; flags, pennants or insignia of any governmental or nonprofit organization when not displayed in connection with a commercial drive or used as an advertising device; or signs proclaiming religious, political, or other noncommercial messages limited to one per abutting street provided each sign area does not exceed sixteen square feet.

2.

Community identification signs: Signs placed near a city or county boundary identifying such city or county and the names of civic, fraternal, or religious organizations located therein, limited to not more than four per community provided each sign area does not exceed sixty-four square feet and the sign location is not zoned RH, RL, or RR.

3.

Private traffic signs: Signs directing and guiding traffic on private property provided each sign does not exceed four square feet in area and bears no advertising matter.

4.

Appurtenant real estate for sale, lease, or rent (including buildings) signs: One sign per abutting street, plus one additional sign along each two hundred feet of continuous street frontage, provided each sign area does not exceed thirty-two square feet; except in the RH, RL, or RR zone, or RT zone with a dwelling, each sign area shall not exceed six square feet. In addition, for each five lots for sale or lease, one on-site and one off-site sign provided each sign area does not exceed thirty-two square feet.

5.

Temporary signs: One sign per lot provided each sign area does not exceed thirty-two square feet, except in the RH, RL, or RR zone the total temporary sign area shall not exceed four square feet.

6.

Appurtenant construction site identification signs. One sign per abutting street, plus one additional sign along each two hundred feet of lot line provided each sign area does not exceed thirty-two square feet. Such signs shall not be erected prior to the issuance of a building permit and shall be removed within fifteen days after the issuance of the final occupancy permit.

7.

Appurtenant accessory residential signs: Signs customarily associated with residential use provided each sign area does not exceed four square feet and bears no advertising matter, such as property identification, warning, private parking, or noncommercial organization affiliations signs. In the RH, RL, or RR zone the aggregate sign area shall not exceed sixteen square feet under this subsection. In addition to the above, for a subdivision of five or more lots, a multiple-family development, or common facilities for use by occupants of such developments, one or more signs identifying the subdivision, common facilities, or multiple-family development may be located at each entrance provided the aggregate sign area at each entrance does not exceed thirty-two square feet.

8.

Home occupation: When any sign is used in connection with a home occupation, it shall be limited to one nameplate attached on and flush with the dwelling or accessory building not to exceed six inches by twelve inches. No use permit or variance may be issued which would allow an increase in the number or size of the sign as provided in this subsection.

9.

Appurtenant sign in IL, I, or C zone, or RT zone with no dwelling: (a) One freestanding sign along each one hundred lineal feet of street frontage provided where there is less than one hundred lineal feet each sign area does not exceed thirty-two square feet, and where there is more than one hundred feet each sign area does not exceed sixty-four square feet, and (b) Building signs provided the aggregate building sign area

does not exceed the greater of one foot in area for each lineal foot of building frontage or sixty-four square feet. This subsection shall also apply to a lot occupied by three or more business enterprises that are integrated with a common access, such as a shopping center, or one or more buildings with spaces for multiple businesses.

10.

Appurtenant signs in specified zones: In any zone except the RH, RL, RR, RT with a dwelling, C, IL, or I zone, one along each abutting street, provided each sign area does not exceed thirty-two square feet. Where the lot or parcel abuts a street for a continuous distance of more than four hundred feet one sign may be erected along each four hundred foot segment.

B.

Determination of number: Each display device whose elements are organized, related, or composed to form a unit shall be counted as one sign. Where matter is displayed in a random manner without organized relationship of elements, each element shall be counted as one sign. A two-sided or multi-sided sign shall be counted as one sign provided the maximum distance between the backs of each face of the sign do not exceed five feet.

C.

Use permit: Except as otherwise provided, signs that exceed the size or number criteria in this section may be permitted subject to obtaining a use permit.

D.

Sign area: Sign area means the sum of the area enclosed within the sign frame, or measured to the outside boundary perimeter around the outer limits of the sign elements including any voids within such perimeter. For a two-sided or multi-sided sign, each side shall be allowed the permitted sign area.

E.

Sign area-Lot without street frontage: For a lot without street frontage a portion of the aggregate permitted sign area, including that portion which would be permitted if the lot had street frontage calculated as the lineal footage of the lot line facing the street providing access, may be allocated to one nonappurtenant sign located at or along each street frontage that provides access to the lot, provided the proposed location is not zoned RH, RL, or RR. Each sign area shall not exceed the applicable sign area that would apply if the lot had street frontage.

F.

Animation or movement: No blinking, flashing, rotating, or animated signs, or signs that change intensity or color or emit smoke, noise, odors, etc., shall be permitted, except to display the date, time and weather information.

G.

Color: No red, green, or amber lights, or illuminated signs shall be located in such position that they could reasonably be expected to interfere or be confused with any official traffic control device, signal, or directional signs.

H.

Illumination: Lights used to illuminate signs or advertising structures shall be installed so as to concentrate the illumination of the sign or advertising structure and minimize glare or direct illumination upon a public street or adjacent lot.

I.

Heights: Building mounted signs shall not extend above the roofline of the building to which they are attached, except to display the time, date, and weather information. Freestanding signs shall not exceed the maximum building height in the zone in which the sign is located.

J.

Clearance: Each freestanding sign or building sign that projects more than twelve inches from the face on which it is attached shall have at least eight feet of clearance between the sign and the underlying surface.

K.

Clearance-Public right-of-way: No sign shall be permitted in or over a public right-of-way, unless an encroachment permit has been obtained from the appropriate agency, except signs attached to the face of a building located within such right-of-way shall be located at least twelve feet above the surface of the right-of-way. Attached signs and floodlights placed within any public right-of-way shall have at least twelve feet of clearance between the sign and surface of said right-of-way and shall also comply with Chapter 12.04 of the county code.

L.

Maintenance: All signs shall be maintained in a safe and readable condition and shall advertise a valid operating activity, including seasonal activities. A sign shall be considered unreadable when twenty percent or more of the face is removed or indistinguishable.

(Ord. 236-73 Exh. A(part), 1991)

This section provides specific design standards for development of multiple family housing developments which have been amended to address California Government Code § 65583.2(c) to allow residential uses by right for housing developments which at least 20 percent of the units are affordable to lower income households.

A.

Multiple-family dwelling projects, including housing development projects and streamlined and affordable housing development projects shall comply with the following provisions and objective design standards:

1.

Developed on a site that has sufficient infrastructure to support the proposed development intensity to comply with minimum public health and safety requirements, such as public water and sewer.

2.

Maximum building and impervious surface coverage shall not exceed 70% of the site (excluding public rights-of ways).

3.

Site development shall comply with the following:

a.

Parking should be located behind the buildings, in the rear of the site or accessed from alleys or screened from view of the public street.

b.

Front building setback walkways, driveways or other impervious surfaces shall not exceed 25 percent of this setback area.

c.

Open stairways shall not be visible from the public street.

d.

Minimum ten percent improved landscaped site coverage. Landscaping and irrigation shall be designed and installed in compliance with the California Water Conservation Landscape Act, California Government Code § 65595(c)(1).

4.

Architectural features shall be incorporated into the project design as follows:

a.

Balconies (when two stories or greater);

b.

Porches;

c.

Pitched roofs;

d.

Overhanging roofs with gabled ends;

e.

Dormers;

f.

Change in wall plane (pop-outs, projections, etc.) for buildings that exceed 24 feet in length.

5.

Other objective design standards may be established by the county that meet or exceed these standards, that comply with the provisions of California Government Code §§ 65913 through 65914.5, which may be adopted by the Modoc County Board of Supervisors by separate resolution.

(Ord. No. 236-149, § 12, 7-28-2021; Ord. No. 236-146, 12-12-2017)

18.110.090 - Emergency shelter and low barrier navigation center performance standards.

A.

Emergency shelters and low barrier navigation centers shall comply with all objective standards identified in California Government Code § 65583(a)(4), that include, but may not be limited to the following:

1.

Off-street parking as provided under Section 18.110.040.C.21 of this code.

2.

Shall not be located closer than 300 feet of any other emergency shelter, unless such social service is located within the same building or on the same lot.

3.

There shall be adequate receiving or reception space inside the structure such that prospective and current residents are not required to wait on sidewalks or any other public rights-of-way

4.

There shall be a gated and fenced outdoor area.

5.

Lighting shall be provided for appropriate surveillance subject to approval of the sheriff's department.

6.

A management plan is required for all to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. Such plan shall be submitted to and

approved by the county. Minimum standards and practices in the plan shall be as follows:

a.

The emergency shelter shall be operated by a responsible agency or organization, with experience in managing or providing social services.

b.

The emergency shelter shall have an identified administrator and representative to address community concerns

c.

The emergency shelter shall provide at least one responsible onsite supervisor at all times for every ten occupants.

d.

Residents shall be regularly evaluated by persons experienced in emergency shelter placement and/or management.

e.

The program shall identify a transportation system that will provide its clients with a reasonable level of mobility including, but not limited to, access to social services and employment opportunities.

f.

First aid and CPR assistance, training, counseling, and personal services essential to enable homeless persons to make the transition to permanent housing shall be provided. Services may include providing meals as incidental to the operation of an emergency shelter.

g.

Referral services shall be provided to assist residents in obtaining permanent housing and income. Such services shall be available at no cost to residents of a shelter.

h.

Emergency shelters shall be maintained in a safe and clean manner and free from refuse or discarded goods.

i.

Low barrier navigation center applications shall be processed in accordance with California Government Code Section 65664 provides timelines for action; the county must notify the developer within 30 days if the application is complete under § 65493 and then must act on the application within 60 days from the date the application has been deemed complete.

(Ord. No. 236-149, § 12, 7-28-2021; Ord. No. 236-146, 12-12-2017)

Chapter 18.120 - SITE PLAN REVIEW

Sections:

The purpose of site plan review is to assure consistency of all development with the provisions of this title, the general plan, and any applicable specific plan.

(Ord. 236-73 Exh. A(part), 1991)

Site plan review shall be conducted for all land use entitlements requiring site plan review as specified by this title, as provided in this chapter. Every application for a building permit to construct, reconstruct, relocate, erect, place, enlarge, or extend a building or structure, or to alter or otherwise modify a building or structure for the purpose of changing the use thereof, shall require site plan review. Site plan review, and any action, condition, determination, or appeal relating to site plan review, is determined to be an administrative action and does not require public notice and hearing.

(Ord. 236-73 Exh. A(part), 1991)

A.

Form and contents: Each application for a permit, building permit, or entitlement requiring site plan review shall include (1) a detailed site plan, drawn to scale, showing the existing and proposed uses, buildings, improvements, and other development of the entire lot, including parking, setbacks, heights, and yards, easements, roads and any other information required to determine compliance with this title, and (2) applicable fees.

B.

Completeness: Within thirty days of receiving an application, the planning department shall provide the applicant with written notice of any deficiencies. Each resubmittal shall again commence the review and submittal procedures described in this subsection. Failure of the applicant to respond within thirty days to any written notice that the application is incomplete, or to any request to amplify, clarify, correct, or otherwise supplement the application, shall be deemed to be an abandonment of the application and no further action shall be taken on it. The applicant may, within ten days of receiving a notice of deficiency, appeal the determination of the planning department to the planning commission, and subsequently the board of supervisors as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.060.

(Ord. 236-73 Exh. A(part), 1991)

Within twenty days after accepting an application as complete, the planning director shall determine its compliance with the provisions of this title, the general plan, and any applicable specific plan, and shall the approve, approve subject to conditions, or deny the application. Any conditions imposed shall be limited to (1) terms, conditions, or modifications to the project to conform it to the provisions of this title, the general plan, or any applicable specific plan, and (2) the recording of a document, on a form prescribed by the planning director and approved by county counsel, in the office of the county recorder, providing notice of terms or conditions of the land use entitlement.

(Ord. 236-73 Exh. A(part), 1991)

Any interested person may appeal the decision of the planning director as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.060. The planning commission shall not grant any approval that would otherwise require a use permit, variance or administrative permit without the proper application and procedures for such. The decision of the commission shall be final.

(Ord. 236-73 Exh. A(part), 1991)

18.120.060 - Effect of action.

A.

No building permit, mobilehome installation permit, or other permit issued by the county for any entitlement for which site plan review is required shall be issued or used until the site plan has been approved, revised to conform with the conditions of approval, and finally approved, or unless and until any appeal results in an approved site plan. No building permit, mobilehome installation permit, or other entitlement requiring site plan review shall be issued which is not in conformance with the approved site plan.

B.

Every approved site plan expires and becomes null and void within one year from the date of approval, or affirmation of approval upon appeal, without any further action by the county, unless a building permit or entitlement for the proposed activity, use, or building has been legally issued and the building, use, or activity has been substantially commenced prior to the expiration date, or the permittee shows that conditions beyond the control of the applicant prevented substantial progress. Such declaration by the applicant shall be submitted to the planning director prior to the expiration date. Within thirty days the director shall make a decision and provide written notice thereof to the applicant who may appeal the decision of the planning director as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.060. The decision of the planning commission shall be final.

(Ord. 236-73 Exh. A(part), 1991)

Chapter 18.124 - ADMINISTRATIVE PERMITS

Sections:

18.124.010 - Applicability.

An administrative permit may be granted for any of the uses for which administrative permits are required by this title, as provided in this chapter. Administrative permits and any action, condition, determination, or appeal relating thereto is determined to be an administrative action and does not require public notice and hearing.

(Ord. 236-73 Exh. A(part), 1991)

A.

Form and contents: An application for an administrative permit shall be made in writing on a form prescribed by the planning director, and shall be accompanied by (1) a clear and concise description of the proposed use and accompanying activities; (2) plans, maps, or other documents, reproducible and drawn to scale, showing the project location and details of the proposed use, buildings, and facilities; (3) information demonstrating compliance with provisions applicable to the proposed uses and this title; (4) written authorization of the property owner; and (5) fees.

B.

Completeness: No application shall be accepted as complete until all fees, the application form and all required information are filed with and accepted as complete by the planning department. Within thirty days after receiving an application the planning department shall provide the applicant with written notice of any deficiencies. Each resubmittal shall again commence the review and submittal procedures described in this subsection. Failure of the applicant to respond within thirty days to any written notice that the application is incomplete, or to any request to amplify, clarify, correct, or otherwise supplement the application, shall be deemed to be an abandonment of the application and no further action shall be taken on it. Within ten days of receiving a notice of deficiency, the applicant may appeal the determination to the planning commission and subsequently the board of supervisors as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.060.

(Ord. 236-73 Exh. A(part), 1991)

A.

Within twenty days after accepting an application as complete, the planning director shall determine its compliance with the provisions of this title, the general plan, and any applicable specific plan, and shall give written notice to the applicant of the decision to approve, approve subject to conditions, deny, or refer the application to the planning commission. If referred, the commission shall make its determination within sixty days from the date the application is accepted as complete.

B.

If the director or commission determines the application complies with all criteria applicable to the proposed use, the administrative permit shall be approved. Reasonable conditions may be imposed as required to conform the proposed uses to applicable criteria in this title. If it is determined that the

application does not meet all applicable criteria and cannot reasonably be made to conform to the requirements through the imposition of conditions, the application shall be denied.

(Ord. 236-73 Exh. A(part), 1991)

A.

The granting of any administrative permit may be conditioned upon (1) minor modifications to the proposal to conform it to criteria applicable to the proposed uses and this title, (2) the recording of a document, on a form prescribed by the planning director and approved by county counsel, in the office of the county recorder, providing notice of terms or conditions of the administrative permit, and (3) any security or fees required to assure continued compliance.

B.

Any administrative permit granted may be limited to a term set when the administrative permit is approved, and when renewed if applicable. The establishment, maintenance, or operation of any use pursuant to this chapter shall cease at the end of the term, if any, of the administrative permit.

(Ord. 236-73 Exh. A(part), 1991)

The applicant may appeal the decision of the planning director to the planning commission. The decision of the commission shall be final, or if the application was referred to the commission its decision may be appealed to the board of supervisors, as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.060. The commission or board shall not grant any approval that would otherwise require a use permit or variance without the proper application and procedures for such.

(Ord. 236-73 Exh. A(part), 1991)

Every administrative permit issued pursuant to this chapter is revocable, as provided in this section.

A.

Whenever the planning director or the planning commission determines that one or more ground exists for revocation of an administrative permit, the planning commission may revoke the administrative permit after notice given as provided in Section 18.140.060. Grounds for revocation include, but are not limited to:

1.

Noncompliance with permit conditions.

2.

Violation of any law relating to the permit.

3.

Expansion of the use that is the subject of the permit without an amendment or new permit.

4.

Exercising or conducting the use in a manner that threatens or is injurious to public health or safety or constitutes a nuisance.

5.

False or erroneous information in the record as to a material matter or significant issue regarding the use.

B.

After the hearing the planning commission may revoke the permit, or decline to revoke the permit. In lieu of revocation, the commission may amend existing conditions of approval or impose additional conditions, to the extent allowed by this title and any other law. No conditions shall be imposed which would have the effect of granting a variance, except as provided in this title, unless the appropriate application is made.

(Ord. 236-73 Exh. A(part), 1991)

18.124.070 - Expiration by inaction.

A.

Every administrative permit expires and is null and void without further action by the county if the activity for which the permit was granted has not been actively and substantially commenced within one year from the date of its approval, or affirmation on appeal. The planning director has the authority to declare, based on length of time and operation of law, the permit abandoned, and therefore null and void, unless an extension is granted as provided in subsection B.

B.

The planning director may extend the time for commencement of the use or activity for which an administrative permit was granted, if a written request for an extension of time stating the grounds therefor is submitted to the planning director prior to the expiration of the permit. A reasonable extension of time shall be approved if the permittee shows that circumstances beyond the permittee's control have prevented the permittee from taking sufficient action. Notice of the decision shall be mailed or delivered to the applicant.

C.

The decision of the director on the request for an extension may be appealed to the planning commission as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.050.

(Ord. 236-73 Exh. A(part), 1991)

The holder of an administrative permit may surrender it to the planning department at any time and thereafter shall cease to engage in, operate, or maintain the use.

(Ord. 236-73 Exh. A(part), 1991)