Chapter 18.126 — PLANNED DEVELOPMENT PERMITS

A planned development permit provides a process whereby the county may consider comprehensive development proposed in connection with the rezoning of land to the PD zone. The county may accept applications for a planned development permit in locations where a proposed development is consistent with the general plan and any applicable specific plan.

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

The regulations in this chapter shall apply whenever a planned development permit is required by this title. Every planned development permit shall fully describe all uses and buildings existing on the lot on the date the application is approved, and thereafter, development, uses and buildings permitted shall be those which conform to the planned development permit.

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

A.

A tentative subdivision map, when applicable, shall constitute a major element of the planned development permit application. All maps shall be consistent with the proposed application. The processing of all maps shall comply with all applicable laws and ordinances pertaining to such maps. The tentative approval of any map shall be conditioned upon approval of the associated planned development permit.

B.

When applicable, specific plans may be incorporated by inclusion or reference into a planned development permit application, provided that all provisions of this chapter are adequately addressed and that, in the event that the planned development permit is granted, all findings and conditions of approval specified in this chapter are effected.

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

A.

Pre-application: Prior to making an application, the planning department may arrange a conference with the applicant and all applicable county departments to review the proposal concept, design, and related issues. At the request of the applicant or agent, or action of the planning director, the project concept may be referred to the planning commission for interpretive actions.

B.

Form and contents: An application for a planned development permit shall be made to the planning department on a form prescribed by the planning director, and shall be accompanied by:

1.

A clear and concise description of the existing and proposed uses and accompanying activities.

2.

Plans, maps, or other documents, reproducible and drawn to scale, showing the project location and details of the proposed uses, buildings, facilities, and legal boundary of the project.

3.

General topography, at contour intervals of ten feet, plus all natural drainage features.

4.

Proposed street system, parking and lot design, and existing right-of-way lines and other easements.

5.

Areas proposed to be dedicated or reserved for parks, playgrounds, school sites, public or quasi-public buildings, and similar uses, and locations and description of project amenities held in common.

6.

Areas proposed for specified uses, such as multiple-family dwellings, equestrian stables, etc. and all other uses proposed to be established within the zone district.

7.

General elevations and representative architectural drawings of proposed buildings and structures.

8.

The extent, location, and general arrangement of all open space and landscaping.

9.

The sequence of development if the project is proposed to be developed in phases, and the sequence of services.

A plan for financing the construction, maintenance and operation of the development.

11.

Other data and information which may be deemed necessary by the planning commission or the planning department for proper consideration of the application, including consistency with the general plan and the provisions of this title, and environmental review information.

12.

Fees.

C.

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 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.

D.

Environmental review: All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the board of supervisors. Conditions of approval recommended pursuant to CEQA review shall be transmitted to the planning director.

E.

Planning director's report: All applications shall be reviewed by the planning director, who may consult with any person for the purpose of technical review. The report of the planning director, including any recommended conditions of approval, shall be transmitted to the planning commission and applicant at least five days prior to hearing on the application.

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

18.126.050 - Planning commission action.

A.

Public hearing: The planning commission shall hold a public hearing as provided in Chapter 18.140 on each application for a planned development after the application is accepted as complete. Notice of hearing shall be given by the planning director as provided in Section 18.140.050.

B.

Action: After the hearing the planning commission may approve, approve subject to conditions, or deny the application for a planned development permit. The approval shall clearly describe the plan for development, set forth all conditions, and include the findings and requirements in this section.

C.

Findings: In addition to any other finding required for concurrent applications, the planning commission shall make the following written findings addressing in which respects the development would or would not be in the public interest, including conclusions on the following:

1.

In which respects the development plan and/or applicable specific plan is not consistent with the provisions and purposes of the PD zone and the general plan.

2.

The extent to which the development or specific plan varies from zoning and subdivision regulations otherwise applicable to the particular property or the type of development proposed.

3.

The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further amenities of light and air, recreation and visual enjoyment.

4.

The relationship, beneficial or adverse, of the proposed planned development to the area in which it is proposed to be established.

5.

In the case of a plan proposed for development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the development and the integrity of the development plan.

D.

Elements of permit: Any approval of a planned development permit shall specify the following:

1.

The incorporation, by reference or attachment, of all associated specific plans, subdivision maps and certificates.

2.

All conditions of approval, including all permitted uses and densities of usage with their specific locations.

Clarification of the sequence of development if the project is proposed to be developed in phases.

4.

Any architectural design plans or features required, or landscaping.

5.

The type of security proposed to construct and maintain all improvements, and the form of all performance bonds, if any.

6.

Clarification of the location and use of all open space and/or common property areas and easements.

7.

The requirement to rezone lands to the PD zone if applicable, and the incorporation of the appropriate provisions of each approved planned development permit as a part of the ordinance to accomplish the rezoning.

E.

Conditions: The granting of any planned development permit may be conditioned upon (1) terms, conditions, or modifications to the proposal for the purpose of assuring that the proposal complies with all criteria applicable to the proposed development, (2) dedication of land or posting of a bond to guarantee the installation of public improvements which are reasonably related to the uses for which the permit is granted, (3) the recording of a document, on a form as prescribed by the planning director and approved by county counsel, in the office of the county recorder, providing notice of the terms and/or conditions of granting the permit, or (4) security, fees, agreements, or other assurances deemed necessary to insure compliance with any conditions imposed.

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

Any interested person may appeal the decision of 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)

In a planned development containing areas of common ownership, the subdivision map, dedication, covenants, and other recorded legal agreements must meet the following criteria. Where any of the following may not be applicable, the developer may substitute alternative suggestions for consideration. All legal documents required by this chapter shall be approved as to legal form and effect by county counsel.

A.

Legally create an automatic-membership, nonprofit, home or property owners association, district, or similar instrument.

B.

Place title to the common property in the home or property owner's association or district.

C.

Place responsibility for operation and maintenance of the common property in the home or property owners association or district, or give definite assurance that it automatically will be so placed within a reasonable definite time.

D.

Appropriately and permanently limit the use of the common property, and give each lot owner the right of use and enjoyment of the common property.

E.

Place an association charge on each lot in a manner which will assure sufficient funds, such charge to be a lien on the property, and provide adequate safeguards for the lot owners against undesirable high charges; or create appropriate assessment districts.

F.

Restrict the use of the property to the uses specified by the planned development permit.

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

Every planned development permit expires and is null and void without further action by the county if the adoption of the ordinance to apply the PD zone has not occurred within three years from the date the planned development permit was approved, or affirmation of approval on appeal, unless an extension of time is granted as provided in this chapter. The planning director has the authority to declare, based on length of time and operation of law, the planned development permit abandoned, and therefore null and void.

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

In addition to the provisions in this section, the requirements in Sections 18.126.040 through 18.126.070 shall apply to an application for an extension made subsequent to approval.

A.

The planning commission may extend the time for commencement of development in accordance with the approved permit if an application for an extension of time is made to the planning director prior to

expiration of the planned development permit, or upon its own motion. The commission shall hold a public hearing. Notice shall be given as provided in Section 18.140.050.

B.

The planning commission may approve or deny the extension. The amount of time to commence the use or activity shall not extend, in total, more than five years from the date the permit is approved, or affirmation of approval on appeal, or such longer time as is consistent with the time limits for the expiration of an approved tentative map. In lieu of denying an extension, the commission may amend existing conditions of approval or impose additional conditions, if the grounds which justify denial can be corrected or cured by such modifications. Any extension of time shall be approved without modification of conditions, except as required for health or safety, if the permittee shows that circumstances beyond the permittee's control have prevented the permittee from taking sufficient action.

C.

The decision by the commission relating to the request for an extension of time may be appealed to the board of supervisors as provided in Chapter 18.144. Notice shall be given as provided in Section 18.140.050.

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

Any significant alteration or expansion of a planned development for which a planned development permit was obtained shall require amendment to the approved permit. Plans adequately detailing the amendment shall be submitted to the planning department for determination of appropriate processing.

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

Every planned development permit issued under this chapter is revocable as provided in this section.

A.

Whenever the planning director or planning commission determines that one or more ground exists for revocation of a planned development permit, the planning commission may pursue the matter by holding a public hearing. Notice shall be given as provided in Section 18.140.050, for the purpose of revoking the permit. The grounds for revocation include, but are not limited to:

1.

Noncompliance with permit conditions.

2.

Violation of any law relating to the permit.

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 use.

B.

The planning commission may revoke or decline to revoke the permit. In lieu of revocation, the commission may amend existing conditions of approval, or impose additional conditions, if the grounds which justify revocation can be corrected or cured by such modifications.

C.

The decision of the commission may be appealed to the board of supervisors, as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.050.

D.

If the permit is revoked, the county may initiate an application to rezone the property from the PD zone if applicable.

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

Chapter 18.128 - USE PERMITS

Sections:

A use permit may be granted for any of the uses or purposes for which use permits are required in this title, as provided in this chapter. Every use permit shall fully describe all uses and buildings existing on the lot on the date the application is approved, and thereafter, the only uses and buildings permitted on the lot are those described in the use permit.

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

18.128.020 - Application.

A.

Form and contents: An application for a use permit shall be made to the planning department on a form prescribed by the planning director, and shall be accompanied by (1) a clear and concise description of the existing and proposed uses 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, (5) fees, and (6) environmental review forms.

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. 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.

C.

Environmental review: All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the board of supervisors. Conditions of approval recommended pursuant to CEQA review shall be transmitted to the planning director.

D.

Planning director's report: All applications shall be reviewed by the planning director, who may consult with any persons for the purpose of technical review. The report of the planning director, including any recommended conditions of approval, shall be transmitted to the planning commission and applicant at least five days prior to hearing on the application.

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

18.128.030 - Planning commission action.

A.

Public hearing: The planning commission shall hold a public hearing on each application for a use permit as provided in Chapter 18.140 after the application is accepted as complete. Notice of public hearing shall be given by the planning director as provided in Section 18.140.050.

B.

Action: After the hearing the planning commission may approve, approve subject to conditions, or deny the application for a use permit. The approval shall clearly describe the uses permitted, set forth all conditions, and identify which conditions, if any, must be met prior to use of the use permit. In approving the use permit, the commission may extend the one year time period for commencement of the uses or activities for an additional year.

C.

Findings: No use permit shall be granted unless written findings are made that the establishment, maintenance, or operation of the proposed use, building, or facilities (1) will not be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the vicinity of the proposed use, (2) will not be detrimental or injurious to property in the vicinity, or to the general welfare of the county, (3) the purposes of this title would not be better achieved by changing the zone rather than by issuing the use permit, and (4) the proposed use, at the location proposed, is consistent with the purpose of the zone in which it is located. Findings shall additionally be made as required by other provisions of this title when applicable to the proposed uses.

D.

Conditions: The granting of any use permit may be conditioned upon (1) terms, conditions, or modifications to the proposal for the purpose of assuring that the proposal complies with criteria applicable to the proposed uses and this title, (2) dedication of land or posting of a bond to guarantee the installation of public improvements which are reasonably related to the use for which the use permit is granted, (3) 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 the terms and/or conditions of granting the use permit, (4) security, fees, agreements, or other assurances deemed necessary to insure continued compliance with any conditions imposed, or (5) a limitation on the administrative or permitted uses listed in the zone in which the use is located.

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

Any interested person may appeal the decision of the planning commission as provided in Chapter 18.144. Notice of public hearing shall be given as provided in Section 18.140.050.

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

18.128.050 - Effect of action-Appeal waiting period.

A.

No building permit, mobilehome installation permit, or other entitlement issued by the county, for a use requiring a use permit shall be issued until the appeal period has expired and any appeal results in the granting of the use permit.

B.

Executed use permit: After the appeal period has expired, or affirmation of approval on appeal, the planning director shall mail the applicant a copy of the executed use permit authorizing the conduct of the uses and activities described, provided any precedent conditions imposed by subsection D of Section 18.128.030, or on appeal, have been met.

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

Every use 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 approval, or affirmation of approval on appeal, unless an extension of time is granted as provided in this chapter. The planning director has the authority to declare, based on length of time and operation of law, the use permit abandoned, and therefore null and void.

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

18.128.070 - Extension of time for commencement.

In addition to the provisions in this section, the requirements in Sections 18.128.030 through 18.128.050 shall apply to an application for an extension made subsequent to approval.

A.

The planning director may extend the time for commencement of the use or activity for an initial one-year period if an application for an extension of time is made prior to expiration of the use permit, substantiating that circumstances beyond the permittee's control have prevented the permittee from taking sufficient

action. An extension granted under this subsection is determined to be an administrative action and does not require public notice and hearing. Within ten days of the decision, the applicant may appeal the decision to the planning commission as provided in Chapter 18.144. Notice shall be given as provided in Section 18.140.060.

B.

When the criteria under subsection A is not met or the extension exceeds one year, the planning commission may extend the time for commencement of the use or activity if an application for an extension of time is made to the planning director prior to expiration of the use permit. The commission shall hold a public hearing. Notice of public hearing shall be given as provided in Section 18.140.050.

C.

The planning commission may approve or deny the extension. In lieu of denying an extension, the commission may amend existing conditions of approval or impose additional conditions, if the grounds which justify denial can be corrected or cured by such modifications. Any extension(s) of time that does not extend in total more than three years from the date the use permit is approved, or affirmed on appeal, shall be approved without modification of conditions, except as required for health or safety, if the permittee shows that circumstances beyond the per-mittee's control have prevented the permittee from taking sufficient action.

D.

The decision by the commission relating to the request for an extension of time may be appealed to the board of supervisors as provided in Chapter 18.144. Notice of public hearing shall be given as provided in Section 18.140.050.

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

Any use permit may be amended. The provisions of Sections 18.128.020 through 18.128.060 shall apply to any application to amend a use permit.

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

Every use permit issued under this chapter is revocable as provided in this section.

A.

Whenever the planning director, or planning commission, determines that one or more ground exists for revocation of a use permit, the planning commission may pursue the matter by holding a public hearing, noticed as provided in Section 18.140.050, for the purpose of revoking of the use permit. The 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.

The planning commission may revoke or decline to revoke the use permit. In lieu of revocation, the commission may amend existing conditions of approval, or impose additional conditions, if the grounds which justify revocation can be corrected or cured by such modifications.

C.

The decision of the commission in the matter of the revocation may be appealed to the board of supervisors as provided in Chapter 18.144. Notice of public hearing shall be given as provided in Section 18.140.050.

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

The holder of a use 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)

Chapter 18.132 - VARIANCES

Sections:

Variances from the terms of any regulation established by this title may be approved as provided in this chapter unless specifically preempted.

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

18.132.020 - Application.

A.

Form and contents: An application for a variance shall be made to the planning department on a form prescribed by the planning director, and shall be accompanied by (1) plans, maps, or other documents, reproducible and drawn to scale, describing the location and details of the proposed variance, (2) statements and evidence verifying the required findings and compliance with this title, (3) written authorization of the property owner, (4) environmental review forms, 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. 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 provided in Section 18.140.050.

C.

Environmental review: All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the board of supervisors. Conditions of approval recommended pursuant to CEQA review shall be transmitted to the planning director.

D.

Planning director's report: All applications shall be reviewed by the planning director, who may consult with any persons for the purpose of technical review. The report of the planning director, including any recommended conditions of approval, shall be transmitted to the planning commission and applicant at least five days prior to the hearing on the application.

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

A.

Public hearing: The planning commission shall hold a public hearing on each application for a variance as provided in Chapter 18.140 after the application is accepted as complete. Notice of hearing shall be given by the planning director as provided in Section 18.140.050.

B.

Action: Following the public hearing, the planning commission may approve, approve subject to conditions, or deny the application for a variance. The approval shall clearly describe the variance, set forth all conditions, and identify which conditions, if any, must be met prior to use of the variance. Any variance granted shall be subject to such conditions as will assure that the adjustment shall not constitute a grant of special privileges inconsistent with the limitations on other property in the vicinity and zone in which the property is located.

C.

Findings: No variance shall be granted unless written findings are made affirming the following, in addition to any other findings required by law.

1.

There are special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, and as a consequence of these circumstances, the strict application of the zoning regulations deprives the property of privileges enjoyed by other property in the vicinity and under identical zone classification; and

2.

The variance will not, under the circumstances of the particular case, adversely affect the health or safety of persons residing or working in the vicinity of the subject property, and will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity of the subject property.

D.

Conditions: Any variance granted shall be subject to such conditions as will assure that the adjustment shall not constitute a grant of special privileges inconsistent with the limitations on other property in the vicinity and zone in which the property is located. The granting of any variance may be conditioned upon (1) dedication of land or posting of a bond to guarantee the installation of public improvements which are reasonably related to the use for which the variance is granted, (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 order, providing notice of the terms or conditions of granting the variance, or (3) security, fees, agreements or assurances deemed necessary to insure compliance with any conditions imposed.

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

Any interested person may appeal the decision of 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)

A.

No building permit, mobilehome installation permit, or other permit issued by the county for which a variance is required shall be issued until the appeal period has expired, or until affirmation of approval on appeal.

B.

Executed variance: After the appeal period has expired, or affirmation of approval on appeal, the planning director shall mail the applicant a copy of the executed grant of variance authorizing the applicant to vary from the applied zoning regulations to the extent authorized, provided any precedent conditions imposed by subsection D of Section 18.132.030 or on appeal, have first been met.

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

Every variance 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 of approval on appeal, unless an extension of time is granted as provided in this chapter. The planning director has the authority to declare, based on length of time and operation of law, the use permit abandoned, and therefore null and void.

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

In addition to the provisions in this section, the requirements in Sections 18.132.030 through 18.132.050 shall apply to an application for an extension made after the variance is granted.

A.

The planning director may extend the time for commencement of the use or activity for an initial one year period if an application for an extension of time is made prior to expiration of the variance, substantiating that circumstances beyond the permittee's control have prevented the permittee from taking sufficient

action. An extension granted under this subsection is determined to be an administrative action and does not require public notice and hearing. Within ten days of the decision, the applicant may appeal the decision to the planning commission as provided in Chapter 18.144. Notice shall be given as provided in Section 18.140.060.

B.

When the criteria under subsection A is not met or the extension exceeds one year, the planning commission may extend the time for commencement of the use or activity if an application for an extension of time is made to the planning director prior to expiration of the use permit. The commission shall hold a public hearing. Notice of pub-lic hearing shall be given as provided in Section 18.140.050.

C.

The decision by the commission relating to the request for an extension of time may be appealed to the board of supervisor 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)

Every variance issued under this chapter is revocable as provided in this section.

A.

Whenever the planning director, or planning commission, determines that one or more grounds exist for revocation of a variance, the planning commission may pursue the matter by holding a public hearing. Notice of hearing shall be given as provided in Section 18.140.050 for the purpose of revoking the variance. The grounds for revocation include, but are not limited to:

1.

Noncompliance with permit conditions.

2.

Violation of any law related to the permit.

3.

Expansion of the activity 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.

The planning commission may revoke or decline to revoke the variance. In lieu of revocation, the commission may amend existing conditions of approval, or impose additional conditions, if the grounds which justify revocation can be corrected or cured by such modifications.

C.

The decision of the planning commission in the matter of the revocation of the variance may be appealed to the board of supervisors as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.050.

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

The holder of a variance 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)

Chapter 18.136 - AMENDMENTS

Sections:

The regulations in this title established by ordinance of the board of supervisors may be amended as provided in this chapter, by changing the boundaries of districts, reclassifying land from one district to another district or districts or combinations thereof, or by changing any other provision whenever the amendment will further the public necessity, convenience, or welfare.

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

18.136.020 - Application.

A.

Form and contents: An amendment to this title may be initiated by resolution of the board of supervisors or planning commission, or by the planning director or any person by filing an application with the planning department. All resolutions shall be accompanied by, and all applications shall be on, a form prescribed by the planning director, including (1) statements, plans, or maps, reproducible and drawn to scale, required to show the necessity for and the scope of the proposed amendment, (2) information demonstrating compliance with provisions of this title, (3) when the county is not the applicant, written authorization of the property owner or a petition requesting the county to initiate an amendment when the authorization of the property owner is not obtained, (4) fees, and (5) environmental review forms.

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 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.

C.

Environmental review: All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the board of supervisors. Conditions of approval recommended pursuant to CEQA review shall be transmitted to the planning director.

D.

Planning director's report: All applications shall be reviewed by the planning director, who may consult with any persons for the purpose of technical review. The report of the planning director, including an analysis of the consistency of the proposed amendment with the general plan and any applicable specific plan, and with any recommended conditions of approval, shall be transmitted to the planning commission and applicant at least five days prior to the hearing on the application.

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

18.136.030 - Planning commission recommendation.

A.

Public hearing: The planning commission shall hold a public hearing on a proposed amendment after the application is accepted as complete. Notice of hearing shall be given by the planning director as provided in Section 18.140.040, or as provided in 18.140.050 when the proposed amendment affects the permitted uses of real property.

B.

Action: After the hearing the planning commission shall render its decision in the form of a written resolution, which shall include a recommendation to the board of supervisors for action on the proposed amendment, the reasons for the recommended action, any proposed conditions, and the relationship of the proposed amendment to the general plan and any applicable specific plan. When the commission recommends denial of an amendment to rezone property from one zone to another, its decision shall be final unless a hearing is requested as provided in Section 18.136.050. If appealed, the planning director shall cause a report of the commission's action to be filed with the clerk of the board of supervisors within ten working days after the commission's decision.

B.

Conditions: The approval or recommendation to approve an amendment or ordinance may be conditioned on reasonable requirements related to development anticipated to occur on the property which is the subject of a rezoning, its effect on surrounding property, or as required to implement the general plan or any applicable specific plan. No condition shall be adopted requiring the automatic reversion of land to a former zone, but may require reversion contingent on notice and hearing in the manner required for the adoption of an amendment, and adoption of an ordinance rescinding the prior action or amending this title.

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

A.

If the planning commission has recommended approval of the proposed amendment, the board of supervisors shall hold a public hearing. When the commission recommends denial of a proposed amendment to change property from one zone to another, the board of supervisors need take no further action on it unless an interested person files a written request for a hearing with the clerk of the board within five days after the commission's recommendation is filed with the clerk. Notice of public hearing shall be given as provided in Section 18.140.040 or 18.140.050.

B.

The board of supervisors may approve or disapprove any recommendation of the planning commission, provided any modification of the proposed amendment or ordinance which was not considered by the commission durIng its hearing shall first be referred to the commission for its recommendation. The commission shall not be required to hold a public hearing thereon. If the planning commission fails to render its recommendation within forty days after referral, or any longer period the board may set, the modification shall be deemed approved by the commission. After receiving the commission's recommendation, or if there is none, the board shall adopt an ordinance amending this title, or shall decline to do so.

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

Any applicant may withdraw or abandon an application for a proposed amendment at any time, provided that any public hearing on the amendment for which notice has been given is first held and the amendment is not required as a condition of approval of a development permit.

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

Chapter 18.138 - DENSITY BONUS

The purpose of this section is to implement state law requirements under California Government Code, Sections 65915—65918, as they may be amended from time to time, or the current equivalent to

encourage the development of residential development that offers a percentage of its units to be made available to families of less than moderate incomes.

(Ord. No. 236-146, 12-12-2017)

Pursuant to Government Code Sections 65915 and 65917, the county must grant to an applicant of a qualifying housing development who seeks a density bonus ("developer") either 1) a density bonus or 2) a density bonus with an additional incentive(s) as set forth in this article. A density bonus housing agreement shall be made a condition of any density bonus approved pursuant to this section, and may be prepared as part of the development agreement ("DA") process.

(Ord. No. 236-146, 12-12-2017)

The following are eligibility requirements for a density bonus, incentives or concessions applicable to this section:

A.

Affordability: A developer entering into an agreement pursuant to California Government Code § 65915 to construct a housing development may quality for a density bonus if the proposed housing development consisting of five or more residential units:

1.

A minimum of five percent of the total units made available to very low-income households, as defined by the most recent version of the applicable section of the California Health and Safety Core; or

2.

A minimum of ten percent of the total units are made available to low-income households, as defined by the most recent version of the applicable sections of the California Health and Safety Code; or

3.

A minimum of ten percent of the total units in a common interest development, made available to moderate-income households, as defined by the most recent version of the California Health and Safety Code, provided that all units in the development are offered to the public for purchase; or

4.

A senior housing development or senior restricted mobile home parks, as defined by the most recent version of the applicable in Section 65915 of the California Government Code; or

5.

Any additional qualifying project allowable under California Government Code § 65915 as amended from time to time.

California Government Code § 65915.5 shall govern the availability of bonus incentives for projects which convert apartments to condominium projects which include at least 33 percent of the total units of the proposed condominium project to persons and families of low- or moderate income as defined in California Health and Safety Code § 50093, or 15% of the total units to low-income households as defined in California Health and Safety Code § 50079.5.

B.

Allowed density bonus: For the purposes of calculating the density bonus below, the developer shall select which qualifying part of Subsection (a)(2) that the bonus is proposed to be awarded. Qualifying developments are eligible for a density bonus and one or more additional incentives or concessions as follows:

1.

Low-income households. A housing development eligible for a bonus in compliance with criteria of Subsection (a)(1) (ten percent of lower income households) shall be entitled to a density bonus calculated pursuant to California Government Code § 65915(f)(1).

2.

Very low-income households. A housing development eligible for a bonus in compliance with criteria of Subsection (a)(4) (five percent of very low-income households) shall be entitled to a density bonus calculated pursuant to California Government Code § 65915(f)(1).

3.

Senior citizen development. A housing development eligible for a bonus in compliance with criteria of Subsection (a)(4) (senior citizen development or mobile home park) shall be entitled to a density bonus calculated pursuant to California Government Code § 65915(f)(3).

4.

Common interest development. A housing development eligible in compliance with criteria of Subsection (a)(3) (10% for moderate-income households) shall be entitled to a density bonus calculated pursuant to California Government Code § 65915(f)(4).

5.

Density bonus for land donation. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the County, a maximum of 15 percent increase over the allowable density shall be provided for the entire development, as permitted by California Government Code § 65915(g)(1). This increase shall be in addition to any other density bonus. The applicant shall meet the conditions in California Government Code § 65915(g) in order to qualify for the additional development.

Density bonus for housing with child care facilities. The county shall grant a density bonus for housing development that includes a child care facility in compliance with California Government Code § 65915(h).

7.

Any additional qualifying density bonus, incentive, or concession allowable under California Government Code § 65915 as amended from time to time.

(Ord. No. 236-149, § 13, 7-28-2021; Ord. No. 236-146, 12-12-2017)

At the time of adoption of this density bonus chapter, the county does not have an inclusionary housing policy in place. However, if an inclusionary housing policy is adopted, designated density bonus units shall not count towards the requirements of the county's inclusionary housing requirements.

(Ord. No. 236-146, 12-12-2017)

An applicant for a density bonus may submit to the county a proposal for the specific incentives or concessions listed that the applicant requests, and may request a meeting with the county staff prior to submitting the development application. The planning director shall grant an incentive or concession request that complies with the requirements of this section and state law, unless the board of supervisors states in writing, based on substantial evidence, the findings established in Government Code Section 65915(d)(1)(A), 65195(d)(1)(B), or 65915(d)(1)(C). The following are allowed incentives or concessions that can be made for projects qualifying under this section:

A.

Number of Incentives. The applicant shall receive other concessions or incentives, as listed in subsection B of this section, which significantly contribute to the economic feasibility of construction or the qualifying development project. The number of concessions or incentives will be determined by Government Code Section 65915(d)(2).

B.

Types of Incentives. For the purposes of this section, bonus concessions or incentives which the county may provide include, but are not limited to any of the following, as established in Government Code Section 65915(k).

1.

A reduction in site development standards or a modification of architectural design requirements that exceed the minimum State of California Building Standard pursuant to California Government Code Section 65915(k);

A modification of zoning ordinance or design standards requirements that result in identifiable cost reductions that exceed the minimum State of California Building Standards pursuant to California Government Code Section 65915(k), including but not limited to a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required;

3.

Approval of mixed-use zoning in conjunction with the housing project, if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project; and

4.

Any other incentive or concession proposed by the developer or the county that results in an identifiable, financially sufficient, and actual cost reductions.

(Ord. No. 236-146, 12-12-2017)

18.138.060 - Processing of bonus requests.

The following is required for processing a bonus request:

A.

Permit Requirement. A request for a density bonus and other incentives including concessions shall be evaluated and decided through the permit process as though it were a use permit application processed through the planning commission and then recommended to the board of supervisors for approval.

B.

Finding for Approval. The approval of a density bonus and other incentives and concessions shall require that the review authority first make all the following findings:

1.

The residential development will be consistent with the general plan.

2.

The approved number of dwellings can be accommodated by existing and planned infrastructure capacities.

3.

Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this chapter.

4.

Remain affordable for the required time period.

(Ord. No. 236-146, 12-12-2017)

The following is required for a density bonus agreement:

A.

Agreement Required and Provisions. An applicant requesting a density bonus agreement shall agree to enter into a recordable density bonus agreement ("agreement") with the county in a form approved by the county counsel. The approval and recordation of the agreement shall take place prior to final map approval, or where a map is not being processed, prior to issuance of building permits for such properties.

B.

Project Information. The agreement shall include at least the following information about the project:

1.

The total number of units approved for the housing development, including the number of designated low income or affordable units.

2.

A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing costs consistent with U.S. Department of Housing and Urban Development ("HUD") Guidelines.

3.

The marketing plan for the affordable units.

4.

The location, unit sizes (square feet), and number of bedrooms of the designated affordable dwelling units.

5.

Tenure of the use restrictions for designated affordable dwelling units of the time periods required by this section and Government Code Section 65915.

6.

A schedule for completion and occupancy of the designated affordable dwelling units.

7.

A description of the additional incentives being provided by the county.

8.

A description of the remedies for breach of the agreement by the owners.

9.

Other provisions to ensure successful implementation and compliance with this section and Government Code Section 65915.

a.

Minimum Requirements. The agreement shall provide, at a minimum, that:

1)

The developer shall give the county the continuing right-of-first-refusal to lease or purchase any or all the designated low income or affordable dwelling units at the appraised value.

2)

The deeds to the designated affordable dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interest for designated low income or affordable dwelling units without the written approval of the county.

3)

When providing the written approval, the county shall confirm that the price (rent or sale) of the designated low income or affordable dwelling unit is consistent with the limits established for low and very low income households, as published by HUD.

4)

The county shall have the authority to enter into other agreements with the developer, or purchasers of the designated low income or affordable dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households.

5)

Applicable deed restrictions, in the form satisfactory to the county counsel, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy.

6)

In any action taken to enforce compliance with deed restrictions, the county counsel shall, if compliance is ordered by a court of law, take all action that may be allowed by law to recover all of the county's costs of action including legal services.

7)

Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.

8)

The designated low income or affordable dwelling units that qualified the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable units in compliance with the requirements of Government Code Section 65915(c).

b.

For-Sale Housing Conditions. In the case of for-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of designated low income or affordable dwelling units during the applicable restriction period:

1)

A requirement that designated affordable dwelling units shall be owner-occupied by eligible households, or by qualified residents in the case of senior housing.

2)

Provisions of the county may require ensuring continued compliance with maintaining low income or affordable dwelling units in compliance with this section and state law.

3)

Terms for future sales and recapture of any equity to ensure continued affordability of dwelling units for the requisite time period, as prescribed by Government Code Section 65915(c).

c.

Rental Housing Conditions. In the case of rental housing development, the agreement shall provide for the following conditions governing the use of designated low income or affordable dwelling units during the restriction period:

1)

The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated affordable dwelling units for qualified tenants.

2)

Provisions requiring owners to annually verify to the county tenant incomes and maintain books and record to demonstrate compliance with this section.

3)

Provisions requiring owners to submit an annual report to the county, which includes the name, address, and income of each person occupying the designated affordable dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit.

The applicable use restriction shall comply with the time limits for continued availability in compliance with this section.

d.

Execution of Agreement. Following board of supervisors approval of the agreement and execution of the agreement by all parties, the county shall record the completed agreement for the designated low income or affordable dwelling units, at the county recorder's office.

e.

The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before issuance of building permits for the project.

(Ord. No. 236-146, 12-12-2017)

Chapter 18.139 - REASONABLE ACCOMMODATION

This chapter establishes reasonable and necessary standards for the county of Modoc, pursuant to the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act, Government Code Section 12901 et seq., to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of this chapter is to provide a process for individuals with disabilities to make requests for reasonable accommodation in regard to relief from the various land use, zoning or building laws, rules, policies, practices and/or procedures of the county.

(Ord. No. 236-146, 12-12-2017)

In order to make specific housing available to an individual with a disability, a disabled person and/or their authorized representative may request reasonable accommodation relating to the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the county. A request for reasonable accommodation to laws, rules, policies, practices and/or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. If the project for which the request is being made also requires some other planning or building permit or approval, then the applicant shall file the request together with the application for such permit or approval.

(Ord. No. 236-146, 12-12-2017)

A.

All requests for reasonable accommodation shall include the following information:

Applicant's name, address and telephone number;

2.

Assessor's parcel number and physical address of the property for which the request is being made;

3.

The current actual use of the property;

4.

The code provision, regulation or policy from which accommodation is being requested;

5.

The basis for the claim (including documentation) that the individual is considered disabled under the state and federal fair housing acts and why the accommodation is necessary to make the specific housing available to the individual;

6.

Plans showing the details of the proposed use to be made of the land or building, and any other pertinent supporting documentation as required by the planning department.

(Ord. No. 236-146, 12-12-2017)

The planning director, or his/her designee, shall have the authority to consider and act on request for reasonable accommodation. When a request for reasonable accommodation is filed with the county, it will be referred to the planning director for review and consideration. The planning director shall issue a written decision within 30 days of the date of receipt of a completed application and may (1) approve the accommodation request, (2) approve the accommodation request subject to specified nondiscriminatory conditions, or (3) deny the request. All written decisions shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of decision shall be sent to the applicant or any other person requesting notice by certified mail, return receipt requested.

If necessary to reach a determination on the request for reasonable accommodation, the planning director or building official may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant responds to the request.

Accommodation approval shall not have any force and effect until applicant acknowledges receipt thereof and agrees in writing to each and every term and condition thereof.

(Ord. No. 236-146, 12-12-2017)

18.139.050 - Grounds for approving accommodation.

A.

In making a determination regarding the reasonableness of a requested accommodation, the following factors shall be considered:

1.

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Acts.

2.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the county.

(Ord. No. 236-149, § 14, 7-28-2021; Ord. No. 236-146, 12-12-2017)

18.139.060 - Appeals.

Within 30 days of the date the planning director issues a written decision, the applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed in the written determination. Any other interested person not satisfied with the decision of the planning director, may file an appeal within seven calendar days of the date on which the decision being appealed was rendered. All appeals shall contain a statement of the grounds for the appeal. Appeals shall be to the board of supervisors who shall consider the matter and render a determination as soon as reasonably practicable, but in no event later than 60 days after an appeal has been filed. Following the filing of an appeal, the board of supervisors shall hold a public hearing on the matter. All determinations on an appeal shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

ter and render a determination as soon as reasonably practicable, but in no event later than 60 days after an appeal has been filed. Following the filing of an appeal, the board of supervisors shall hold a public hearing on the matter. All determinations on an appeal shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

(Ord. No. 236-146, 12-12-2017)

Chapter 18.140 - HEARINGS

Sections:

The provisions of this chapter shall apply to every hearing or public hearing required by this title, or pursuant to this chapter.

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

18.140.020 - Notice of hearing—Contents of.

Except as otherwise required, whenever a notice of hearing or public hearing is required, or whenever a hearing or public hearing is required, written notice shall be given, including the date, time, and place of a hearing, the identity of the hearing officer or body, a general explanation of the matter to be considered, and a general description in text or by diagram of the location of the real property, if any, that is the subject of the hearing.

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

18.140.030 - Request for notice or record.

A.

A request by any interested person for notice of any hearing conducted pursuant to this title shall be made in writing to the planning director, or clerk of the board of supervisors who shall transmit a copy to the director. A fee which is reasonably related to the cost of providing the service to the public may be charged for each notice individually or annually.

B.

A copy of the record of hearing in the manner such record is customarily maintained by the hearing body shall be provided to any person requesting such record and may include a fee. Any person may file with the planning director at least three working days prior to hearing, a written request that any hearing conducted pursuant to this title be tape recorded. A nonrefundable deposit and fee upon delivery which is reasonably related to the cost of providing the service may be required.

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

18.140.040 - Notice of public hearing by publication.

When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall given in all of the following ways:

A.

Notice shall be published in at least one newspaper of general circulation within the county, at least ten days prior to the date of the hearing.

B.

Notice shall be mailed or delivered at least ten days prior to the hearing to any person who has filed a written request with the clerk of the board of supervisors or the planning director.

C.

Notice may also be given in any other manner the county deems necessary or desirable.

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

18.140.050 - Notice of public hearing—Other procedures.

When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways:

A.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

B.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential services to the project whose ability to provide those facilities and services may be significantly affected.

C.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll or more current records of the county assessor or tax collector, within three hundred feet of the real property that is the subject of the hearing. If such owners number more than one thousand, notice may alternatively be given by advertisement as provided by state law.

D.

Notice of the hearing shall be either published in at least one newspaper of general circulation in the county at least ten days prior to the hearing, or be posted at least ten days prior to the hearing in three public places within the county, including one public place in the area directly affected by the proceeding.

E.

Notice shall be mailed or delivered at least ten days prior to the hearing to any person who has filed a written request with the clerk of the board of supervisors or the planning director.

F.

Notice may also be given in any other manner the county deems necessary or desirable.

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

When a provision of this title requires notice of hearing to be given pursuant to this section, or requires an administrative hearing or any other hearing which is not a public hearing, notice shall be given as provided in this section. The board of supervisors declares that no administrative hearing is required to be a public hearing unless otherwise stated.

A.

Notice of hearing shall be mailed or delivered at least ten days prior to hearing to the owner of the subject real property or duly authorized agent, or the project applicant or duly authorized agent, and any person

who has caused the hearing to be held.

B.

Notice of hearing shall be mailed or delivered at least ten days prior to hearing to any other person who filed a written request to be notified of such matter, and to each agency that may be significantly affected.

C.

Notice may also be given in any other manner, to any other persons, the county deems necessary or desirable.

D.

The ten day notice period required by this section may be decreased upon the written consent of the county, the person who caused the hearing to be held, and any other affected party.

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

The failure of any person or entity to receive notice given pursuant to this chapter shall not invalidate the action taken by the county for which the notice was given and shall not constitute grounds for any court to invalidate the actions of the county for which the notice was given.

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

Any public hearing or hearing conducted pursuant to this title may be continued from time to time, and no further notice shall be required unless otherwise required by law.

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

Chapter 18.144 - APPEALS

Sections:

Any determination, interpretation, recommendation, or decision ("action") of the planning director, planning commission, building official, or any other body, person, or official vested with the duty or authority to take such action pursuant to the provisions of this title may be appealed by the applicant, owner, or any interested person. Except as otherwise provided in this title, an appeal from any action of the planning director, building official, or other county official shall be heard by planning commission, and an appeal from any action of the planning commission shall be heard by the board of supervisors.

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

Except as otherwise provided in this title, every appeal filed pursuant to this chapter shall be made in writing including the grounds therefor, and shall be received by the appropriate county office within ten days from the date the action which is the subject of the appeal is taken. An appeal from an action by the planning director or other county official shall be filed with the planning director, and an appeal from an action by the planning commission shall be filed with the clerk of the board of supervisors.

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

The appellate body shall hold a noticed hearing or public hearing and shall render its determination within sixty days from the date a timely filed appeal is received by the county, except as otherwise provided. In making its determination to reverse or affirm, wholly or partly, or modify the decision or determination appealed from, or make such other order, requirement, decision or determination as it deems appropriate, the appellate body shall be subject to all duties, responsibilities, and provisions applicable to the hearing body, including the confirmation or making of findings and application of conditions.

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

Chapter 18.150 - INTERPRETIVE ACTIONS

Sections:

The provisions in this chapter shall apply throughout this title.

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

Whenever requested by any person, the planning director or planning commission may consider written requests for interpretations of this title. The director may alternatively refer a request to commission. The written interpretation shall be delivered or mailed to the person making the request. The determination of the director may be appealed to the commission as provided in Chapter 18.144. The commission shall notify the appellant of the hearing as provided in Section 18.140.060, and shall render its decision in writing to the planning director and appellant. The procedures in this section are determined to be administrative and no public hearing or notice is required.

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

Where any of the regulations specified in this title are inconsistent with the general plan or an applicable specific plan, the general plan or specific plan shall prevail. All interpretations of this title shall conform to the general plan and any applicable specific plan to the greatest extent possible.

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

A.

Unless otherwise shown or specified, zone district boundaries are lot lines, the centerlines of streets, alleys, or railroad rights-of-way, or such lines extended. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned street or alley.

B.

When a principal zone boundary divides a lot or parcel into two zones, unless otherwise specifically designated, the entire lot or parcel shall be placed into the zone that accounts for the greater area of the lot, provided the boundary adjustment is for a distance of less than twenty feet.

C.

In all other cases or when uncertainty exists the planning commission shall, upon written request or upon its own motion, determine the location of zone boundaries.

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

18.150.050 - Interpretation of uses permitted-Construction.

The various chapters, sections, and parts thereof, set out in this title are interrelated. The construction of uses permitted, uses permitted with an administrative permit, and uses permitted with a use permit in the principal zones and overlay zones is as follows:

A.

Within each zone district, uses permitted with an administrative or use permit shall not be allowed as permitted uses, whether excluded from a listing of permitted uses by direct reference or by inference. Uses which might otherwise be allowed accessory to a permitted use shall not be allowed accessory to a permitted use when listed as a use permitted with an administrative or use permit. Uses which would otherwise be included within a general class of uses listed as permitted uses shall not be allowed as permitted uses when listed as a uses permitted with an administrative or use permit.

B.

In any chapter, section, or part thereof, which sets out a purpose, the construction and permissibility of all uses, actions and conditions shall fully consider the overlying purpose of the zone or regulation.

C.

Within each zone district, any use which is listed as a use permitted with an administrative or use permit shall not be allowed as a use similar to a permitted use under Section 18.100.060. Within each zone district, any use which is part of a general class of uses listed as a use permitted with an administrative or use permit shall not be allowed as a use similar to a permitted use under Section 18.100.060, except when similar uses in the class are specifically listed as permitted uses.

D.

When not otherwise specified, the general use and development standards and meanings set out in the definitions shall prevail when interpreting zone district regulations. For example, the definition of "public use" excludes airports. It is presumed that certain accessory uses, not otherwise regulated, have an integral relationship to the conduct of uses permitted, and uses permitted with an administrative or use permit, as characterized under the definition of accessory uses. However, when a use which would otherwise be an accessory use is specifically listed as a use permitted with an administrative or use permit, then the applicable regulations apply.

E.

Overlay zone regulations modify and supersede the principal zone district regulations applicable to a particular lot, to the extent specified by the overlay zone.

F.

When a use permit has been approved for a particular lot, the planning commission may restrict future permitted and administrative uses to those specified in the use permit.

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

18.150.060 - More than one use.

More than one permitted use may be established on one lot in any zone district, provided there is no conflict with the applicable zone requirements and all other provisions of this title and law are met. When a use permit is approved for a particular lot, the planning commission may restrict future permitted and administrative uses to those specified in the use permit.

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

Chapter 18.154 - NONCONFORMING USES AND STRUCTURES*

Sections:

18.154.020 - General provisions.

A.

A "nonconforming use" is a use of a structure or land which was lawfully approved, established and maintained prior to the adoption of this chapter but which does not conform with the use regulations for the zone in which it is located.

B.

A "nonconforming structure" is a structure which was lawfully approved or erected prior to the effective date of the application of these regulations but which, under this chapter, does not conform with the standards prescribed in the regulation for the zone in which the structure is located.

C.

The regulations in this chapter shall apply to all legally established nonconforming structures and uses. Nothing in this chapter shall be construed to prohibit any additions or alternations to a nonconforming structure or use as may be necessary to comply with any lawful order of any public authority made in the interest of the public health, safety, welfare, or morals.

(Ord. 336 §§ 1, 2, 2007)

18.154.030 - Continuation and maintenance.

A.

A lawful use occupying a structure or a site prior to the effective date of the application of these regulations which does not conform with the use regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued as provided in this chapter.

B.

A lawful structure occupying a site prior to the effective date of the application of these regulations which does not conform with the standards prescribed in the regulation for the zone in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintain as provided in this chapter.

C.

Routine maintenance and repairs may be performed on a nonconforming structure or site.

(Ord. 336 §§ 1, 2, 2007)

18.154.040 - Expansion and alterations of nonconforming uses and structures.

A.

A nonconforming use may increase its intensity, provided the structure in which it is housed are not altered or enlarged.

B.

Except as provided in Section 18.154.050 or unless a use permit is obtained, a nonconforming structure shall not be moved, altered, enlarged or reconstructed in any manner unless the structure is made to conform to the regulations of the zone in which the structure is located.

(Ord. 336 §§ 1, 2, 2007)

18.154.050 - Lot line adjustments for nonconforming parcels.

The planning commission may approve a lot line adjustment to an existing nonconforming parcel by taking land from an adjoining parcel provided all applicable general plan, zoning and other land use policy standards are followed and that no nonconforming or substandard parcels are created as a result of the lot

line adjustment. However, the planning commission may approve modifications to existing nonconforming parcels to decrease the existing nonconformity of a parcel, or increase the nonconformity of a parcel, provided they make the finding that: (1) that the lot line adjustment is necessary to improve the health and safety conditions of a parcel; or (2) that the lot line adjustment improves the design of the existing affected parcels, without altering the existing land uses thereon. Lot line adjustments shall be approved pursuant to Government Code Section 66412(d).

(Ord. 336 §§ 1, 2, 2007)

If any nonconforming structure is damaged or destroyed by any cause to an extent which exceeds seventyfive percent of the market value during the fiscal year of the destruction as determined by the county assessor, no repair or reconstruction shall be made unless every portion of the structure conforms to the regulations of the zone in which the structure is located or unless and until a use permit is obtained.

(Ord. 336 §§ 1, 2, 2007)

Whenever a nonconforming use has been abandoned, discontinued for any reason, or changed to another use for a continuous period of one year, the nonconforming use shall not be reestablished, and the use of the structures or site thereafter shall be in conformity with the regulations for the zone in which it is located.

(Ord. 336 §§ 1, 2, 2007)

None of the provisions of this chapter restrict any authority to require modification or termination of any nonconformity, which has been declared a nuisance by the board of supervisors.

(Ord. 336 §§ 1, 2, 2007)

Chapter 18.158 - ENFORCEMENT

Sections:

Notwithstanding any other provision in this title, the following shall apply:

A.

No person shall use any real property in violation of the regulations of this title, or any approval or conditions thereof pursuant to this title, that are applicable to the property. The erection, placement, construction, alteration, enlargement, conversion, movement, maintenance, establishment, or operation of any building, structure, premise, or use contrary to the provisions of this title is unlawful and a violation of this part. Every violation of any regulatory or prohibitory provision of this title is expressly declared to be a nuisance, both public and private.

B.

All facilities and appurtenances required as a condition of any permit or entitlement pursuant to this title shall be maintained in good repair at all times, and the failure to do so shall be deemed to be a public nuisance.

C.

All actions, covenants, conditions and restrictions, agreements, or acknowledgments or similar documents required as a condition of approval of any permit or entitlement pursuant to this title may be enforced by the county. Every document required pursuant to this title, or as a condition of an approval or entitlement pursuant to this title, shall be in a form as required by the county, and shall be binding on the signatories, and their heirs, successors and assigns. No such document shall be recorded, rerecorded, modified, assigned, amended or otherwise changed without the express review and consent of the county.

D.

The county may, as a condition of the approval or grant of any permit or entitlement pursuant to this title, require that full compliance with all county, state, and federal laws in connection with all existing and proposed uses or activities is first achieved.

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

All county officers, departments, and employees vested with the duty or authority to issue permits, licenses, or other entitlements shall do so subject to the requirements of this title. No permit, license, or other entitlement shall be issued or approved for any purpose or in any manner which conflicts with the provisions of this title. Any permit, license, or other entitlement issued in conflict with any provision of this title is null and void as of the date of issuance or approval.

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

A.

The planning director, building official, and other county law enforcement agencies shall enforce the provisions of this title. Any administrative decision of the planning director regarding any interpretation of the provision of this title or any condition of approval imposed pursuant to this title shall be made in writing whenever requested by any person interested in the interpretation. The written interpretation shall be delivered personally or by mail to that person.

B.

The director's decision may be appealed to the planning commission within ten days of the date of delivery or mailing of the decision by filing a written appeal with the planning department. The appeal shall specifically set forth the grounds upon which it is based. The commission shall hear the appeal and the appellant shall be given a reasonable opportunity to be heard and to present evidence at the hearing. The

commission shall render its decision in writing to the planning director and shall concurrently mail a copy of its decision to the appellant. A public hearing is not required for any appeal heard under this subsection. Pendency of any appeal shall not affect the filing of any legal action or pursuit of any other remedy to enforce the provisions of this division or any condition imposed pursuant to this division.

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

Any person violating or causing a violation of the provisions of this title, or permitting such a violation on land or in a structure owned, rented, or controlled by them, is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment. Each day any such violation continues shall constitute a separate offense punishable as provided in this section.

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

A.

Every enforcing officer may use administrative processes, such as notices of noncompliance, warning letters, stop orders, or cease and desist orders, in lieu of or prior to enforcing any provision of this Code, if the officer determines that the process may result in compliance with this Code at less expense to the county. The planning commission may, by a resolution of intent to record a notice of violation of this title, after notice and hearing as provided in Section 18.140.060, record a notice of violation of this title in the office of the county recorder.

B.

Pursuant to Penal Code Section 19d and the provisions of Section 836.5 and Chapter 5c (commencing with Sections 853.5) of Title 3 of part 2 of the Penal Code, every enforcing officer may cite any person for violation of this Code whenever the officer has reasonable cause to believe that the person has caused, committed, continued, or permitted any violation of this Code.

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

In the performance of their functions, planning agency personnel may enter upon any land and make examinations and surveys, provided that the entries, examinations, and surveys do not interfere with the lawful use of the land by those persons lawfully entitled to the possession thereof (Authority: California Government Code Section 65105.)

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

Whenever a judicial action or proceeding is brought to abate or enjoin any violation of this division, the county may recover in that action or proceeding all costs and expenses incurred in detecting, investigating, abating, and prosecuting the violation.

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

Chapter 18.162 - FEES

Sections:

A fee in accordance with a schedule adopted by ordinance or resolution of the board of supervisors and on file at the planning department shall be charged for all applications, permits, administrative actions, and all other actions required by this title. No application shall be accepted as complete until the required fees are paid, and no part of any fee shall be refunded upon the abandonment or denial of an application, or for any other reason, unless specifically approved by the board of supervisors.

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

Except as otherwise provided, all fees required by this title are waived for applications, permits and administrative actions by, or on land owned, leased, or otherwise controlled by, all agencies or units of every city, county, school district, special district, the State of California, or the United States.

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

Chapter 18.166 - WIRELESS COMMUNICATION FACILITIES

Sections:

Unless otherwise prohibited, wireless communication facilities may be allowed in all districts except "R-1," "R-2," and "R-3" subject to the permitting requirements and standards contained in this section.

(Ord. 326(part), 2002)

The purpose of this chapter is to provide uniform and comprehensive regulations for the orderly development and maintenance of wireless communication facilities. The regulations contained in this chapter are designed to minimize the adverse impacts of such facilities while providing the community with the benefits of wireless technology, and to protect and promote the public health, safety, peace, welfare, and aesthetic quality of the county as set forth in the general plan.

(Ord. 326(part), 2002)

As used in this chapter, the following definitions shall apply:

A.

"Antenna" means any device that transmits and/or receives an electronic signal for the purpose of facilitating the communication of cellular telephone, personal communication devices (PCS) messages or similar devices, excluding such facilities associated with amateur radio.

B.

"Co-location" means the siting of antennas and support equipment (excluding poles, towers, etc.) on the same support structure, or within the same equipment shelter/cabinet, provided the antenna and equipment is designed to be an integral part of the existing structure, and does not exceed the height of the existing structure. Co-location also includes the siting of separate facilities under different ownership in a common location.

C.

"Communication facility" means a facility that transmits and/or receives electronic signals by way of antennas, microwave dishes, or similar devices and which may include towers, equipment shelter/cabinets, parking areas and other accessory development.

D.

"Communication tower" means a support structure designed and constructed for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. It does not include support structures/antennas which do not exceed the height limitation for the particular zoning district or fifty feet (including any attached antenna) whichever is lower.

E.

"Equipment shelter/cabinet" means an enclosure that houses supporting equipment for an antenna that is located on the same parcel or structure as the equipment shelter/cabinet.

F.

"Minor antenna" means an antenna that is attached to a lawfully constructed structure, designed to be an integral part of that structure, blends with surroundings, and does not exceed the height limit for that particular zone, fifty feet, or the maximum allowed height for the existing structure, whichever is lower. Minor antenna may include equipment shelters/cabinets not exceeding two-hundred fifty square feet.

(Ord. 326(part), 2002)

18.166.040 - Permitting/application requirements.

A.

Use Permit. Unless otherwise allowed by right or by certificate of conditional use, as specified below, a use permit, pursuant to Chapter 18.128 (use permits), shall be required for all new communication facilities/towers.

B.

An administrative permit may be issued under Chapter 18.124 for all new facilities and towers lower than one hundred feet in height and co-locating at a site in existence before July of 2001. In addition, an administrative permit may be issued when the following findings are made in each antenna co-location application.

1.

The proposed facility does not conflict with any previous condition of approval for the facility or structure;

2.

The proposed facility is designed to blend with the existing structure; and

3.

No increase in overall structure height, including the antenna, is proposed.

If any one of the findings below cannot be made, the addition shall be subject to securing a use permit.

1.

Minor antenna as defined by this chapter;

2.

Expansion of existing equipment shelter/cabinets, not to exceed an aggregate area of two hundred fifty square feet;

3.

Co-location as defined in this chapter.

(Ord. 326(part), 2002)

The following standards shall apply to all communication facilities as defined in this chapter including those allowed by right. Communication facilities shall be located to minimize their visibility and the number of distinct facilities present, as follows:

A.

Location.

Towers shall be placed so as to minimize their visibility from primary public corridors and will not be placed in a location readily visible from a public trail, public park or other developed outdoor recreation area, unless communication facilities/towers already exist at the site, in which case co-location is preferred or the tower is constructed as to be effectively indistinguishable from its surroundings.

2.

Co-location of new antennas on existing support structures is strongly encouraged. New towers are discouraged where co-location on existing structures is technically feasible. Applications must demonstrate why co-location is not feasible.

3.

Construction of new facilities are encouraged to locate in close proximity to existing radio, cell, microwave and other such facilities. Facilities outside of this area are required to demonstrate site location justification and demonstrate compliance with this chapter, general plan and other zoning requirements. Individuals and firms shall not by contract or other mechanism exclude others from co-location. Failure to comply will result in the revocation of the conditional use permit and subsequent legal action. Submittal of landowner lease agreements for review by the planning department is required.

B.

The setback requirements contained below do not apply to facility co-location sites existing as of July 2001. All new sites for communication facilities and towers shall be setback as follows:

1.

No facility/tower shall be constructed within any established setback area.

2.

Where adjacent property is zoned residential ("R1", "R2", "R3") or is a public trail, park, developed outdoor recreation area or a public roadway, a tower shall be setback from the property lines no less than one hundred ten percent of its total height.

C.

Design. Communication facilities/towers shall be designed as follows:

1.

Communication facilities/towers shall be designed to visually blend with the natural or man-made environment found in the vicinity of the project site. Blending techniques may include but are not limited to the use of non-glare colors and finishes and the use of existing and/or alternative support structures that conceal the presence of facilities/towers such as man-made trees, light poles, power transmission poles and towers, signs, clock towers, bell steeples, silos, barns or other similar structures appropriate to the setting.

2.

Fencing and screening. Communication facilities including equipment shelters/cabinets may be required to maintain to the minimum six-foot fence of a color designed to be visually compatible with the surroundings.

3.

All areas disturbed during construction shall be replanted with native vegetation compatible with vegetation in the surrounding area unless the County Fire Warden requires fuel modification.

4.

Existing trees and other screening vegetation in the vicinity of the facility and along the access or utility easements shall be protected from damage during construction.

5.

Lighting for communication facilities shall be limited as follows:

a.

All lighting shall be limited to security lighting that is manually operated or motion-detector controlled except as required by the Federal Aviation Administration.

b.

All lighting shall be shielded or directed on-site to minimize off-site light spill except for lighting required by the Federal Aviation Administration.

6.

Signage shall be limited to address and facility identification, emergency and safety hazard signage. Permanent, weatherproof facility identification signs no more than twelve inches by twenty-four inches in size identifying the facility operator and a twenty-four hour emergency phone number shall be placed on the fence, the equipment shelter/cabinets or tower base. If larger signage is required by the FCC or other regulating agencies, the applicant shall provide proof of the requirement and signage shall not exceed the required size.

(Ord. 326(part), 2002)

The operator shall:

A.

Maintain the facility as approved;

B.

Notify the county of intent to vacate the site. The owner/operator will remove all facilities within twelve months of the date of notice unless the site is occupied by a successor; and/or as otherwise specified in the use permit or certificate of conditional use;

C.

The owner/operator of the facility/tower may be required to provide a cash bond equal in cost to removing the tower and associated facilities.

(Ord. 326(part), 2002)

Chapter 18.170 - MEDICAL MARIJUANA COLLECTIVE USES

Sections:

It is the purpose and intent of this chapter to regulate the availability and the distribution, by whatever means, of medical marijuana within the unincorporated area of Modoc County in accordance with California Health and Safety Code Section 11362.5 through Section 11362.83, inclusive, commonly referred to as the Compassionate Use Act of 1996 and the Medical Marijuana Program.

(Ord. No. 346, 11-9-2010)

Medical marijuana collective uses shall be a permitted use in the commercial (C) zoning district with a use permit in compliance with sections 18.44, 18.110 and 18.128. The operation of medical marijuana collective must be in compliance with all applicable state and federal laws, rules and regulations and must comply with all other applicable building codes, development standards and requirements, including accessibility requirements.

(Ord. No. 346, 11-9-2010)

When used in this chapter, the words or phrases shall be defined as the following:

A.

"Medical marijuana collective" or "collective" shall be as defined by California Statute or determined by case law and may include any facility or location where the primary purpose is to dispense medical marijuana that has been recommended by a physician, and where medical marijuana is made available to or distributed by or to a primary caregiver or a qualified patient in strict accordance with California Health and Safety Code Section 11362.5 et seq. A collective shall not include dispensing by primary caregivers to qualified patients in the following locations unless otherwise permitted by applicable local code sections and state law:

1.

A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code.

A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code.

3.

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code.

4.

A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code.

5.

A residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code provided that any such clinic, health care facility, hospice or residential care facility complies with applicable laws including, but not limited to, Health and Safety Code Section 11362.5.

B.

"Premises" includes the actual building, as well as any accessory structures, parking areas, or other immediate surroundings.

C.

Other words and phrases contained in this chapter specifically relating to the operation of medical marijuana collectives shall be defined as set forth in California Health and Safety Code Section 11362.5 et seq. and as may be amended from time to time.

(Ord. No. 346, 11-9-2010)

A medical marijuana collective use application shall include an operating plan, which outlines the proposed collective business operations in detail.

A.

The operating plan shall specifically outline how the collective will provide adequate security on the premises, including lighting and alarms, to ensure the safety of persons and protect the premises from theft, as approved by the sheriff.

B.

The operating plan shall specify the specific size of the location of collective.

C.

The operating plan shall specify the maximum number of employees that shall be employed by the collective at one time on the premises.

D.

The operating plan shall provide specific details on the policies and procedures for record keeping for the members of the collective.

E.

Times and days the collective will be open to members and other activity that may occur at the location required for operation.

F.

Any other relevant information regarding the operation of the proposed medical marijuana collective use.

(Ord. No. 346, 11-9-2010)

Each and every use permit approved for medical marijuana collective uses as contained in the chapter will contain the following conditions:

A.

A medical marijuana collective approved under this chapter shall be operated in conformance with the approved operating plan and shall meet any specific, additional operating procedures and measures that

may be imposed as conditions of approval to insure that the operation is consistent with protection of the health, safety and welfare of the community, qualified patients, and primary caregivers, and will not adversely affect surrounding uses.

B.

The collective shall require a current and valid physician's written recommendation in compliance with state law and shall implement the approved procedures and policies for verifying the identification for any person entering the site.

C.

A collective shall not cultivate or distribute medical marijuana for profit. A collective may receive compensation for its actual expenses, including reasonable compensation for services provided, or for payment of out-of-pocket expenses incurred in providing those services.

D.

Notwithstanding, a use permit approved may be revoked or modified at any time following public hearing in accordance with chapter 18.140 of this title.

E.

The following language shall be included on the recorded document: "This use permit does not in any way permit illegal activity or provide immunity from prosecution. By granting this use permit, the county is

regulating land use and does not warrant that the operation (or manner of operation) of this collective is not in violation of state or federal law."

(Ord. No. 346, 11-9-2010)

All use permits issued for medical marijuana collective uses shall be limited-term, and shall be issued for a period of one year and shall contain the following provision: "This permit is a limited-term permit and shall expire one year after the date of issuance. In addition, this permit shall be subject to revocation or modification following a public hearing if the approving body finds that there has been a violation or noncompliance with the operating plan or any of the use permit conditions, or if the use for which this permit is hereby granted constitutes a nuisance."

(Ord. No. 346, 11-9-2010)

The property owner and applicant, if other than the property owner, shall sign the application for the use permit, and shall include affidavit(s) agreeing to abide by and conform to the conditions of the use permit and all provisions of the Modoc County Code pertaining to the establishment and operation of the medical marijuana collective use including, but not limited to, the provisions of this chapter. The affidavit(s) shall acknowledge that the approval of the medical marijuana collective use permit shall in no way permit any activity contrary to this Code or in violation of applicable state laws.

(Ord. No. 346, 11-9-2010)

Use permits issued for medical marijuana collective uses shall be exercised only by the applicant, who must be a qualified patient or primary caregiver, and shall expire upon termination of the business for which it was issued, or upon sale or transfer of ownership of the medical marijuana collective.

A.

All use permits issued for medical marijuana collective uses shall include the following provision: "This use permit shall expire upon change of tenancy or sale or transfer of the business or property." Any use permit that is abandoned for a period of 90 days shall automatically expire, and shall become null and void with no further action required on the part of the county.

(Ord. No. 346, 11-9-2010)

Use permits issued for medical marijuana collective uses are limited-term and therefore must be renewed annually prior to the date of expiration.

A.

The planning director may approve the annual renewal of the use permit, not to exceed a total of five years, from original date of issuance if the application requesting renewal was received 60 days prior to the expiration date and all of the following findings are made:

1.

The use has been conducted in accordance with this chapter, with the approved operating plan, and with all applicable use permit conditions of approval and state laws.

2.

The business for which the use permit was approved has not been transferred to another owner or operator.

3.

An annual audit of the collective has been conducted by the planning department to verify compliance permit conditions, with emphasis on proper implementation of record keeping procedures.

4.

There are no outstanding code enforcement violations.

5.

All required fees have been paid.

(Ord. No. 346, 11-9-2010)

Medical marijuana collectives shall have to meet the following location specifications:

A.

A medical marijuana collective shall not be established on any parcel containing a dwelling unit used as a residence, nor within 300 feet of a residential zoning district.

B.

A medical marijuana collective shall not be established within 1,000 feet of any other medical marijuana collective.

C.

A medical marijuana collective shall not be established within 1,000 feet from any public school, park or an establishment, public or private, that caters to or provides services primarily to persons under 18 years of age.

D.

Notwithstanding, the subsections 18.170.100A.—C. may be waived by the planning commission when the applicant can show that an actual physical separation exists between land uses or parcels such that no offsite impacts could occur.

(Ord. No. 346, 11-9-2010)

18.170.110 - General development standards and operation criteria.

The following are the minimum development standards and operational criteria applicable to any medical marijuana collective use:

A.

The building in which the collective is located shall comply with all applicable local and state rules, regulations, and laws including, but not limited to, building codes and accessibility requirements.

B.

The collective shall provide adequate security on the premises, including lighting and alarms, to insure the safety of persons and to protect the premises from theft. The operational plan shall include a detailed description of proposed security measures.

C.

The membership of a collective shall not exceed 300 members at any one time, unless otherwise approved by the planning commission and specifically stated in the use permit.

D.

Medical marijuana shall not be grown at collective sites.

E.

Option: Cuttings of the marijuana plant may be kept or maintained on-site for distribution to qualified patients and primary caregivers in a manner contained within the operating plan and use permit:

1.

For the purposes of this section, the term "cuttings" shall mean rootless pieces cut from marijuana plants, which are no more than six inches in length, and which can be used to grow other plants in a different location.

F.

No exterior signage or symbols shall be displayed which advertises the availability of marijuana, nor shall any such signage or symbols be displayed on the interior of the facility in such a way as to be visible from the exterior.

G.

A collective shall not have operators or employees who are not qualified patients or primary caregivers meeting all terms and conditions of applicable law.

H.

Members of the collective must be residents of Modoc County.

I.

A collective may possess medical marijuana at its facility only in the cumulative amount that each qualified patient or primary caregiver served is allowed to possess under Health and Safety Code Section 11362.77, as may be amended from time to time.

J.

No person shall be allowed onto the premises unless they are a primary caregiver and/or a qualified patient, in strict accordance with California Health and Safety Code Section 11362.5 et seq.

K.

No person under the age of 18 shall be allowed on the premises.

L.

All persons entering the collective site will be required to provide identification and shall establish proof of a valid and current doctor's recommendation. The operating plan shall specify how this provision will be complied with and enforced.

M.

No collective shall hold or maintain a license from the state department of alcoholic beverage control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises.

N.

No collective shall conduct or engage in the commercial sale of any drug paraphernalia, products, goods or services unless otherwise approved by the use permit.

O.

No marijuana shall be smoked, ingested or otherwise consumed on the premises.

P.

No recommendations for use of medical marijuana shall be issued on-site, and the collective shall not have a physician on-site to evaluate patients unless specifically approved by the use permit.

Q.

Collective sales shall be subject to sales tax in a manner required by state law. An operator of a collective shall be required to apply for and obtain a seller's permit, as required by the state board of equalization.

R.

Medical marijuana distributed by a collective shall be acquired, possessed and distributed only from the constituent members. Distribution to nonmembers is prohibited.

S.

The use permit shall specifically define the size of the collective operation. No collective may increase in size without amending the use permit.

T.

Collective operating days and hours shall be limited to Monday through Saturday from 8:00 a.m. to 5:00 p.m., or as otherwise approved by the use permit. Operating hours may be further restricted through the use permit process where needed to provide land use compatibility.

U.

A collective use permit applicant, his or her agent, employees, and/or volunteer workers, shall not have been convicted of, or be on probation or parole for, the sale or distribution of a controlled substance or be convicted of a felony.

1.

Background investigations shall be completed at the cost of the applicant/operator and approved by the Modoc County Sheriff, verifying whether the applicant, his or her agent, employees, and/or volunteer workers, have been convicted of a crime(s), the nature of such offense(s), and the sentence(s) received therefore. The applicable individual shall sign a release and waiver for each background investigation.

2.

The following information shall be provided in order to perform the background investigation specified herein:

a.

The individual's name, address, phone number, date of birth, fingerprints and driver's license or identification card number.

b.

A list of each criminal conviction of the individual, whether such conviction was by verdict, plea of guilty, or plea of nolo contendere. If there are past convictions, the list shall, for each conviction, set for the date of arrest, the offense charged, and the offense of which the applicant was convicted.

c.

Such other information as may be required that is consistent with this chapter, Modoc County Code, and applicable law.

(Ord. No. 346, 11-9-2010)

Application and renewal fees shall apply to use permits for medical marijuana collective uses that shall be adopted in accordance with section 18.162.010 of this title.

(Ord. No. 346, 11-9-2010)

The owner(s), permittee(s) and members of each collective shall indemnify and hold harmless the county and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by adjacent or nearby property owners or other third parties due to the operations at the collective, and for any claims brought by any of their clients for problems, injuries, damages or liabilities of any kind that may arise out of the distribution and/or offsite use of medical marijuana as provided in a form as outlined by the applicable use permit.

(Ord. No. 346, 11-9-2010)

If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason held unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. No. 346, 11-9-2010)

Chapter 18.175 - MARIJUANA CULTIVATION[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 349-D, adopted May 8, 2018, amended ch. 18.175 in its entirety to read as herein set out. Former ch. 18.175, §§ 18.175.010—18.175.060, pertained to medical marijuana cultivation, and derived from Ord. No. 349-C, §§ 1A—C, 2A, 3, 4, adopted Dec. 16, 2013.

The board of supervisors finds as follows:

1.

In 1996, the voters of the State of California approved Proposition 215 which was codified as Health and Safety Code Section 11362.5, and entitled "The Compassionate Use Act of 1996."

2.

The intent of the Act was to enable persons who are in need of marijuana for medical puiposes to legally obtain and use it without fear of criminal prosecution under limited, specified circumstances.

3.

This ordinance is enacted, consistent with Health and Safety Code Section 11362.7 et seq., to protect the public health, safety and welfare of Modoc County residents from the negative effects of commercial marijuana cultivation, marijuana processing, and marijuana dispensaries.

4.

In 2004, Senate Bill 420 was enacted, codified as California Health and Safety Code Section 11362.7, et seq. and entitled the "Medical Marijuana Program Act," to clarify the scope of the Act and allow cities and counties to adopt and enforce rules and regulations consistent with its provisions.

5.

On October 9, 2015, Governor Jerry Brown signed the "Medical Marijuana Regulation and Safety Act" ("Act") into law. The Act became effective on January 1, 2016, and contains new statutory provisions regarding marijuana cultivation and distribution.

6.

The Act does not supersede or limit local authority for local law enforcement activity, enforcement of local ordinances, or enforcement of local permit or licensing requirements regarding marijuana (Business and Professions Code Section 19315(a));

7.

The Act does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government's right to make and enforce within its limits all police regulations not in conflict with general laws (Business and Professions Code Section 19316(c);

8.

On November 8, 2016, California Voters approved Proposition 64 allowing for the adult use of marijuana for recreational purposes, without the need for a doctor's recommendation, and set limits on the amount of marijuana that may be possessed and where marijuana may be consumed.

9.

State law allows local governments to enact ordinances expressing their intent to prohibit the commercial cultivation of marijuana and their intent not to administer a conditional permit program pursuant to Health and Safety Code Section 11362.777 for the cultivation of marijuana (Health and Safety Code Section 11362.777(c)(4);

The board of supervisors finds that this chapter: (1) expresses its intent to prohibit the commercial cultivation of marijuana in the County and to not administer a conditional permit program pursuant to Health and Safety Code Section 11362.777 for the cultivation of marijuana in the county; (2) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; (3) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the county and its community; (4) expressly prohibits the commercial cultivation, sale, dispensing of medical marijuana in the county; and (5) regulates personal cultivation for medical and recreational users consistent with state law.

11.

The county has adopted a zoning ordinance identified as title 18 (zoning) of the Modoc County Code.

12.

That prior to the enactment of this section, there were no adopted rules and regulations specifically applicable to the cultivation of marijuana and the lack of such controls could lead to a proliferation of marijuana cultivation and the inability of the county to regulate this land use.

13.

That based on the adverse secondary impacts that have occurred and the lack of any regulatory program in the county regarding the cultivation of marijuana; it is reasonable to conclude that negative effects on the public health, safety, and welfare may occur in the county as a result of the proliferation of large-scale, unregulated marijuana cultivation and the lack of appropriate regulations governing the establishment and operation of such land uses.

14.

That unregulated large scale marijuana cultivation has rapidly increased in the county which increases the risk of criminal activity and the degradation of the natural environment.

15.

That some marijuana grows are occurring on unattended private lands as well as residential areas without owner consent and have been the subject of criminal activities and violations that have threatened the safety and property of nearby land owners and their families.

16.

That in some cases, people protecting the marijuana cultivation operations have been armed and constitute a threat to others who may attempt to use land in the vicinity of the operations.

17.

That some growers are indiscriminately using chemicals and cultivation practices that are causing damage to wildlife and contamination to soil and water sources.

That some growers are clearing land without regard to the consequences resulting in the removal of vegetation, including timber, which leads to soil erosion and siltation of waterways.

19.

That indoor cultivation of substantial amounts of marijuana within a residence presents potential health and safety risks to those living in the residence, especially to children, including risk of fire from lighting systems, exposure to chemicals and exposure to property crimes as the plants themselves may be an attractive nuisance.

20.

Children are particularly vulnerable to the effects of marijuana use and the presence of marijuana plants in close proximity to sensitive areas where children might be present could present an unreasonable hazard or adversely affect the health, safety and welfare of children.

21.

That the county has a compelling interest in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods, and in providing access to marijuana consistent with the intent of the Act.

(Ord. No. 349-D, 5-8-2018)

A.

The Modoc County Board of Supervisors hereby intends to regulate the cultivation of marijuana including without limitation, regulations as to location, number of plants, separation from sensitive areas, use of fencing and screening, lighting, to accommodate the needs of qualified patients, and their primary caregivers, and recreational users in furtherance of the public necessity, health, safety, convenience, and general welfare.

B.

This section is established to regulate marijuana cultivation in a manner that mitigates potential impacts on surrounding properties and persons and that is in conformance with the provisions of California Health and Safety Code. Health and Safety Code Section 11362.777 expressly allows local governments to adopt and enforce ordinances which express their intent to prohibit the commercial cultivation of marijuana and their intent not to administer a conditional permit program.

(Ord. No. 349-D, 5-8-2018)

When used in this chapter, the words or phrases shall be defined as the following:

"County" means the County of Modoc.

2.

"Commercial cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis for medical use, including nurseries, that is intended to be transported, processed, manufactured, distributed, dispensed, delivered, or sold in accordance with the Medical Marijuana Regulation and Safety Act (MMRSA) for use by medical marijuana patients or recreational cannabis users in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.

3.

"Cultivate" or "cultivation" is the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants, including nurseries, or any part thereof in any location.

4.

"Cultivation area" is the area wherein all portions of cultivation, including the entire marijuana plant canopy. Cultivation areas shall only be allowed as an accessory use to a residence located on the same parcel.

5.

"Enforcement officer" means the planning director or designee. The Modoc County Sheriff or designee may also serve concurrently as the enforcement officer of this provision of this title with the approval of the planning director. Nothing in this provision shall be construed to limit the authority provided to the Modoc County Sheriff by state or federal law.

6.

"Indoor cultivation" shall mean cultivation within a lawfully permitted detached structure, not built or intended for human occupancy, which is accessory to a residence located on the same parcel. The detached accessory structure must be fully enclosed and secure against unauthorized entry and constructed of solid materials that cannot be easily broken through, otherwise the cultivation will not be considered indoor cultivation.

7.

"Marijuana" shall have the same definition as in California Health and Safety Code Section 11018 as it now reads or subject to any successor amendments. Marijuana shall mean any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term "marijuana" shall also include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the attorney general for the State of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996)

or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act). Marijuana and cannabis shall be used interchangeable throughout.

8.

"Marijuana dispensary" or "marijuana dispensaries" means any business, office, store, facility, location retail storefront or wholesale component of any establishment, cooperative or collective that delivers (as defined in Business and Professions Code Section 19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the attorney general for the State of California, or for the purposes set forth in California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

9.

"Medical marijuana collective" or "cooperative or collective" means any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the attorney general for the State of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

10.

"Parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (commencing with Section 66410 of the Government Code.)

11.

"Primary caregiver" shall have the same definition as in California Health and Safety Code Section 11362.7 et seq. as it now reads or as amended.

12.

"Processing" means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates.

13.

"Qualified patient" shall have the same definition as California Health and Safety Code Section 11362.7 et seq. as it now reads or as amended.

14.

"Residence" means a domicile properly permitted for human occupancy and habitable at the time of cultivation on the same parcel.

15.

"Sensitive uses" are those uses considered to be sensitive to the cultivation of marijuana and as such should be separated from cultivation by a distance equal to or greater than 1,500 feet as measured from the property line of where the sensitive use is located to the property line of the cultivation area. Sensitive uses include public schools, parks, daycare facilities, youth centers, churches, school bus stops, or any establishment, public or private, that caters primarily to persons under 18 years of age, as set forth in California Health and Safety Code Section 11362.3.

16.

"Sheriff" means the Modoc County Sheriffs Office or authorized representatives thereof.

(Ord. No. 349-D, 5-8-2018)

18.175.040 - Nuisance declared.

A.

Any person owning, leasing, occupying or having charge or possession of any parcel of land within the unincorporated area of the county who causes or allows such parcel of land to be used for the cultivation of marijuana in violation of the provisions contained herein or any provisions set forth in Division 10 of the Health and Safety Code of the State of California shall be in violation of this code and subject to chapter 8.20 (nuisance abatement) and/or chapter 18.158 (enforcement) of the Modoc County Code.

B.

The cultivation of marijuana plants, either within a residence which is being used for human habitation, in greenhouses, or in non-detached un-permitted structures, or any combination of those, on any parcel, or in any other way not in conformance with the provisions of this section is hereby declared to be a public nuisance that may be abated in accordance with chapter 8.20 (nuisance abatement and civil and criminal penalties for code violations) or [chapter] 18.158 (enforcement) of the Modoc County Code, and by any other available by law. The provision of chapter 18.154 (nonconforming uses and structures) of the Modoc County Code shall not apply to the cultivation of marijuana plants hereby declared to be a public nuisance.

C.

Cultivation is prohibited within the unincorporated area of the county except as an accessory use to a properly permitted residence, so long as the cultivation is taking place in a properly permitted ancillary detached structure that is locked and not opened to the public.

D.

The person(s) cultivating marijuana on any legal parcel shall be the owner of and residing in a lawfully constructed structure on the property. However, if the person(s) cultivating the marijuana is not the legal owner(s) of the parcel, such person(s) shall submit a notarized letter from the legal owner(s) consenting to

the cultivation of marijuana on the parcel, in which case the person(s) cultivating the marijuana must reside on the property in a lawfully constructed structure. The notarized letter shall contain a provision that states "the owner of the parcel will be responsible for any and all administrative penalties owed the county and not paid by the lessee for violations of any of the provisions of section 18.175 et seq. of the Modoc County Code."

E.

A primary caregiver may cultivate a maximum of six medical marijuana plants on behalf of a qualified patient(s), but only at the qualified patient's primary residence and/or at the primary caregiver's primary residence, and only in conformance with all applicable state and local regulations and all limitations set forth in this section. There shall be no more than six plants allowed on any parcel.

F.

Cultivation is limited to a maximum of six marijuana plants per parcel, regardless of whether the use of the marijuana is for medical or recreational purposes.

G.

Cultivation within a residence or any other structure lawfully used or intended for human occupancy is prohibited. Indoor cultivation may only occur within a properly permitted, detached structure that is accessory to and located on the same parcel as the residence and in accordance with the definition of indoor cultivation as provided herein.

H.

Cultivation areas must be a minimum of 1,500 feet from sensitive uses, as defined herein. Measurement shall be in a straight line from the boundary line of the premises upon which marijuana is cultivated to the boundary line of the premises upon which the sensitive use is occurring.

I.

Chemicals, fertilizers, or any other products or equipment associated with the cultivation of marijuana shall be used, stored and disposed of in a manner consistent with the manufacturer's instructions and/or any law that governs same. All gas products (CO[2 ] , butane, etc.) are prohibited.

J.

Marijuana cultivation shall not adversely affect the health, safety, or general welfare of persons at the cultivation site or at any nearby property by creating dust, glare, heat, noise, noxious gasses, toxic substances, odor, smoke, traffic, or vibration.

K.

Commercial marijuana cultivation, marijuana processing, and marijuana dispensaries shall be prohibited activities in the county, except where the county is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of

commercial marijuana cultivation, commercial marijuana processing, or the establishment or operation of a marijuana dispensary in the county, and no person shall otherwise establish or conduct such activities in the county, except where the county is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.

L.

Delivery and transportation of marijuana must strictly comply with Chapter 8 sections 26080 and 26090 of Proposition 64. Transportation or deliveries not in compliance with state law are prohibited.

M.

Lights used for indoor cultivation shall comply with all applicable laws, including, but not limited to, restrictions on the use of lights or lighting that interferes with the use of any radio or other communication device.

(Ord. No. 349-D, 5-8-2018)

Violations of chapter 18.175 et seq. of the Modoc Municipal Code is a nuisance and shall be subject to chapter 8.20 (nuisance abatement and civil and criminal penalties for code violations) or [chapter] 18.158 (enforcement) of the Modoc County Code, and by any other means available by law. Furthermore, in the performance of his or her function, the enforcing officer is authorized to request and inspect any evidence that serves to confirm compliance with any or all provisions of this section, including, but not limited to, the following: (1) original documents or other evidence establishing the qualified patient or primary caregiver status of the person or persons involved in the cultivation; (2) legal residence of the person or persons involved in the cultivation; (3) verification of the place of residence of all qualified patients for whom a primary caregiver is cultivating pursuant to Health and Safety Code Section 11362.7(d).

(Ord. No. 349-D, 5-8-2018)

The county board of supervisors finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment.) In addition to the foregoing general exemptions, the following categorical exemptions apply: Sections 15308 (actions taken as authorized by local ordinance to assure protection of the environment) and 15321 (action by agency for enforcement of a law, general rule, standard, or objective administered or adopted by the agency, including by direct referral to the county counsel as appropriate for judicial enforcement.)

(Ord. No. 349-D, 5-8-2018)