Article 7 — PLANNED DEVELOPMENTS

Sec. 9-2.701. - Purpose.

(a)

A planned development permit provides a mechanism for:

(1)

Diversification in the relationships of structures, lot sizes and open spaces in a planned fashion; and

(2)

Clustering of dwelling and commercial units;

(3)

Multiple construction of dwelling units;

(4)

Multiple installation of manufactured homes;

(5)

Establishment of convenience commercial areas as integral parts of residential developments;

(6)

Overall development plans for recreation-oriented residential developments;

(7)

Common interest developments, for which it may serve as a governing document;

(8)

Modifications or exceptions, including transfers of density, from the zoning and subdivision requirements.

(b)

When a planned development is used for modifications or exceptions from the zoning and subdivision requirements, including transfers of density, it shall be justified by achieving an integrated plan which reduces adverse social or environmental effects; or to accomplish a common interest development.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 5, Ord. 86-623, eff. February 6, 1986, Ord. 86643, eff. November 6, 1986, § 1, Ord. 94-830, eff. May 12, 1994, Exh. A, § 3, Ord. 873, eff. October 31, 1996, and § 5, Ord. 99-924, eff. November 11, 1999)

(a)

Applications. Applications for planned development permits which includes uses for which a special use permit normally would be required either shall include an application for a special use permit or shall provide for that use through any of the actions set forth in subsection 9-2.701(a) with justification as needed as set forth in subsection 9-2.701(b) above.

(b)

Processing time. The Planning Director shall determine if an application is complete within thirty (30) days after the receipt of the application.

If an application is determined to not be complete, the applicant shall make the application complete within one year from the date on which the application was determined to not be complete, or the application shall be considered withdrawn.

Upon completion of the appropriate environmental review, an application shall be scheduled for the next regularly scheduled hearing for which the application can be scheduled while meeting all requirements for notice.

(c)

Hearings.

(1)

Scheduling. The Zoning Administrator shall hold a public hearing on each application for a planned development permit and shall give notice of such hearing as set forth in Article 11.5 of this chapter.

(2)

Findings. In approving an application for a planned development permit, the following findings shall be made:

(i)

That the applicant intends to complete the development within a reasonable time and that any development phasing is a condition of approval;

(ii)

That the proposed planned development conforms to the General Plan; and

(iii)

That any modification or exception from the zoning and subdivision requirements, including density transfer, is justified to achieve an integrated plan which reduces adverse social or environmental impacts, or is part of a common interest development.

(iv)

If any exceptions from the provisions of this Code which implement the SRA Fire Safe Regulations are required, that the requirements of Section 9-9.202 of Article 2 of Chapter 9 of Title 9 of this Code are met.

(3)

Conditions. The violation of any condition of a planned development permit shall be a violation of the provisions of this chapter and shall be punishable as set forth in Article 12 of this chapter.

(d)

Issuance. Following the approval of a planned development by the County, the Planning Director shall issue a planned development permit, and a special use permit if appropriate, and shall notify the Building Official

of the conditions governing the issuance of a building permit. The planned development permit shall be recorded. It shall be the duty of the Planning Director to ascertain that the planned development is undertaken and completed in conformance with the plans approved by the County.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 3, Ord. 85-607, eff. June 13, 1985, Ord. 86-643, eff. November 6, 1986, § 1, Ord. 89-719, eff. November 2, 1989, § 1, Ord. 91-762, eff. October 3, 1991, § 1, Ord. 94-828, eff. March 31, 1994, § 2, Ord. 94-830, eff. May 12, 1994, and Exh. A, § 3, Ord. 873, eff. October 31, 1996)

Sec. 9-2.703. - Revocation.

The Board may revoke a planned development permit or modify the original conditions for failure to comply with any of the conditions imposed or upon evidence of misrepresentation in the issuance of the planned, development permit. The abatement and removal of facilities, if required by such revocation, shall be at the expense of the permittee.

(§ 3, Ord. 84-593, eff. January 3, 1985)

(a)

Application of amendment of a planned development permit shall be made by the owners of a majority of the lots subject to the planned development permit unless other provision for amendment application is made in the planned development permit. Other provisions that shall be acceptable are:

(1)

Application by a majority of the owners of the lots subject to the planned development permit;

(2)

Application by the owners of the majority of the area subject to the planned development permit;

(3)

Application by the governing body of an incorporated entity created for the purpose of managing the project or common interest development subject to the planned development permit;

(4)

Application by the governing body of an unincorporated entity, such as an association, created for the purpose of managing the project or common interest development subject to the planned development permit;

(5)

Application by the original permittees, their heirs or designees, if holding an interest in the project.

(b)

For the purposes of this section, where any of the following are subject to a planned development permit, the enumerated component shall be the equivalent of a lot.

(1)

A right of exclusive occupancy of an apartment in a community apartment project;

(2)

An interest in a unit of a condominium project;

(3)

A right of exclusive occupancy in a portion of the real property in a stock cooperative;

(4)

A right to the recurrent, exclusive use or occupancy of a lot, parcel, unit or segment of real property on a periodic basis for a period of time allotted from the use or occupancy periods into which the project has been divided in a time share project.

(Exh. A, § 13, Ord. 873, eff. October 31, 1996)

Article 8. - VARIANCES

Sec. 9-2.801. - Purpose.

The purpose of variances is to vary or modify the strict application of any of the provisions of this chapter when the strict application would deprive the property of privileges enjoyed by other property in the same vicinity and zone but not to permit those uses not permitted by the zone.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Sec. 9-2.802. - Applications.

(a)

Any person requesting a variance shall be the legal owner or the legal representative of the owner of the property and shall file an application with the Planning and Development Agency.

(b)

The applicant shall present adequate evidence showing:

(1)

That there are special circumstances applicable to the property under which the strict application of the provisions of this chapter would deprive the property owner of privileges enjoyed by other property owners in the vicinity;

(2)

That the special circumstances do not apply generally to other properties in the same zone;

(3)

That the variance is necessary for the preservation and enjoyment of the substantial property rights of the applicant;

(4)

That the granting of the variance would not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety, and general welfare;

(5)

If any exceptions from the provisions of this code which implement the SRA Fire Safe Regulations are requested, that the requirements of Section 9-9.202 of Article 2 of Chapter 9 of this Title will be met; and

(6)

Shall include a statement of the intent of the applicant to proceed with the use within nine (9) months after the issuance of the variance.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 91-762, eff. October 3, 1991)

Sec. 9-2.803. - Processing time.

The Planning Director shall determine if an application for a variance is complete within thirty (30) days after the receipt of the application.

If an application is determined to not be complete, the applicant shall make the application complete within one year from the date on which the application was determined to not be complete, or the application shall be considered withdrawn.

Upon completion of the appropriate environmental review, an application shall be scheduled for the next regularly scheduled hearing for which the application can be scheduled while meeting all requirements for notice.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 89-719, eff. November 2, 1989)

Sec. 9-2.804. - Investigations.

The Zoning Administrator shall investigate each application for a variance to assure that the proposal in each application is consistent with the intent and purposes of the provisions of this chapter.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Sec. 9-2.805. - Hearings.

(a)

Notices. The Zoning Administrator shall hold a public hearing on each application for a variance and shall give notice of such hearing as set forth in Article 11.5 of this chapter.

(b)

Hearings. The Zoning Administrator may hear facts from any person appearing and may consider written communications relative to the application.

(c)

Decisions. The Zoning Administrator, within forty (40) days after the close of the hearing, shall make a decision, unless an extension is granted for good cause or with the mutual consent of the applicant.

(d)

Findings. In granting a variance the Zoning Administrator shall make the following findings:

(1)

That there are special circumstances applicable to the property under which the strict application of the provisions of this chapter would deprive the property of privileges enjoyed by other property in the vicinity and that such circumstances do not apply generally to other properties in the same zone;

(2)

That the variance is necessary for the preservation and enjoyment of the substantial property rights of the applicant;

(3)

That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety, or general welfare;

(4)

That the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same vicinity and zone;

(5)

If any exceptions from the provisions of this code which implement the SRA Fire Safe Regulations are requested, that the requirements of Section 9-9.202 of Article 2 of Chapter 9 of this title are met; and

(6)

That the variance will not permit uses not permitted by the zone.

(e)

Conditions. The Zoning Administrator, in granting any variance, may require conditions under which the variance will be granted. Any such condition, as required, shall be complied, and the violation of such

conditions shall result in the revocation of the permission granted by the variance, and shall be considered a violation of the provisions of this chapter and shall be punishable as set forth in Article 12 of this chapter.

All variances shall carry the following conditions:

(1)

That the necessary work commence within nine (9) months and the completion of the work within eighteen (18) months;

(2)

That any work done shall conform with the approved plans as specified in the variance; and

(3)

That the violation of any such condition shall be a violation of the provisions of this chapter and shall be punishable as set forth in Article 12 of this chapter.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by s 4, Ord. 85-607, eff. June 13, 1985, § 1, Ord. 91762, eff. October 3, 1991, and § 1, Ord. 94-828, eff. March 31, 1994)

Article 9. - AMENDMENTS

Sec. 9-2.901. - Authorized.

The provisions of this chapter may be amended by changing the boundaries of the zones or by changing any provision of this chapter whenever the public necessity, convenience, and general welfare require such amendment.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Sec. 9-2.902. - Initiation.

(a)

Amendments to boundaries of zones may be initiated by:

(1)

The verified petition of one or more of the owners of property affected by the proposed amendment, which petition shall be filed with the Planning Department; or

(2)

A resolution of intention adopted by the Board; or

(3)

A resolution of intention adopted by the Commission.

(b)

Amendments to any provision of this chapter may be initiated by:

(1)

The verified petition of one or more of the owners of property affected by the proposed amendment, which petition shall be filed with the Planning Department; or

(2)

A resolution of intention adopted by the Board; or

(3)

A resolution of intention adopted by the Commission.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 6, Ord. 86-623, eff. February 6, 1986, and Exh. A, § 4, Ord. 873, eff. October 31, 1996)

Sec. 9-2.903. - Processing time.

The Planning Director shall determine if an initiated amendment is complete within thirty (30) days after the receipt of the amendment.

If an amendment is determined to not be complete, the applicant shall make the amendment complete within one year from the date on which the amendment was determined to not be complete, or the application shall be considered withdrawn.

Upon completion of the appropriate environmental review, an initiated amendment shall be scheduled for the next regularly scheduled hearing for which the application can be scheduled while meeting all requirements for notice.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 1, Ord. 89-719, eff. November 2, 1989)

Sec. 9-2.904. - Resolutions of intention: Conditions, stipulations, or limitations.

The Board, in adopting a resolution of intention to reclassify all or a portion of the property included in the proposed change or amendment, as a prerequisite to final action, may include any conditions, stipulations, or limitations which the Board may find are necessary in the public interest. The fulfillment of all such conditions, stipulations, and limitations set forth in such resolution on the part of the applicant shall make such resolution a binding commitment on the Board. The failure of the applicant to meet any or all of such conditions, stipulations, or limitations set forth in such resolution, including the time limit placed in the resolution, shall render the resolution of intention to reclassify null and void, unless an extension is granted by the Board upon the recommendation of the Commission.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Sec. 9-2.905. - Planning Commission hearings: Notices.

The Planning Director shall give notice of the hearing as set forth in Article 11.5 of this chapter.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 5, Ord. 85-607, eff. June 13, 1985)

Sec. 9-2.906. - Planning Commission recommendations.

(a)

After the hearing the Commission shall render its decision in the form of a written recommendation to the Board.

(b)

The recommendation shall include the reasons for the recommendation and the relationship of the amendment to the General Plan.

(c)

The recommendation shall be transmitted to the Board in a form and manner specified by Section 2-2.108 of Article 1 of Chapter 2 of Title 2 of this Code.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 5, Ord. 85-607, eff. June 13, 1985; § 4, Ord. 051026, adopted March 29, 2005)

Sec. 9-2.907. - Board of Supervisors hearings: Notices.

(a)

Hearings.

(1)

Upon the receipt of the recommendation of the Commission, the Board shall hold a public hearing; however,

(2)

If the matter under consideration is an amendment to change property from one zone to another, and the Commission has recommended against the adoption of the amendment, the Board shall not be required to take any further action on the amendment unless appealed as set forth in Article 10 of this chapter.

(b)

Notices. Notice of the hearing shall be given as set forth in Article 11.5 of this chapter.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 5, Ord. 85-607, eff. June 13, 1985)

Sec. 9-2.908. - Board of Supervisors decisions.

(a)

Decisions. The Board may approve, modify, or disapprove the recommendation of the Commission.

(b)

Referral by the Board.

(1)

Any modification of the proposed amendment by the Board not previously considered by the Commission during its hearing shall first be referred to the Commission for a report and recommendation.

(2)

The Commission shall not be required to hold a public hearing on the referred modification.

(3)

The failure of the Commission to report within forty (40) days after the reference, or such longer period as may be designated by the Board, shall be deemed to be approval of the proposed modification.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 5, Ord. 85-607, eff. June 13, 1985)

Article 10. - APPEALS

Sec. 9-2.1001. - Authorized.

All decisions of the Planning Director, Zoning Administrator, or the Planning Commission may be appealed in writing to the Clerk of the Board of Supervisors, in the manner specified by this Article, within ten (10) calendar days after the decision by the Planning Director, Zoning Administrator, or the Planning Commission, except amendments to the General Plan or zoning ordinance which shall be filed within five (5) calendar days by:

(a)

The applicant;

(b)

Any owner of real property within 300 feet of the exterior boundaries of the property involved who was present at the original hearing or who presented written testimony before the Zoning Administrator or the Planning Commission, or who may be adversely affected by the decision of the Planning Director;

(c)

Such other person whom the Board determines to have been adversely affected by the decision; or

(d)

Any County department head whose department has an interest in the decision.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by Ord. 86-643, eff. November 6, 1986, and § 1, Ord. 91-759, eff. August 1, 1991; Ord. 2009-1071, § 1, adopted September 15, 2009)

Sec. 9-2.1002. - Filing: Fees.

Appeals shall be filed with the Clerk of the Board of Supervisors, paying the fee. An appeal shall only be filed on the official form provided by the Clerk of the Board of Supervisors together with such additional information as may be necessary. A statement of appeal shall include, but not limited to:

(a)

Identification of the project and the decision of the Planning Director, Zoning Administrator, or Planning Commission action which is the basis of the appeal.

(b)

A statement of the reasons for the appeal. Such reasons shall be based upon the evidence presented to the Zoning Administrator or Planning Commission at the original hearing, or upon evidence presented to the Planning Director at the time of his/her decision, or shall be based on evidence of adverse effects on the appellant, if not the applicant, of the decision of the Planning Director. The failure of the appellant to present such reasons shall be deemed cause for the denial of the appeal.

(c)

A statement of the specific provisions which are being appealed.

(d)

A statement of the changes or action requested of the Board of Supervisors.

(e)

A summation of the arguments to be raised by the appellant.

(f)

Identification of the appellant.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by Ord. 86-643, eff. November 6, 1986, and § 1, Ord. 91-759, eff. August 1, 1991; Ord. 2009-1071, § 1, adopted September 15, 2009)

Sec. 9-2.1003. - Hearings: Notices.

Notices of hearings on appeals from decisions of the Planning Director, Zoning Administrator or the Planning Commission shall be given by the Clerk of the Board, as provided in Article 11.5 of this chapter with the appellant considered to have filed a written request for notice as provided for in Section 9-2.1153 of that article.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by Ord. 86-643. eff. November 6, 1986, and § 1, Ord. 91-759, eff. August 1, 1991; Ord. 2009-1071, § 1, adopted September 15, 2009)

Sec. 9-2.1004. - Jurisdiction of the Board of Supervisors.

The Board may assume the jurisdiction of any matter which may be decided by the Planning Director, Zoning Administrator or the Planning Commission by a simple majority vote of the quorum at any time prior to a decision. Upon the assumption of jurisdiction by the Board, a hearing shall be scheduled and notice shall be given by the Clerk of the Board as provided in Article 11.5 of this chapter.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by Ord. 86-643, eff. November 6, 1986; Ord. 20091071, § 1, adopted September 15, 2009)

Sec. 9-2.1005. - Stay of Planning Director, Zoning Administrator, or Planning Commission's Action.

The filing of such an appeal within the above stated time limits shall stay the effective date of the Planning Director, Zoning Administrator, or Planning Commission's Action until the Board of Supervisors has acted upon the appeal.

(Ord. 2009-1071, § 2, adopted September 15, 2009)

Sec. 9-2.1006. - Application.

The provisions of this article apply to all appeals of land use applications and the action taken thereon by the Planning Director, Zoning Administrator, or Planning Commission. Additionally, the Board of Supervisors may use the provision of this article in conducting public hearings on other land use matters before them.

(Ord. 2009-1071, § 2, adopted September 15, 2009)

Sec. 9-2.1007 - Hearing procedures

At the time and place set for any hearing as provided for herein, the Board of Supervisors shall conduct any such appeal hearing as a full hearing de novo on the project, with the right to limit to the issues that may be raised, or the evidence that may be received. Any such hearing shall be conducted as follows:

(a)

Staff Presentation.

(b)

Presentation by appellant which shall be limited to fifteen (15) minutes.

(c)

Presentation by project proponent (if different party than appellant) which shall be limited to fifteen (15) minutes.

(d)

Public hearing: Members of the public should be allowed five (5) minutes in which to given testimony.

(e)

Summation by project proponent - ten (10) minutes.

(f)

Summation by appellant - ten (10) minutes.

(g)

Rebuttal by members of the public.

(h)

Staff summation.

(i)

Close public hearing.

In the event that anyone desiring to testify before the Board of Supervisors desires to present more information to the Board than can be accomplished within the time limits set forth above, such person shall be permitted to present such information to the Board in writing thirteen (13) copies), at least five (5) working days prior to the date set for the appeal hearing. Any such information shall be submitted to the Clerk of the Board of Supervisors no later than the end of the fifth working day prior to the date of the hearing.

(Ord. 2009-1071, § 2, adopted September 15, 2009)

Any appeal hearing set before the Board pursuant to Government Code Section 66452.5 shall be held within thirty (30) days from the date of the filing of the appeal. Thereafter, within ten (10) days following the conclusion of the hearing, the Board of Supervisors shall render its decision on the appeal. The time limits set forth herein shall not be extended.

(Ord. 2009-1071, § 2, adopted September 15, 2009)

Article 11. - BUILDING PERMITS

No building permit shall be issued for a structure which would not be in accordance with the provisions of this chapter, except that where an existing lot is less than the required area, the Building Official may issue a permit to allow such work as would normally be permitted on a lot of the required area. Any permit issued contrary to the provisions of this chapter shall be void.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Sec. 9-2.1102. - Compliance with provisions.

It shall be the duty of the Building Official, before issuing a building permit, to ascertain the exact location of the property on which the building is to be located. The Building Official shall obtain the road address from the Planning and Development Agency and the Assessor's parcel number before issuing a building permit. It shall then be the duty of the Building Official to contact the Planning and Development Agency to obtain a ruling as to whether or not the proposed building complies with the provisions of this chapter or the terms of the variance or special use permit applicable to such building if a variance or special use permit has been approved.

(§ 3, Ord. 84-593, eff. January 3, 1985)

Sec. 9-2.1103. - Site development review.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 6, Ord. 85-607, eff. June 13, 1985; repealed by § 6, Ord. 86-623, eff. February 6, 1986)