§ 22.70

This Chapter provides procedures for adjustments to the provisions of this Title, amendments to this Title and the General Plan, appeals, and public hearings.

The responsibility for the administration of this Title is delegated to the Director of Planning and Building, who will advise the public about its requirements. The Director of Planning and Building is referred to in this

Title as the "Director." The responsibilities of the Director under this Title include the following functions, which may be carried out by Department employees under the supervision of the Director:

A.

Application processing. Receive and review all applications for projects; certify that applications submitted have been properly completed; establish permanent files; conduct site and project analyses; post public notices; meet with applicants; collect fees; prepare reports; process appeals; present staff reports to the Zoning Administrator, Subdivision Review Board, Commission, or Board (as applicable); and

B.

Zoning administration. Function as Zoning Administrator in compliance with the authority established by Government Code Sections 65900 et seq. in the conduct of hearings and the issuance of discretionary entitlements, where provided by this Title; and

C.

Permit issuance. Issue permits under this Title and certify that all issued permits are in full conformance with its requirements; and

D.

Coordination. Refer and coordinate matters related to the administration of this Title with other agencies and County departments; and

E.

Amendment. In compliance with Section 22.70.040 (Amendment), petition the Board to initiate amendment of this Title when the amendment would better implement the General Plan and increase its effectiveness and/or improve or clarify the procedures or content of this Title; and

F.

Enforcement. Enforce and secure compliance with the provisions of this Title in compliance with Chapter 22.74 (Enforcement).

[Amended 1986, Ord. 2250; 1992, Ord. 2583] [22.01.040]

A.

When allowed. When a standard of Articles 3, 4, or 5, or a planning area standard of Article 9 identifies specific circumstances under which reduction of the standard is appropriate, an applicant may request an adjustment to the standard. (For example, Section 22.10.140.D.2.b provides that a required front setback may be reduced to a minimum of five feet through the adjustment process when the elevation of the lot is seven feet above or below the street centerline at 50 feet from the centerline.)

B.

Application filing and processing. An adjustment request shall be filed with the Department in the form of an attachment to the project application, with appropriate supporting materials. The request shall specify the Land Use Ordinance standard requested for adjustment, and document the manner in which the proposed project qualifies for the adjustment. A request for adjustment shall not be accepted for processing by the Department unless the request is within the range of adjustments prescribed in the standard. A request for adjustment shall be approved by the Director when the Director finds that the criteria for adjustment specified in the subject standard are satisfied.

[Amended 1984, Ord 2163] [22.01.044]

A.

Purpose. The purpose of this section is to provide a procedure for an individual with a disability to seek a reasonable accommodation in the application of this Title to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities as provided by the federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act, herein known as the "Acts." Reasonable accommodation means providing an individual with a disability flexibility in the application of land use regulations, including modification or exception to the requirements for siting development when necessary to eliminate regulatory barriers.

B.

Applicability. Any person seeking approval to construct and/or modify residential housing and/or emergency shelters to allow for the accommodation by person(s) with disabilities, and/or operate residential care facilities, which will serve persons with disabilities, may apply for a reasonable accommodation adjustment.

C.

Application filing. An adjustment request shall be filed with the Department in the form of an attachment to the project application, with appropriate supporting materials including:

1.

The applicant's name, address and telephone number.

2.

Address of the property for which the request is being made.

3.

The current actual use of the property and how the property will be used by the individual protected under the Acts.

4.

The basis for the claim that the individual is considered disabled under the Acts.

5.

The provision, regulation or policy from which reasonable accommodation is being requested.

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

D.

Review procedure. The request shall specify the Land Use Ordinance standard requested for adjustment, and document the manner in which the proposed project qualifies for the adjustment. A request for adjustment shall not be accepted for processing by the Department unless the request is within the range

of adjustments prescribed by this Section. A request for adjustment shall be approved by the Director when the Director finds the following:

1.

The housing, which is the subject of the request, will be used by an individual with a disability protected under the Acts.

2.

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

3.

The requested reasonable accommodation would not impose an undue financial or administrative burden on the County.

4.

The requested reasonable accommodation would not require a fundamental alteration in the nature of County ordinances or general plan.

5.

The requested reasonable accommodation would not waive a requirement for a land use permit, building permit or encroachment permit.

6.

The requested reasonable accommodation will not result in approved uses that are otherwise prohibited by the County's ordinances and general plan.

7.

If the Director grants, or grants with modifications, the adjustment, the adjustment shall be granted to an individual and shall not run with the land unless the Director also finds that the modification is physically

integrated into the structure and cannot be easily removed or altered to comply with this Title.

8.

The requested is limited to the minimum reasonable accommodation necessary to accommodate the needs of the individual protected under the Acts.

E.

Reasonable accommodation adjustment.

1.

Adjustments allowed. Adjustments may include, but are not limited to:

a.

setbacks and encroachments for ramps, handrails or other such accessibility improvements;

b.

hardscape additions such as widening driveways, parking areas or walkways that would not otherwise comply with landscaping or open space provisions;

c.

reduction to off-street parking where the disability clearly limits the number of people operating vehicles;

d.

tree removal; and building addition(s) necessary to afford the applicant and equal opportunity to use and enjoy a dwelling.

2.

Adjustments prohibited. Adjustments may not include accommodations which would impose an undue financial or administrative burden on the County or require a fundamental alteration in the County's Ordinances or General Plan. A reasonable accommodation cannot waive a requirement for a land use permit when one is otherwise required or result in approved uses otherwise prohibited by the County's Ordinances and General Plan.

F.

Duration of reasonable accommodation.

1.

The reasonable accommodation may continue to be used and maintained by the individual with a disability for the duration of his or her tenancy in the dwelling subject to the finding in Subsection D.7.

Within 60 days of the termination of the tenancy the reasonable accommodation shall be removed unless the Director has determined that the reasonable accommodation may remain as provided in Subsection D.7.

[Added 2014, Ord. 3262]

This Title may be amended as provided by this Section whenever the Board determines that public necessity, convenience, or welfare would be served.

A.

Initiation of amendment. The Board may initiate the processing of an amendment upon its own motion; may accept a request for amendment from any interested party, including the Director and/or Commission; and may deny the processing of any requested amendment. Amendment requests from the public shall be filed using the forms provided by the Department and shall include the filing fee set by the county fee ordinance. The Board may refer a proposed amendment to the Director and/or Commission for response before deciding whether to process the amendment.

B.

Commission hearing. After review of a proposed amendment in compliance with the California Environmental Quality Act, and completion of a Department staff report, the Commission will provide notice and hold a public hearing in compliance with Section 22.70.060. The purpose of the hearing shall be to receive testimony from parties interested in the proposed amendment, consider the recommendations of the Director, and adopt a recommendation to the Board.

C.

Commission recommendation. After the public hearing, the Commission shall submit a written recommendation to the Board on the proposed amendment, giving the reasons for the recommendation and the relationship of the proposed amendment to affected elements of the General Plan and any affected specific plans.

D.

Board hearing and decision. After receiving the Commission recommendation, the Board shall hold a public hearing in compliance with Section 22.70.060. The Board may approve, modify or disapprove the recommendation of the Commission. However, any modification of a proposed amendment by the Board not previously considered by the Commission shall first be referred to the Commission for report and recommendation. The Commission is not required to hold a public hearing on this type of referral. Failure by the Commission to report within 40 days after the referral shall be deemed approval of the proposed modification to the amendment.

[Amended 1992, Ord. 2583] [22.01.050]

Decisions of the Director, Department, or Commission may be appealed by an applicant or any aggrieved person as follows:

A.

Processing of appeals:

1.

Timing and form of appeal. An appeal shall be filed within 14 days of the decision that is the subject of the appeal, except where otherwise provided in this Title, using the form provided by the Department in addition to any other supporting materials the appellant may wish to furnish, explaining the reasons for the appeal. An appeal shall be filed with the Director, who shall process the appeal in compliance with this Section, including scheduling the matter before the appropriate Review Authority.

2.

Report and hearing. When an appeal has been filed, the Director will prepare a report on the matter, and cause the appeal to be scheduled for consideration by the appropriate Review Authority identified in Subsection B. at its next available meeting after completion of the report.

3.

Action and findings. After holding a public hearing in compliance with Section 22.70.060 (Public Hearing), the appeal body may affirm, affirm in part, or reverse the action, decision or determination that is the subject of the appeal, based upon findings of fact regarding the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or non-compliance of the subject of the appeal with the provisions of this Title.

4.

Withdrawal of appeal - Land use permits. After an appeal to a decision on a land use permit has been filed, the appeal shall only be withdrawn with the consent of the Review Authority or by written request of the individual or group that generated the appeal.

5.

Appeals with other remedies available. Appeals relating to matters resolvable through adjustment, Variance, amendment of the Land Use Element or this Title, or modification of the provisions of this Title through Conditional Use Permit approval where allowed by Articles 3, 4, 5, and 9, shall be processed according to the procedures of Sections 22.70.030 and 22.62.070; Chapter 2 of the Land Use Element; Section 22.70.040, and Articles 3, 4, 5, and 9, respectively, instead of this Section.

B.

Appeal jurisdiction. An appeal shall be heard and decided by the appeal body identified as follows, except where another Section of this Title may specify a particular appeal body for the purposes of that section.

1.

Department decisions. The following decisions of the Director and/or Department staff may be appealed to the Commission:

a.

Determination on the meaning or applicability of the provisions of this Title which are believed to be in error, and cannot be resolved with staff;

b.

Any determination that a land use permit application or information submitted with the application is incomplete (as provided by Government Code Section 65943);

c.

Any decision of the Department to approve or deny any application for Site Plan Review approval;

d.

Any determination of consistency with the Land Use Element;

e.

Any decision by the Director to revoke an approved Zoning Clearance or Site Plan Review.

2.

Commission or Zoning Administrator decisions. Any decision of the Commission or the Zoning Administrator in compliance with this Title may be appealed to the Board. The decision of the Board shall be final.

3.

Subdivision Review Board decisions. Any decision of the Subdivision Review Board on a land use permit associated with a land division application may be appealed to the Board. The decision of the Board shall be final.

[Amended 1984, Ord. 2163; 1985, Ord 2217; 1988, Ord. 2339; 1992, Ord. 2553; 1992, Ord. 2853; 1994, Ord. 2696; 1996, Ord. 2776; 1999, Ord. 2880; 2004, Ord. 3034] [22.01.042]

When a public hearing is required by this Title before action on a Minor Use Permit (Section 22.62.050), Conditional Use Permit (22.62.060), Variance (Section 22.62.070) appeal (Section 22.70.050) or amendment (Section 22.70.040), the hearing shall be conducted as provided by this Section.

A.

Notice of hearing. Notice of a public hearing shall be given as follows:

Content of notice. Notice of a public hearing shall contain the information required by Government Code Section 65094 and any additional information the Director deems appropriate.

2.

Method of notice/distribution. Notice of public hearings in compliance with this Title shall be given as follows:

a.

Land use permits and appeals. Notice shall be given as provided by Government Code Section 65091.

b.

Land Use Ordinance amendments. Notice shall be given in compliance with Government Code Sections 65090 and 65091 et seq.

B.

Scheduling of hearing. After an application for a land use permit, Variance or proposed amendment to this Title is issued an exemption, negative declaration or environmental impact report, or an appeal to a county action is filed, the matter shall be scheduled for public hearing on the next available Zoning Administrator, Subdivision Review Board, Commission or Board agenda (as applicable) reserved for these matters after completion of the Department staff report. At the request of the project applicant and/or at the discretion of the Review Authority, a public hearing may be continued from time to time.

C.

Notice of County action when hearing is continued. If a decision on a permit or amendment is continued by the county to a time which is neither previously stated in the notice provided in compliance with Subsection A., nor announced at the hearing as being continued to a time certain, the county shall provide notice of the further hearings (or action on the proposed development) in the same manner as provided by Subsection A.

D.

Conduct of hearing. At the public hearing, interested persons may present information and testimony relevant to a decision on the proposed project or amendment. Applications will be scheduled for separate action, except that a consent agenda may be used, where several applications may be considered at one time.

[Amended 1992, Ord. 2583] [22.01.060]

Chapter 22.72 - NONCONFORMING USES, STRUCTURES, PARCELS, AND SIGNS