§ 35-177

1.

Each applicant shall submit to the Planning and Development Department, together with the required fees as set by the Resolution of the Board of Supervisors, the number of copies of the application (on an application form supplied by said department) and of such plans, elevations, and descriptions as are required by said Department. The term application shall include not only original applications, but also any subsequent amendments to permits or plans. Upon receipt of a complete application for a reclamation plan or surface mining permit, the Director shall promptly forward one copy thereof to the following County officials; for a surface mining permit - Director of Public Works, Transportation, Environmental Health, and the Flood Control Engineer and Fire Chief; for a reclamation plan - Director of Public Works (who shall consult with the appropriate Resource Conservation District), Flood Control Engineer, and Director of Environmental Resources. Each of said County officials shall, within 30 days after the date of transmittal of said copy of said application, make a written report to the Planning Commission as to any recommendations with respect to the use or plan contemplated by the application and its bearing on his functions. Failure to submit such report within said 30 days shall be deemed approval of said application without conditions.

2.

The Planning and Development Department shall notify the State Geologist of the filing of an application for a permit to conduct surface mining operations and shall forward a copy of each permit and approved reclamation plan to the Los Angeles Office of the State Division of Mines and Geology.

3.

Within 60 days after the receipt of a complete application, the Planning Commission, after holding at least one noticed public hearing on each application, may approve the application. Notice of the hearing on a surface mining permit shall be given in accordance with Section 35-181 (Noticing). Notice of the hearing on a reclamation plan shall be given to the applicant and property owner, if other than the applicant. The decision of the Planning Commission of the application shall be reported to the Board of Supervisors.

4.

The decisions of the Planning Commission with respect to reclamation plans and surface mining permits shall be final except that within 12 days after the action of the Planning Commission, the Board of Supervisors, on its own initiation, may modify or reverse the action of the Planning Commission by order and any action of the Planning Commission is subject to appeal in compliance with Section 35-182 (Appeals).

The standards for approval of reclamation plans and for issuance of surface mining permits shall be those contained in the State Act and State Regulations.

Section 35-177.8 Performance Security.

1.

Purpose. The intent of this subparagraph is to insure that reclamation will proceed in accordance with the approved reclamation plan (as may be amended), and to avoid economic waste in the requirement of security.

2.

Requirement, Forms and Amount of Security. As a condition of approval of any reclamation plan, to secure the operator's performance, the Planning Commission may require one or more forms of security which will be released upon satisfactory performance, including: a corporate surety bond; corporate or government securities; cash; if acceptable to the operator, a lien against the operator's interests in the mined lands; or solely the bond of the operator itself. The aggregate of any such security shall be in an amount determined by the Public Works Department to equal the cost of completing the reclamation required during the succeeding two year period or other reasonable term.

3.

Bond Operator. In determining whether to accept the bond of the operator itself without a separate surety or other form of security, the Planning Commission shall consider, without limitation: 1) the financial strength of the operator; 2) the assets within California; 3) its past performance on contractual obligations with public entities; and 4) whether there is a suitable agent of the operator within this County to receive service of process.

4.

Lien with Operator's Consent. If the Planning Commission requires security other than the bond of the operator itself, and if the full value of the taxable assets of the operator within this County exceeds to the extent deemed sufficient by the Planning Commission the estimated cost of completing the reclamation required during the succeeding two year period or other reasonable term only with the operator's consent, the Planning Commission shall require a lien rather than a corporate surety bond or other form of security.

5.

Review of Security. Whenever requested by the Public Works Department or the operator, the Planning Commission shall review and may thereupon change the form(s) or amount of security required.

Section 35-177.9 Periodic Compliance Inspections.

Surface mining permits or approved reclamation plans issued or approved pursuant to this section, shall provide for periodic compliance inspections by the Public Works Department. Fees based on an hourly charge for such periodic compliance inspections for such permits or plans shall be established by Resolution of the Board of Supervisors and paid by the operator.

Section 35-177.10 Revocation and Voidability of Surface Mining Permits.

A surface mining permit issued pursuant to this Section shall be null and void and automatically revoked if:

a.

Within three years after the granting of said permit, the surface mining operations authorized by the permit have not been established; or

b.

A use permitted under a surface mining permit issued subsequent to that effective date of this section is discontinued for a period of more than three years.

c.

Provided, however, that prior to the expiration of such three year period the Board of Supervisors, after recommendation by the Planning Commission, may extend such three year period for good cause shown.

2.

After written notice to the permittee and a hearing thereon, the Planning Commission may revoke a surface mining permit issued pursuant to this section, if any of the conditions of the permit are not complied with.

Section 35-177.11 Interim Management Plan Requirements. (Added by Ord. 4884, 09/08/2016)

1.

Timing, content, processing. Within 90 days of a surface mining operation becoming idle, the operator shall file an interim management plan with the Department. (SMARA, Section 2770(h))

a.

The interim management plan shall comply with all applicable requirements of the State Act, Section 2770(h) and shall provide measures the operator will implement to maintain the site in compliance with the State Act, including all conditions of the Conditional Use Permit or Minor Conditional Use Permit and/or Reclamation Plan.

b.

The interim management plan shall be processed as an amendment to the Reclamation Plan and shall not be considered a project for the purposes of environmental review in compliance with the California Environmental Quality Act. (SMARA, Section 2770(h))

c.

The idle mine shall comply with the financial assurance requirements for reclamation specified in the State Act, Section 2773.1.

2.

Director review and decision. The Director shall be the decision-maker for an amendment to a Reclamation Plan required to incorporate an interim management plan associated with mining operations.

a.

Within 60 days of receipt of the interim management plan, or longer period mutually agreed upon by the Department and the operator, the Director shall review, and approve or deny the plan in compliance with Section 35-177.6 (Procedures), above, except that a public hearing is not required.

1)

The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the Department, to submit a revised plan.

2)

The Director shall approve or deny the revised interim management plan within 60 days of receipt of the plan.

3)

An action of the Director to deny the revised interim management plan is final subject to appeal in compliance with Section 35-182 (Appeals).

3.

Time limit, extension. The interim management plan shall remain in effect for a period not to exceed five years, at which time the Director shall do one of the following:

a.

Renew the interim management plan for an additional period not to exceed five years, which may be renewed for additional five-year periods at the expiration of each five year period, if the Director finds that the surface mining operator has complied fully with the interim management plan.

b.

Require the surface mining operator to commence reclamation in compliance with the approved Reclamation Plan. (SMARA Section 2770(h)(2))

c.

An action of the Director to either renew the interim management plan or require the commencement of reclamation is final subject to appeal in compliance with Section 35-182 (Appeals).

Section 35-178. - Land Use Permits.

(Amended by Ord. 4594, 03/05/2008; Ord. 4595, 03/05/2008)

Section 35-178.1 Purpose and Intent.

1.

Purpose. This Section establishes procedures and findings for the issuance of, and effective time periods for, Land Use Permits, where the County approves certain discretionary permits for new development and either the County or the Coastal Commission approves the Coastal Development Permit under the following circumstances:

a.

Coastal Development Permits approved by the Coastal Commission. The Coastal Commission approves the Coastal Development Permit when the development is:

1)

Located within the retained permit jurisdiction of the Coastal Commission; or

2)

Located in areas where the County's Local Coastal Program has not been certified by the Coastal Commission.

The approval of a Land Use Permit by the County is required following the approval of the Coastal Development Permit approved by the Coastal Commission.

b.

Coastal Development Permits approved by the County. The County approves a Coastal Development Permit in conjunction with the approval of a Conditional Use Permit or Development Plan, provided the development is not subject to Section 35-178.1.a above. In these cases, the Land Use Permit is the final permit required by the Planning and Development Department to represent compliance with any conditions established by the County in the Conditional Use Permit or Development Plan, and does not have any effect on the associated Coastal Development Permit.

2.

Intent. The intent of this Section is to ensure that development proposals are in compliance with the provisions of this Article, the Comprehensive Plan, including the Coastal Land Use Plan and any applicable community or area plan, and any conditions established by the County.

Section 35-178.2 Applicability.

The provisions of this Section shall apply to all development and uses listed within this Article as requiring a Land Use Permit, including development and uses identified in Section 35-178.1 above.

Section 35-178.3 Contents of the Application.

1.

As many copies of an application as may be required shall be submitted to the Planning and Development Department. Said application shall include a site plan which indicates clearly and with full dimensions the following information, if applicable:

a.

North arrow and scale of drawing.

b.

Site address.

c.

Lot dimensions.

d.

All proposed and existing buildings and structures: locations, size, height, and proposed use.

e.

Distance from proposed structure(s) to property lines, centerline of street or alley and other existing structures on the lot.

f.

Walls and fences: location, height and materials.

g.

Name and widths of streets (right-of-way) abutting the site.

h.

Off-street parking: location, dimensions of parking area, number of spaces, arrangement of spaces and internal circulation pattern.

i.

Access: pedestrian, vehicular, service; and delineations of all points of ingress and egress.

j.

Signs: location, size, height and method of illumination.

k.

Loading spaces: location, dimensions, number of spaces.

l.

Lighting: general nature, locations and hooding devices.

m.

Proposed street dedications and improvements.

n.

Landscaping, if required.

o.

Method of sewage disposal: show position of septic tank and leach lines, if applicable.

p.

For commercial and industrial projects indicate where applicable:

1)

Number of motel or hotel units.

2)

Seating capacity or square footage devoted to patrons.

3)

Total number of employees.

q.

All easements.

Section 35-178.4 Processing.

1.

The Director shall review the Land Use Permit application for compliance with the Comprehensive Plan, including the Coastal Land Use Plan and any applicable community or area plan, this Article, and other applicable regulations, and approve, conditionally approve, or deny the Land Use Permit.

2.

The action of the Director is final subject to appeal in compliance with Section 35-182 (Appeals).

3.

A Land Use Permit approved in compliance with this Section shall not be issued and deemed effective:

a.

Prior to the expiration of the appeal period or, if appealed, prior to final action on the appeal by the decision-maker in compliance with Section 35-182 (Appeals).

b.

Until all conditions of the Land Use Permit that are required to be satisfied prior to the issuance of the Land Use Permit have been satisfied.

c.

Until all necessary approvals, including issuance of a Coastal Development Permit by the California Coastal Commission if required, have been obtained.

4.

In the case of a development which requires a public hearing and final action by the Planning Commission or the Zoning Administrator, or final action by the Director, any subsequently required Land Use Permit shall not be approved or issued within 10 calendar days following the date that the Planning Commission, Zoning Administrator, or Director took final action, during which time an appeal may be filed in compliance with Section 35-182 (Appeals).

5.

If a Land Use Permit is requested for property subject to a resolution of the Board initiating a rezoning or amendment to this Article, a Land Use Permit shall not be approved or conditionally approved while the proceedings are pending on such rezoning or amendment unless (1) the proposed uses or structures will conform to both the existing zoning and existing provisions of this Article and the rezoning or amendment initiated by the Board or (2) the effective date of a Preliminary or Final Development Plan approved in compliance with Section 35-174 (Development Plans) precedes the adoption of the Board's resolution and the proposed uses and structures are in conformance with the approved Preliminary or Final Development Plan.

(Amended by Ord. 4888, 10/10/2014)

Section 35-178.5 Findings Required for Approval of a Land Use Permit.

A Land Use Permit shall be approved or conditionally approved only if the decision-maker first makes all of the following findings:

1.

The proposed development conforms:

a.

To the applicable policies and provisions of the Comprehensive Plan, including the Coastal Land Use Plan and,

b.

With the applicable provisions of this Article; or falls within the limited exception allowed under Section 35161 (Nonconforming Use of Land, Buildings and Structures).

The proposed development is located on a legally created lot.

3.

The subject property is in compliance with all laws, rules, and regulations pertaining to zoning uses, subdivisions, setbacks and any other applicable provisions of this Article, and any applicable zoning violation enforcement fees and processing fees have been paid. This subsection shall not be interpreted to impose new requirements on legal nonconforming uses and structures in compliance with Division 10 (Nonconforming Structures and Uses).

Section 35-178.6 Permit Expiration and Extension. (Amended by Ord. 4811, 11/14/2013; Ord. 4888, 10/10/2014)

1.

Approved and conditionally approved Land Use Permits. Except as provided in Subsection 1.a, below, an approved or conditionally approved Land Use Permit shall expire 12 months from the effective date and shall be considered void and of no further effect unless an application for a Time Extension is submitted

prior to the expiration of the approved or conditionally approved Land Use Permit and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).

a.

An unexpired, approved or conditionally approved Land Use Permit that has not been issued as of November 14, 2013 shall expire on November 14, 2014 and shall be considered void and of no further effect unless an application for a Time Extension is submitted prior to the expiration of the approved or conditionally approved Land Use Permit and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).

2.

Issued Land Use Permits. An issued Land Use Permit shall expire two years from the date of issuance and shall be considered void and of no further effect unless:

a.

The use or structure for which the Land Use Permit was issued has been established or commenced in conformance with the issued Land Use Permit, or

b.

An application for a Time Extension is submitted prior to the expiration of the issued Land Use Permit and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).