Article 11 — Entitlements—Process and Procedures

8181-1 - Purpose.

The purpose of this Article is to establish procedures for the processing of land use entitlements, including permits and variances, and for modification, suspension, or revocation of any permit or variance, and appeals thereto.

8181-2 - Legal lot requirement.

No permit shall be issued for construction on a lot that is not a legal lot. A lot for which only a conditional certificate of compliance has been issued, pursuant to the Subdivision Map Act and County Subdivision Ordinance, is not a legal lot under the LCP, and no permit or entitlement shall be issued authorizing any use or development on such a lot.

(Am. Ord. 3788, 8/26/86; Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4586, 10-19-2021)

8181-3 - Permits.

Permits authorized by this Chapter include the following:

8181-3.1 - Zoning clearances.

Zoning Clearances certify that a proposed structure and/or use of land or buildings meets all the requirements of this Chapter, and, if applicable, the conditions of any previously issued permit. Issuance of a Zoning Clearance is a ministerial decision by the Planning Director that is not appealable to the Coastal Commission and is required for development exempt or excluded from the requirement to obtain a Coastal Development Permit.

(a)

Issuance. A Zoning Clearance is required prior to the initiation of uses of land or structures, including a change of use where a new use replaces an existing one (1), the construction of structures requiring building permits, and the commencement of any activity authorized by a permit or subdivision granted in accordance with Chapters 1, 1.1 and 2. A Zoning Clearance shall be issued upon the request of an applicant, provided that the proposed use or structure:

(1)

Is permissible under the present zoning on the land;

(2)

Is compatible with the purpose, intent, goals, policies, programs and land use designations specified in the General Plan;

(3)

Complies with the applicable terms and conditions of the required discretionary permit granting the use in question, and the decision granting said permit is considered "effective" pursuant to Section 8181-7.4;

(4)

Is not located on the same lot where a violation exists of any County ordinance regulating land use, such as the County Building Code or any grading ordinance, or of the terms of an existing permit covering the lot, unless the Zoning Clearance is necessary to the abatement of the existing violation;

(5)

Is not being requested by or for a person who owes the County outstanding fees; and

(6)

Is consistent with the portions of the County Hazardous Waste Management Plan that identify specific sites or siting criteria for hazardous waste facilities.

(b)

Expiration. Zoning Clearances shall expire one hundred eighty (180) days after issuance, unless otherwise indicated on the clearance or unless the use of land or structures or building construction has commenced and is being diligently pursued.

(Add. Ord. 3946—7/10/90; Ord. No. 4451, § 9, 12-11-2012)

8181-3.2 - Planned development permit.

A Planned Development Permit or modification thereto may be granted by the Planning Director, or by the Planning Commission upon deferral, as a discretionary decision. For a listing of those uses that require a Planned Development Permit, refer to Article 4.

(Ord. No. 4451, § 9, 12-11-2012)

8181-3.3 - Conditional use permit.

A conditional use permit or modification thereto is issued through a public hearing and discretionary decision by the Planning Director, Planning Commission or Board of Supervisors. Except for projects initiated by a County agency or department, applications for Board of Supervisors-approved conditional use permits shall first be reviewed by the Planning Commission.

(Ord. No. 4498, § 4, 12-6-2016)

8181-3.4 - Public works permit.

A Public Works Permit is a discretionary permit processed by the Public Works Agency in accordance with all applicable requirements of the Government Code and this Chapter regarding findings, public notification and hearings for discretionary permits.

8181-3.5 - Required permit findings.

Discretionary permits may only be granted if all billed fees and charges for processing the application request that are due for payment have been paid, and if all of the following standards are met or if conditions and limitations, including time limits, as the decision-making authority deems necessary are imposed to allow it to meet said standards. The applicant shall have the burden of proving to the satisfaction of the appropriate decision-making authority that the following standards can be met. Specific factual findings shall be made to support the conclusion that each of these standards, if applicable, can be satisfied:

a.

The proposed development is consistent with the intent and provisions of the County's Certified LCP;

b.

The proposed development is compatible with the character of surrounding development;

c.

The proposed development, if a conditionally permitted use, is compatible with planned land uses in the general area where the development is to be located;

d.

The proposed development would not be obnoxious or harmful, or impair the utility of neighboring property or uses;

e.

The proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare.

(Ord. No. 4451, § 9, 12-11-2012)

8181-3.5.1 - Additional findings for hazardous waste facilities.

In addition to the provisions of Section 8181-3.5, for any proposed development of a hazardous waste facility, the following additional finding must be made, or be capable of being made, through conditions and limitations placed on the use:

(a)

That the proposed hazardous waste facility is consistent with the portions of the County Hazardous Waste Management Plan that identify specific sites or siting criteria for hazardous waste facilities.

(Add Ord. 3946, 7/10/90; Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4586, 10-19-2021)

8181-3.5.2 - Additional findings for development in the Santa Monica Mountains overlay zone.

In addition to the provisions of Section 8181-3.5, for any proposed development in the Santa Monica Mountains overlay zone the following additional findings must be made through conditions and limitations placed on the use:

(a)

Private services for each individual development requiring potable water will be able to serve the development adequately over its normal lifespan.

(b)

When a water well is necessary to serve the development, the applicant shall be required to do a test well and provide data relative to depth of water, geologic structure, production capacities, degree of drawdown, etc. The data produced from test wells shall be aggregated to identify cumulative impacts on riparian areas or other coastal resources. When sufficient cumulative data is available to make accurate findings, the County must find that there is no evidence that proposed wells will either individually or cumulatively cause significant adverse impacts on the above mentioned coastal resources.

(c)

All need for sewage disposal over the life span of the development will be satisfied by existing sewer service to the immediate area or by location of septic facilities on-site consistent with other applicable provisions of the LCP.

(d)

Development outside of the established "community" area shall not directly or indirectly cause the extension of public services (roads, sewers, water, etc.) into an open space area.

(e)

Any deviations from outdoor lighting requirements make the finding pursuant to Section 8177-4.1.11.

(Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4586, 10-19-2021)

8181-3.5.3 - Additional findings for development in ESHA or buffer zone.

A Coastal Development Permit authorizing development in ESHA or a buffer zone may be granted or conditionally granted only if the decision-making authority makes all of the findings, to the extent applicable to the project, required by the LCP as follows:

(a)

Development Within or Adjacent to ESHA. All ESHA policies and standards of the LCP have been met and the project design has been found to constitute the least environmentally damaging alternative pursuant to Section 8178-2.6.

(b)

Increase of a Mandatory Fuel Modification Zone. New development with a mandatory fuel modification zone greater than the standard 100-foot width requires a finding supported by a determination made by the Ventura County Fire Protection District, that the increased

fuel modification zone of up to two hundred (200) feet is needed to protect life and property from wildland fires based on site-specific environmental conditions and that there are no other feasible mitigation measures possible.

(c)

Expanded Fuel Modification Zone. If the width of a fuel modification zone exceeds one hundred (100) feet, the Ventura County Fire Protection District has authorized the expanded fuel modification zone, and determined that it is necessary to protect life, property, and natural resources from unreasonable risks associated with wild land fires and there are no other mitigation measures possible.

(d)

Economically Beneficial Use. If a Coastal Development Permit allows a deviation from a policy or standard of the LCP pursuant to Coastal Area Plan Policy 4.2, permit findings shall meet the requirements in Coastal Area Plan Policy 4.3.

(e)

Site Specific ESHA Determinations and Maps. The physical extent of habitat meeting the definition of ESHA and buffer zone on the entirety of the lot containing the project site is accurately mapped within the CISBA, is consistent with the LCP policies and standards (e.g., definition of ESHA, buffer zone determinations) and available independent evidence, and has been review by the Planning Staff Biologist or a County's Biological Consultant.

(f)

Compensatory Mitigation. All direct and indirect adverse impacts to ESHA resulting from the development and any unpermitted development are fully mitigated consistent with the LCP policies and standards, and required financial assurances are provided. All on-site and off-site areas subject to compensatory mitigation will be preserved in perpetuity consistent with Section 8178-2.10.1(c).

(g)

Open Space Restriction. All ESHA, buffer zones, and slopes over thirty (30) percent gradient located on the lot outside of the building site and mandatory fuel modification zone are preserved in perpetuity through a conservation easement or conservation instrument except as otherwise set forth in the project's associated Coastal Development Permit and any allowable future development that is consistent with Section AE-2.2.2.

(h)

Land Divisions. For a lot(s) that contain ESHA or buffer zone and is proposed for land division, substantial evidence was provided that demonstrates that the land division will not result in new, adverse impacts to ESHA or buffer zone including those that could occur due to an economically beneficial use of the property.

(i)

ESHA Preservation Incentives. If a Coastal Development Permit is being granted pursuant to an ESHA preservation incentive, then the proposed land division will result in the preservation of large areas of unfragmented ESHA. Also, the proposed land division will not result in greater impacts to ESHA or buffer zones, and will not increase the loss of ESHA, when compared to the development that could occur without use of the incentive.

(Ord. No. 4586, 10-19-2021)

8181-3.6 - Validity.

All licenses, permits and certificates may become null and void if:

a.

The application request that was submitted was not in full, true and correct form; or

b.

The findings made pursuant to Sec. 8181-3.5 were based on false information; or

c.

The entitlement does not comply with the terms and conditions of the permit originally granting the use under this Division; or

d.

The entitlement was issued erroneously.

(Ord. No. 4451, § 9, 12-11-2012)

8181-3.7 - Emergency coastal development permits.

In the event of an emergency, an application for an Emergency Coastal Development Permit ("emergency permit") shall be made to the Planning Director. The Planning Director may issue an emergency permit in accordance with Section 30624 of the Public Resource Code and the following:

(a)

Applications in cases of emergencies shall be made to the Planning Director by letter or facsimile during business hours if time allows, and by telephone or in person if time does not allow.

(b)

The information to be included in the application shall include the following:

(1)

The nature of the emergency;

(2)

The cause of the emergency, insofar as this can be established;

(3)

The location of the emergency;

(4)

The remedial, protective, or preventive work required to deal with the emergency; and

(5)

The circumstances during the emergency that appeared to justify the course(s) of action taken, including the probable consequences of failing to take action.

(c)

The Planning Director shall verify the facts, including the existence and nature of the emergency, insofar as time allows.

(d)

Prior to the issuance of an emergency coastal development permit, when feasible, the Planning Director shall notify, and coordinate with, the South Central Coast District Office of the California Coastal Commission as to the nature of the emergency and the scope of the work to be performed. This notification shall be in person or by telephone.

(e)

The Planning Director shall provide public notice of the proposed emergency action, with the extent and type of notice determined on the basis of the nature of the emergency itself. The Planning Director may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the Planning Director finds that:

(1)

An emergency exists and requires action more quickly than permitted by the procedures for administrative permits, or for ordinary permits administered pursuant to the provisions of Section 30600.5 of the Public Resources Code, and the development can and will

be completed within thirty (30) days unless otherwise specified by the terms of the permit;

(2)

Public comment on the proposed emergency action has been reviewed if time allows; and

(3)

The work proposed would be consistent with the requirements of the County's certified LUP/CAP.

(4)

The Planning Director shall not issue an emergency permit for any work that falls within the provisions of Section 30519(b) of the Public Resources Code.

(f)

The emergency permit shall be a written document that includes the following information:

(1)

The date of issuance;

(2)

An expiration date;

(3)

The scope of the work to be performed;

(4)

Terms and conditions of the permit;

(5)

A provision stating that within ninety (90) days of issuance of the emergency permit, a follow-up, regular coastal development permit application shall be submitted;

(6)

A provision stating that any development or structures constructed pursuant to an emergency permit shall be considered temporary until authorized by a follow-up coastal development permit, and that the issuance of an emergency coastal development permit shall not constitute an entitlement to the erection of permanent structures; and

(7)

A provision stating that the development authorized in the emergency permit must be removed unless a complete application for a regular coastal development permit for the development is filed within ninety (90) days of approval of the emergency permit is approved. If a regular coastal development permit authorizing permanent retention of the development, or a portion of the development, is denied, then the development that was authorized in the emergency permit, or the denied portion of the development, must be removed.

(g)

Reporting.

(1)

The Planning Director shall report in writing to the County Board of Supervisors and to the California Coastal Commission at each meeting the emergency permits applied for or issued since the last report, with a description of the nature of the emergency and the work involved. Copies of the this report shall be available at the meeting and shall have been mailed at the time that application summaries and staff recommendations are normally distributed to all persons who have requested such notification in writing.

(2)

All emergency permits issued after completion of the agenda for the meeting shall be briefly described by the Planning Director at the meeting and the written report required by subsection (g)(1) shall be distributed prior to the next succeeding meeting.

(3)

The report of the Planning Director shall be informational only; the decision to issue an emergency permit is solely at the discretion of the Planning Director.

(Ord. 4219 § 6, 2000; Am. Ord. 4249—11/20/01; Ord. No. 4451, § 9, 12-11-2012)

8181-3.8 - Immediate action; waiver of emergency permit requirements.

When immediate action by a person or public agency performing a public service is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency, the requirements of obtaining an emergency permit under Section 8181-3.7 may be waived by the Planning Director, in accordance with Public Resources code Sections 30611 and the following:

a.

Any person wishing to take an emergency action pursuant to the requirements of Public Resources Code Section 30611 shall notify the Planning Director by facsimile or telephone during business hours of the type and location of the emergency action within three (3) days of the disaster of the discovery of the danger. Within seven (7) days of taking such action, the person who notified the Planning Director shall send a written statement of the reasons why such action was taken and verification that the action complied with the expenditure limits set forth in Public Resources Code Section 30611. At the next Board of Supervisors meeting following the receipt of the written report, the Planning Director shall summarize all emergency actions taken and shall report to the Board any emergency action taken that, in his or her opinion, does not comply with the requirements of Public resources Code Section 30611 and shall recommend appropriate action. For the purposes of this section, any immediate, temporary actions taken by the California Department of Fish and Game which are required to protect the nesting areas of the California least tern, an endangered species under the California Fish and Game Code, Sections 2050-2055 and Title 14 of the California Code of Regulations, Section 670.5, and the Federal Endangered Species Act of 1973, shall be deemed to be in compliance with Public Resources Code Section 30611.

(Ord. 4219 § 7, 2000)

8181-4 - Variances.

Variances are adjustments in the regulations and development standards contained in this Chapter. Variances are discretionary, and are granted to permit deviations from regulations governing such factors as setbacks, height, lot coverage, lot area and width, signs, off-street parking and wall, fencing and screening standards. The procedures of Section 8181-6 shall be followed. Variances may not be granted to authorize a use or activity that is not otherwise expressly authorized by the zone regulations governing the property.

(Ord. No. 4451, § 9, 12-11-2012)

8181-4.1 - Purpose.

The sole purpose of any variance shall be to enable a property owner to make reasonable use of his property in the manner in which other property of like character in the same vicinity and zone can be used. For the purposes of this Section, vicinity includes both incorporated and unincorporated areas if the property in question is within the sphere of influence of such incorporated area.

(Ord. No. 4451, § 9, 12-11-2012)

8181-4.2 - Required findings for variances.

The granting authority must find that the following standards are met by the application:

(a)

There are special circumstances or exceptional characteristics applicable to the subject property with regard to size, shape, topography and location, that do not apply generally to comparable properties in the same vicinity and zone within the coastal zone; and

(b)

Granting the requested variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone within the coastal zone; and

(c)

Strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations; and

(d)

The granting of such variance will not be detrimental to the public health, safety or general welfare, nor to the use, enjoyment or valuation of neighboring properties; and

(e)

All development authorized by the variance is consistent with all applicable standards of the LCP; and

(f)

That the granting of a variance in conjunction with a hazardous waste facility will be consistent with the portions of the County's Hazardous Waste Management Plan (CHWMP) that identify specific sites or siting criteria for hazardous waste facilities.

(Add. Ord. 3946—7/10/90; Ord. No. 4451, § 9, 12-11-2012)

8181-4.3 - Burden of proof.

The applicant shall have the burden of proving to the satisfaction of the appropriate decision-making authority that the above standards can be met.

(Ord. No. 4451, § 9, 12-11-2012)

8181-4.4 - Administrative variances.

Applications for routine and minor adjustments in certain types of zoning regulations may be approved by the Planning Director as administrative variances, if the standard of Section 8181-4.2 are met. The procedures of Section 8181-6 shall be followed. An administrative variance may be granted only in the following situations:

(a)

To allow a decrease not exceeding twenty (20) percent in required minimum setbacks, or ten (10) percent in the parking aisle width requirement or other such related dimensions;

(b)

To allow walls, fences or hedges to exceed the height limit regulations by a maximum of one (1) foot, except in the clear sight triangle;

(c)

To allow an increase not exceeding ten (10) percent in maximum building coverage; and

(d)

To allow required parking for single-family dwellings to be provided in tandem.

(Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4492, § 7, 6-21-2016)

8181-4.5 - Planning Commission approval.

In all cases not covered in Section 8181-4.4, variances shall be considered by the Planning Commission. The procedures of Section 8181-6 shall be followed.

(Ord. No. 4451, § 9, 12-11-2012)

8181-4.6 - Duration.

Any variance is considered to run with the land; however, a time limit may be placed on the variance, in which case the variance shall expire at the end of the specified period unless an extension is granted.

(Ord. No. 4451, § 9, 12-11-2012)

8181-5 - Filing and processing of application requests.

Application requests shall be filed with the Planning Division. No application request shall be accepted for filing and processing unless it conforms to the requirements of this Chapter; contains in a full, true and correct form, the required materials and information prescribed by the forms supplied by the Ventura County Planning Division; and is accompanied by the appropriate fees. The County staff may refer any application request to an independent and qualified consultant for review and evaluation of issues beyond the expertise or staffing capabilities of the County. The costs for all such consultant work shall be borne by the applicant and are independent of the fees paid to the Planning Division for processing of the requests.

8181-5.1 - Applications.

Applications may be filed as provided in the following sections:

a.

Who May Apply—An application for a permit or variance may be filed by the owner of the property or his/her authorized agent, a lessee who holds a lease whose terms permit the use applied for, or by any duly constituted government authority or agent thereof.

b.

Coapplicants—All holders or owners of any other interests of record in the affected property shall be notified in writing of the permit application and invited to join as coapplicant. In addition, prior to the issuance of a coastal development permit, the applicant shall demonstrate the authority to comply with all conditions of approval.

c.

Modification, Suspension and Revocation—An application for modification, suspension or revocation of any variance or permit may be filed by any person listed in the preceding section, or by any person or political entity aggrieved; or by an official department, board or commission of the county affected.

d.

Appeals—An appeal concerning any order, requirement, permit, determination or decision made in the administration or enforcement of this Chapter may be filed in accordance with Section 8181-9.

e.

Violations on Property—No application for any entitlement shall be accepted for filing if a violation of Chapter 1.1 or Chapter 2 exists on the property, provided that the violation was a result of the actions or inactions of the applicant or his predecessor(s) in interest, unless an application is concurrently filed that would abate the existing violation.

f.

Completeness of Application—Not later than 30 calendar days after the Planning Division has accepted an application under this Chapter, the applicant shall be notified in writing as to whether the application is complete or incomplete, except in the case of zone changes, which are legislative acts and thus are not subject to the 30-day limit. If the application is determined to be incomplete, the applicant shall be notified in writing of the reasons for such determination and of the information needed to make the application complete.

(1)

Review of Supplemental Information—If any application is deemed incomplete and the applicant subsequently submits the required information, the application is then treated as if it were a new filing, and the 30-day review period begins on the day that the supplemental information is submitted.

(2)

Termination of Incomplete Application—Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of six months from the date of notification of incompleteness. All unused fees shall be refunded to the applicant. An extension to this six-month period may be granted by the Planning Director on written request by the applicant showing good cause.

(Ord. No. 4451, § 9, 12-11-2012)

8181-5.2 - Content of applications.

The form and content of all applications shall be determined by the Planning Division. Additional information may be required to be submitted with an application request, such as elevations, plot plans, and phasing, as deemed appropriate by the Planning Director for complete review of the request. For applications to develop oil or gas resources, see Section 8175-5.7.2 for additional requirements.

8181-5.3 - Vested rights.

No person obtains any right or privilege to use land or structures for any manner described in an application request merely by virtue of the County's acceptance of an application or granting of the subject request. See also Section 8171-7.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— Ord. No. 4451, § 9, adopted December 11, 2012, repealed § 8181-5.3, and §§ 7, 9, renumbered §§ 8181-5.4—8181-