9.2 was titled appeal period.

8181-9.3 - Hearing and notice.

Upon receipt of a completed appeal application form, the Planning Division shall establish a date, time, and place for the hearing. Notice shall be given in the same manner as required for the original request, and shall also be given to the appellant, the applicant, and the Coastal Commission.

a.

The Planning Director shall deliver all pertinent information relating to the matter on appeal to the authority hearing the appeal prior to the time of the hearing, unless otherwise directed by that authority.

b.

A matter on appeal may be referred back to the preceding decision-making authority for further report, information or study.

c.

Whenever a matter on appeal has been referred back to the preceding decision-making authority, said authority shall respond within 30 calendar days following the date of such referral, unless otherwise specified by the decision-making authority making the referral.

d.

Hearings on multiple appeals may be consolidated.

8181-9.4 - Appellate decision.

The decision-making authority shall either approve, deny, or approve with modifications the appeal request.

8181-9.5 - Appeals to the Coastal Commission.

(a)

For developments that are subject to the appeals jurisdiction of the Coastal Commission under Section 30603 of the Public Resources Code, appeal of an action on a Permit may be filed with the Coastal Commission. Prior to filing an appeal with the Coastal Commission, all local appeals on the County's action must have been exhausted, unless the exhaustion of local appeals is not

required according to Section 13573 of Title 14 of the California Code of Regulations. Accessory dwelling unit applications subject to the appeals jurisdiction of the Coastal Commission shall be appealed directly to the Coastal Commission.

(b)

In accordance with Section 30603(a) of the Public Resources Code, an action taken by the County on a permit application for any of the following may be appealed to the Coastal Commission:

(1)

Developments approved by the County between the sea and the first public road paralleling the sea or within three hundred (300) feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.

(2)

Developments approved by the County not included within subsection (b)(1) located on tidelands, submerged lands, public trust lands, within one hundred (100) feet of any wetland, estuary, stream, or within three hundred (300) feet of the top of the seaward face of any coastal bluff.

(3)

Any development approved by the County that is not designated as the principally-permitted use under this Article.

(4)

Any development that constitutes a major public works project or a major energy facility.

(c)

The grounds of appeal for any development that is subject to appeal under subsection (b)(1) shall be limited to one (1) or more of the following:

(1)

The development fails to provide adequate physical access for public or private commercial use, or interferes with such uses.

(2)

The development fails to protect public views from any road or from a recreation area to, and along, the coast.

(3)

The development is not compatible with the established physical scale of the area.

(4)

The development may significantly alter existing natural landforms.

(5)

The development does not comply with shoreline erosion and geologic setback requirements.

(6)

The development is not in conformity with the LCP.

(d)

The grounds of appeal for any development that is subject to appeal pursuant to subsections (b)(2), (3), and (4) shall be limited to whether the development is in conformity with the LCP.

(e)

The appeal period for decisions is based on the Coastal Commission's review of the Notice of Final Decision sent by the County pursuant to Section 8181-7.3.

(1)

Deficient Notice. If the Coastal Commission determines the notice to be deficient, the Commission shall notify the County within five (5) calendar days of receipt of said notice, and shall explain the reasons for the deficiency.

(2)

Sufficient Notice. Once the Coastal Commission determines the notice to be sufficient, it shall, within five (5) calendar days, notify the County of the appeal period expiration date, which is ten (10) working days from the date of receipt by the Coastal Commission of a sufficient Notice of Final Decision.

(Am. Ord. 4283—6/3/03; Am. Ord. 4378—1/29/08; Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4520, § 5, 2-27-2018)

8181-10 - Modification, suspension and revocation.[11]

Any permit or variance heretofore or hereafter granted may be modified or revoked, or its use suspended by the decision-making authority that would normally approve the permit or variance, following the same hearing and notice procedures that were followed for approval of the permit or variance.

(Ord. No. 4451, § 7, 12-11-2012)

Footnotes: --- (11) ---

Editor's note— Ord. No. 4451, § 7, adopted December 11, 2012, repealed and replaced §§ 8181-10—8181-10.4.3. Former §§ 8181- 10—8181-10.4.3 pertained to similar subject matter and were derived from original Code.

8181-10.1 - Causes for modification, suspension or revocation.

(a)

That any term or condition of the permit or variance has not been complied with;

(b)

That the property subject to the permit or variance or any portion thereof, is or has been used or maintained in violation of any statute, ordinance, law or regulation;

(c)

That the use for which the permit or variance was granted has not been exercised in accordance with Section 8181-7.7, or has ceased to exist, or has been abandoned;

(d)

That the use for which the permit or variance was granted has been so exercised as to be detrimental to the public health, or safety, or as to constitute a nuisance;

(e)

That changes in technology, or in the type or amount of development in the vicinity of the use, or other good cause warrants modification of conditions of operation of imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located. This Section is declaratory of existing law.

anges in technology, or in the type or amount of development in the vicinity of the use, or other good cause warrants modification of conditions of operation of imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located. This Section is declaratory of existing law.

(Ord. No. 4451, § 7, 12-11-2012)

8181-10.2 - Nonwaiver.

The failure of the Planning Director, Planning Commission or Board of Supervisors to revoke a variance or permit or suspend its use whenever cause therefor exists or occurs does not constitute a waiver of such right with respect to any subsequent cause for revocation or suspension of the use.

(Ord. No. 4451, § 7, 12-11-2012)

8181-10.3 - Prohibition.

No person shall carry on any of the operations authorized to be performed under the terms of any permit, during any period of suspension thereof, or after the revocation thereof, or pending a judgment of court upon any application for writ taken to review the decision or order of the final appeal body in the County in suspending or revoking such permit; provided, however, that nothing contained herein shall be construed to prevent the performance of such operations as may be necessary in connection with a diligent and bonafide effort to remedy the default, noncompliance or violation, for which a suspension of the permit was ordered by the applicable County entity, or such operations as may be required by other laws and regulations for the safety or persons and the protection and preservation of property.

(Ord. No. 4451, § 7, 12-11-2012)

8181-10.4 - Modification of permits (applicant initiated).

An application for modification of a permit pursuant to this section may be filed by any person or entity listed in Section 8181-5.1. An application for modification of a permit for a wireless communication facility shall be subject to the provisions of Section 8175- 5.20.12.

(Ord. No. 4451, § 7, 12-11-2012; Ord. No. 4498, § 4, 12-6-2016)

8181-10.4.1 - Ministerial modifications.

Any change of use that would not alter any of the findings made pursuant to Section 8181-3.5, nor any findings contained in the environmental document prepared for the permit, may be permitted through the issuance of a Zoning Clearance provided any change to a permit issued without a previously approved environmental document is reviewed for its incremental impact on the environment.

(Ord. No. 4451, § 7, 12-11-2012)

8181-10.4.2 - Discretionary modifications.

The following changes to an approved discretionary permit are discretionary decisions and are considered to fall into one (1) of the following three (3) categories described below: Site Plan Adjustment, Minor Modification, or Major Modification.

(a)

Site Plan Adjustment. Any change to a permit that would not alter any of the findings made pursuant to Section 8181-3.5, nor any findings of approval for the permit or any findings contained in the environmental document prepared for the project, and would not have any adverse impact on the subject site or surrounding properties, may be deemed a site plan adjustment and acted upon by the Planning Director without a hearing. Additionally, these minor changes shall not circumvent the purpose or lessen the effectiveness of the approved permit conditions and must be consistent with all other provisions of the LCP. Such changes include, but are not limited to, the following:

(1)

Changes to conditions of approval that do not circumvent the purpose or lessen the effectiveness of the approved permit conditions;

(2)

A cumulative increase not exceeding ten (10) percent of the approved permit area or building coverage;

(3)

A decrease of the approved permit area or building coverage, floor area, or height;

(4)

Changes in structure location, including reorientation of structures, provided the structures are situated within the same general footprint as in the approved permit

(5)

A cumulative increase not exceeding ten (10) percent of floor area or height, including modifications to roof design;

(6)

Changes to on-site circulation or to the configuration of any street or access driveway, provided such change does not negatively affect connections with an existing or planned street, the performance of the circulation system, public safety, or the ability of the public to access coastal waters or nearby inland recreation areas.

(7)

A cumulative increase or decrease not exceeding ten (10) percent of approved motor vehicle or bicycle parking, provided increases can be accommodated on site and the project continues to meet the minimum number of required spaces pursuant to Article 6;

(8)

A cumulative decrease not exceeding ten (10) percent of the approved landscaping or screening, provided the development continues to meet the minimum landscape requirements pursuant to Section 8178-8 Water Efficient Landscape Requirements;

(9)

A cumulative increase not exceeding ten (10) percent of the approved area of walls, fences, or similar structures, provided the development continues to meet minimum screening requirements, and that the increase does not negatively affect the ability of the public to access coastal waters or nearby inland recreation areas;

(10)

Minor architectural changes or embellishments involving no change in basic architectural style; or

(11)

Internal remodeling, consistent with all other County ordinance requirements.

(b)

Minor Modification. Any proposed change that exceeds the criteria of a site plan adjustment, but is not extensive enough to be considered a substantial or fundamental change in land use relative to the permit, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the environmental document prepared for the permit, shall be deemed a minor modification and be acted upon by the Planning Director through a public hearing process.

but is not extensive enough to be considered a substantial or fundamental change in land use relative to the permit, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the environmental document prepared for the permit, shall be deemed a minor modification and be acted upon by the Planning Director through a public hearing process.

(c)

Major Modification. Any proposed modification that is considered to be a substantial change in land use relative to the original permit, and/or would alter the findings contained in the environmental document prepared for the permit, shall be deemed a major modification and be acted upon by the decision-making authority that approved the original permit.

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

8181-11 - Compliance with special studies zone.

The approval of any application proposing an activity that is defined as a "project" in the Alquist-Priolo Special Studies Zone Act (Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code) shall be in accordance with the requirements of said Act and the policies and criteria established by the State Mining and Geology Board pursuant to said Act, and the certified LCP.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— Ord. No. 4451, § 9 ,adopted December 11, 2012, amended § 8181-11 to read as set out herein. Previously § 8181-11 was titled studies zone.

8181-12 - Procedures for open space easements and public access documents.

All development permits subject to conditions of approval pertaining to public access and open space, conservation, or trail easements shall be subject to the following procedures:

8181-12.1 When any easement pertaining to open space, conservation, public trails, or public access to the beach required pursuant to this Chapter is not directly granted to a public or private non-profit agency prior to the issuance of the final Zoning Clearance or recordation of the map, the permittee shall cause to be recorded an irrevocable offer to dedicate (OTD) to the people of California an easement. Said offer shall run for twenty-one (21) years from the date of recordation.

If an OTD is accepted for the purpose of opening, operating, and maintaining access, the accessway shall be opened within five (5) years of acceptance unless unusual circumstances are demonstrated to the satisfaction of the Planning Director. If the accessway is not opened within this period, and if another public agency or qualified nonprofit organization expressly requests ownership of the easement in order to open it to the public, the easement holder shall transfer the easement to that entity within six (6) months of the written request. When a coastal development permit includes an offer to dedicate public access as a term or condition, the recorded offer to dedicate shall include a requirement that the easement holder transfer the easement to another public agency or private association that requests such transfer, provided that the easement holder has not opened the accessway to the public within five (5) years of accepting the offer.

coastal development permit includes an offer to dedicate public access as a term or condition, the recorded offer to dedicate shall include a requirement that the easement holder transfer the easement to another public agency or private association that requests such transfer, provided that the easement holder has not opened the accessway to the public within five (5) years of accepting the offer.

8181-12.2 The Executive Director of the Coastal Commission shall review and approve all legal documents specified in the conditions of approval of a development permit for public access and conservation/open space easements to be granted to any public or private nonprofit agency or to the public.

a.

Upon completion of permit review by the County, and prior to the issuance of the permit, the County shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the Executive Director of the Coastal Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies.

b.

The Executive Director of the Commission shall have 15 working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any.

c.

The County may issue the permit upon expiration of the 15 working day period if notification of inadequacy has not been received by the County within that time period.

d.

If the Executive Director has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the Executive Director.

(Ord. No. 4498, § 4, 12-6-2016)

8181-13 - Accessory dwelling unit procedures pursuant to subdivision (j) of Section 65852.2 of the Government Code Section.

Notwithstanding any other provision of this Article:

(a)

No public hearings shall be conducted on applications for accessory dwelling units under Section 8175-5.1.1. After public notice, interested persons may submit written comments to the Planning Director prior to the Planning Director's decision.

(b)

The Planning Director shall not defer decisions on applications for accessory dwelling units to the Planning Commission or the Board of Supervisors.

(c)

Decisions of the Planning Director on applications for accessory dwelling units are final County decisions with no County appeals and shall, upon being rendered, be appealable to the Coastal Commission in accordance with Section 8181-9.5.

(Add Ord. 4283—6/3/03; Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4520, § 6, 2-27-2018)

8181-14 - Reasonable accommodation.[12] Footnotes: --- (12) ---

Editor's note— Ord. No. 4451, § 7, adopted December 11, 2012, repealed and replaced §§ 8181-14—8181-14.8. Former §§ 8181-14 —8181-14.8 pertained to similar subject matter and were derived from Ord. No. 4435, § 2, adopted June 28, 2011.

8181-14.1 - Purpose.

a.

Pursuant to the Federal Fair Housing Act, and the California Fair Employment and Housing Act (the Acts), it is the policy of the County to provide individuals with disabilities reasonable accommodations in land use and zoning rules, policies, practices and procedures that may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling or housing opportunity. Requests for reasonable accommodation shall be processed in accordance with this Section.

b.

Reasonable accommodations may include, but are not limited to, setback area encroachments for ramps, handrails, or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways that would not otherwise comply with required landscaping or open space area provisions; and building addition(s)necessary to afford the applicant an equal opportunity to use and enjoy a dwelling or housing opportunity.

(Ord. No. 4451, § 7, 12-11-2012; Ord. No. 4640, § 5, 12-17-2024)

8181-14.2 - Reasonable accommodation requests.

a.

An applicant may initiate a Reasonable Accommodation Request either orally or in writing. Although not required by the Acts, the Planning Division has created a Reasonable Accommodation Request application to streamline the process. While the County recommends that applicants utilize this application, the County will not require applicants to use a particular form or medium to initiate a Reasonable Accommodation Request.

b.

If the project for which the request is being made requires a discretionary decision the County recommends that the applicant file the Reasonable Accommodation Request application concurrently with the application for discretionary approval. In this case, the review period for the Reasonable Accommodation Request shall be the same as the application review period for the discretionary decision.

c.

Although the applicant may be represented by an agent, the applicant must qualify as a protected individual under the Acts. The Acts require the reasonable accommodation process to be iterative and interactive. To ensure that the process is accessible to the applicant, Planning Division staff will assist applicants with submitting Reasonable Accommodation Requests or processing any appeals associated with such requests.

(Ord. No. 4451, § 7, 12-11-2012; Ord. No. 4640, § 5, 12-17-2024)

8181-14.3 - Reasonable accommodation determination.

Upon receipt of a Reasonable Accommodation Request, the Planning Director or designee shall review the request and make a determination whether to approve or deny it, in whole or in part. All references to the Planning Director in Section 8181-14 shall include their designee. If additional information is needed to make a determination, the Planning Director shall request the necessary

information from the applicant, in writing. The applicant shall provide the information prior to the Planning Director acting upon and/or making a determination on the Reasonable Accommodation Request.

(Ord. No. 4451, § 7, 12-11-2012; Ord. No. 4640, § 5, 12-17-2024)

8181-14.4 - Standards for determining reasonable accommodation requests.

The Planning Director shall consider the following criteria in making a determination on a Reasonable Accommodation Request:

a.

The applicant seeking the accommodation(s) is a qualified individual protected under the Acts.

b.

When housing is the subject of the Reasonable Accommodation Request, the housing will be used by a qualified individual protected under the Acts.

c.

As applicable, the requested accommodation is necessary to make a dwelling or housing opportunity available to a qualified individual protected under the Acts.

d.

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

e.

The requested accommodation would not require a fundamental alteration in any County program, policy, practice, ordinance, and/or procedure, including zoning ordinances, and will be consistent with the standards and policies of the LCP.

f.

The requested accommodation will not result in a direct and significant threat to the health or safety of other persons or substantial physical damage to the property of others.

(Ord. No. 4451, § 7, 12-11-2012; Ord. No. 4640, § 5, 12-17-2024)

8181-14.5 - Conditions of approval.

The Planning Director may impose conditions on the approval of a Reasonable Accommodation Request, which may include, but are not limited to, any or all of the following:

a.

Periodic inspection of the affected premises by the County's Code Compliance Division to verify compliance with this section and any applicable conditions of approval;

b.

Removal of the improvements by the applicant when the accommodation is no longer necessary to afford the applicant an equal opportunity to use and enjoy the dwelling unit(s) or housing opportunity, if removal would not constitute an unreasonable financial burden:

c.

Expiration of the approval when the accommodation is no longer necessary to afford the applicant an equal opportunity to use and enjoy the dwelling unit or housing opportunity; and/or

d.

A requirement that the applicant advise the Planning Division if the applicant no longer qualifies as an individual with a disability under the Acts or if the accommodation granted is no longer reasonable or necessary to afford the applicant an equal opportunity to use

and enjoy a dwelling unit(s) or housing opportunity.

(Ord. No. 4451, § 7, 12-11-2012; Ord. No. 4640, § 5, 12-17-2024)

8181-14.6 - Written determination on the request for reasonable accommodation.

a.

Except as provided in Section 8181-14.2, not more than forty-five (45) days after receiving a completed Reasonable Accommodation Request, the Planning Director or other approving authority, shall issue a written determination and shall set forth in detail the basis for the determination, the findings on the criteria set forth in Section 8181-14.4, and the conditions of approval. The determination shall be sent to the applicant by certified mail and shall give notice of the applicant's right to appeal as set forth in Section 8181-14.7.

b.

Upon the request of the Planning Director to the applicant to provide additional information pursuant to Section 8181-14.3, the 45-day determination period shall be stopped. Once the applicant provides the Planning Director the information requested, a new 45-day period shall begin.

(Ord. No. 4451, § 7, 12-11-2012; Ord. No. 4640, § 5, 12-17-2024)

8181-14.7 - Appeals.

Within ten (10) calendar days of the date of the Planning Director's written determination, the applicant may file an appeal of the determination pursuant to Section 8181-9 of this Chapter. Appeals of decisions on Reasonable Accommodation Requests will be heard by the Planning Commission.

(Ord. No. 4451, § 7, 12-11-2012; Ord. No. 4640, § 5, 12-17-2024)

8181-14.8 - Limitations on approvals of reasonable accommodation requests.

Any grant of accommodation shall be personal to the applicant and shall not run with the land.

(Ord. No. 4640, § 5, 12-17-2024)