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:

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Editor's note— Ord. No. 4451, § 7, adopted December 11, 2012, repealed and replaced §§ 8181-10—818110.4.3. 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.

(Ord. No. 4451, § 7, 12-11-2012)

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)

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)

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)

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.

(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 twentyone (21) years from the date of recordation.

blic 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 twentyone (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.

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:

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Editor's note— Ord. No. 4451, § 7, adopted December 11, 2012, repealed and replaced §§ 8181-14—818114.8. 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.

ay 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)