Ventura County Municipal Code Art. 11 Entitlements—Process and Procedures

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.

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)

Permits authorized by this Chapter include the following:

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)

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)

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)

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.

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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.

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)

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.

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—8181-5.9 as §§ 8181-5.3—8181-5.8.

Each application request for any purpose subject to the regulations of this Chapter, except appeals of decisions regarding developments subject to appeal, shall be accompanied by payment of all outstanding fees and charges billed by and owed to the County under Division 8, Chapters 1, 1.1, and 2 by the applicant or by persons, partnerships, corporations or other entities owned or controlled by applicant or owning or controlling applicant. Furthermore, each application for any of the above, and for appeals of decisions regarding developments not subject to appeal, shall be accompanied by the fee specified by Resolution No. 222 of the Board of Supervisors. No application or appeal shall be accepted for filing or be processed unless the applicant complies with this Section.

(a) Exemptions. No fee need accompany applications for activities sponsored by nonprofit organizations that are solely youth-oriented, including, but not limited to, Scouts, 4-H Clubs, and Little Leagues. No filing fee shall be charged or collected for any application or appeal filed by any County officer, employee, board, commission, or Board-governed Special District on behalf of the County.

(b) Penalty Fees. Where a use is inaugurated, or construction to that end is commenced, prior to the granting of the required entitlement or amendment to the LCP, the fee for said entitlement or amendment shall be doubled. Payment of such double fee shall not relieve persons from fully complying with the requirements of this Code, nor from any other penalties prescribed herein. In no event shall such double fee exceed the application fee plus one thousand dollars ($1,000.00).

(c) Billing Method. Once a decision is rendered and becomes final regarding an entitlement, the applicant shall be billed for the balance of fees and charges up to the ceiling amount as specified by the fee schedule (Resolution No. 222). Should final costs be less than the deposit fee, the unused portion of the deposit shall be refunded to the applicant. Upon request, an accounting of all fees and charges billed to the applicant shall be made available. An applicant may request, or the County may require, incremental billing for processing costs of an application request. All fees and charges shall be due and payable within thirty (30) days of the date of any billing invoice. If billed fees and charges are not paid within thirty (30) days of the invoice date, a penalty charge of two (2) percent of the unpaid balance will be added to the balance due, and each month thereafter an interest charge of two (2) percent of the unpaid balance shall be added and compounded until the bill is paid in full.

(d) Failure to Pay. While the County may choose not to stop processing an application for which the applicable billed fees and charges have not been paid, the County may, after a hearing, deny such application based on the applicant's failure to pay said fees and charges.

(Ord. No. 4451, §§ 7, 9, 12-11-2012)

Editor's note— See editor's note at § 8181-5.3.

(a) May result in significant environmental impacts that cannot be mitigated to insignificant levels.

(b) Involves significant public controversy.

(c) May be in conflict with County policies, or would necessitate the establishment of new policies.

(d) May be precedent-setting.

(e) Should be deferred for any other cause deemed justifiable by the Planning Director.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— See editor's note at § 8181-5.3.

If an application for renewal of permit has been filed prior to the expiration date of that permit, and is being diligently pursued, the activities for which the permit was granted may continue during the renewal process, unless otherwise provided for in the conditions of the permit. All the terms and conditions of the original permit must be followed at all times.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— See editor's note at § 8181-5.3.

It shall be the responsibility of the property owner, and the permittee when the property owner is not the applicant, to ensure that all conditions placed on a permit are met.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— See editor's note at § 8181-5.3.

Except as otherwise specified in this Chapter, the decision-making authority may impose a penal and/or performance security on any discretionary entitlement as a condition of such entitlement. The security(s) shall be filed in a form acceptable to the County Counsel and certified by the County Clerk.

(a) The required amount of the security(s) may be increased periodically by the Planning Director in order to compensate for inflation (based on the applicable regional Consumer Price Index) or other factors, so that the same relative value of the security is maintained over the life of the permit, and to assure that performance securities continue to reflect the actual anticipated costs for completing a required task. No security shall be released until after all of the applicable conditions of the permit have been met.

(b) In the event of any failure by the permittee to perform or comply with any term or condition of a discretionary entitlement, the decision-making authority may, after notice to the permittee and after a public hearing, determine by resolution the amount of the penalty, and declare all or part of the security forfeited. The sureties and principal will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the County. The forfeiture of any security shall not insulate the permittee from liability in excess of the sum of the security for damages or injury, nor from expense or liability suffered by the County from any breach by the permittee of any term or condition of the permit or of any applicable ordinance or of the security.

(c) The permittee shall maintain the minimum specified amount of a penal security throughout the life of the entitlement. Within thirty (30) days of any forfeiture of a penal security, the permittee shall restore the security to the required level.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— See editor's note at § 8181-5.3.

Footnotes:

--- (10) ---

Editor's note— Ord. No. 4451, § 7, adopted December 11, 2012, repealed and replaced §§ 8181-6—8181-6.3. Former §§ 8181-6—8181-6.3 pertained to notice and hearing procedures and were derived from original Code.

At the time the application for development within the coastal zone is submitted, the Planning Director shall determine whether the development is categorically excluded, nonappealable, or subject to appeal to the Coastal Commission for purposes of notice, hearing and appeals procedures. The Planning Director shall inform the applicant of the notice and hearing requirements for that particular development. The Planning Director's determination shall be made with reference to the certified LCP, including any maps, categorical exclusions, land use designations and zoning ordinances that are adopted as part of the LCP.

If the determination is challenged by the applicant or other interested party, or by a local government, or if the County wishes to have a Coastal Commission determination as to the appropriate designation, the County shall notify the Coastal Commission by telephone of the dispute or question, and shall request an Executive Director's opinion. The Executive Director shall, within two (2) working days of the County's request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, nonappealable, or subject to appeal to the Coastal Commission.

If the Executive Director's determination is not in agreement with the County's determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the development.

(Ord. No. 4451, § 7, 12-11-2012)

The Planning Director shall hold at least one (1) public hearing on any duly filed application that requires a discretionary decision unless the hearing requirement is waived pursuant to Section 8181-6.2.3. If the Director defers the application to the Planning Commission, the Planning Commission shall hold at least one (1) public hearing per the requirements of this Article.

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

The County shall give public notice of the hearing by publication in a newspaper of general circulation at least ten (10) calendar days prior to the hearing. In addition, the County shall provide notice of such hearing by first class mail at least ten (10) calendar days prior to the public hearing.

(a) The notice shall be mailed to all of the following:

(1) The owner of the subject property, or the owner's duly authorized agent;

(2) The applicant, if different from the owner;

(3) The Coastal Commission;

(4) Each local agency whose ability to provide essential services or facilities within its jurisdiction may be significantly affected by the project;

(5) All property owners within three hundred (300) feet and residents within one hundred (100) feet of the exterior boundaries of the Assessor's Parcel(s) on which the development is proposed. If the 300-foot radius does not include fifteen (15) or more parcels of real property, the radius shall be expanded until the owners of at least fifteen (15) parcels will be notified. Names and addresses shall be obtained, or cause to be obtained, by the applicant from the latest equalized assessment roll. If the number of owners exceeds one thousand (1,000), a one-eighth (⅛) page advertisement published at least ten (10) days prior to the hearing in a newspaper of general circulation may be substituted for the direct mailing;

(6) Any person who has filed a written request with the Planning Director or the Clerk of the Board of Supervisors to be on the mailing list for that development project or for coastal decisions within the unincorporated area of the County of Ventura;

(7) In the case of appeal hearings, notice shall also be provided to the applicant and, if applicable, to the County official, department, Board or Commission whose order, requirement, permit, decision or determination is the subject of the appeal.

(b) The notice shall contain the following information:

(1) A statement that the development is within the coastal zone;

(2) The date of filing of the application and the name of the applicant;

(3) The number assigned to the application;

(4) A description of the development and its proposed location;

(5) The date, time and place of the hearing, and the identity of the hearing body or officer;

(6) A brief description of the general procedure of the County concerning the conduct of hearings and actions; and

(7) The system for County and Coastal Commission appeals, including local fees required.

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

All public hearings shall be conducted in accordance with the Government Code and this Chapter.

(Ord. No. 4451, § 7, 12-11-2012)

(a) Consistent with Section 30624.9 of the Public Resources Code, the public hearing requirement for minor developments may be waived if all of the following occur:

(1) Notice is sent to all persons consistent with the provisions of Section 8181-6.2.1, as well as all other persons known to be interested in receiving such notice;

(2) The notice states that a public hearing will be held upon the request of any person;

(3) No request for public hearing is received by the County within fifteen (15) working days from the date of sending the notice.

(b) The notice provided pursuant to subsection (a) shall include a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal to the Coastal Commission any action taken by the County on a coastal development permit application.

(c) Requests for a public hearing must be made in writing to the Planning Division, and must identify the reasons for such request.

(Ord. No. 4451, § 7, 12-11-2012)

Not more than 40 calendar days following the termination of hearings on an application request requiring a discretionary decision, the final decision-making authority shall render its decision, either by the adoption of a Resolution (for applications decided by the Planning Commission), or by the issuance of a Determination Letter (for applications decided by the Planning Director). A Resolution or Determination Letter rendering a decision on an application request shall recite such conditions and limitations as are deemed necessary by the decision-making authority, and shall require that all conditions requiring recordation of an interest in property, and other conditions as appropriate, shall be satisfied prior to issuance of the Planned Development or Conditional Use Permit or variance.

The decision-making authority hearing a discretionary matter may approve, deny or modify, wholly or partly, the request being reviewed. The authority may impose such conditions and limitations as it deems necessary to assure that all applicable policies and specific requirements as well as the general purpose and intent of the LCP, including its land use plan and this Chapter, will be carried out, and further that the public interest, health, safety, and welfare will be secured. In the absence of any provision to the contrary in a decision granting a request, said request is granted as set forth in the application. All conditions and restrictions applied to an application request not appealed from shall automatically continue to govern and limit the subject use or structure unless the action of the decision-making authority clearly indicates otherwise.

(Ord. No. 4451, § 9, 12-11-2012)

A decision on an application for development shall be deemed final when:

a. The decision has been rendered, and

b. All required findings have been adopted, including specific factual findings supporting the legal conclusion that the proposed development is, or is not, in conformity with the certified LCP, and

c. For decisions appealable to the Coastal Commission, all local rights of appeal have been exhausted.

(Ord. No. 4451, § 9, 12-11-2012)

(This Section shall not apply to exempt or categorically excluded developments,) Within seven (7) calendar days of a final decision on an application for any development, the County shall provide notice of its action by first class mail to the applicant, the Coastal Commission, and any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the County. Said notice shall contain a brief project description, name and address of the applicant, any conditions of approval and written findings, and the procedures for appeal of the local decision to the Coastal Commission (for developments subject to appeal).

(Ord. No. 4451, § 9, 12-11-2012)

A decision by the County on a development request shall not be considered effective until:

a. The appropriate appeal period (pursuant to Section 8181-9.2) has expired and no appeal has been filed, or

b. After all valid appeals regarding the decision are settled by the appropriate decision-making body.

(Ord. No. 4451, § 9, 12-11-2012)

(a) If the County fails to provide public notice or hold a hearing on a proposed development as required by law, the applicant or their representative may either:

(1) File an action to compel the County to provide the public notice or hold the hearing, or both, pursuant to Government Code Section 65956(a); or

(2) File an appeal pursuant to Section 8181-9.2.

(b) In the event that the County fails to act to approve or to disapprove a development project within the time limits required by Article 5 (commencing with Section 65950) of Chapter 4.5 of Division 1 of Title 7 of the Government Code, the failure to act shall be deemed approval of the permit application, as long as the County (or the applicant) provides the public notice required by law and, if the notice is provided by the applicant, the County is given sixty (60) days to address its failure to act by acting on the application before it can be deemed approved. If the County has failed to provide public notice by the date sixty (60) days prior to the expiration of the time limit established by Section 65950 or 65952, the applicant may provide the required public notice in accordance Government Code Section 65956(b), which requires, among other things, that the applicant have first provided the County with seven (7) days advance notice of the applicant's intent to provide such notice.

(c) Notification by the County. When a development is deemed approved pursuant to this Section, the County shall, within seven (7) calendar days of such approval, notify any person entitled to receive notice that it has taken final action by operation of law pursuant to Government Code Section 65956(b). The appeal period for projects approved by operation of law shall begin only upon receipt of the notice in the Coastal Commission office.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— Ord. No. 4451, § 9, adopted December 11, 2012, amended § 8181-7.5 to read as set out herein. Previously § 8181-7.5 was titled notice after County fails to act.

The Planning Director shall be responsible for preparing the resolutions or letters mentioned in this Article and any other paper or document required by the Planning Commission or Board of Supervisors in order to discharge their duties and responsibilities under this Article and Chapter.

Unless otherwise specified in this Ordinance Code or permit conditions, any permit hereafter granted becomes null and void if a Zoning Clearance is not obtained by the permittee within the time specified in such permit. If no date is specified, the permit shall expire one year from the date of issuance unless a Zoning Clearance has been issued. After expiration of a permit, the property affected thereby shall be subject to the regulations of the applicable zone classification. The permittee is solely responsible for the timely renewal of a permit; the County has no obligation to notify the permittee of the imminent expiration of the permit.

An application request may be denied with prejudice on the grounds that two or more similar application requests have been denied in the past two years, or that other good cause exists for limiting the filing of applications with respect to the property. If such denial becomes effective no further application for the denied request shall be filed in whole or in part for the ensuing 18 months except as otherwise specified at the time of the denial.

Any order, requirement, permit, determination or decision made in the administration or enforcement of this Chapter may be appealed in the manner described herein.

All appeals shall be filed with the planning division on the appropriate application forms and addressed to the decision-making authority hearing the appeal. the appropriate decision-making authorities, unless otherwise stipulated herein, are as follows:

a. Appeals of decisions by the Planning Director shall be heard by the Planning Commission.

b. Appeals of Planning Commission decisions shall be heard by the Board of Supervisors.

c. An appeal relating solely to requests for waivers or modifications of policies of the Board of Supervisors need only be heard by the Board.

d. Appeals of Board of Supervisor's decisions on developments subject to appeal shall be heard by the Coastal Commission.

(Ord. No. 4451, § 9, 12-11-2012)

The appeal period for appeals to County decision-making authorities shall end ten (10) calendar days after the decision being appealed is rendered pursuant to Section 8181-7.3, or on the following workday if the tenth day falls on a weekend or holiday.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— Ord. No. 4451, § 9, adopted December 11, 2012, amended § 8181-9.2 to read as set out herein. Previously § 8181-9.2 was titled appeal period.

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.

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

(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 and supportive housing 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; Ord. No. 4656, § 5, 12-16-2025)

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.

(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)

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)

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.

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.

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)

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)

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.

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; Ord. No. 4656, § 5, 12-16-2025)

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; Ord. No. 4656, § 5, 12-16-2025)

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; Ord. No. 4656, § 5, 12-16-2025)

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; Ord. No. 4656, § 5, 12-16-2025)

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; Ord. No. 4656, § 5, 12-16-2025)

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; Ord. No. 4656, § 5, 12-16-2025)

Within ten 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; Ord. No. 4656, § 5, 12-16-2025)

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

(Ord. No. 4640, § 5, 12-17-2024; Ord. No. 4656, § 5, 12-16-2025)

Notwithstanding Any Other Provision of this Chapter:

a. Applications for Coastal Development Permits for supportive housing pursuant to Section 8175-5.22.3.1 shall be reviewed and decided ministerially by the Planning Director.

b. No public hearings shall be conducted on applications for supportive housing pursuant to Section 8175-5.22.3.1. However, upon the application being deemed complete, public notice of the project shall be provided to the parties identified in Section 8181-6.2.1(a). The public notice shall include a deadline for submitting written comments. Interested parties may submit written comments to the Planning Director by the deadline specified in the notice, which shall be prior to the Planning Director's decision.

c. The Planning Director shall not defer decisions on applications for supportive housing pursuant to Section 8175-5.22.3.1 to the Planning Commission or the Board of Supervisors. The County shall provide notice of the Planning Director's decision pursuant to Section 8181-7.3.

d. Decisions of the Planning Director on applications for supportive housing pursuant to Section 8175-5.22.3.1 are final County decisions not subject to administrative County appeal and shall, upon being rendered, be appealable to the Coastal Commission in accordance with Section 8181-9.5.

e. Issuance of the ministerial Coastal Development Permit following a Planning Director decision to approve the application shall not occur until recordation of the deed restriction required pursuant to Section 8175-5.22.3.1(a)(2)(ii).

(Ord. No. 4656, § 5, 12-16-2025)