This Article provides the general authority and identifies procedures necessary to file and process development proposals in any zone.

A.

Types of Procedures. The five procedures used to review all types of applications under this Article, as described in Section 130.50.040 (General Review Procedures) below in this Chapter, are the following:

1.

Director-level review without public notice;

2.

Director-level review with public notice; or

3.

Zoning Administrator-level review with public notice and public hearing; or

4.

Planning Commission-level review with public notice and public hearing; or

5.

Board of Supervisors-level review with public notice and public hearing.

(Ord. No. 5127, § 15, 9-1-2020)

The review authority of original jurisdiction for each type of application or use entitlement shall be as provided below in Table 130.50.030.A (Review Authority) below in this Section. The nature of the initial action (i.e. issue, decide, or recommend) is shown, in compliance with Chapter 130.52 (Permit Requirements, Procedures, Decisions, and Appeals) below in this Article.

Table 130.50.030.A—Review Authority

A.

An applicant may waive their option for a decision by the Director or Zoning Administrator and be heard directly by the Commission.

B.

The Director may defer action and refer any permit or authorization application to the Commission for determination.

C.

All decisions of the review authority are appealable, in compliance with Section 130.52.90 (Appeals) below in this Article.

D.

All planning applications shall comply with Section 130.51.050 (Public Notice Requirements and Procedures) below in this Article.

(Ord. No. 5127, § 16, 9-1-2020; Ord. No. 5177, § 8, 6-20-2023; Ord. No. 5218, § 9, 12-10-2024)

The various types of planning applications will be subject to one of the following procedures based on level of review by the Director, Zoning Administrator, Planning Commission, and/or Board of Supervisors:

A.

Director-level Review without Public Notice. Director shall render decisions based upon standards that have been adopted by the County as law or as policy without the requirement of notice to nearby property owners and other parties.

B.

Director-level Review with Public Notice. Staff shall provide written or published notice to nearby property owners and interested parties regarding specific findings or conditions prior to a decision. The notice shall describe the pending decision, the appeal procedure, and provide interested parties an opportunity to comment before the Director renders a decision. The nearby and interested parties are identified and outlined in Table 130.051.050.1 (Public Notice Requirements and Procedures) below in this Article.

C.

Zoning Administrator-level Review with Public Notice and Public Hearing. Zoning Administrator-level review is conducted by the Zoning Administrator, the Director, or designee, is discretionary in nature, and is subject to a noticed public hearing. During the course of the public hearing, the Zoning Administrator shall invite public testimony, review evidence, and then render its decision in compliance with Section 130.51.060 (Conditions of Approval) below in this Article. Public notice of a Zoning Administrator-level review hearing is set forth in Table 130.51.050.1 (Public Notice Requirements and Procedures) below in this Article.

D.

Planning Commission-level Review with Public Notice and Public Hearing. Planning Commission-level review is discretionary in nature, and is subject to a noticed public hearing. During the course of the public hearing, the Commission shall invite public testimony, review evidence, and then render its decision in compliance with Section 130.51.060 (Conditions of Approval) below in this Article. Public notice of a Planning Commission-level review hearing is set forth in Table 130.51.050.1 (Public Notice Requirements and Procedures) below in this Article.

E.

Board of Supervisors-level Review with Public Notice and Public Hearing. Board-level review is discretionary in nature, and is subject to a noticed public hearing. During the course of the public hearing, the Board shall invite public testimony, review evidence, and then render its decision in compliance with Section 130.51.060 (Conditions of Approval) below in this Article. Public notice of a Board-level review hearing is set forth in Table 130.51.050.1 (Public Notice Requirements and Procedures) below in this Article.

(Ord. No. 5127, § 17, 9-1-2020)

This Chapter establishes the application requirements and noticing provisions necessary to process land use and development proposals in any zone.

An application for an allowed use decision or permit required by this Title shall be submitted on an application form provided by the Department and shall include the written consent of the lawful owner or owners of record. Each allowed use application and information packet shall include a list of the information and materials necessary to render the requested allowed use decision. Each application shall be accompanied by the required information and materials before the application is deemed complete and accepted for filing. Any application made under the provisions of this Title may be initiated by the Board or by an applicant identified in [Subsection] A below.

A.

A permit application may be filed by:

1.

The lawful owner or owners of record of the lot on which the proposed project will be located, or their duly authorized agent.

2.

A person with lawful power of attorney or other acceptable authority from the lawful owner of record. Evidence of authorization shall be submitted with the application.

B.

When more than one land use decision is required for a single project, all applications may be filed concurrently. The review authority shall act on the different parts of a combined application on their own merits, and may approve one application without approving the other or others.

C.

Approvals granted for an application that was submitted containing a material misrepresentation or omission of material facts known to the applicant may result in revocation or unilateral modification of conditions of a permit or approval by the County, as provided in Section 130.54.090 (Revocation or County Mandated Modification of a Permit) below in this Article.

D.

Applications for permits or authorizations required by this Title shall be filed with the Department. All applications shall meet the following requirements:

1.

The proposed use is allowed, or has been found to be similar and compatible with allowed uses, within the zone in which it is located;

2.

The proposed use meets all applicable standards and requirements of this Title or such standards that are the subject of a concurrently filed Variance application; and

3.

No violation of the County Code or any condition of approval of an applicable use entitlement exists on the subject site, unless the purpose of the application is to bring the violation into compliance.

E.

Application Fees. Application fees adopted by resolution of the Board shall be paid upon application submittal. Additional fees may be required subject to the provisions of the adopted fee schedule, such as for "time and material" fee categories. Policies for collection of fees, refunds, and handling overdue accounts while processing applications shall be determined by the Director, or by the Agricultural Commissioner in the case of fees for Administrative Permits issued under Chapter 130.44 (Ranch Marketing).

F.

Review of Applications. Within 30 days of the filing of an application, the Department shall review it for completeness and accuracy before the application is accepted as being complete and officially filed. The applicant shall be notified in writing by the Department that either:

1.

The application has been determined to be complete and accepted for processing; or

2.

The application is incomplete and additional information, specified in writing, must be provided. If an application is determined to be incomplete, the time in which the application must be processed shall be stayed until such time as the applicant has provided the required information.

If the Department fails to notify the applicant in writing within 30 days of filling, the application shall be deemed complete. The Department may request additional information where needed to comply with the California Environmental Quality Act (CEQA).

G.

Expiration of Application. The application shall expire and be deemed withdrawn, requiring processing to stop and the filing of a new application for project consideration, if:

1.

An application has been determined to be incomplete and the required information is not submitted within one year from the date of determination; or

2.

An applicant has requested that processing be delayed or stayed for a period of more than one year.

(Ord. No. 5177, § 9, 6-20-2023)

A.

After acceptance of an application in compliance with Subsection 130.51.020.F (Review of Applications) above in this Chapter, the Department shall review the proposed project in compliance with the CEQA Statutes and Guidelines (California Public Resources Code 21050 et seq.) and any county CEQA implementation resolutions, as may be amended from time to time. Unless the Department determines that the proposed project is not a "project" as defined by CEQA, and that the project is not exempt from the requirements of CEQA, the Department shall prepare the appropriate CEQA document concurrently with the processing of the application(s).

B.

The Department may require the applicant to submit additional information, reports, or analyses that may be needed for the environmental review of the project.

C.

When a determination is made to prepare an Environmental Impact Report (EIR) in compliance with CEQA, the Commission may, when necessary, separately consider the Director's decision to require the preparation of an EIR prior to its preparation.

D.

Before taking an action to approve an allowed use application that is subject to CEQA, the review authority shall consider and certify the applicable the CEQA document, including appropriate findings.

When an application requires action by a review authority at a public hearing, the Department shall prepare a report and make a recommendation on the project. The procedure for preparing said report shall be as follows:

A.

Application information shall be distributed to appropriate County departments, local, state, and federal agencies, interested organizations and individuals, and any other party whom the Department finds could provide relevant comments on the potential effects of the project.

B.

The Department may perform an on-site inspection of the project site before confirming that the request complies with all of the applicable criteria and provisions identified in this Title.

C.

Upon receipt of comments after distribution, the Technical Advisory Committee (TAC) shall conduct a meeting as set forth in Section 130.60.060 (Technical Advisory Committee) in Article 6 (Zoning Ordinance Administration) of this Title, unless staff determines no TAC meeting is necessary. The applicant is encouraged to attend the TAC meeting.

D.

After the meeting, or where staff determines no TAC meeting is necessary, the Department shall review the application and prepare a report to the applicable review authority on whether the proposed project should be approved, conditionally approved, or denied. The staff report shall include the recommendations of state and local agencies, and other County departments, and shall include an analysis of the proposed project and its compliance with this Title, the General Plan, adopted design standards, and any other applicable provisions of the County Code or State law.

E.

The staff report shall be distributed to the applicant and made available to the public within the time frames established by state law, as may be amended from time to time.

A.

This Section implements greater public notice requirements than the prescribed requirements in California Government Code §§ 65090—65095). The public notice requirements and procedures for the various types of planning actions are set forth below in Table 130.51.050.1 (Public Notice Requirements and Procedures—Administrative Projects) and Table 130.51.050.2 (Public Notice Requirements and Procedures—Discretionary Projects). Public notice regarding projects will be mailed to nearby property owners according to the distance radius from the project site parcel boundary as specified in these tables. If the project has multiple actions with conflicting distance radii, then the greater distance radius shall apply.

B.

The notice shall be mailed at least ten days prior to the hearing to any person who has filed a written request for notice either with the clerk of the governing body or with any other person designated by the governing body to receive these requests. The local agency may charge a fee, which is reasonably related to the costs of providing this service, and the local agency may require each request to be annually renewed. As used in this Chapter, "person" includes a California Native American tribe that is on the contact list maintained by the Native American Heritage Commission (Government Code § 65092).

C.

The failure of any person or entity to receive notice pursuant to this Title shall not constitute grounds for any court to invalidate the actions by the Director, Zoning Administrator, Planning Commission, and/or Board of Supervisors for which the notice was given (Government Code § 65093).

D.

Any public hearing conducted under this Title may be continued from time to time (Government Code § 65095). If a hearing on a project is continued to a date certain, no additional public notice is required. Projects continued off calendar require new public notice.

E.

Public Notice Requirements and Procedures—Administrative Projects. Administrative projects are projects that require the issuance of an Administrative Permit as specified throughout the various matrices of allowed uses set forth in this Title. Administrative project types listed in Table 130.51.050.1 (Public Notice Requirements and Procedures—Administrative Projects) require public notice prior to a Director decision or no public notice as specified below.

Table 130.51.050.1. Public Notice Requirements and Procedures—
Administrative Projects

F.

Public Notice Requirements and Procedures—Discretionary Projects. Discretionary projects require the issuance of a discretionary permit as specified throughout the various matrices of allowed uses set forth in this Title. Discretionary projects include project types such as Conditional Use Permit, Design Review, General Plan Amendment, and other project types listed in Table 130.51.050.2 (Public Notice Requirements and Procedures—Discretionary Projects). Discretionary projects listed in this table require public notice prior to Director, Zoning Administrator, Planning Commission, and/or Board of Supervisors decision; or no public notice as specified below:

Table 130.51.050.2 Public Notice Requirements and Procedures—
Discretionary Projects

G.

Reserved.

H.

Physical Sign Posting. The applicant shall post a sign on the subject property for the purpose of providing notice that an application at the subject property is currently undergoing review. The sign shall comply with the following specifications:

1.

The size of the sign shall be a minimum of 32 square feet (four feet high by eight feet wide).

2.

The sign text shall be large, black letters on a white background. The font size shall be proportional to the sign size for optimum readability. The sign content shall specify project type (e.g., Commercial, Residential, Industrial, Mixed Use) and shall include the following minimum information: Project type, project name, number of units or building square footage, project number, Planning Services phone number, and Planning Services website. Below is a typical example as a guideline for a sign layout; apply the information as it pertains to the individual project.

Typical Example

3.

A minimum of one sign shall be posted facing each right-of-way on which the property has frontage.

4.

The sign shall be posted no more than 20 feet from the edge of the right-of-way for maximum visibility.

5.

For property that does not have street frontage or is not easily visible from the right-of-way, the sign(s) shall be posted in a location deemed suitable by the Director or designee.

6.

The sign(s) shall be posted on the property at least 30 calendar days prior to the hearing. The sign(s) shall remain posted until final action has been taken on the application and the appeal period has expired.

7.

The sign(s) shall be removed within 30 days of the final action.

8.

The sign(s) shall be constructed of materials suitable to withstand the estimated posting time and to endure weather conditions.

(Ord. No. 5127, § 18, 9-1-2020)

Editor's note— Ord. No. 5127, § 18, adopted Sept. 1, 2020, changed the title of § 130.51.050 from public notice to public notice requirements and procedures.

In approving an application for a permit or authorization, the review authority may establish reasonable conditions to its approval that are found to be necessary to mitigate impacts created by the proposed project, that are consistent with the General Plan, Zoning Ordinance, and other applicable laws, ordinances, standards, or regulations, and that protect the public health, safety, and welfare.

A.

Conditions of approval may be revised in compliance with Chapter 130.54.070 (Revisions to an Approved Permit or Authorization).

B.

The violation of any required condition shall constitute a violation of this Section and may constitute grounds for revocation of the permit or authorization in compliance with Section 130.54.090 (Revocation or County Mandated Modification of a Permit) below in this Article.

C.

The review authority may require recordation of the conditions of approval for Design Review, Variance, Conditional/Minor Use, and Development Plan permits.

A.

In the event the County fails to act on a development project, as defined in California Government Code (GC) Section 65928, within the time limits set forth in GC Section 65920 et seq., the development project shall be deemed approved provided the project meets all of the following:

1.

Public notice is provided by the applicant in compliance with GC Section 65956(b).

2.

The proposed use in the development project is an allowed use in the applicable zone.

3.

The development project is consistent with General Plan policies, any applicable specific plan requirements, and development standards and other provisions in this Title.

4.

The development project complies with the adopted standards of the Department of Transportation, Environmental Management Department, Planning and Building Department, the responsible fire department, and any other state or local agency necessary to protect the public health, safety, and welfare.

B.

Any automatic approval of a development project shall become null and void unless all conditions imposed by this Section have been fully complied with and the occupancy, use of the land, and use of the proposed or existing structure(s) authorized by the automatic approval has taken place within 24 months after the date of the automatic approval.

A.

Within ten days of a final decision on an application for an allowed use decision or permit required by this Article, the County shall provide notice of its final action to the applicant and to any person(s) who specifically requested notice of the County's final action and has provided a self-addressed stamped envelope.

B.

The notice shall contain the final decision by the review authority, any conditions that may have been imposed, and the findings made to support the decision.

A.

This process provides for a pre-application or conceptual review prior to the submittal of development applications to:

1.

Review preliminary project design to ensure compliance with County policy and ordinances;

2.

Provide early identification of possible issues, giving the applicant the opportunity to seek solutions or consider design alternatives before formal filing of an application;

3.

Suggest alternatives for the project;

4.

Assist the applicant in determining the scope of materials required for submittal of an application, especially those which are complex or involve multiple applications; and

5.

Improve the quality of the application when submitted, thereby simplifying its processing.

B.

Application. The applicant must submit an application to the Department requesting either a pre-application meeting with staff or a conceptual review hearing before the Commission or the Board.

C.

Information Provided. Contents of the application at the time of submittal shall be any available information that will assist staff, Commission members, or the Board in reviewing the proposed project in a timely manner. Required and suggested information shall be listed on the application form, as may be amended from time to time.

D.

When the complexities of an allowed use or permit application warrants, the Department or the applicable review authority may recommend that the applicant submit materials and attend necessary conferences or hearings to conduct, in an informal workshop setting, a preliminary review of the development proposal.

For some Planning Commission-level and Board-level discretionary development projects, the Director may require the applicant to prepare a public outreach plan to provide for early public notice and an opportunity for the public to provide input to the applicant on the proposed development project. For discretionary projects with 300 or more dwelling units, a public outreach plan shall be required.

A.

The public outreach plan may include but shall not be limited to:

1.

Direct mailing to the property owners nearby (distance radius from the proposed project site parcel boundary) for the Project Type as noted in Table 130.51.050.2 (Public Notice Requirements and Procedures—Discretionary Projects) that includes a description of the proposed project and methods for how to submit comments; and

2.

One or more public workshops held in the community by the applicant prior to any County public hearing on the proposed project.

B.

The applicant shall submit the public outreach plan to the Director for approval and inclusion in the public record. The applicant shall implement the public outreach plan and provide a summary to the Director of the outreach efforts conducted including number of attendees at public outreach meetings and public comments received which will be part of the agenda packet presented to the Planning Commission and/or Board of Supervisors.

(Ord. No. 5127, § 19, 9-1-2020)

An Administrative Permit is required in cases where limited review of a proposed structure or use through the site plan review process is necessary to verify compliance with established standards adopted to ensure compatibility with adjacent uses and availability of public services and infrastructure. The Administrative Permit shall also be used for the processing of administrative relief or waiver requests in compliance with Subsection B (Administrative Relief of Waiver) below in this Section or to establish the legal nonconforming status of a use or structure in compliance with Chapter 130.61 (Nonconforming Uses, Structures, and Lots) in Article 6 (Zoning Ordinance Administration) of this Title.

The issuance of an Administrative Permit shall be a ministerial project pursuant to the California Environmental Quality Act (CEQA).

A.

Administrative Permit.

1.

Review Authority and Procedure. The Director shall be the review authority of original jurisdiction for Administrative Permits, except that the Agricultural Commissioner shall be the review authority of original jurisdiction for Administrative Permits issued under Chapter 130.44 (Ranch Marketing) and for Administrative Permits for special events issued under Section 130.40.400 (Wineries). The Agricultural Commissioner shall have all the powers of the Director regarding the review of Administrative Permits and shall comply with all provisions of this Title and this Code that the Director would have to comply with, and all references to the "Director" or "Department" in this Title regarding the review of Administrative Permits shall include the Agricultural Commissioner or the County Agricultural Department, as applicable. The procedure shall be staff-level without public notice, except where Specific Use Regulations in Article 4 (Specific Use Regulations) of this Title provide for public notice.

2.

Standards for Approval. An Administrative Permit shall comply with the following standards:

a.

The structure(s) or use(s) are in compliance with the applicable zone provisions, standards or requirements of this Title, any applicable specific plans, or any other regulations adopted by the County through ordinance or resolution; and

b.

The structure(s) and use(s) are in compliance with requirements and conditions of previously approved entitlements, such as Minor and Conditional Use Permits, or variances, if applicable.

B.

Administrative Relief or Waiver.

1.

Review Authority and Procedure. The Director shall be the review authority of original jurisdiction. The procedure shall be staff-level with public notice as described below. The Director may grant administrative relief or waiver from the standards set forth in this Title of up to the limits set forth in the applicable sections, or ten percent of the area or dimension, whichever is greater, subject to the following procedures:

a.

After submittal of a complete application, the Department shall notify all adjacent property owners by mail of the proposed request;

b.

A period of ten working days shall be provided to the adjacent property owners to comment on the proposed request;

c.

If an objection is received during the comment period, the Director shall not approve the proposed request, and elevate the review to the Zoning Administrator or Commission;

2.

Administrative relief or waiver requests may be approved if in compliance with the following standards:

a.

The proposed reduction does not exceed the limits set forth in this Chapter;

b.

There are no objections from any adjacent property owner; and

c.

The proposed relief will not be detrimental to the public health, safety, and welfare, or injurious to the neighborhood.

3.

A Variance application shall be required for consideration of a reduction in development standards if any of the standards for administrative relief or waiver set forth in Subsection B.2, above in this Section, cannot be met.

4.

Administrative relief and waivers of agricultural setbacks beyond the scope of the Director's authority are referred to the Ag Commission for consideration and approval. The Ag Commission decision may be appealed to the Board.

(Ord. No. 5177, § 10, 6-20-2023; Ord. No. 5218, § 10, 12-10-2024)

A.

Applicability.

1.

Minor Use Permit. A Minor Use Permit is a process for reviewing uses and activities that are typically compatible with other allowed uses within a zone, but due to their nature require consideration of site design and adjacent uses. Minor Use Permits provide for a discretionary review of minor projects or uses that are allowed, but do not meet the standards for administrative review. Unless the Department makes the following determination, the project will be processed as a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) below in this Chapter:

a.

The project incorporates standards or conditions that are capable of mitigating potentially significant environmental impacts to a level less than significant or determined to be exempt from CEQA.

B.

Review Authority and CEQA.

1.

Minor Use Permit. The Zoning Administrator shall have review authority of original jurisdiction for a Minor Use Permit. The approval of a Minor Use Permit is a discretionary project pursuant to CEQA, and public notice and hearing is required.

C.

Specific Findings for Minor Use Permits. In addition to findings of consistency with the requirements and standards of this Title, the review authority shall make the following findings before approving a Minor Use Permit application:

1.

The proposed use is consistent with the General Plan;

2.

The proposed use would not be detrimental to the public health, safety and welfare, or injurious to the neighborhood; and

3.

The proposed use is specifically allowed by a minor use permit pursuant to this Title.

A.

Applicability.

1.

Conditional Use Permit. A Conditional Use Permit is a process for reviewing uses and activities that may be appropriate in the applicable zone but the potential for effects on the site and surroundings cannot be determined without a site specific review.

B.

Review Authority and CEQA.

1.

Conditional Use Permit. The Zoning Administrator or the Commission shall have review authority of original jurisdiction for Conditional Use Permit applications. The determination of the review authority shall be made by the Director based on the nature of the application, and the policy issues raised by the project. The approval of a Conditional Use Permit is a discretionary project and is subject to the requirements and procedures of CEQA.

C.

Specific Findings for Conditional Use Permits. In addition to findings of consistency with the requirements and standards of this Title, the review authority shall make the following findings before approving a Conditional Use Permit application:

1.

The proposed use is consistent with the General Plan; and

2.

The proposed use would not be detrimental to the public health, safety and welfare, or injurious to the neighborhood; and

3.

The proposed use is specifically allowed by a conditional use permit pursuant to this Title.

D.

If there is any single use that triggers the need for a Conditional Use Permit, the Conditional Use Permit will include and address, as long as it remains active, all existing and subsequent uses allowed by discretionary permit.

A.

Applicability. The Design Review Permit process is established in specific areas of the County to ensure compatibility with historical, scenic, or community design criteria. This process is applied only to commercial, industrial, mixed-use, and multi-unit residential projects in the following areas:

1.

Meyers Area Plan.

2.

Land adjacent to or visible from designated State Scenic Highway Corridors.

3.

Other areas where the Design Review-Community (-DC), -Historic (-DH), or Scenic Corridor (-DS) Combining Zones have been applied.

4.

Mixed use development projects in Community Regions that deviate from the Mixed Use Design Manual (adopted by the Board on December 15, 2015 and reformatted on April 24, 2018 (Resolution 197-2015).

B.

Review Authority, Procedure, and CEQA. The Director shall have the review authority of original jurisdiction for all projects that require a Design Review Permit with the exception of projects that are adjacent to or visible from designated state scenic highway corridors. The procedure shall be staff-level with public notice. The Commission shall have the review authority of original jurisdiction for those projects that are adjacent to or visible from designated state scenic highway corridors. The adoption and implementation of Interim Design Standards and Guidelines is exempt from CEQA under Sections 15061(b)(3), 15305, 15308, and 15378 of the CEQA Guidelines. Therefore, until such time as permanent Design Standards and Guidelines are adopted for Community Regions and Rural Centers, County design oversight and CEQA conformance shall consist of the following:

1.

Projects that qualify for state streamlined, ministerial review are considered ministerial, for purposes of CEQA, if designed consistent with the Interim Objective Design Standards (IODS) (Resolution 215-2024).

2.

Multifamily, mixed-use and commercial projects not subject to a Design Review Permit or other discretionary approvals are also considered ministerial for purposes of CEQA, if designed consistent with the Interim Design Standards and Guidelines for Multifamily, Mixed-Use and Commercial Projects (IDSG) (Resolution 214-2024).

3.

Approval of a Design Review Permit, where required, shall be a discretionary project pursuant to CEQA. Projects that are adjacent to or visible from designated state scenic highway corridors as referenced in subsection 130.52.030.A.2 and located outside of Community Regions and Rural Centers shall be encouraged to comply with the standards and guidelines found in the IDSG.

4.

Any multifamily, mixed-use or commercial project that deviates from the requirements of IDSG (e.g. projects proposing an alternate architectural style or an architectural style not allowed in a project's location) shall be subject to a Design Review Permit. Deviation from other County standards referenced in this document (e.g. Chapter 130.40.180 [Mixed Use Development], Design Improvement Standards Manual) shall be processed according to those respective requirements.

5.

The adoption of future permanent Design Standards in accordance with Subsection 130.27.050.F (Establishment of Community Design Review Areas; Guidelines and Standards) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title, is a discretionary project pursuant to CEQA. Upon adoption of those standards, the approval of a Design Review Permit will be considered a ministerial project pursuant to CEQA, when in compliance with the adopted Design Standards. If a project requires a Design Review Permit and one or more discretionary permits, the approval of the project will be considered discretionary and potentially subject to CEQA. The Design Review process shall be limited to consideration of compliance with established standards, provided that the use proposed for the project site is an allowed use within the zone.

C.

Design Review Committee. If a project is located within a district for which a design review committee has been established in compliance with Section 130.60.070 (Design Review Committee) in Article 6 (Zoning Ordinance Administration) of this Title, the Director shall transmit the application to the committee prior to rendering a written decision or making a recommendation to the Commission. The application review process by the committee shall provide an opportunity for the applicant or other interested persons to provide testimony. After public testimony, the committee shall discuss the proposed project and by motion present a recommendation to the Director. The Director may approve or deny the permit, and may incorporate conditions to ensure compliance with the applicable design standards.

(Ord. No. 5219, § 3, 12-3-2024)

A.

Process. This Section describes the Development Plan Permit, process which provides flexibility from the strict application of the Ordinance standards to allow for proposed developments to utilize innovative site planning techniques and other effective design responses to site features, uses on adjacent properties, and environmental constraints.

B.

Applicability. A Development Plan Permit application shall be filed and processed in conformance with Chapter 130.28 (Planned Development (-PD) Combining Zone) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title.

C.

Review Authority and CEQA. The Commission shall have the review authority of original jurisdiction for a Development Plan Permit application. The approval of a Development Plan Permit is a discretionary project pursuant to CEQA.

D.

Scope of Approval. When determined by the review authority to be appropriate, Development Plan Permit approval may allow:

1.

Variations in zone development standards contained in this Title, or design standards contained in the Design and Improvement Standards Manual (DISM)/Land Development Manual (LDM), or successor document, such as setbacks, lot size, lot width, floor area ratio (FAR), and height limits for greater flexibility in project design;

2.

Establishment of project specific design guidelines to be applied consistently throughout the development, including but not limited to architectural standards and review processes, landscape standards, maintenance agreements, sign programs, and CC&Rs.

E.

Findings for Development Plan Permits. When approving a request for a Development Plan Permit, the review authority must make the following findings:

1.

The proposed development plan is consistent with the General Plan, any applicable specific plan, and Chapter 130.28 (Planned Development (-PD) Combining Zone) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title;

2.

The site is adequate in shape and size to accommodate proposed uses and other required features;

3.

That any exceptions to the development standards of the zone are justified by the design or existing topography;

4.

Adequate public services and facilities exist or will be provided to serve the proposed development including, but not limited to, water supply, sewage disposal, roads, and utilities;

5.

If mixed-use development is being proposed, the development conforms to the standards in Section 130.40.180 (Mixed Use Development) in Article 4 (Specific Use Regulations) of this Title;

6.

The proposed development complies with the provisions of the -PD Combining Zone Section 130.28.010 (Planned Development (-PD) Combining Zone Established) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title.

F.

Concurrent Applications. A project that is also subject to a Conditional Use Permit or Design Review Permit, or tentative subdivision or parcel map, shall have such application(s) processed concurrently with the Development Plan Permit. The findings for each permit shall be made separately and combined under the authority of the Development Plan Permit. In addition, the following shall apply:

1.

A separate Design Review Permit application shall not be required with a Development Plan Permit; however, the proposed development plan shall require review by the applicable design review committee, as provided in Section 130.52.030 (Design Review Permit) above in this Chapter.

2.

If a subdivision of land is proposed in conjunction with a project that requires a Development Plan Permit, a tentative map application and rezone application to add the -PD combining zone, if not already zoned as such, are also required. In the event a tentative map application is concurrently approved with a Development Plan Permit application, expiration of the Development Plan Permit shall occur at such time that the tentative map expires and shall be extended as a part of any map extension authorized by Title 120 (Subdivisions) and/or the provisions of the California Government Code.

G.

Time Limits and Expiration. The time limit and expiration of Development Plan Permit applications shall be in compliance with Section 130.54.060 (Time Limits, Extensions, and Permit Expiration) below in this Article. The expiration of a Development Plan Permit related to a tentative subdivision or parcel map shall have the same expiration date as the tentative map. Extensions of the tentative map shall automatically extend the Development Plan Permit.

H.

Revisions to an Approved Permit. Any requested change to the Development Plan Permit shall be in compliance with Section 130.54.070 (Revisions to an Approved Permit or Authorization) below in this Article.

A.

Content. This Section provides standards for the location, occupation, and removal of temporary housing under a Temporary Mobile Home Permit. The standards allow residents to provide adequate housing on a temporary basis for adult family members who are dependent for financial or health reasons or for the use by a caretaker/watchman in commercial, industrial and recreational zones, and to ensure the removal of the unit upon cessation of the housing need.

B.

Applicability. This Section shall apply to housing as a temporary accessory use to either a primary dwelling or to specified non-residential uses, as allowed in the use matrices for the zones, subject to the following purposes:

1.

One mobile home or recreational vehicle for the purpose of habitation during the construction of a permitted primary dwelling or during major repair of a damaged dwelling that is uninhabitable, consistent with Subsection 130.40.190.B.2 (Temporary Mobile Home While Constructing) in Article 4 (Specific Use Regulations) of this Title; or

2.

Temporary hardship use consistent with Subsection 130.40.190.B.3 (Mobile/Manufactured Homes - Hardship Purposes) in Article 4 (Specific Use Regulations) of this Title:

a.

Use by the owner or members of the household to provide temporary housing or shelter for household members and/or to allow for in-home care of household members; or

b.

Use by a caretaker where the purpose of the caretaker is to assist elderly or disabled homeowner(s) with their personal care and/or the care and protection of their property. In this instance, "elderly" shall mean a person 62 years of age or older.

3.

Contractor's offices, consistent with Subsection B.4 (Temporary Contractor's Office) in Article 4 (Specific Use Regulations) of this Title, when allowed in the base zone;

4.

Agricultural or construction employee housing consistent with Subsections 130.40.190.B.5 (Construction Employee Housing) and 130.40.190.B.6 (Agricultural Employee Housing) in Article 4 (Specific Use Regulations) of this Title;

5.

In commercial and industrial zones, as well as for public and private schools and churches, one mobile home or recreational vehicle placed for the purpose of providing temporary housing for caretakers or watchmen in compliance with Section 130.40.120 (Commercial Caretaker and Agricultural Employee Housing) in Article 4 (Specific Use Regulations) of this Title. Findings of necessity shall be based on, but not limited to, the following factors:

a.

Value and portability of goods and/or equipment stored on the property;

b.

Sheriff's records demonstrating significant exposure to vandalism or the loss of goods and/or equipment;

c.

Precautionary measures taken by the applicant to prevent loss or vandalism; and

d.

Practicality of permanent facilities.

C.

Review Authority, Procedure, and CEQA. The Director shall have the review authority of original jurisdiction for a Temporary Mobile Home Permit application. The review procedure shall be staff-level without public notice. The approval of a Temporary Mobile Home Permit is considered a ministerial project pursuant to CEQA.

D.

Temporary Mobile Home Permit Requirements.

1.

One temporary housing unit may be granted on a lot or contiguous lots under common ownership.

2.

The property owner shall occupy a dwelling on the site for the uses allowed under Subsections B.1 and B.2 (Applicability) above in this Section.

3.

The applicant shall comply with all development standards for the zone and any other statutes and ordinances relating to building, fire, and health codes.

4.

The applicant shall sign and notarize an agreement that at the conclusion of the permit or the violation thereof, the temporary housing unit shall be removed from the property. In the event the property owner fails to remove the unit, the County may be authorized to remove the housing unit and record a lien on the property for the cost of removal. Such agreement shall be recorded by the County.

5.

In addition to the provisions in Subsection B.2 (Applicability) above in this Section, in residential and agricultural zones suitable for residential development on lots measuring one acre or larger, one "temporary recreational vehicle" (TRV), as defined in Subsection 130.40.190.B.8, may be allowed on site as a temporary housing option, under a temporary mobile home permit pursuant to the following criteria:

a.

The method of establishing suitability for residential development may be based on topography, access and connections to groundwater (or public water) or septic (or sewer) capability in accordance with Title 110 (Buildings and Construction), Section 110.32.150 (Temporary Mobile Homes), including enforcement thereof as stated in Section 110.32.250 (Enforcement), and other utility infrastructure requirements. The parcel's suitability for residential development, given the evidence and information provided will be evaluated during the temporary mobile home permit application process including but not limited to the following:

(1)

Proof that there is an adequate potable water supply consisting of an operating well or water service connection is provided on the site as required by the Department of Environmental Management. Any alternative water system for the TRV shall be approved by the Department of Environmental Management prior to the issuance of a TRV permit.

(2)

A functioning septic system or public sewer system connection shall exist at the site. Septic systems connections or alternative wastewater disposal methods require review and approval by the El Dorado County Environmental Management Department.

(3)

The site shall contain electrical service to a TRV used for temporary housing.

b.

If the parcel has an existing permitted primary dwelling, then establishing suitability for residential development is not required as long as the proposed TRV meets the development standards for the zone with the appropriate groundwater (public water), septic (sewer) capacity, and power hook-ups.

c.

The applicant shall comply with all development standards for the zone and any other statutes and ordinances relating to building, fire, and health codes in addition to the following:

(1)

A current DMV registration and operating permit shall be required and maintained on the TRV at all times;

(2)

A TRV used for temporary housing shall be structurally sound and protect its occupants against the outdoor elements, including snow load;

(3)

Alterations to a TRV are prohibited;

(4)

Property owner must certify that a TRV used for temporary housing shall be equipped with smoke alarm/carbon detectors;

(5)

The parking site for a TRV used for temporary housing must be located on the lot and shall be paved with hard durable surface with adequate drainage; and

(6)

A TRV used for temporary housing shall not be used as a rental unit.

d.

Permit Revocation. The County may revoke a temporary mobile home permit for a TRV if the placement or occupancy of the recreational vehicle:

(1)

Is in violation of any local, State or Federal laws or regulations; or

(2)

Appears to create a nuisance, such as by:

i.

Accumulation, proliferation, or dispersal of trash, debris, or personal possessions; or

ii.

Constitutes an unlawful activity; or

iii.

Creates a disturbance that exceeds the standard outlined in Section 130.37.060 (Noise Standards) in Article 3 of this Title.

(3)

If a property owner or owners who hold a temporary mobile home permit violate any provisions of the permit or of this Subsection, the property owner or owners will be served with a notice setting forth the nature of the violation. If, within a period of 30 days from the date of such notice, the property owner or owners have not complied with the provisions of the permit or of this Subsection, the permit shall be revoked.

(4)

Property owner(s) must certify in a statement that if violations concerning the temporary mobile home permit are not removed or abated by the property owner by the specified date in a notice, that such materials, up to and including the TRV, may be removed under authority of the County, and the costs of such removal and abatement may be made a legal charge against the owner or owners of the property, a lien imposed on and recorded against the property in the amount of such costs, and such costs referred to the County Auditor for collection together with property taxes on such property pursuant to the provisions of Health and Safety Code §§ 14875 through 14931, and Government Code § 25845. Upon full recovery of County costs, a new TRV permit may be obtained after compliance with the provisions of this Chapter and the payment of a fee as specified in the building fee schedule as adopted by the Board.

(5)

The conditions in this Subsection also pertain to violations by a property owner or owners with an expired temporary mobile home permit.

E.

Permit Expiration. The Temporary Mobile Home Permit shall be approved for a period not to exceed 24 months and may be renewed for additional 24 month periods subject to the provisions of this Section. Proof of continuing eligibility is required as a condition of renewal. A Temporary Mobile Home Permit shall expire if the temporary housing unit is removed from the property or if it is no longer occupied by a qualifying occupant for a period of 60 days. At the end of the 60 day period, the property owner shall have 30 days to remove the temporary housing unit from the property in compliance with Subsection 130.40.190.C (Temporary Mobile Home Removal) in Article 4 (Specific Use Regulations) of this Title.

F.

Development Standards.

1.

The following types of structures shall be allowed for use as temporary housing units and shall be erected, constructed, or installed in a manner that effects easy removal:

a.

Units constructed to meet building codes, including panelized structures or other structural types that may be affixed to a foundation but disassembled at a later date;

b.

Units constructed to meet the standards of the National Manufactured Home Construction and Safety Standards Act of 1974, as amended from time to time; or

c.

Recreational vehicles for the purpose of temporary housing under Subsection B.3 (Applicability) above in this Section.

2.

Minimum Parcel Size. A temporary housing unit shall be allowed on any parcel zoned for single-unit residential development; however, temporary housing for the caretaker use allowed under Subsection B.2 (Applicability) above in this Section shall not be allowed on property that is less than one acre in size;

3.

Maximum Unit Size. A temporary housing unit shall have a maximum floor area of 1,600 square feet, subject to the maximum coverage requirements of the zone:

a.

Floor area shall be measured from the outside of the exterior walls to include all enclosed habitable space, such as living areas, hallways, stairwells, storage areas, and equipment rooms, but shall not include attached garages.

b.

Conversion of a temporary manufactured home to a permanent accessory dwelling unit will be subject to the maximum floor area limitations for that specific use, as well as Section 18007 of the Health and Safety Code and all applicable development standards under Subsection 130.40.300.C (Accessory Dwelling Units) in Article 4 (Specific Use Regulations) of this Title.

4.

Design Standards. The appearance of a temporary housing unit shall be similar to, or compatible with, the appearance of the primary dwelling; and the unit shall be situated so as to be subordinate to the primary dwelling, as viewed from the adjacent road easement or right-of-way.

5.

Parking. On-site parking must be provided for the occupants of the temporary housing unit, subject to Chapter 130.35 (Parking and Loading) in Article 3 (Site Planning and Project Design Standards) of this Title.

(Ord. No. 5136, § 3, 12-2-2020; Ord. No. 5152, § 16, 11-16-2021)

A.

Content. This Section establishes procedures and standards for the granting of Temporary Use Permits to ensure that the establishment, maintenance, and operation of a temporary use, as defined in Article 8 (Glossary: see "Temporary Use") of this Title, is not be detrimental to the public health, safety, and welfare of persons residing or working in the neighborhood of the proposed activity.

B.

Applicability. The standards in this Section shall apply to temporary uses that are generally not allowed by right in the zone, but that may be allowed because they are of temporary duration. Temporary uses on property under approved development plans shall also be allowed without applying for a Development Plan Permit. Temporary uses may be subject to additional permits, licenses, or inspections as required by any applicable law, code, or regulation.

C.

Exemptions. The following uses shall be exempt from the requirements contained within this Section providing no outdoor amplified sound systems are used during the course of the activity:

1.

Temporary uses of less than three days duration that are held on County parks or public property and sponsored by bona fide charitable or nonprofit organizations provided such uses have prior approval from the public agency having responsibility for the property being utilized.

2.

Garage sales, yard sales, and similar temporary sales activities on residentially zoned properties that are conducted in compliance with the standards under Subsection 130.40.220.E (Garage Sales) in Article 4 (Specific Use Regulations) of this Title.

3.

Mobile homes used temporarily during construction, as a contractor's office, or for construction employee housing in compliance with the standards under Subsections 130.40.190.B.4 (Contractor's Office) and B.5 (Construction Employee Housing) in Article 4 (Specific Use Regulations) of this Title.

4.

An event on the site of, or within, a meeting hall, religious facility, school, theater, or other similar facility designed and approved by the County for public assembly.

5.

Fundraising car washes on property within a commercial, industrial, or research and development zone, limited to a maximum of two days per month for each sponsoring organization:

a.

Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Revenue and Taxation Code.

b.

Notwithstanding Subsection 5.a in this Section, a fundraising carwash shall be conducted in compliance with applicable stormwater regulations to minimize potential water quality impacts.

6.

The use of a site for location filming of commercials, movies, or videos that are allowed subject to a time specified by the Director and the County Film and Media Office.

D.

Review Authority and CEQA. The Director shall have the review authority of original jurisdiction for a Temporary Use Permit application. The procedure shall be staff-level without public notice. The approval of a Temporary Use Permit is a discretionary project pursuant to CEQA.

E.

Requirements for Approval. Approval of a Temporary Use Permit shall be subject to the standards under this Title that are applicable to the proposed use(s). Any other standards or requirements adopted by the County through ordinance or resolution shall be applied as well, in particular Section 5.12.050 (Carnivals) and Chapter 5.32 (Outdoor Music Festivals) of Title 5 (Business Taxes, Licenses and Regulations) of the County Code of Ordinances regarding carnivals and outdoor music festivals, respectively. The Director, in conjunction with the other affected agencies, may also impose such conditions as necessary to ensure compatibility with adjacent uses.

1.

The following time limits for these specific temporary uses shall be the maximum allowed in a single calendar year:

a.

Two 3-day Weekends for a Total of 6 Days:

(1)

Auctions.

(2)

Concerts.

(3)

Outdoor religious revival meetings.

(4)

Outdoor carnivals, circuses, rodeos, and itinerant shows.

(5)

Youth, charitable, or nonprofit organization projects or events.

(6)

Special Events, temporary (if authorized by the Zone District).

b.

30 Consecutive Days:

(1)

Grand opening signs (one time only per use).

(2)

Temporary signs and banners for schools, churches, and non-profit organizations announcing special events, enrollment periods, and similar temporary activities. No more than two such temporary banners may be placed on the same parcel during a calendar year beginning January 1.

c.

45 Consecutive Days:

(1)

Seasonal sales.

2.

All uses allowed by a Temporary Use Permit shall be terminated no later than the expiration date indicated upon the permit. All materials or products used in connection with or resulting from the temporary use shall be removed and the site restored within five days after the expiration date.

3.

Bonds or other acceptable security may be required to guarantee the removal of any materials in connection with or resulting from the temporary use in compliance with Section 130.54.050 (Performance Guarantees) below in this Article. If required, said bonds or acceptable security shall be filed at the time of application submittal, and shall include a nonrefundable processing fee. In particular, vegetable, fruit, or flower stands and Christmas tree lots shall be subject to a bond requirement in an amount set by resolution of the Board.

4.

Upon the removal of all materials associated with the temporary use, the applicant shall request an inspection by the Director regarding the release or other disposition of the bond or security deposit.

F.

Repeating Uses at Same Site. If TUP applications for the same site and use exceed the maximum frequency allowed in a single calendar year, as set forth in subsection 130.52.060.E.1 (Temporary Use Permit Requirements for Approval: Time Limits) above, then a CUP may be required at the Director's discretion. The Director's requirement for a CUP instead of a TUP shall be based on the use of permanent structures, repeated nature of the use, and history of similar TUPs on the same site.

(Ord. No. 5127, § 20, 9-1-2020)

A.

Content. This Section describes the process for County consideration of requests to modify certain standards of this Title (Title 130, Zoning Ordinance) when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards for the zone denies the property owner rights enjoyed by other property owners in the vicinity and in the same zone.

B.

Applicability. A Variance may be granted to modify any development standards as set forth in this Title. A Variance may not be used to authorize a use or activity not otherwise allowed within the zone.

C.

Approving Authority and CEQA. The Zoning Administrator shall have the review authority of original jurisdiction for a Variance authorization. The approval of a Variance is a discretionary project pursuant to CEQA.

D.

Findings Required. A Variance shall be granted by the review authority only where all of the following circumstances are found to apply:

1.

There are special circumstances or exceptional characteristics or conditions relating to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the vicinity and the same zone;

2.

The strict application of the zoning regulations as they apply to the subject property would deprive the subject property of the privileges enjoyed by other property in the vicinity and the same zone (California Government Code Section 65906);

3.

A variance granted shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated (California Government Code Section 65906); and

4.

The granting of the Variance is compatible with the maps, objectives, policies, programs, and general land uses specified in the General Plan and any applicable specific plan, and not detrimental to the public health, safety, and welfare or injurious to the neighborhood.

E.

Conditions of Approval. In approving a Variance, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required in Subsection D (Findings Required) above in this Section.

A.

Content. This Section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.

B.

Applicability.

1.

A request for reasonable accommodation may be made by any person with a disability, or by an entity acting on behalf of a person or persons with disabilities, to provide or secure equal access to housing, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. As defined in the Acts, a person with a disability is one having a physical or mental impairment that limits or substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone having a record of such impairment. This Section is intended to apply to those persons who are defined as disabled under the Acts.

2.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability with equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Subsection C (Application Requirements) below in this Section.

C.

Application Requirements.

1.

Application. Requests for reasonable accommodation shall be submitted in writing in the form of a letter to the Director, and shall contain the following information:

a.

The name, address, and telephone number of the individual(s) requesting reasonable accommodation (or group of individuals, if application is made by an entity acting on behalf of a person or persons with disabilities);

b.

The street address and assessor's parcel number of the property for which the request is being made;

c.

Name and address of the property owner(s);

d.

The current actual use of the property;

e.

The basis for the claim that the individual (or group of individuals, if application is made by an entity acting on behalf of a person or persons with disabilities) is considered disabled under the Acts;

f.

Description of the requested accommodation and the zoning law, provision, regulation or policy for which reasonable accommodation is being sought and any supporting information, such as site plans;

g.

Reason that the requested accommodation may be necessary for the individual(s), or group of individuals, with the disability to have equal opportunity to housing.

2.

Concurrent Review. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, then the applicant may file the request concurrently with the application for discretionary approval.

3.

Request for Reasonable Accommodation. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

D.

Review Authority and Procedure.

1.

Reviewed by the Director. Requests for reasonable accommodation shall be reviewed by the Director, or his/her designee, if no other discretionary approval is required. The Director or his/her designee shall make a written determination within 45 calendar days of the request and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Subsection E (Findings and Conditions of Approval) below in this Section.

2.

If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 45 day period to issue a decision is stayed until the applicant responds to the request.

3.

Concurrent review authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The applicable review authority shall make a written determination and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Subsection E (Findings and Conditions of Approval) below in this Section as part of its action(s) regarding the discretionary land use application.

E.

Findings and Conditions of Approval.

1.

Findings. The written decision to grant, grants with modifications, or deny a request for reasonable accommodation will be consistent with the Acts and shall require the following findings of approval:

a.

The housing that is the subject of the request will be used by an individual or a group of individuals considered disabled under the Acts, and the accommodation requested is necessary to make specific housing available to the individual or group of individuals with (a) disability(ies) under the Acts;

b.

Alternative reasonable accommodations that are within existing parameters (e.g., zoning district regulations) that would provide an equivalent level of benefit are not available or suitable for a particular case;

c.

The requested reasonable accommodation will not impose an undue financial or administrative burden on the County;

d.

The requested reasonable accommodation is consistent with the County General Plan land use designation of the property that is the subject of the reasonable accommodation request, and with the applicable zoning district;

e.

The requested reasonable accommodation does not substantially affect the physical attributes of the property;

f.

The requested reasonable accommodation will not adversely impact surrounding land uses.

2.

Conditions of Approval. In granting a request for reasonable accommodation, the Director or other reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required in Subsection 1 above in this Section.

3.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

F.

Appeal of Determination.

A determination by the reviewing authority to grant, with modifications, or deny a request for reasonable accommodation may be appealed pursuant to Section 130.52.090 (Appeals) below in this Chapter.

Any decision by the review authority of original jurisdiction may be appealed by the applicant or any other affected party, as follows:

A.

An appeal must be filed within ten working days from the decision by the review authority by completing the appeal form and submitting said form together with the applicable fee, as established by resolution of the Board, to the Department. The appellant shall clearly identify on the appeal form the specific reasons for the appeal and the relief requested.

B.

The hearing body for the appeal shall consider all issues raised by the appellant and may consider other relevant issues related to the project being appealed. The hearing body for the appeal shall be as follows:

1.

All decisions of the Director are appealable to the Commission and then to the Board.

2.

All decisions of the Zoning Administrator and the Commission are appealable to the Board.

3.

All decisions of the Agricultural Commissioner are appealable to the Ag Commission and then to the Board.

4.

All decisions of the Board are final.

C.

The hearing on an appeal shall be set no more than 30 days from receipt of a completed appeal form and fee. If the Board meeting is canceled for any reason on the date on which the appeal would normally be heard, the appeal shall be heard on the first available regularly-scheduled meeting following the canceled meeting date. The 30-day time limitation may be extended by mutual consent of the appellant(s), the applicant, if different from the appellant, and the appeals body. Once the date and time for the hearing is established the hearing may be continued only by such mutual consent.

D.

In any appeal action brought in compliance with this Section, the appellant(s) may withdraw the appeal, with prejudice, at any time prior to the commencement of the public hearing. For the purposes of this Section, the public hearing shall be deemed commenced upon the taking of any evidence, including reports from staff.

E.

Upon the filing of an appeal, the Commission, the Ag Commission, or the Board shall render its decision on the appeal within 60 days.

F.

No person shall seek judicial review of a County decision on a planning permit or other matter in compliance with this Title until all appeals to the Commission and Board or to the Ag Commission and the Board as applicable have been first exhausted in compliance with this Section.

(Ord. No. 5177, § 11, 6-20-2023)

This Chapter contains general requirements for the implementation of the approved permits and authorizations required under this Article including time limits for permit implementation, procedures for granting time extensions or revisions to an approved permit, and revocation of permit approvals.

Except in the case of a Specific Plan (Chapter 130.56—Specific Plans) or Development Agreement (Chapter 130.58—Development Agreements) below in this Article, final action on any permit or authorization approval of the Zoning Administrator or Commission shall become effective 11 working days from the decision by the review authority where no appeal of the approval has been filed in compliance with Section 130.52.090 (Appeals) above in this Article. A decision by the Board is final and effective on the date of the action, unless otherwise required by state law. A properly filed appeal shall stay the issuance of any such permit or authorization until the appeal is decided.

A permit or authorization application that is deemed automatically approved in compliance with California Government Code Section 65956 shall be subject to all applicable provisions under Section 130.51.070 (Conditions of Automatic Approvals) above in this Article, which shall be satisfied by the applicant before a building permit is issued or a use not requiring a building permit is established.

Any Minor and Conditional Use Permit, Variance, or Development Plan Permit approval that is granted in compliance with Chapters 130.51 (General Application Procedures) and 130.52 (Permit Requirements, Procedures, Decisions, and Appeals) above in this Article shall be deemed to run with the land through any change of ownership of the subject site from the effective date of the permit, providing it is in compliance with Subsection 130.54.050.A (Deposit of Security) below in this Chapter, when applicable, and with any licensing requirements by the new property owner. All active conditions of approval shall continue to apply after a change in property ownership.

A.

Deposit of Security. As a condition of approval of a Conditional/Minor/Temporary Use Permit, Development Plan Permit, or Variance, and upon a finding that the public health, safety, and welfare warrants it, the review authority may require a form of surety in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of the aforementioned permits or authorizations.

1.

The applicant may elect to provide adequate surety for the faithful performance of a condition(s) of approval if the Director determines that the condition(s) may be implemented at a later specified date due to reasons beyond the applicant's control, such as the inability to install required landscaping due to poor weather conditions.

2.

The surety shall be in the form of cash, certified or cashier's check, letter of credit, performance bond, or other form of surety executed by the applicant and a corporate surety authorized to do business in California and approved by the County.

B.

Release of Security. Upon satisfactory compliance with all applicable provisions of this Section, the security deposit shall be released.

C.

Failure to Comply.

1.

Upon failure to perform any secured condition, the County may perform the condition or cause it to be done, and may collect from the applicant and surety, in the case of a bond, all costs incurred, including administrative, engineering, legal, and inspection costs.

2.

Any unused portion of the security shall be refunded to the applicant after deduction of the cost of the work.

3.

The Director's determination may be appealed to the Board by the applicant, by filing an appeal with the Clerk of the Board within ten days after the decision to withhold the bond, in compliance with Section 130.52.090 (Appeals) above in this Article.

A.

Time Limits. A permit or authorization that is not exercised within 24 months from the effective date shall expire and become void unless a condition of approval or other provision of this Article establishes a different time limit or unless an extension of time is approved in compliance with Subsection B (Time Extensions), below in this Section.

1.

The permit or authorization shall be deemed "exercised" when the applicant has commenced actual construction or alteration under an active building permit and at least one inspection has been conducted and approved by the Building Official or, in cases where a building permit is not required, has substantially commenced the approved activity or allowed use on the site in compliance with the conditions of approval.

2.

After it has been exercised, a permit or authorization shall remain valid as long as either a building permit remains active for the project or a final Certificate of Occupancy has been granted, in compliance with Subsection C (Permit Expiration) below in this Section.

3.

The expiration of a permit or authorization associated with a tentative subdivision or parcel map, specific plan or development agreement, shall coincide with the term of that entitlement and not be subject to the time extension in Subsection B (Time Extensions) below in this Section.

B.

Time Extensions. The County may extend the time limit for a permit or authorization in compliance with the following procedures:

1.

The applicant shall file a written request for an extension of time with the Department at least 30 days before the expiration of the permit or authorization, together with the required filing fee established through resolution of the Board.

2.

A permit or authorization may be extended for a total of 36 months beyond the expiration of the original decision granting approval.

3.

Action on a request for extension of a permit shall be referred to the original review authority, except as provided in Subsection 3.a, below in this Section. The time limit for exercising a permit or authorization may be extended by one of the following methods:

a.

The Director finds that:

(1)

Substantial progress has been made in implementing the permit; or the applicant has established, with substantial evidence, that circumstances beyond the control of the applicant, such as poor weather during periods of planned construction, have prevented exercising the permit or authorization; or

(2)

Not more than 36 months will be necessary to exercise the permit, in compliance with Subsection A.1 (Time Limits) above in this Section; or

b.

The original review authority finds that:

(1)

No change in conditions or circumstances has occurred that would have been grounds for denying the original application; and

(2)

The applicant has been diligently pursuing implementation of the permit.

4.

Modified conditions may be imposed when a time extension is granted that update the permit where required to protect the public health and safety or to comply with provisions of state or federal law.

C.

Permit Expiration.

1.

All permits authorized by this Chapter shall automatically expire by operation of law when time frame established in Subsection A has elapsed, unless a time extension has been approved under Subsection B (Time Extensions) above in this Section.

2.

When it is discovered that a permit has expired, the Department shall send notice of such termination to the property owner and/or applicant. Failure to send such notice shall not affect the expiration of the permit.

3.

After the expiration of a permit or authorization, whether through denial of a request for a time extension, failure to request a time extension, or other cause, no further work shall be done on the site until a new permit or authorization and any subsequent building permit or other County permits are first obtained.

All structures and uses shall be constructed or otherwise established only as approved by the review authority, and in conformance with all conditions of approval, except as provided herein. Modifications of the conditions of approval provided for in this Chapter, including alteration of the project design, expansion, reduction, or phasing of the development, or further disturbance of the site, may be allowed as follows:

A.

An application for a revision to an approved permit or authorization may be submitted to the Department either before or after the commencement of construction or establishment of an approved use. The application shall consist of a written description of the proposed modifications, appropriate supporting documentation, plans, or other information deemed necessary by the Director to evaluate the proposed change.

B.

The Director may approve a minor modification(s) when the findings can be made that the modification(s):

1.

Does not involve a feature of the project that was specifically addressed in the conditions of approval, mitigation measures, or findings for approval of the project;

2.

Does not result in an expansion of the project;

3.

Does not substantially alter the original approval decision; and

4.

Does not result in changed or new impacts to the surrounding environment that would necessitate modifications to the CEQA document approved for the project.

C.

Revisions to a permit or authorization which result in an expansion or substantial alteration of the project, or which may affect a condition of approval, mitigation measure, or finding that was specifically addressed by the review authority, may only be approved by said authority following a public hearing.

D.

Director approval of minor modifications shall be processed using the Staff Review with Notice procedures. If the Director determines that the request requires a public hearing by the review authority of original jurisdiction, notice shall be given in compliance with the same noticing requirements of the original application.

E.

The review authority may modify or impose new conditions to the permit revision when necessary to carry out the original permit or when necessary to protect the public health and safety or to comply with provisions of state or federal law.

F.

Appeal of a decision on a Revision to an Approved Permit or Authorization shall be processed in compliance with Section 130.52.090 (Appeals) above in this Article.

A.

For a period of 12 months following the date of the disapproval of a discretionary planning permit or amendment, no application for the same or substantially similar planning permit or amendment shall be filed for the same site, or any portion of the site, except where the Director determines that substantial new evidence or proof of changed circumstances warrants further consideration.

B.

The Director shall determine whether a new application is for a planning permit or amendment that is the same or substantially similar to a previously approved or disapproved permit or amendment, and shall either process or reject the application in compliance with this Section. The Director's determination may be appealed to the Commission in compliance with Section 130.52.090 (Appeals) above in this Article.

Any permit authorized under this Article may be revoked or modified by the County when it is found that conditions required for the approval of the permit have been violated, have lacked substantial compliance, or when the use is determined to be a public nuisance.

A.

The following procedures shall be used for revocation or mandated modification of previously approved permits or authorizations:

1.

The review authority of original jurisdiction shall hold a public hearing to revoke or modify a permit or authorization granted in compliance with the provisions of this Article. Where the review authority was the Director, the hearing shall be referred to the Zoning Administrator for determination.

2.

Notice shall be provided to the owner of the property, as shown on the County's current equalized assessment roll, and to the applicant for the permit or approval if different from the property owner on which the use or structure authorized by the permit being considered for revocation exists for the permit or approval being considered for revocation.

3.

Notice shall be mailed through the U.S. Postal Service, certified, first class, and postage paid, at least twelve days prior to the public hearing for all permits being considered for revocation except Temporary Use Permits, which shall require mailed notice three days prior to the hearing.

4.

Any permit or authorization may be revoked or modified by the review authority if any one of the following findings can be made:

a.

Circumstances under which the permit or authorization was granted have been changed by the applicant to the extent that one or more of the findings that justified the original approval can no longer be made;

b.

The permit or authorization was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the testimony presented by the applicant during the public hearing;

c.

One or more of the conditions of approval have not been substantially fulfilled or have been violated;

d.

An improvement authorized in compliance with the permit is in violation of any applicable code, law, ordinance, regulation, or statute; or

e.

The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare; or the manner of operation constitutes and/or is creating a public nuisance;

5.

As an alternative to revocation, the County may mandate modification of a permit or authorization including the duration of the permit or authorization, any operational aspect of the project, or any other aspect or condition determined to be reasonable and necessary to ensure that the project is operated in a manner consistent with the original findings for approval.

6.

The County's action to revoke a permit or authorization shall have the effect of terminating it and denying the privileges granted by the original approval.

B.

Any permit revoked by the review authority may be appealed in compliance with Section 130.52.090 (Appeals) above in this Article.

C.

Use after Revocation. When an approved permit or authorization has been revoked, no further development or use of the property authorized by the revocation shall be continued, except in compliance with the approval of a new permit or authorization required by this Title.

This Chapter contains the procedures to implement the General Plan for a part of the area covered by the General Plan, as set forth in California Government Code Section 65450 et seq.

The Board shall have review authority of original jurisdiction for specific plan applications, after review and recommendation by the Commission in compliance with Chapters 130.50 (Application Filing and Processing) and 130.51 (General Application Procedures) above in this Article. The Board shall approve the specific plan by resolution or by ordinance. The approval of a specific plan is a discretionary project pursuant to CEQA.

The Board may adopt a proposed specific plan only if it finds that the plan:

A.

Is consistent with and implements the General Plan;

B.

Is consistent with any applicable airport land use plan, in compliance with Public Utilities Code Section 21676; and

C.

Will not have a significant effect on the environment or a statement of overriding consideration has been made for the proposed specific plan in compliance with the provisions of California Code of Regulations Section 15093 (CEQA Guidelines).

An applicant shall submit a proposed specific plan for review that includes the following detailed information in formats of text, diagrams, and maps, on an application form provided by the Department:

A.

A statement of the relationship of the specific plan to the General Plan;

B.

A site plan showing the distribution, location, and extent of uses proposed within the area covered by the specific plan;

C.

Identification of the proposed distribution, location, extent, and intensity of public and private infrastructure and facilities for transportation, sewage, storm water drainage, solid waste disposal, energy, education, fire protection, or other essential modes proposed to be located in the specific plan area to support the uses described within;

D.

Standards and criteria by which development will proceed within the specific plan area and standards for the conservation, development, and utilization of natural resources, where applicable;

E.

Implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the provisions of Subsections A through D, above in this Section.

After adoption of a specific plan, no local public works project, Development Plan Permit, tentative map, or parcel map may be approved, and no ordinance may be adopted or amended within the specific plan area unless it is consistent with the adopted specific plan.

An adopted specific plan may be amended through the same procedure set forth in this Chapter for the adoption of a specific plan.

This Chapter establishes procedures and requirements for the adoption and amendment of development agreements in compliance with California Government Code Section 65864 et seq. A development agreement provides assurances to an applicant of a development project that, upon approval, the project may proceed in accordance with the conditions placed upon it by the review authority, as well as with existing policies, rules, and regulations. Development agreements strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development.

Unless otherwise expressed in this Title, the provisions in this Chapter are the exclusive procedures and rules relating to development agreements and, in the event of conflict, these provisions shall prevail over any other provisions of this Title.

The Board shall have review authority of original jurisdiction for development agreement applications, based on the review and recommendation by the Commission in compliance with Chapters 130.50 (Application Filing and Processing) and 130.51 (General Application Procedures) above in this Article. The Board shall approve the development agreement by ordinance. The approval of a development agreement is a discretionary project pursuant to CEQA.

The Board may approve the development agreement only if it finds that the agreement:

A.

Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan;

B.

Will not be detrimental to the health, safety, and welfare of persons residing in the immediate area or detrimental to the general welfare of the residents of the County as a whole;

C.

Will not adversely affect the orderly development of property or the preservation of property values;

D.

Is consistent with the provisions of California Government Code Sections 65864 through 65869.5; and

E.

If the development agreement includes a subdivision of 500 or more units, the agreement provides that there is sufficient water to serve any tentative map in compliance with California Government Code Section 66473.7.

A.

The development agreement shall be in a form approved by County Counsel and shall contain the following:

1.

A legal description of the subject property;

2.

The allowed uses of the property;

3.

The density or intensity of use;

4.

The maximum height and size of proposed buildings;

5.

Provisions for reservation or dedication of land for public purposes; and

6.

The term of the agreement to a maximum of twenty years.

B.

The development agreement may include conditions, restrictions, and requirements for subsequent discretionary actions, provided they shall not prevent development of the land for the uses and density or intensity of development set forth in the agreement.

C.

The agreement may provide that construction will commence within a specified time and that the project, or any phase thereof, will be completed within a specified time.

A.

Either party may request an amendment or cancellation, in whole or in part, of any development agreement, either by procedures specifically set forth within the agreement or by the application process in compliance with Chapters 130.50 (Application Filing and Processing) and 130.51 ( General Application Procedures) above in this Article, on a form provided by the Department.

B.

An amendment or cancellation of the development agreement may occur upon mutual consent of the Board, the parties to the agreement, the qualified applicant(s) if different from the parties to the agreement, or as otherwise provided in the agreement.

C.

All assignments of the development agreement shall be subject to mutual agreement by all parties to the agreement, unless otherwise provided in the agreement. Any party to the agreement, excluding the County, may initiate a request for assignment. As part of the request for assignment, any amendments to the development agreement that may be required as a result of the assignment shall be identified.

Within ten days after the effective date of a development agreement or any amendment or cancellation thereof, the Clerk of the Board shall have the agreement, amendment, or cancellation notice recorded with the County Recorder.

A.

The Director shall review the development agreement not less than once every 12 months from its effective date for compliance with its terms and conditions.

B.

The Director shall begin the review proceedings by giving notice of the periodic review of the development agreement to each party to the agreement, excluding the County, and to each party entitled to notice in compliance with Section 130.51.050 (Public Notice) above in this Article.

C.

The Director shall conduct an investigation as to whether or not there has been good faith compliance and if it is found that there has not been such compliance a report with recommendations shall be filed with the Clerk of the Board.

D.

Upon receipt of the report, the Clerk of the Board shall place the matter on the Board's agenda for public hearing, subject to public notice requirements.

E.

If the Board finds and determines on the basis of substantial evidence that the applicant has complied in good faith with the terms and conditions of the agreement during the period under review, no further action is required. The burden of proof on this issue shall be on the applicant.

F.

If the Board determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Board may modify or terminate the agreement.

Unless otherwise provided by the development agreement:

A.

The rules, regulations, and official policies of the County applicable to the development of the property that is subject to the development agreement, shall be those rules, regulations, and official policies in force at the time of the execution of the agreement.

B.

In subsequent actions on said property, the development agreement shall not prevent the County from applying new rules, regulations, or policies that do not conflict with those rules, regulations and policies in force at the time the agreement was executed.

C.

The development agreement shall not prevent the County from denying or conditionally approving any subsequent development project application on said property on the basis of such existing or new rules, regulations, and policies.