A.

To promote the health, safety, and general welfare of the residents of the County, this Chapter is intended to regulate adult businesses which, unless closely regulated, have serious secondary effects on the community. These secondary effects include, but are not limited to, the following: depreciation of property values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity, increases in litter, noise, and vandalism and the interference with enjoyment of residential property in the vicinity of such businesses.

B.

It is neither the intent nor the effect of this Chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this Chapter to restrict or deny access by adults to materials of a sexually explicit nature, or to deny access by the distributors or exhibitors of such materials to their intended market.

C.

It is the intent of this Chapter to afford new adult businesses a reasonable opportunity to locate in a relevant real estate market.

D.

Nothing in this Chapter is intended to authorize, legalize or license the establishment, operation or maintenance of any business, building or use which violates any County ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

(Ord. 2019-0004 § 1, 2019.)

Any terms used in this Chapter which are defined in Section 7.92.020 (Definitions) in Title 7 of the County Code shall have the meaning set forth in that Section.

(Ord. 2019-0004 § 1, 2019.)

A.

This Chapter authorizes adult businesses identified by this Title 22 as subject to the approval of an Adult Business Permit.

B.

Any application filed pursuant to this Chapter:

1.

Is considered to be a ministerial permit application and, as such, is not subject to the time limits specified in Section 65950 et seq. of the California Government Code, or CEQA; and

2.

Shall require a nondiscretionary public hearing before the Commission. The Commission shall approve or deny the application.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Adult Business Permit Checklist.

B.

Additional Application Materials. In addition to Subsection A, above, the following application materials shall be required:

1.

A narrative description of the proposed use or development including an explanation of how the proposed business will satisfy the applicable requirements of this Chapter.

C.

Multiple Applications. The application shall be in compliance with Section 22.222.060 (Multiple Applications).

D.

Application Filing and Withdrawal. The application shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal).

E.

Fees and Deposits. The application shall be in compliance with Section 22.222.080 (Fees and Deposits).

F.

Preliminary Application Review.

1.

The Director shall determine whether the application contains all the information required by this Chapter.

a.

If it is determined that the application is not complete, the applicant shall be notified in writing within 20 days of the date of receipt of the application that the application is not complete and the reasons for which that status was determined, including any additional information necessary to render the application complete.

b.

The applicant shall have 30 days to submit additional information requested by the Director to render the application complete. Failure to do so within the 30-day period shall render the application void.

c.

Within 10 days following the receipt of an amended application or supplemental information, the Director shall again determine whether the application is complete in accordance with the procedures set forth in this Subsection F.

d.

Evaluation and notification shall occur as provided above until such time as the application is determined to be complete. The applicant shall be notified within 10 days of the date the application is found to be complete.

2.

When an application has been accepted as complete, the Director shall schedule the application for a nondiscretionary public hearing before the Commission within 60 days from the date on which the application was accepted as complete. The nondiscretionary public hearing shall be in compliance with Sections 22.222.120 (Public Hearing Procedures) and 22.222.110 (Project Evaluation and Staff Report). The Commission shall approve or deny the application within 90 days from the date on which the application was accepted as complete by the Director.

3.

If the Commission has not acted to approve or deny the application within the prescribed time in Subsection F.2, above, the applicant shall be permitted to begin operating the adult business for which the Adult Business Permit is sought. The applicant shall be permitted to continue to operate that adult business unless and until the Commission acts to deny the Adult Business Permit and provides the applicant with written notification of that action, including the reasons for denial, by mail.

(Ord. 2019-0004 § 1, 2019.)

The following development standards shall apply to adult businesses:

A.

No adult business shall be located in any temporary or portable structure.

B.

Trash dumpsters shall be enclosed by a screened enclosure and shall not be accessible to the public.

C.

No exterior door or window on the premises shall be propped or kept open at any time during business hours, and any exterior windows shall be covered with opaque covering at all times.

D.

Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance or exit to the business.

E.

No landscaping shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.

F.

The entire exterior grounds, including the parking lot, shall be lighted in such a manner that all areas are clearly visible at all times.

G.

Signage shall conform to the standards established for the zone and shall not contain sexually explicit photographs, silhouettes or other sexually explicit pictorial representations.

H.

All entrances to an adult business shall be clearly and legibly posted with a notice indicating that minors are prohibited from entering the premises.

I.

No nonconforming structure shall be converted for use as an adult business.

J.

The adult business shall not conduct or sponsor any activities which create a demand for parking spaces beyond the number of spaces required by this Title 22 for the business.

K.

No adult business shall be operated in any manner that permits the observation of any persons or material depicting, describing or related to specified sexual activities or specified anatomical areas, inside the premises, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any merchandise, display, decoration, sign, show window or other opening.

L.

All exterior areas of the adult business, including buildings, landscaping, and parking areas shall be maintained in a clean and orderly manner at all times.

M.

Any business license required pursuant to Title 7 (Business Licenses) of the County Code shall be kept current at all times.

N.

Each adult business shall conform to all applicable laws and regulations.

O.

The adult business shall not operate or be open between the hours of 2:00 a.m. and 9:00 a.m.

P.

The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that sound generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate space within the same building.

Q.

The adult business will not conduct any massage, acupuncture, tattooing, acupressure or escort services, and will not allow such activities on the premises.

R.

At least one security guard shall be on duty patrolling the premises at all times while the business is open. If the occupancy limit of the premises is greater than 50 persons, an additional security guard shall be on duty. The security guard(s) shall be charged with preventing violations of law, with enforcing compliance by patrons with the requirements of this Chapter and with notifying the Sheriff of any violations of law observed. Security guard(s) required by this Subsection R shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state or local law. No security guard required pursuant to this Subsection R shall act as a doorperson, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder.

S.

The adult business shall not sell or display obscene matter, as that term is defined by Section 311 of the California Penal Code or its successors, and shall not exhibit harmful matter, as that term is defined by Section 313 of the California Penal Code or it successors, to minors.

(Ord. 2019-0004 § 1, 2019.)

A.

Adult businesses shall not be located:

1.

Within 250 feet of:

a.

Any lot upon which there is located any residence whether such use is within or outside the unincorporated area of the County; or

b.

Any property located in a Residential or Agricultural Zone, or equivalent zone in any other jurisdiction; and

2.

Within 500 feet of any church, chapel or other publicly recognized place of worship whether such use is within or outside the unincorporated area of the County; and

3.

Within 500 feet of any public or private school (kindergarten through twelfth grade) or child care center whether such use is within or outside the unincorporated area of the County; and

4.

Within 500 feet of any park owned by a public entity whether such use is within or outside the unincorporated area of the County.

B.

The distances specified in this Section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the premises in which the proposed adult business is to be established to the nearest property line of a use or zoning classification listed above.

(Ord. 2019-0004 § 1, 2019.)

A.

In considering an application pursuant to this Chapter, the Commission shall approve the application if all of the following standards are met:

1.

The adult business is consistent with the location and development standards contained in this Chapter;

2.

The adult business is located in a zone classification which lists adult business as a permitted use;

3.

Except as otherwise specifically provided in this Chapter, the adult business complies with the development features prescribed in this Title 22; and

4.

The adult business has submitted to the Director documentation of successfully completing the process and receipt of the license required under Chapter 7.92 (Adult Businesses) in Title 7 of the County Code. In cases where such documentation is unavailable at the time the Commission takes action on the application, any action by the Commission granting an Adult Business Permit shall be conditioned upon the applicant providing to the Director the documentation required by this Subsection A.4. No Adult Business Permit shall be valid unless and until such documentation has been provided to the Director.

B.

Issuance or denial of the ministerial permit is not subject to administrative appeal.

(Ord. 2022-0008 § 103, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Any adult business lawfully operating on February 9, 1996, the effective date of this Chapter, in violation hereof shall be deemed a nonconforming use.

B.

Any adult business lawfully operating on February 9, 1996, the effective date of this Chapter which results in a nonconforming status due to the development standards enumerated in Section 22.150.050 (Development Standards) shall cease operation, or otherwise be brought into full compliance with the development standards of this Chapter, not later than November 17, 1996.

C.

Any adult business lawfully operating on February 9, 1996, the effective date of this Chapter, which becomes nonconforming due to either the location standards enumerated in Section 22.150.060 (Location Requirements) or the permitted zone classes enumerated in Division 3 (Zones) shall cease operation, or otherwise be brought into full compliance with the location standards, not later than 20 years following February 9, 1996, the effective date of this Chapter.

D.

An adult business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a residence, or a Residential or Agricultural Zone, within 250 feet of the adult business, or the subsequent location of a church, chapel or other publicly recognized place of worship, public park, public or private school or child care center, within 500 feet of the adult business, if the adult business is continuous, which means that interruptions in use cannot exceed six months.

(Ord. 2019-0004 § 1, 2019.)

An application for review of the termination schedules for a nonconforming adult business prescribed in Section 22.150.080 (Existing Adult Businesses) may be approved by the Commission generally following the procedures set out in Section 22.172.060 (Review of Amortization Schedule or Substitution of Use). In considering an application for review of the termination schedules for an adult business, which is nonconforming due to either the location or development standards, the Commission shall use the following criteria in making a determination, instead of the criteria prescribed at Section 22.172.060.C.2 (Findings):

A.

The owner's financial investment in the business prior to February 9, 1996, the effective date of this Chapter;

B.

The present actual and depreciated value of the business improvements;

C.

The applicable federal tax depreciation schedules for such improvements;

D.

The remaining useful life of the business improvements;

E.

The extent to which the business fails to comply with all applicable requirements of this Chapter;

F.

The extent, if any, to which the business has been brought into compliance with any of the applicable requirements of this Chapter since February 9, 1996, the effective date of this Chapter, and with which such business previously failed to conform, including the cost incurred for any such improvements;

G.

The remaining term of any lease or rental agreement under which the business is operating;

H.

Whether the business can be brought into conformance with all applicable requirements of this Chapter without requiring to be relocated, and the cost of complying with such requirements;

I.

Whether the business must be discontinued at the present location in order to comply with the requirements of this Chapter and, if such relocation is required:

1.

The availability of relocation sites, and

2.

The cost of such relocation;

J.

The ability of the owner to change the business to a conforming use.

(Ord. 2019-0004 § 1, 2019.)

If the provisions of this Chapter conflict or contravene the provisions of another Chapter of this Title 22, the provisions of this Chapter shall prevail as to all matters and questions arising out of the subject matter of this Chapter.

(Ord. 2019-0004 § 1, 2019.)

In addition to the grounds for modifications and revocations prescribed in Chapter 22.238 (Modifications and Revocations), and after a hearing as provided Section 22.238.070 (Public Hearing and Action), the Commission may modify or revoke an Adult Business Permit or adult business nonconforming use if it finds that one or more of the following conditions exist:

A.

The building, structure, equipment or location of such business does not comply with or fails to meet any of the health, zoning, fire and safety requirements or standards of any of the laws of the State of California or ordinances of the County applicable to such business operation;

B.

The business owner, its employee, agent or manager has been convicted in a court of competent jurisdiction of:

1.

Any violation of any statute, or any other ordinance, arising from any act performed in the exercise of any rights granted by the Adult Business Permit, the revocation of which is under consideration, or

2.

Any offense involving the maintenance of a nuisance caused by any act performed in the exercise of any rights granted by the Adult Business Permit, the revocation of which is under consideration;

C.

The business owner, its employee, agent or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with the Commission.

(Ord. 2019-0004 § 1, 2019.)

The Animal Permit is established to regulate:

A.

The keeping or maintaining as a pet or for the personal use of members of the family residing on the premises of:

1.

Wild or domestic animals not specifically classified which will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare; or

2.

Domestic or wild animals exceeding the number permitted or on lots having less than the area required, which will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of such site.

B.

Rehabilitation facilities for small wild animals, in compliance with Section 22.140.500 (Rehabilitation Facilities for Small Wild Animals) which:

1.

Will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare; and

2.

Will not be materially detrimental to the use, enjoyment, or valuation of property or other persons located in the vicinity of such site.

(Ord. 2022-0008 § 104, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Animal Permit Checklist.

B.

Additional Application Materials. In addition to Subsection A, above, the following application materials shall be required:

1.

The type and number of animals requested.

2.

A site plan indicating:

a.

The area and dimensions of the building or enclosure wherein the animal or animals are to be kept or maintained, as well as the locations and dimensions of all other structures within a distance of 50 feet from the exterior boundaries of such building or enclosure; and

b.

Site drainage patterns, where appropriate.

3.

A statement specifying plans for waste disposal.

4.

All of the information submitted by the applicant shall be certified to be correct by a statement under penalty of perjury pursuant to Section 2015.5 of the California Code of Civil Procedure.

C.

Type II Review. The application shall be filed and processed in compliance with Chapter 22.228 (Type II Review—Discretionary) and this Chapter. Notwithstanding Section 22.228.040.B, notice shall be mailed in compliance with Section 22.222.160.A (Standard Radius).

D.

Agency Review. The Director shall request the technical opinion of the Directors of the Departments of Animal Care and Control and Public Health, relative to the ability of the applicant to maintain such animals properly as indicated in the application and site plan.

(Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.228.050 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The reports from the Directors of the Departments of Animal Care and Control and Public Health indicate that such animals may be reasonably maintained as specified in the application.

2.

The requested animal or animals at the location proposed will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

3.

The proposed site is adequate in size and shape to accommodate the animal or animals requested without material detriment to the use, enjoyment or valuation of property of other persons located in the vicinity of the site.

(Ord. 2019-0004 § 1, 2019.)

The Hearing Officer may impose any conditions deemed necessary to ensure that the Animal Permit will comply with all findings required by this Chapter, including those recommended by the Departments of Animal Care and Control and Public Health. Such conditions may include those in Section 22.158.060 (Conditions of Approval).

(Ord. 2019-0004 § 1, 2019.)

A.

General Applicability. A person shall not establish or maintain any cemetery or extend the boundaries of any existing cemetery at any place within the unincorporated area of the County without a permit first having been applied for and obtained from the Commission. This Chapter does not prevent the maintenance, development, and operation within their present boundaries of cemeteries which were legally established on February 19, 1937, the date this Chapter took effect.

B.

Cemetery Deemed Established When.

1.

A cemetery shall be deemed to be established or maintained or extended where the interment of one or more dead human bodies or cremated remains is made in or upon any property, whether or not the same has been duly and regularly dedicated for cemetery purposes under the laws of the State of California, and which on February 19, 1937, the date this Chapter took effect, was not included within the boundaries of a legally existing cemetery.

2.

Any person who makes or causes to be made any interment in or upon such property, and any person having the right of possession of any such property who knowingly permits the interment of a dead body or cremated remains therein or thereupon shall be deemed to have established, or maintained, or extended a cemetery within the meaning of the provisions of this Title 22.

C.

Permit Assignment and Use Limitations. No permit granted as a result of any such application shall be assignable prior to the actual establishment of such cemetery or extension of any existing cemetery, nor shall, such permit be used by any other person than applicant in the establishment of such cemetery or extension of an existing cemetery.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Cemetery Permit Checklist.

B.

Additional Application Materials. In addition to Subsection A, above, the following application materials shall be required:

1.

The names and addresses of the officers and directors of the corporation which will be in charge of the operation of the cemetery;

2.

A map showing the exact location, exterior boundaries and legal description of the property which it is proposed to be used for a cemetery and the location of all buildings, whether public or private, located within a distance of 500 feet from the exterior boundaries of the subject parcel of land and the location and depth of all wells in said area from which domestic or irrigating water is obtained. The map shall also show the location and names of all roads located within a distance of 500 feet from the exterior boundaries of said parcel. The map shall further show the elevation in feet above sea level or the highest and lowest points in said premises, and the width, depth and location of all natural watercourses and artificial drains or conduits for the drainage of stormwater located upon said parcel and within 2,000 feet from the exterior boundary thereof in any direction;

3.

A financial statement of applicant, showing the financial ability of applicant to establish, care for, and maintain the proposed cemetery in such a manner as to prevent the same from being a public nuisance; and

4.

A statement setting forth whether said cemetery is to be established as a perpetual-care or nonperpetual-care cemetery, and if a perpetual-care fund is to be or has been created, the amount then on hand and the method, scheme or plan of continuing and adding to the same in full details sufficient to show that said cemetery will be maintained so as not to become a public nuisance.

C.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.230.050 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The establishment or maintenance of the proposed cemetery or the extension of an existing cemetery will not or may not jeopardize nor adversely affect the public health, safety, comfort, or welfare.

2.

Such establishment, maintenance, or extension will not or may not reasonably be expected to be a public nuisance.

3.

Such establishment, maintenance, or extension will not tend to interfere with the free movement of traffic or with the proper protection of the public through interference with the movement of police, ambulance, or fire equipment, and thus interfere with the convenience of the public or the protection of the lives and property of the public.

4.

The applicant, through the proposed perpetual-care fund or otherwise, demonstrates adequate financial ability to establish and maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance.

(Ord. 2019-0004 § 1, 2019.)

Prior to taking final action, the Board, Commission or Hearing Officer may require of the applicant any reasonable dedication of public streets or highways through the premises proposed to be used for the proposed cemetery or extension of an existing cemetery so as to prevent the same from jeopardizing the public safety, comfort, or welfare. If the time required by the Board, Commission or Hearing Officer for compliance with such conditions shall elapse without such conditions having been met, the Board, Commission or Hearing Officer may deny the permit.

(Ord. 2019-0004 § 1, 2019.)

A.

Cemetery Permit. A Cemetery Permit application pursuant to this Chapter shall be required to reduce the boundary of an existing cemetery never used.

B.

Additional Application and Review Procedures.

1.

Application Materials. Notwithstanding Section 22.154.020 (Application and Review Procedures), Section 22.154.020.B (Additional Application Materials) shall not be required as part of this application.

2.

Notification Radius. Notwithstanding Section 22.222.160.A (Standard Radius), the Director shall mail notice to all owners of property located within a 700-foot radius of the exterior boundaries of the subject property, as shown on the County's last equalized assessment roll, unless a wider notification radius is required by Section 22.222.160.B (Additional Radius).

(Ord. 2019-0004 § 1, 2019.)

The Conditional Use Permit is established to regulate uses and development that may be appropriate in the applicable zone and require additional consideration to ensure proper integration with the surrounding community.

(Ord. 2019-0004 § 1, 2019.)

A.

Zones. This Chapter authorizes uses identified by this Title 22 as subject to the approval of a Conditional Use Permit.

B.

Additional Consideration. This Chapter also authorizes uses or development with unusual site features or operating characteristics requiring additional consideration to ensure that the use or development will be compatible in design, location, and operation with adjacent properties and in the surrounding area.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Conditional Use Permit Checklist.

B.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

A.

Adequate Water Supply—Criteria. If it appears that the use requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted without a Conditional Use Permit in the same zone, and will not comply with the provisions of Division 1 (Water) of Title 20 of the County Code, such facts shall be prima facie evidence that such requested use will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the findings required by this Chapter. If the Water Appeals Board grants a variance pursuant to any provision of Chapter 20.12 (Water Appeals Board) of said Division 1, permitting the proposed use with the existing or proposed water supply, this Section shall not apply.

(Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.230.050 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The proposed use will be consistent with the adopted General Plan for the area.

2.

The requested use at the location proposed will not:

a.

Adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area;

b.

Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; and

c.

Jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

3.

The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features prescribed in this Title 22, or as is otherwise required to integrate said use with the uses in the surrounding area.

4.

The proposed site is adequately served:

a.

By highways or streets improved as necessary to shorten trip length and reduce vehicle miles traveled for the kind and quantity of traffic such use would generate; and

b.

By other public or private service facilities as are required.

(Ord. 2022-0008 § 105, 2022; Ord. 2019-0004 § 1, 2019.)

A.

The Commission or Hearing Officer may impose conditions to ensure that the approval will be in accordance with the findings required by the application. Such conditions may involve any pertinent factors that could affect the establishment, operation, and maintenance of the requested use or development, including, but not limited to:

1.

Special yards, open spaces, and buffer areas;

2.

Fences and walls;

3.

Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards;

4.

Street and highway dedications and improvements, including sidewalks, curbs, and gutters;

5.

Water supply and fire protection in accordance with the provisions of Division 1 (Water) of Title 20 of the County Code;

6.

Landscaping and maintenance of grounds;

7.

Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances, and radiation;

8.

Regulation of operating hours for activities affecting normal neighborhood schedules and functions;

9.

Regulation of signs, including outdoor advertising;

10.

A specified validation period limiting the time in which development may begin;

11.

Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date;

12.

A site plan indicating all details and data as prescribed in this Title 22; and

13.

Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accordance with all elements of the General Plan and the intent and purpose of this Title 22.

B.

Approval may also be contingent upon compliance with applicable provisions of any other federal, State, or County requirements.

(Ord. 2019-0004 § 1, 2019.)

Unless specifically modified by a Conditional Use Permit, all regulations prescribed in the zone in which such Conditional Use Permit is granted shall apply.

(Ord. 2019-0004 § 1, 2019.)

The building bulk provisions prescribed in the various zones shall not apply to uses permitted by Conditional Use Permit. In granting a Conditional Use Permit application, the Commission or Hearing Officer shall prescribe the height limit, maximum lot coverage, or floor-area ratio for the use approved. Where the Commission or Hearing Officer fails to specify said height limit, maximum lot coverage, or floor-area ratio, those provisions applicable to principal permitted uses in the specific zone shall be deemed to be so specified.

(Ord. 2019-0004 § 1, 2019.)

The Minor Conditional Use Permit is established to regulate uses and development that, by their nature, are limited in scope and impacts, and may be appropriate in the applicable zone and require additional consideration to ensure proper integration with the surrounding community.

(Ord. 2019-0004 § 1, 2019.)

A.

Zones. This Chapter authorizes uses identified by this Title 22 as subject to the approval of a Minor Conditional Use Permit.

B.

Additional Consideration. This Chapter also authorizes uses or development with unusual site features or operating characteristics requiring additional consideration to ensure that the use or development will be compatible in design, location, and operation with adjacent properties and the surrounding area.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Minor Conditional Use Permit Checklist.

B.

Type II Review. The application shall be filed and processed in compliance with Chapter 22.228 (Type II Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

A.

Adequate Water Supply—Criteria. If it appears that the use requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted without a Minor Conditional Use Permit in the same zone, and will not comply with the provisions of Division 1 (Water) of Title 20 of the County Code, such facts shall be prima facie evidence that such requested use will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the findings required by this Chapter. If the Water Appeals Board grants a variance pursuant to any provision of Chapter 20.12 (Water Appeals Board) of said Division 1, permitting the proposed use with the existing or proposed water supply, this Section shall not apply.

(Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.228.050 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The proposed use will be consistent with the adopted General Plan for the area.

2.

The requested use at the location proposed will not:

a.

Adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area;

b.

Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; and

c.

Jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

3.

The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area.

4.

The proposed site is adequately served:

a.

By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; and

b.

By other public or private service facilities as are required.

(Ord. 2019-0004 § 1, 2019.)

The Hearing Officer may impose conditions to ensure that the approval will be in accordance with the findings required by Section 22.160.050 (Findings and Decisions). Such conditions may include those in Section 22.158.060 (Conditions of Approval).

(Ord. 2019-0004 § 1, 2019.)

Unless specifically modified by a Minor Conditional Use Permit, all regulations prescribed in the zone in which such Minor Conditional Use Permit is granted shall apply.

(Ord. 2019-0004 § 1, 2019.)

The building bulk provisions prescribed in the various zones shall not apply to uses permitted by Minor Conditional Use Permit. In granting a Minor Conditional Use Permit application, the Hearing Officer shall prescribe the height limit, maximum lot coverage, or floor-area ratio for the use approved. Where the Hearing Officer fails to specify said height limit, maximum lot coverage, or floor-area ratio, those provisions applicable to principal permitted uses in the specific zone shall be deemed to be so specified.

(Ord. 2019-0004 § 1, 2019.)

This Chapter establishes procedures and requirements for consideration of Development Agreements for the purposes specified in, and as authorized by, Article 2.5 (Development Agreements), Chapter 4, Title 7 of the California Government Code.

(Ord. 2019-0004 § 1, 2019.)

A.

General Applicability. The Commission may recommend, and the Board may enter into, a Development Agreement for the development of real property with any person having a legal or equitable interest in such property as provided in this Chapter.

B.

Local Coastal Program. A Development Agreement shall not be approved in an area for which a local coastal program is required to be prepared and certified pursuant to the requirements of Division 20 (California Coastal Act) of the California Public Resources Code unless:

1.

The required local coastal program has been certified by such provisions prior to the date on which the Development Agreement is approved; or

2.

In the event that the required local coastal program has not been certified, the California Coastal Commission approves such Development Agreement by its formal action.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Development Agreement Checklist.

B.

Type IV Review. The application shall be filed and processed in compliance with Chapter 22.232 (Type IV Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

A.

Findings.

1.

Findings and decision shall be made in compliance with Section 22.232.040.A.2 (Findings) and include the findings in Subsection A.2, below.

2.

The Commission shall recommend approval of an application to the Board if the following findings are made:

a.

The proposed Development Agreement is consistent with the General Plan and any applicable Community, Area, or Specific Plan.

b.

The proposed Development Agreement complies with zoning, subdivision, and other applicable ordinances and regulations.

c.

The proposed Development Agreement is consistent with the public safety, welfare, and convenience, making it in the public interest to enter into the Development Agreement with the applicant.

d.

The proposed Development Agreement will not:

i.

Adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area;

ii.

Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; or

iii.

Jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

B.

Coordination of Approvals.

1.

Where an application for a Development Agreement is concurrently filed with an application for a Zone Change, permit, variance, tentative tract, or minor land division and may be feasibly processed together, all public hearings shall be concurrently held.

2.

In instances where the provisions of applicable ordinances would permit the modification of development standards during consideration of such Development Agreement, such standards may be concurrently considered where modification is requested.

(Ord. 2022-0008 § 106, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Every Development Agreement entered into by the Board shall include the following terms, conditions, restrictions, and requirements:

1.

The duration of the agreement, including a specified termination date if appropriate;

2.

The uses to be permitted on the property;

3.

The density or intensity of use permitted;

4.

The minimum height, size, and location of buildings permitted;

5.

The reservation or dedication of land for public purposes to be accomplished, if any; and

6.

The time schedule established for periodic review as required by Section 22.162.120 (Review for Compliance—Director's Authority).

B.

Such terms, conditions, restrictions, or requirements shall not be contrary to zoning, subdivision, or other ordinances, laws, or regulations applicable to the proposed development.

C.

A Development Agreement may also include additional terms, conditions, restrictions, and requirements for subsequent discretionary actions in addition to those provided in Subsection A, above, provided that such terms, conditions, restrictions, and requirements do not prevent development of the lot included in such agreement for the uses and to the density or intensity of development set forth in the agreement, including but not limited to:

1.

The requirement of development schedules providing that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods;

2.

The construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights-of-way, drainage and flood control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities;

3.

The prohibition of one or more uses normally listed as permitted, accessory, or subject to discretionary review in the zone where placed;

4.

The limitation of future development or requirement of specified conditions under which further development not included in the agreement may occur;

5.

The requirement of a faithful performance bond where deemed necessary to, and in an amount deemed sufficient to, guarantee the faithful performance of specified terms, conditions, restrictions, and/or requirements of the agreement. In lieu of the required bond, the applicant may deposit with the Executive Office of the Board and assign to the County, certificates of deposit or savings and loan certificates or shares equal in amount to the same conditions as set forth herein. Such deposit and assignment shall comply with all the provisions and conditions of Chapter 4.36 (Assignment of Savings and Loan Certificates and Shares) in Title 4 of the County Code;

6.

The requirements of specified design criteria for the exteriors of buildings and other structures, including signs;

7.

The requirement of special yards, open spaces, buffer areas, fences and walls, landscaping, and parking facilities, including vehicular and pedestrian ingress and egress;

8.

The regulation of nuisance factors such as noise, vibration, smoke, dust, dirt, odors, gases, garbage, heat, and the prevention of glare or direct illumination of adjacent properties; and

9.

The regulation of operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding property.

(Ord. 2019-0004 § 1, 2019.)

Unless otherwise provided by a Development Agreement, the General Plan, zoning, subdivision, and other ordinances, rules, regulations, and official policies governing permitted uses of land, governing density and governing design, improvement and construction standards, and specifications applicable to property subject to a Development Agreement shall be those applicable to such development on the date of execution of the Development Agreement by the Board; provided, however, that a Development Agreement shall not:

A.

Be construed to prevent the application of later adopted or amended ordinances, rules, regulations, and policies in subsequent applications applicable to the property which do not conflict with such existing ordinances, rules, regulations, and policies; or

B.

Prevent the approval, approval subject to conditions, or denial of subsequent development applications pursuant to such existing or later adopted or amended ordinances, rules, regulations, and policies.

(Ord. 2019-0004 § 1, 2019.)

In the event that federal or State laws or regulations enacted subsequent to execution of a Development Agreement prevent or preclude compliance with one or more provisions of such agreement, the provisions of such agreement shall be deemed modified or suspended to the extent necessary to comply with said federal or State law or regulation.

(Ord. 2019-0004 § 1, 2019.)

A.

Approval by the Board of a Development Agreement shall be by ordinance.

B.

No ordinance shall be adopted and the Board shall not execute a Development Agreement until it has been executed by the applicant. If the applicant has not executed the agreement or agreement as modified by the Board, and returned said executed agreement to the Executive Office of the Board within 30 days following Board approval, the approval shall be deemed withdrawn, and the Board shall not adopt said ordinance nor execute said agreement.

C.

Such 30-day time period may be extended upon approval of the Board.

(Ord. 2019-0004 § 1, 2019.)

Not more than 10 days following the execution of a Development Agreement by the Board, the Executive Office of the Board shall record with the Registrar-Recorder/County Clerk a copy of the executed agreement.

(Ord. 2019-0004 § 1, 2019.)

A.

Unless and until amended or cancelled in whole or in part as provided in Section 22.162.110 (Amendment or Cancellation), a Development Agreement shall be enforceable by any party thereto notwithstanding any change in regulations which alters or amends the regulations applicable to development as specified in Section 22.162.060 (Ordinances, Regulations, and Requirements Applicable to Development).

B.

The burden of a Development Agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

(Ord. 2019-0004 § 1, 2019.)

A Development Agreement may be amended, or cancelled in whole or in part, by mutual consent of all parties to the agreement or their successors in interest. Procedures for amendment or cancellation shall be the same as provided in this Chapter for initiation and consideration of such agreement.

(Ord. 2019-0004 § 1, 2019.)

A.

Every Development Agreement entered into by the Board shall provide for periodic review of the applicant's compliance with such agreement by the Director at a time interval specified in such agreement, but in no event longer than 12 months.

B.

The Director shall determine on the basis of substantial evidence that the applicant or his successor in interest has or has not complied with the agreement. If as a result of this review the Director determines that the agreement is not being complied with, the Director shall notify the applicant or its successor in interest of those findings as required by law for the service of summons or by registered or certified mail, postage prepaid, return receipt requested, also indicating that failure to comply within a period specified, but in no event less than 30 days, may result in legal action to enforce compliance, termination, or modification of the agreement.

C.

It is the duty of the applicant or its successor in interest to provide evidence of good faith compliance with the agreement to the Director's satisfaction at the time of said review. Refusal by the applicant or its successor in interest to provide the required information shall be deemed prima facie evidence of violation of such agreement.

D.

If, at the end of the time period established by the Director, the applicant or its successor in interest has failed to comply with the terms of the agreement or, alternatively, submitted additional evidence satisfactorily substantiating such compliance, the Director shall notify the Commission of the Director's findings recommending such action as the Director deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement.

(Ord. 2019-0004 § 1, 2019.)

A.

Commission Review.

1.

Where the Director notifies the Commission that the Director's findings indicate that a Development Agreement is being violated, a public hearing shall be scheduled before the Commission to consider the applicant's reported failure to comply, and the action recommended by the Director. Procedures for conduct of such hearing shall be the same as provided in this Chapter for initiation and consideration of a Development Agreement.

2.

If as a result of such hearing the Commission finds that the applicant or his successor in interest is in violation of a Development Agreement, it shall notify the Board of its findings, recommending such action as it deems appropriate.

B.

Board Actions. Where the Commission reports the violation of a Development Agreement, the Board may take one of the following actions:

1.

Approve the recommendation of the Commission instructing that action be taken as indicated therein in cases other than a recommendation to terminate or modify an agreement.

2.

Refer the matter back to the Commission for further proceedings with or without instructions.

3.

Schedule the matter for hearing before itself where termination or modification of an agreement is recommended. Procedures for such hearing shall be the same as provided in Section 22.162.110 (Amendment or Cancellation).

(Ord. 2019-0004 § 1, 2019.)

Specific terms used in this Chapter are defined in Section 22.14.050 of Division 2 (Definitions), under "Explosive and Explosives."

(Ord. 2019-0004 § 1, 2019.)

A.

General Applicability. No quantity of explosives, other than gunpowder, in excess of 100 pounds, or gunpowder in excess of 750 pounds, shall be stored or kept in any place, house, or building in the County without a permit as specified in this Chapter, unless said explosives are contained in a magazine situated, constructed, operated, and maintained in the manner described in Part 1 (High Explosives) of Division 11 of the California Health and Safety Code.

B.

Exemption. This Chapter shall not apply to any explosive in transit in railway cars or other vehicles, or to any explosive awaiting transportation in or delivery from a railway car or other vehicle, or to the transfer of any such explosive from a car of one railway company to a car of a connecting railway company, provided that the car or other vehicle in which said explosive is being transported, or is awaiting transportation or delivery, shall be kept locked or guarded; and provided further that the time during which such explosive is kept waiting transportation or delivery shall not exceed 24 hours.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Explosives Permit Checklist.

B.

Type II Review. If the application request is to store explosives for not more than three months and there is no permit in force for that location, the application shall be filed and processed in compliance with Chapter 22.228 (Type II Review—Discretionary) and this Chapter.

C.

Type III Review. If the application request is to store explosives for more than three months, the application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

D.

Agency Review.

1.

The Director shall immediately notify the Fire Department of every application for a permit to keep or store explosives. Where a public hearing is to be held, the Director shall notify the Fire Department of the time and place thereof.

2.

The Fire Department, within 10 days after receipt of a copy of the application for a permit, shall furnish to the Director a report thereon as to whether or not in the Fire Chief's opinion explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the application.

(Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.220.200 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The report of the Fire Department indicates the explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the application.

2.

The requested explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the applicant.

(Ord. 2019-0004 § 1, 2019.)

The Commission or Hearing Officer shall consider and may impose such conditions as deemed necessary to protect the public health, safety, and general welfare, and to prevent material detriment to the property of other persons located in the vicinity of such proposed use. The Commission or Hearing Officer may also approve the permit contingent upon compliance with applicable provisions of other ordinances.

(Ord. 2019-0004 § 1, 2019.)

The Housing Permit is established to facilitate the increased production of affordable housing, including transitional and supportive housing, and senior citizen housing.

(Ord. 2021-0017 § 26, 2021; Ord. 2019-0053 § 26, 2019.)

Specific terms used in this Chapter are defined in Division 2 (Definitions), under "Affordable Housing and Senior Citizen Housing."

(Ord. 2019-0053 § 26, 2019.)

This Chapter applies to projects that provide affordable housing, including transitional and supportive housing, or senior citizen housing and may be eligible to receive various benefits, including but not limited to: density bonuses, incentives, waivers or reductions of development standards, and permit streamlining pursuant to the State Density Bonus Law, as set forth in section 65915 of the California Government Code, as amended, or any other State laws or local ordinances or policies that aim to increase the production of affordable housing, including transitional and supportive housing, and senior citizen housing.

(Ord. 2021-0017 § 27, 2021; Ord. 2020-0064 § 13, 2020; Ord. 2019-0053 § 26, 2019.)

A.

Review Authority. The Director is the Review Authority for an Administrative Housing Permit application, except when a discretionary or legislative application is filed concurrently with an application for an Administrative Housing Permit, in which case the Hearing Officer, the Commission, or the Board is the Review Authority for the Administrative Housing Permit.

B.

Application and Review Procedures.

1.

Application Materials.

a.

Application Checklist. The application shall contain all of the materials required by the Administrative Housing Permit Checklist.

b.

Additional Application Materials. For projects subject to Section 22.128.200 (Supportive Housing Streamlining) and transitional housing projects subject to Section 22.140.660 (Motel Conversions, Temporary) and Section 22.130.200 (Motel Conversions, Permanent), the applicant shall provide a supportive services plan, with documentation describing those services and demonstrating that supportive services will be provided on-site to residents in the project. The plan shall include all of the following:

i.

The name of the proposed entity or entities that will provide supportive services;

ii.

The proposed funding source or sources for the provided onsite supportive services; and

iii.

Proposed staffing levels.

2.

Fees.

a.

When an Administrative Housing Permit application is filed, it shall be accompanied by the required filing fee, as shown in Table 22.250.010-A (Filing Fee Schedule), or as specified otherwise in Subsections B (Fee Exemption and Reductions for Affordable Housing) or D (Fee Exemption for Mobilehome Parks) of Section 22.250.020.

3.

Additional Application and Review Procedures.

a.

The application shall be in compliance with Section 22.222.060 (Multiple Applications).

b.

The application shall be in compliance with Subsections A, B, and D of Section 22.222.070 (Application Filing and Withdrawal).

c.

The application shall be in compliance with Section 22.222.090 (Initial Application Review).

d.

Projects subject to Section 22.128.200 (Supportive Housing Streamlining). The applicant shall be notified whether the application is deemed complete within 30 days of receipt of the application.

C.

Findings and Decision.

1.

An application that meets all the requirements for an Administrative Housing Permit shall be approved, unless any of the following is found on substantial evidence:

a.

When an incentive is requested:

i.

The incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents for the income-restricted units;

ii.

The incentive would have a specific adverse impact upon public health and safety, or the physical environment, or on any real property that is listed in the California Register of Historical Resources, or the incentive would have a specific adverse impact for which there is a feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to extremely low, very low, lower, or moderate income households; or

iii.

The incentive is contrary to State or federal law.

b.

When a waiver or reduction of development standards is requested:

i.

The development standard for which the applicant is requesting a waiver or reduction does not physically preclude the construction of the project at the densities or with the incentives permitted by Chapter 22.120 (Density Bonus);

ii.

The waiver or reduction would have a specific adverse impact upon public health and safety, or the physical environment, or any real property that is listed in the California Register of Historical Resources, or the waiver or reduction would have a specific adverse impact for which there is a feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

iii.

The waiver or reduction is contrary to State or federal law.

c.

When an additional incentive for the provision of a child care facility is requested:

i.

The additional incentive for a child care facility significantly does not contribute to the economic feasibility of the construction of the child care facility;

ii.

The additional incentive would have a specific adverse impact upon public health and safety, or the physical environment, or on any real property that is listed in the California Register of Historical Resources, or the incentive would have a specific adverse impact for which there is a feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to extremely low, very low, lower, or moderate income households; or

iii.

The incentive is contrary to State or federal law.

d.

When a reduced of number of supportive or transitional housing units due to a subsidy termination is requested, pursuant to Section 22.182.280 (Reduced Number of Supportive Housing Due to Termination of Subsidy), Section 22.130.260 (Reduced Number of Transitional Housing Units Due to Termination of Subsidy), or Section 22.140.660.E.1.i (Reduced Number of Transitional Housing Units Due to Termination of Subsidy):

i.

The owner has made efforts to find other sources of financial support;

ii.

Any change in the number of supportive service units is restricted to the minimum necessary to maintain project financial feasibility; and

iii.

Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.

2.

Where no concurrent consideration is conducted for a discretionary or legislative application, a decision on an Administrative Housing Permit shall be made within the following time period:

a.

Within 90 days of application submittal, if the project contains 150 or fewer dwelling units, including dwelling units permitted by any density bonus awarded; or

b.

Within 180 days of application submittal, if the project contains more than 150 dwelling units, including dwelling units permitted by any density bonus awarded.

c.

Projects subject to Section 22.128.200 (Supportive Housing Streamlining).

i.

Within 60 days after the application is deemed complete, if the project contains 50 or fewer units, including dwelling units permitted by any density bonus awarded.

ii.

Within 120 days after the application is deemed complete, if the project contains more than 50 units, including dwelling units permitted by any density bonus.

d.

Within 120 days after the application is deemed complete for transitional housing projects, subject to Section 22.130.200 (Motel Conversions, Permanent) or Section 22.140.660 (Motel Conversions, Temporary).

3.

The Review Authority, in approving an application for an Administrative Housing Permit, shall require the applicant to enter into and record a covenant and agreement with the County, as described in Section 22.166.070 (Covenant and Agreement), to ensure the affordability, age restrictions, transitional housing restrictions, and/or supportive housing restrictions, and where applicable, require a monitoring fee, pursuant to Subsection B.3.b (Housing Permit Monitoring Fees) of Section 22.250.010.

4.

The Review Authority's decision on an Administrative Housing Permit is final and is not subject to Chapter 22.240 (Appeals).

D.

Documentation. The Review Authority's decision may be in the form of a letter or in the form of a stamp, signature, or other official notation or documentation on the site plan, or on Exhibit "A," as described in Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A") when a discretionary or legislative application is considered concurrently.

E.

Effective Date of Permit.

1.

The Administrative Housing Permit is effective on the date documentation is provided, pursuant to Subsection D (Documentation) of Section 22.166.040.

2.

Notwithstanding Subsection E.1, above, when a discretionary application is considered concurrently with an Administrative Housing Permit:

a.

The Administrative Housing Permit shall be effective on the 15th day following the date of the discretionary application decision, unless an appeal of the discretionary application decision is timely filed, or an appeal body calls for review of the discretionary application decision, pursuant to Section 22.222.230 (Effective Date of Decision and Appeals) and Chapter 22.240 (Appeals).

b.

Notwithstanding Subsection E.2.a, above, where the discretionary application is a tentative map, parcel map, or request for parcel map waiver, the Administrative Housing Permit shall become effective on the first day after expiration of the time limit established by Section 66452.5 of the California Government Code, as set forth in Section 21.56.010 (Procedures - Submittal and Determination) of Title 21 of the County Code, unless an appeal of the decision on the tentative map, parcel map, or request for parcel map waiver is timely filed, pursuant to Section 21.56.010 (Procedures - Submittal and Determination) of Title 21 of the County Code.

c.

Where a discretionary application decision is timely appealed to, or called for review by the Board, the Administrative Housing Permit shall be effective the date of decision by the Board of such appeal or review.

F.

Time Limits for Unused Permits.

1.

An approved Administrative Housing Permit shall not expire. All other concurrent permits required by this Title 22 approved for the same project shall also not expire, except for those approved for the non-residential component of a mixed-use development.

2.

Notwithstanding Subsection F.1, above, in the case of an Administrative Housing Permit approved concurrently with a subdivision, the time limit shall be concurrent and consistent with those of the subdivision.

G.

Termination. Upon a showing of good cause and after consultation with the Executive Director of the LACDA, the Administrative Housing Permit may be terminated by the Director of Regional Planning.

(Ord. 2021-0018 § 16, 2021; Ord. 2021-0017 § 28, 2021; Ord. 2021-0010 § 38, 2021; Ord. 2019-0053 § 26, 2019.)

A.

Application and Review Procedures.

1.

Application Checklist. The application shall contain all of the materials required by the Discretionary Housing Permit Checklist.

2.

Fees.

a.

When a Discretionary Housing Permit application is filed, it shall be accompanied by the required filing fee, as shown in Table 22.250.010-A (Filing Fee Schedule), or as specified otherwise in Subsection B (Fee Exemption and Reductions for Affordable Housing) of Section 22.250.020, subject to Chapter 22.120 (Density Bonus).

b.

The Director shall refer the application to the LACDA for review, pursuant to this Chapter, and the applicant shall pay directly to the LACDA the Housing Permit Evaluation Fee, as described in Subsection B.3.a of Section 22.250.010.

3.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review - Discretionary) and this Chapter.

B.

Findings and Decision.

1.

Common Procedures. Findings and decision shall be made in compliance with Section 22.230.050 (Findings and Decision) and include the findings in Subsection B.2, below, where applicable.

2.

Findings.

a.

The project will be consistent with the General Plan.

b.

The project will not:

i.

Adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area or within the project;

ii.

Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; and

iii.

Jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

c.

The project site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area.

d.

The project site is adequately served:

i.

By highways or streets of sufficient width, and improved, as necessary, to carry the kind and quantity of traffic such use would generate; and

ii.

By other public or private service facilities, as are required.

e.

The project is complimentary to the surrounding area in terms of land use patterns and design.

f.

Any incentives, waivers, or reductions of development standards will contribute to the use and enjoyment of persons residing within the project.

g.

The project will contribute to satisfying the affordable housing needs of the unincorporated areas of Los Angeles County.

C.

Conditions of Approval.

1.

The Review Authority may impose any conditions deemed necessary to ensure that the project will be in accordance with the findings required by Subsection B (Findings and Decision), above.

2.

The Review Authority may impose conditions that involve any pertinent factors affecting the establishment, operation, and maintenance of the project.

3.

The Review Authority may also approve the requested Discretionary Housing Permit, contingent upon compliance with applicable provisions of other ordinances.

4.

The Review Authority, in approving an application for a Discretionary Housing Permit, shall condition the applicant to enter into and record a covenant and agreement with the County, as described in Section 22.166.070 (Covenant and Agreement), to ensure the affordability or age restrictions of the units, and, if applicable, require a monitoring fee, pursuant to Subsection B.3.b (Housing Permit Monitoring Fees) of Section 22.250.010.

D.

Time Extension for Unused Permits. Notwithstanding Subsection B of Section 22.222.270:

1.

Where an application requesting an extension for an unused Discretionary Housing Permit is filed prior to the expiration date, the Director may extend the time limit in Subsection A of Section 22.222.270 for a period not to exceed one year.

2.

The Director may grant an additional (second) one-year extension, provided that an application requesting such extension is filed prior to the expiration of the first such extension.

E.

Termination. Upon a showing of good cause and after consultation with the Executive Director of the LACDA, the Discretionary Housing Permit may be terminated by the Director of Regional Planning.

(Ord. 2019-0053 § 26, 2019.)

Unless specifically modified by a Housing Permit, all regulations prescribed in the zone, the community standards district, or the specific plan in which such Housing Permit is granted shall apply.

(Ord. 2019-0053 § 26, 2019.)

A.

Affordable Housing. A covenant and agreement, acceptable to the LACDA, shall be recorded by the applicant with the Registrar-Recorder/County Clerk to ensure the continuing availability of income-restricted units, and as applicable, transitional housing restricted units, supportive housing restricted units, age-restricted units, and child care facilities, in compliance with this Chapter, Chapter 22.119 (Affordable Housing Replacement), Chapter 22.120 (Density Bonus), Chapter 22.121 (Inclusionary Housing), Section 22.128.200 (Supportive Housing Streamlining), Section 22.130.200 (Motel Conversions, Permanent), and Section 22.140.660 (Motel Conversions, Temporary). All Housing Permits without a covenant and agreement that are recorded within 180 days of the Housing Permit effective date shall be null and void. No building permit shall be issued prior to the covenant recordation.

1.

Standard Terms. The covenant and agreement shall include, but not be limited to, the following:

a.

The total number of dwelling units and the number of income-restricted units that must be restricted and monitored on an annual basis.

b.

The household income levels assigned to the income-restricted units.

c.

The location, sizes (square footage), and number of bedrooms of the income-restricted units. For-sale dwelling units must be fixed, and the rental dwelling units may float, as approved in writing by the LACDA.

d.

Authorization by applicant for LACDA to conduct periodic site inspections.

e.

Remedies, including monetary penalties, for violation of the covenant and agreement, and of this Section.

2.

Rental Income-Restricted Units. When income-restricted units are rental dwelling units, the covenant and agreement shall also include owner requirements related to the following, and subject to the LACDA's review and approval:

a.

Duration of affordability, as specified;

b.

Policies and procedures to ensure a fair and transparent lease-up process, which may include, but are not limited to: advertising on the Los Angeles County Housing Resource Center website (or any similar or replacement County database or website, as applicable); an initial lease-up and tenant selection plan that outlines application qualification criteria and owner waiting list protocols; and a management plan that describes processes for filling vacancies and maintaining the habitability of the income-restricted units;

c.

Provisions requiring owners to submit a written request for the LACDA's review and approval for a change in property management company, such request to be made 60 days prior to effect; and

d.

Provisions requiring owners to comply with monitoring procedures, as described in Section 22.166.080 (Monitoring of Affordable Housing).

3.

For-Sale Income-Restricted Units. When income-restricted units are for-sale dwelling units, the covenant and agreement shall also include owner requirements related to the following and subject to the LACDA's review and approval:

a.

Policies and procedures to restrict the initial sale to eligible buyers, including but not limited to: provisions for owner compliance with the creation of an affirmative marketing plan and advertising on the Los Angeles County Housing Resource Center website (or any similar or replacement County database or website, as applicable); a home buyer selection plan with applicant qualification criteria; the rules and procedures for qualifying buyers; and, where applicable, establishment of affordable housing costs and affordable sales prices;

b.

Provisions restricting the income-restricted units to be owner-occupied;

c.

Provisions requiring owners to comply with monitoring procedures, as described in Section 22.166.080 (Monitoring of Affordable Housing); and

d.

Provisions restricting the initial sale to eligible buyers, and requiring equity sharing with the County that states the following terms:

i.

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation;

ii.

The seller's proportionate share of appreciation shall be the total appreciation, minus the County's proportionate share of appreciation;

iii.

Upon resale, the County shall recapture any initial subsidy and receive the County's proportionate share of appreciation;

iv.

The County's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale;

v.

The County's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price, plus the amount of any down payment assistance or mortgage assistance. If upon resale the fair market value is lower than the initial fair market value, then the value at the time of the resale shall be used as the initial fair market value;

vi.

The County, a County-designated agency, or a qualified nonprofit shall maintain right of first refusal on the unit for the purpose of sale or rental to eligible households; and

vii.

All County equity-sharing proceeds shall be used within five years for any of the purposes described in section 33334.2(e) of the California Health and Safety Code that promote affordable home ownership.

e.

Notwithstanding Subsection A.3.d., above, if the units are part of a community land trust, the community land trust shall maintain equity in sales of the income-restricted units to qualifying households.

4.

Age-Restricted Units. When a housing development subject to this Subsection A includes age-restricted units, the covenant and agreement shall include provisions to ensure the age restrictions of the income-restricted units in accordance with section 51.3 of the California Civil Code.

5.

Child Care Facilities. When a housing development subject to this Subsection A includes a child care facility, the covenant and agreement shall also include the following to ensure compliance with subsections (A) and (B) of section 65915(h)(2) of the California Government Code:

a.

The rules and procedures for qualifying children, filling vacancies, and maintaining a percentage of use by qualified households;

b.

The minimum amount of time in which a child care facility must remain in operation. That period of time shall be as long or longer than the period of time the income-restricted units are required to remain affordable, pursuant to Chapter 22.120 (Density Bonus); and

c.

The minimum required percentage of children of very low, lower, or moderate income households who attend the child care facility, which shall be equal to or greater than the percentage of dwelling units that are required for very low, lower, or moderate income households, pursuant to Subsection D (Additional Density Bonus or Incentive for Child Care Facility) of Section 22.120.050.

6.

Transitional Housing and Supportive Housing. When a housing development subject to this Subsection A is subject to Section 22.128.200 (Supportive Housing Streamlining) or is a transitional housing project subject to Section 22.130.200 (Motel Conversions, Permanent) or Section 22.140.660 (Motel Conversions, Temporary), the covenant and agreement shall also include:

a.

The number of units restricted to transitional or supportive housing for the respective target population;

b.

The size (square footage) and location of the supportive services area;

c.

A transition plan to be implemented one year prior to the end of the term of income restriction. The transition plan shall ensure that change to the occupancy of the supportive or transitional housing units is made in a manner that minimizes occupant disruption and only upon the vacancy of such units; and

d.

Duration, as specified.

B.

Senior Citizen Housing. A covenant and agreement, acceptable to the LACDA, shall be recorded by the applicant with the Registrar-Recorder/County Clerk to ensure the continuing availability of senior citizen housing, in compliance with this Chapter and Chapter 22.120 (Density Bonus). The covenant and agreement shall contain remedies for violations of the covenant and agreement and of this Section. The covenant and agreement shall be recorded within 30 days of the Housing Permit effective date.

C.

Release of the Covenant and Agreement. The covenant and agreement shall terminate and cease to be in effect, should the Housing Permit be terminated, pursuant to Subsection G (Termination) of Section 22.166.040 and Subsection E (Termination) of Section 22.166.050.

(Ord. 2021-0018 § 17, 2021; Ord. 2021-0017 § 29, 2021; Ord. 2020-0064 § 14, 2020; Ord. 2019-0053 § 26, 2019.)

The monitoring of income-restricted, transitional housing and supportive housing units shall be administered by the LACDA. The LACDA shall be responsible for verifying income eligibility, verifying provision of on-site services for supportive and transitional housing units, monitoring sales of income-restricted units to qualified buyers, conducting periodic site inspections, and administering the annual certification of income restricted units approved pursuant to this Chapter, for the duration of the required term, as specified in Chapter 22.119 (Affordable Housing Replacement), Chapter 22.120 (Density Bonus), Chapter 22.121 (Inclusionary Housing), Section 22.128.200 (Supportive Housing Streamlining), Section 22.130.200 (Motel Conversions, Permanent ), or Section 22.140.660 (Motel Conversions, Temporary).

A.

Certification. Property owners shall certify with the LACDA that the income-restricted units are in conformance with the terms of the Housing Permit after the final certificate of occupancy is issued by Public Works for any dwelling unit in the project, and thereafter, on or before January 2 of each year.

B.

Fees. The applicant for an approved Housing Permit shall pay monitoring fees, as described in Subsection B.3.b (Housing Permit Monitoring Fees) of Section 22.250.010.

C.

Reporting. On or before April 1 of each year, the LACDA shall provide an annual report to the Director that describes the following:

1.

The location and status of each income-restricted unit, including, where applicable, those income-restricted units restricted as transitional housing or supportive housing, approved in accordance with this Chapter; and

2.

The results of the certification of each income-restricted unit and a notification to the Director of any necessary actions to maintain the income-restricted units.

D.

Enforcement and Noncompliance. In the event of noncompliance, the owner of the income-restricted units shall be subject to Chapter 22.242 (Enforcement Procedures), the remedies described in the covenant and agreement, and any other remedies at law.

(Ord. 2021-0018 § 17, 2021; Ord. 2021-0017 § 30, 2021; Ord. 2020-0064 § 15, 2020; Ord. 2019-0053 § 26, 2019.)

The provisions of this Chapter 22.168 are known as, and may be cited as, the "Los Angeles County Mills Act Program."

(Ord. 2019-0004 § 1, 2019.)

The Program provides an incentive for owners of qualified historical properties within the unincorporated areas of the County to preserve, restore, and rehabilitate the historic character of such properties, thereby providing an historical, architectural, social, artistic, and cultural benefit to the citizens of the County, as authorized by the provisions of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of Title 5 of the California Government Code, which provisions are commonly known as the "Mills Act."

(Ord. 2019-0004 § 1, 2019.)

Specific term(s) used in this Chapter are defined in Section 22.14.130 of Division 2 (Definitions), under "Mills Act Program."

(Ord. 2019-0004 § 1, 2019.)

Only qualified historical properties shall be eligible to participate in the Program.

(Ord. 2019-0004 § 1, 2019.)

To implement the Program, the Director shall propose provisions to control the cost to the County of the operation of the Program, including, but not limited to, provisions designed to limit the total reduction in unrealized property tax revenue to the County resulting from historical property contracts. The Director, in consultation with the Landmarks Commission, shall also propose priority criteria by which an application can receive priority consideration over other applications. Such provisions and priority criteria must be approved by the Board, and may be amended from time to time by the Board.

(Ord. 2019-0004 § 1, 2019.)

A.

Any person may file an application with the Director to enter into an historical property contract. An application must be accompanied by the applicable application fee, which shall be non-refundable.

B.

An application shall contain the following information:

1.

Name and address of the applicant and of all owners of the subject property;

2.

Evidence that the applicant is the sole owner of the subject property or has the written permission of all owners to make such application;

3.

The location and legal description of the subject property;

4.

Evidence that the subject property is a qualified historical property;

5.

A proposed plan for the preservation and, when necessary, the restoration or rehabilitation of the subject property, including a plan for all construction and maintenance work which is proposed to be performed;

6.

Evidence satisfactory to the Director that execution of the historical property contract will result in the preservation and, when necessary, the restoration and/or rehabilitation of a qualified historical property; and

7.

Such other information as the Director may require.

(Ord. 2019-0004 § 1, 2019.)

After the Director determines that an application to participate in the Program is complete, the Director shall cause to be conducted, and the owners shall allow, an inspection of the interior and exterior of the subject property to substantiate the information and evidence contained in the application, and to determine whether the work proposed as part of the plan required by Section 22.168.060.B.5 is necessary for and will result in the preservation and, when necessary, the restoration or rehabilitation of the subject property.

(Ord. 2019-0004 § 1, 2019.)

A.

Grant of Application. The Director may grant an application if, after the inspection required by Section 22.168.070 (Inspection of the Property), the Director determines that the information and evidence contained in the application has been substantiated, and that the work proposed as part of the plan required by Section 22.168.060.B.5 is necessary for, and will result in, the preservation and, when necessary, the restoration and/or rehabilitation of the subject property. Upon granting the application, the Director and all owners of the subject property shall execute an historical property contract containing all of the provisions required by Section 22.168.100 (Required Provisions of an Historical Property Contract), and including the plan required by Section 22.168.060.B as an exhibit, incorporating its provisions into the contract. An historical property contract shall not be effective for any purpose unless all owners of the subject property execute the historical property contract and pay the applicable non-refundable, contract execution fee. Within 20 days after execution of the contract, the owners shall pay all required inspection, recording, and other fees set forth in the contract.

B.

Denial of Application. The Director shall deny the application if it fails to contain the information and evidence required by Section 22.168.060 (Application), or if the Director determines that such evidence and/or information has not been satisfactorily substantiated following inspection of the subject property pursuant to Section 22.168.070 (Inspection of the Property). The Director shall also deny the application if the Director determines that granting the application would be inconsistent with any approved provisions described in Section 22.168.050 (Program Implementation). At any time prior to denying an application, the Director may suggest modifications or changes to the application which, if adopted by the applicant, would cause the application to conform to the requirements of this Chapter.

C.

No Administrative Appeal. Other than as provided in Section 22.168.090 (Exemption From Disqualification), the decision of the Director on the application shall be final and shall not be subject to administrative appeal.

(Ord. 2019-0004 § 1, 2019.)

Where a qualified historical property is ineligible to participate in the Program because of any approved provisions described in Section 22.168.050 (Program Implementation), the owners or other persons authorized by the owners may file a request with the Director for an exemption from the disqualifying provisions pursuant to this Section.

A.

Requirements for Exemption Request. A request for an exemption shall be accompanied by the applicable application fee and the applicable exemption request fee. The exemption request shall contain the information and evidence required by Section 22.168.060 (Application). In addition, the exemption request shall include evidence that, notwithstanding the disqualifying provisions, the subject property is deserving of an historical property contract due to its exceptional nature, or because it is subject to special circumstances not generally applicable to other qualified historical properties. After the Director determines that the exemption request application is complete, the Director shall inspect the property pursuant to Section 22.168.070 (Inspection of the Property) for the purposes described therein and to evaluate whether the exemption is warranted due to the exceptional nature of the subject property or because the subject property is subject to special circumstances not generally applicable to other qualified historical properties.

B.

Director's Recommendation. Upon completion of the review of the exemption request and inspection of the subject property, the Director shall make a recommendation to the Board to approve or deny the request based on the criteria set forth in Section 22.168.080.A (Grant of Application), and also based on whether there is sufficient evidence showing that the subject property has an exceptional nature or is subject to special circumstances not generally applicable to other qualified historical properties that warrant the exemption.

C.

Decision of the Board. The Board may grant the exemption request if it finds that the applicant has substantiated the information and evidence required under Subsection A, above, and that the work proposed as part of the plan required by Section 22.168.060.B is necessary for and will result in the preservation and, when necessary, the restoration and/or rehabilitation of the subject property. If the Board grants the exemption request, the Director and all owners shall execute an historical property contract as described in Section 22.168.080.A (Grant of Application).

(Ord. 2019-0004 § 1, 2019.)

An historical property contract shall contain all of the provisions required by Sections 50280, 50281, and 50282 of the California Government Code, and shall also include provisions that require:

A.

That the preservation, and any restoration and/or rehabilitation of the qualified historical property, conform to any rules and regulations established or adopted by the County regarding the preservation, restoration, and/or rehabilitation of qualified historical properties.

B.

An inspection of the interior and exterior of the premises by the Department every five years, or on any more frequent basis as the Director deems necessary, to determine the owners' compliance with the contract.

C.

The owners to provide all information requested by the Director or the Department for purposes of determining the owners' compliance with the contract.

D.

Such other terms and provisions as the Director determines are necessary.

(Ord. 2019-0004 § 1, 2019.)

Not later than 20 days after the execution of an historical property contract, the Director shall cause to be recorded with the Registrar-Recorder/County Clerk a copy of the contract, which contract shall adequately describe the subject property. The Department shall provide all owners with a copy of the recorded contract.

(Ord. 2019-0004 § 1, 2019.)

An historical property contract shall be cancelled under the circumstances and pursuant to the procedures described in this Section. No historical property contract may be cancelled unless and until the Department has given notice of, and a Hearing Officer has held, a public hearing pursuant to this Section.

A.

Circumstances for Cancellation. An historical property contract shall be cancelled under the following circumstances:

1.

If the Hearing Officer determines that the owners of the subject property has breached any of the conditions of the historical property contract or has allowed the subject property to deteriorate to the point that it no longer meets the standards for a qualified historical property;

2.

The subject property is demolished, destroyed, or significantly altered due to a natural disaster such that the subject property no longer meets the standards for a qualified historical property and the Hearing Officer determines, after consultation by the Director with the State Office of Historic Preservation, that preservation, rehabilitation, or restoration of the subject property is infeasible; and

3.

The subject property has been acquired in whole or in part by eminent domain by an entity authorized to exercise eminent domain, if the Hearing Officer determines that the eminent domain acquisition frustrates the purposes of the historical property contract.

B.

Public Hearing Procedure.

1.

At least 30 days before the public hearing on the cancellation of an historical property contract, the Department shall mail notice of the public hearing to the last known address of each owner of the qualified historical property and shall publish notice of the public hearing pursuant to Sections 6060 and 6061 of the California Government Code.

2.

The public hearing on the matter shall be conducted by a Hearing Officer pursuant to Section 22.222.120 (Public Hearing Procedure). The Hearing Officer shall make a determination as to whether any of the circumstances described in Subsection A, above, have been met. If such a determination is made, the Hearing Officer shall declare the historical property contract cancelled, and within 20 days after such determination, the Department shall record a notice of contract cancellation with the Registrar-Recorder/County Clerk. The Hearing Officer shall mail notice of the action taken to the same persons to whom notice of the public hearing was mailed pursuant to Subsection B.1, above.

C.

Cancellation Fee.

1.

Except as provided in Subsection C.2, below, if an historical property contract is declared cancelled pursuant to Subsection B.2, above, the owners shall pay a cancellation fee equal to 12½ percent of the current fair market value of the property, as determined by the Assessor as though the property were free of the contractual restriction. The cancellation fee shall be paid to the Auditor-Controller at the time and in the manner that the Auditor-Controller shall prescribe and shall be allocated by the Auditor-Controller as required by Section 50286 of the California Government Code.

2.

The cancellation fee described in Subsection C.1, above, shall not apply to an historical property contract cancelled because of a circumstance described in Subsection A.2 or A.3, above.

D.

No Administrative Appeal. The decision of the Hearing Officer on the cancellation of the historical property contract shall be final and shall not be subject to administrative appeal.

(Ord. 2019-0004 § 1, 2019.)

A.

The Director, in consultation with the Landmarks Commission, shall issue administrative guidelines to implement this Chapter, which guidelines shall provide for the administration and operation of the Program. The administrative guidelines shall also include any provisions and priority criteria approved by the Board pursuant to Section 22.168.050 (Program Implementation).

B.

The Director shall prepare a form historical property contract for approval by the Board which contains, at a minimum, all the provisions described in Section 22.168.100 (Required Provisions of a Historical Property Contract).

(Ord. 2019-0004 § 1, 2019.)

A.

Lot Line Adjustments provide a process to adjust the lot line between two or more existing adjacent lots, where the land taken from one lot is added to an adjacent lot and where a greater number of lots than originally existed are not thereby created.

B.

For a Lot Line Adjustment where the subject property lies within the boundaries of the Coastal Zone, as defined in Section 30103 of the California Public Resources Code, a coastal development permit shall be required pursuant to Chapter 22.56 (Coastal Development Permits).

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all materials required by the Lot Line Adjustment Checklist.

B.

Type I Review. The application shall be filed and processed in compliance with Chapter 22.226 (Type I Review—Ministerial) and this Chapter, unless Subsection C, below, applies.

C.

Coastal Development Permit. If the subject property lies within the boundaries of the Coastal Zone, as defined in Section 30103 of the California Public Resources Code, a lot line adjustment shall require a coastal development permit (Chapter 22.56).

(Ord. 2019-0004 § 1, 2019.)

Lot Line Adjustments shall conform to the following development standards:

A.

The lot design, frontage, access, and similar standards shall be consistent with applicable provisions contained in Title 21 (Subdivisions) of the County Code.

B.

Any change in access, lot configuration or orientation of structures, easements, or utilities to lot lines will not, in the opinion of the Director, result in any burden on public services or materially affect the property rights of any adjacent owners.

C.

The lots to be adjusted are eligible for unconditional certificates of compliance under the provisions of the Subdivision Map Act and this Title 22.

D.

The adjusted lot configurations will be in accord with established neighborhood lot design patterns and will not violate any statute, ordinance, regulation, or good planning practice.

E.

If any of the lots to be adjusted are improved with a structure requiring a building permit, the applicant shall provide an inspection report from the Building and Safety Division of Public Works certifying that changes in lot lines will not violate any ordinances or regulations administered by such department. Public Works shall collect any fees required for this service.

(Ord. 2019-0004 § 1, 2019.)

If the application is approved:

A.

The Director shall record a certificate of compliance containing the descriptions of the lots as they will exist after adjustment. If the request is denied, the Director shall report this in writing to the applicant, citing the reasons for denial.

B.

The Lot Line Adjustment shall be reflected in a deed or record of survey which shall be recorded by the applicant.

(Ord. 2019-0004 § 1, 2019.)

A.

As used in this Chapter the expressions "Type I, Type II, Type III, Type IV, and Type V building" are used as defined Title 26 (Building Code) of the County Code.

B.

"Building or structure, nonconforming due to standards" and "building or structure, nonconforming due to use" are defined in Section 22.14.020 of Division 2 (Definition).

(Ord. 2019-0004 § 1, 2019.)

Except as specified otherwise, the following regulations shall apply to all nonconforming uses and to all buildings or structures nonconforming due to use and/or standards as specified herein:

A.

Continuation. A nonconforming use or a building or structure nonconforming due to use and/or standards may be continuously maintained provided there is no alteration, enlargement, or addition to any building or structure; no increase in occupant load; nor any enlargement of area, space, or volume occupied by or devoted to such use, except as otherwise provided in this Title 22.

B.

Additions to a Nonconforming Use or a Building or Structure Nonconforming Due to Use and/or Standards. This Section does not authorize the extension, expansion, or enlargement of the area of land or the area within a building or structure devoted to a nonconforming use, or the alteration, enlargement of, or addition to a building or structure nonconforming due to use and/or standards, or permit the addition of land, buildings, or structures used in conjunction with a nonconforming use or a building or structure nonconforming due to use and/or standards except:

1.

To the extent required by a subsequently enacted or subsequently adopted law, ordinance, or regulation, and the Director so finds. Such additions as are permitted by this Subsection B shall not be construed to extend the termination date of the subject nonconforming use, or a building or a structure nonconforming due to use.

2.

Additions may be made to a building nonconforming due to use and/or standards which is designed for and used as a residence without requiring any additional parking space or driveway paving; provided that such additions neither increase the number of dwelling units in such structure, nor occupy the only portion of an area which can be used for required parking space or access thereto.

C.

Additions to a Building or Structure Nonconforming Due to Standards. Additions may be made to a building or structure nonconforming due to standards which is not in violation of any provisions of this Title 22 and is nonconforming only because it does not meet the following standards of development as provided herein:

1.

Yards, provided such addition or expansion is developed pursuant to the yard requirements of this Title 22.

2.

Building height limits, but not including floor area ratio or maximum lot coverage provisions, provided such addition or expansion is developed pursuant to the height requirements of this Title 22.

3.

Parking facilities including width of access and paving, improvement, number of spaces, and landscaping of parking areas; provided, that parking spaces for such addition, increase in occupant load or expansion shall be developed pursuant to the provisions of Chapter 22.112 (Parking). Such addition or expansion shall not occupy the only portion of an area which can be used for the required parking space or access thereto. Where the number of parking spaces provided prior to such addition is sufficient to comply with said Chapter 22.112 after such expansion, the existing development of such parking facilities shall be deemed to comply with this Subsection C.

4.

Such additions as are permitted by this Subsection C shall not be construed to authorize the modification of any provision of this Title 22 nor extend the termination date of the subject nonconforming use.

D.

Conforming Uses in a Building or Structure Nonconforming Due to Standards Other Than Parking. A building or structure nonconforming due to standards other than parking may be occupied by any use permitted in the zone in which it is located, subject to the limitations and conditions governing such use as specified in the zone.

E.

Conforming Uses in a Building or Structure Nonconforming Due to Parking. A building or structure nonconforming due to parking standards may be occupied by any use permitted in the zone in which it is located subject to the limitations and conditions governing such use as specified in the zone; provided, that:

1.

The use has the same or lesser parking requirement as the existing or previous use; or

2.

If the use has a greater requirement than the existing or previous use, a sufficient number of additional parking spaces is developed to accommodate the increased amount of space required by the new use.

F.

Buildings or structures, for which a valid building permit has been issued prior to the effective date, or operative date where later, of the ordinance codified herein, or any amendments thereto, making such building or structure nonconforming due to use and/or standards, may be completed and used in accordance with the provisions of this Title 22, provided:

1.

That such construction or the proposed use of such building or structure under construction is not in violation of any other ordinance or law at said effective or operative date; and

2.

That such building or structure is completed within:

a.

One year from said effective or operative date, if two stories or less in height and not more than 70,000 square feet in floor area, except that one additional month shall be permitted for each 15,000 square feet in excess of said 70,000 square feet,

b.

One and one-half years from said effective or operative date, if three to six stories in height and not more than 100,000 square feet in floor area, except that one additional month shall be permitted for each 15,000 square feet in excess of said 100,000 square feet, or

c.

Two years from said effective or operative date if seven stories or more in height and not more than 150,000 square feet in floor area except that one additional month shall be permitted for 15,000 square feet in excess of said 150,000 square feet; and

3.

That such building or structure is completed in accordance with the plans and specifications on which such building permit was issued.

G.

Repair of Damaged or Partially Destroyed Buildings or Structures Nonconforming Due to Use or Standards. Any building or structure nonconforming due to use or standards which is damaged or partially destroyed may be restored to the condition in which it was immediately prior to the occurrence of such damage or destruction, provided:

1.

That the cost of reconstruction does not exceed 50 percent of the total market value of the building or structure as determined by:

a.

The current assessment roll immediately prior to the time of damage or destruction, or

b.

A narrative appraisal prepared by a certified member of a recognized professional appraiser's organization; provided, that such appraisal is first submitted to and approved by the Director. Submission of an appraisal shall be at the option of the applicant. In verifying the accuracy of the appraisal submitted, the Director may request additional supporting information from the applicant and/or may conduct an investigation including a request for technical assistance from any source which in the Director's opinion can contribute information necessary to complete such evaluation. Further, the Director may also obtain an independent narrative appraisal of the applicant's property to verify the accuracy of the appraisal submitted by the applicant. Where a discrepancy exists between the applicant's appraisal and the appraisal prepared pursuant to the Director's request, the Director may at the Director's discretion determine the market value of the applicant's property based on the evidence submitted and the Director's decision is final; provided, that the applicant shall first have the opportunity to file additional information to substantiate the accuracy of the appraisal submitted by the applicant. Where the Director undertakes an investigation and/or requests that an independent appraisal be prepared as provided herein, the applicant shall pay to the County the actual cost of conducting such investigation and/or the appraisal. Value shall be determined by the use of the assessment roll in all instances where an appraisal prepared pursuant to this Subsection G is not approved by the Director. Such costs shall not include the land or any factor other than the building or structure itself.

2.

That all reconstruction shall be started within one year from the date of damage and be pursued diligently to completion.

H.

Maintenance of Buildings or Structures Nonconforming Due to Use. When maintenance or routine repairs within any 12-month period exceed 25 percent of the current market value of a building or structure nonconforming due to use, or a building or structure nonconforming due to standards which is subject to termination by operation of law as specified in Section 22.172.050.B (Termination by Operation of Law), such building or structure shall be made to conform to the requirements for new buildings or structures as specified by this Title 22. This provision does not apply to additions permitted by this part or to Section 22.110.110.B (Relocation of Buildings and Structures for Public Use). Market value shall be determined by the method specified in Subsection G, above.

I.

Maintenance and Operation of Nonconforming Uses in Green Zone. Nonconforming uses described in Section 22.84.050.C (Nonconforming Uses) may be maintained and operated within the time limits specified in Section 22.172.050.B.3 (Green Zone). If the use was established by a discretionary permit pursuant to this Title 22, maintenance and operation shall be subject to the conditions of approval of the discretionary permit. For all other uses, maintenance and operation shall be subject to the following:

1.

Hours of Outdoor Operation. No outdoor operation or activities shall be conducted between 6:00 p.m. and 8:00 a.m., daily, with the exception of truck loading and unloading into an enclosed building only;

2.

Storage of Materials and Waste. All materials or waste shall be stored in designated receptacles, bins, or pallets, and located on a paved impermeable surface on-site or within an enclosed building; and

3.

Site Maintenance. Other than for the collection or receipt of items related to the principal use, exterior areas of the premises shall be maintained free of garbage, trash, debris, or junk and salvage, except as stored in designated trash collection containers and enclosures.

J.

Limitation on Additional Development. No new principal use, building, or structure shall be developed on any lot containing a nonconforming use or a building or structure nonconforming due to use and/or standards unless the following conditions prevail:

1.

That each existing and proposed principal use, building or structure, including any appurtenant structures, improvements and open space, will be located on a lot having the required area as provided in Section 22.110.130 (Required Area and Width), Section 22.110.140 (Required Area or Width for Specific Circumstances), and Section 22.110.160 (Resubdivision Conditions for Undersized or Underwidth Lots);

2.

That such lot can be divided into smaller lots each of which when considered as a separate lot will contain not less than the required area; and

3.

That each such lot so divided into smaller lots will comply with the requirements of this Title 22 as to the number and location of structures, including the provisions pertaining to the maximum density in Section 22.02.050.B.2 (Maximum) or Section 22.06.020 (Suffixes to Zoning Symbols).

K.

Conversion of nonconforming hotels, motels, and youth hostels to transitional housing or shelters shall be permitted, subject to Section 22.140.660 (Motel Conversions, Temporary) and Section 22.130.200 (Motel Conversions, Permanent).

L.

The provisions of this Section shall not be construed to extend the termination date of such nonconforming uses, buildings, and structures.

M.

Notwithstanding the other provisions of this Chapter 22.172, an accessory dwelling unit or junior accessory dwelling unit in compliance with Section 22.140.640 (Accessory Dwelling Units and Junior Accessory Dwelling Units) may be developed on a lot containing a single-family or multi-family residence nonconforming due to use and/or standards so long as a residential use is permitted or conditionally permitted in the zone in which the single-family or multi-family residence is located.

(Ord. 2025-0029 § 9, 2025; Ord. 2024-0028 § 23, 2024; Ord. 2021-0017 § 31, 2021; Ord. 2021-0010 § 39, 2021; Ord. 2019-0020 § 20, 2019; Ord. 2019-0004 § 1, 2019.)

Any publicly owned nonconforming use or building or structure nonconforming due to use and/or standards, including but not limited to, schools, colleges, parks, libraries, fire stations, Sheriff stations and other public sites, may be added to, extended, or altered if such additions, extensions, or alterations do not extend beyond the boundaries of the original site established prior to the time approval was required. Nothing in this Title 22 pertaining to nonconforming due to use and/or standards shall be construed to require the termination, discontinuance or removal of such uses, buildings or structures except as provided in Section 22.238.050 (Nonconforming Uses and Structures—Additional Grounds).

(Ord. 2019-0004 § 1, 2019.)

Any building or structure of a public utility made nonconforming by the provisions of this Title 22, including equipment or other facilities necessary for operating purposes; but excluding offices, service centers, or yards; may be added to, extended, or altered, provided, there is no change in use or enlargement of the original site established prior to the time such approval was required. Nothing in this Title 22 pertaining to nonconforming uses or buildings and structures nonconforming due to use or standards shall be construed to require the termination, discontinuance, or removal of such uses, buildings or structures except as provided in Section 22.238.050 (Nonconforming Uses and Structures—Additional Grounds).

(Ord. 2019-0004 § 1, 2019.)

The following regulations shall apply to all nonconforming uses and buildings and structures nonconforming due to use, and to buildings and structures nonconforming due to standards as specified in this Section.

A.

Termination by Discontinuance. Discontinuance of a nonconforming use or of the use of a building or structure nonconforming due to use and/or standards as indicated herein shall immediately terminate the right to operate or use such nonconforming use, building or structure, except when extended as otherwise provided in this Title 22:

1.

Changing a nonconforming use to a conforming use;

2.

Removal of a building or structure nonconforming due to use or standards;

3.

Discontinuance of a nonconforming use or use of a building or structure nonconforming due to use for a consecutive period of two or more years;

4.

Discontinuance of the use of a building or structure nonconforming due to standards, in those cases where such building or structure is subject to termination by operation of law as specified in Subsection B.2, below, for a consecutive period of two or more years.

B.

Termination by Operation of Law. Nonconforming uses and buildings or structures nonconforming due to use, and those buildings or structures nonconforming due to standards enumerated in this Section, shall be discontinued and removed from their sites within the time specified in this Section, except when extended or revoked as otherwise provided in this Title 22:

1.

In the case of nonconforming uses and buildings or structures nonconforming due to use:

a.

Where the property is unimproved, one year;

b.

Where the property is unimproved except for buildings or structures of a type for which Title 26 (Building Code) of the County Code does not require a building permit, three years;

c.

Where the property is unimproved except for buildings or structures which contain less than 100 square feet of gross floor area, or where such buildings or structures have a total market value of $500 or less as reflected by the current assessment roll, three years;

d.

Outdoor advertising signs and structures, five years;

e.

Where a nonconforming use is carried on in a conforming structure, five years except where the provisions of Subsection C, below, or as otherwise provided in this Title 22, apply;

f.

In other cases, 20 years from the effective date or operative date where later of the ordinance or amendment thereto establishing said nonconforming status, and for such longer time so that the total life of the structure from the date of construction, based on the type of construction as defined by Title 26 (Building Code) of the County Code, will be as follows:

i.

Type IV and Type V buildings used as:

(1)

Three-family dwellings, apartment houses and other buildings used for residential occupancy, 35 years;

(2)

Stores and factories, 25 years;

(3)

Any other building not herein enumerated, 25 years;

ii.

Type III buildings used as:

(1)

Three-family dwellings, apartment houses, offices and hotels, 40 years;

(2)

Structures with stores below and residences, offices or a hotel above, 40 years;

(3)

Warehouses, stores and garages, 40 years;

(4)

Factories and industrial buildings, 40 years;

iii.

Type I and Type II buildings used as:

(1)

Three-family dwellings, apartment houses, offices and hotels, 50 years;

(2)

Theaters, warehouses, stores and garages, 50 years;

(3)

Factories and industrial buildings, 50 years;

2.

In the case of buildings or structures nonconforming due to standards, signs as follows:

a.

Signs as prohibited by Section 22.114.040 (Prohibited Signs Designated), 90 days;

b.

All other signs and sign structures except outdoor advertising signs, 10 years.

3.

Green Zone. Notwithstanding any other provisions in this Subsection B, nonconforming uses described in Section 22.84.050.C (Nonconforming Uses) shall be subject to the following time limits, with no request to further extend the time to continue such uses:

a.

If the use was established by a discretionary permit pursuant to this Title 22 and the discretionary permit contains a grant term, the use may continue until the end of the grant term, and, at the end of the grant term, the use shall be terminated;

b.

If the use was established by a discretionary permit pursuant to this Title 22 and the discretionary permit does not contain a grant term, the use shall be terminated on July 14, 2042; or

c.

For all other legally-established uses, the use shall be terminated on July 14, 2029.

C.

Exception. The termination periods enumerated in this Section shall not apply to one-family and two-family dwellings, accessory dwelling units, or junior accessory dwelling units.

(Ord. 2024-0028 § 24, 2024; Ord. 2023-0060 § 16, 2023; Ord. 2022-0023 § 40, 2022; Ord. 2021-0018 § 19, 2021; Ord. 2020-0059 § 13, 2020; Ord. 2019-0020 § 21, 2019; Ord. 2019-0004 § 1, 2019.)

A.

Applicability.

1.

An application may be filed with the Director:

a.

Requesting extension of the time within which a nonconforming use or building or structure nonconforming due to use, or due to standards where applicable, must be discontinued and removed from its site as specified in Section 22.172.050.B (Termination by Operation of Law) or Section 22.246.010.D.2 (Considered Nonconforming Use When),

b.

Requesting substitution of another use permitted in the zone in which the nonconforming use is first permitted where a building or structure is vacant despite efforts to ensure continuation of a nonconforming use and is so constructed that it may not reasonably be converted to or used for a use permitted in the zone in which it is located, or

c.

Requesting repairs of one-family and two-family dwellings in excess of those provided for in Section 22.172.020.G (Repair of Damaged or Partially Destroyed Buildings or Structures Nonconforming Due to Use and/or Standards).

2.

The Director may accept such filing either before or after the date of expiration of such nonconforming use, building or structure.

3.

Exception. This Section shall not apply to nonconforming uses or buildings or structures nonconforming due to use or standards, pursuant to Chapter 22.84 (Green Zone).

B.

Application Review and Procedure.

1.

Application Checklist. The application submittal shall contain all of the materials required by the Nonconforming Uses, Buildings and Structures Review Checklist.

2.

Review and Procedures.

a.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

b.

Exception. In the instance where final action was taken to deny a nonconforming use, building or structure review prior to amendment of the facts required for approval adopted by this Chapter 22.172, effective December 26, 1980, the one-year restriction on reapplication shall not apply.

C.

Findings and Decision.

1.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.200 (Findings and Decision) and include the findings in Subsection C.2, below.

2.

Findings.

a.

To require cessation of such use, building or structure would impair the property rights of any person to such an extent as to be an unconstitutional taking of property; and

b.

Such use, building or structure does not now and will not during the extension period requested:

i.

Adversely affect the health, peace or welfare of persons residing or working in the surrounding area, or

ii.

Be materially detrimental to the use, enjoyment, or valuation of the property of other persons located in the vicinity of the site, or

iii.

Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.

D.

Conditions of Approval. The Commission or Hearing Officer, in approving an application, may impose conditions deemed necessary to ensure that the approval will be in accordance with the findings required. Conditions imposed by the Commission or Hearing Officer may involve any pertinent factors affecting the establishment, operations, and maintenance of the uses, buildings, or structures requested including, but not limited to, those specified in Section 22.158.060 (Conditions of Approval).

(Ord. 2024-0028 § 25, 2024; Ord. 2022-0023 § 41, 2022; Ord. 2019-0004 § 1, 2019.)

The Oak Tree Permit is established: (a) to recognize oak trees as significant historical, aesthetic, and ecological resources, and as one of the most picturesque trees in Los Angeles County, lending beauty and charm to the natural and manmade landscape, enhancing the value of property, and the character of the communities in which they exist; and (b) to create favorable conditions for the preservation and propagation of this unique, threatened plant heritage, particularly those trees which may be classified as heritage oak trees, for the benefit of current and future residents of the County.

It is the intent of the Oak Tree Permit to maintain and enhance the general health, safety and welfare by assisting in counteracting air pollution and in minimizing soil erosion and other related environmental damage. The Oak Tree Permit is also intended to preserve and enhance property values by conserving and adding to the distinctive and unique aesthetic character of many areas of the County in which oak trees are indigenous. The stated objective of the Oak Tree Permit is to preserve and maintain healthy oak trees in the development process.

(Ord. 2019-0004 § 1, 2019.)

Specific terms used in this Chapter are defined in Section 22.14.150 of Division 2 (Definitions), under "Oak Tree Permits."

(Ord. 2019-0004 § 1, 2019.)

A.

Damaging or Removing Oak Trees Prohibited — Permit Requirements. Except as otherwise provided in Subsection B, below, a person shall not cut, destroy, remove, relocate, inflict damage, or encroach into a protected zone of any tree of the oak genus which is:

1.

25 inches or more in circumference (eight inches in diameter) as measured four and one-half feet above mean natural grade; in the case of an oak with more than one trunk, whose combined circumference of any two trunks is at least 38 inches (12 inches in diameter) as measured four and one-half feet above mean natural grade, on any lot within the unincorporated area of the County; or

2.

Any tree that has been provided as a replacement tree, pursuant to Section 22.174.070 (Conditions of Approval), on any lot within the unincorporated area of the County, unless an Oak Tree Permit is first obtained as provided by this Chapter.

B.

Exemptions. An Oak Tree Permit is not required for:

1.

Any oak tree related to any permit, variance, or tentative map for a subdivision, including a minor land division, approved by the Board, Commission, Hearing Officer, or the Director prior to August 20, 1982, the effective date of this Chapter.

2.

Cases of emergency caused by an oak tree being in a hazardous or dangerous condition through structural weakness, insect damage or decay, or being irretrievably damaged or destroyed through flood, fire, wind, or lightning, as determined after visual inspection by the County Forester. Following this determination, the County Forester shall issue an Oak Tree Permit Exemption that will be filed with Regional Planning and expire in 90 days. Upon expiration, the tree must be re-inspected by the County Forester for a new Oak Tree Permit Exemption to be issued.

3.

Emergency or routine maintenance by a public utility necessary to protect or maintain an electric power or communication line or other property of a public utility.

4.

Tree maintenance, limited to medium pruning of branches not to exceed two inches in diameter in accordance with guidelines published by the International Society of Arboriculture intended to ensure the continued health of a protected tree.

5.

Trees planted, grown, or held for sale by a licensed nursery.

6.

Trees within existing road rights-of-way where pruning is necessary to obtain adequate line-of-sight distances and/or to keep street and sidewalk easements clear of obstructions, or to remove or relocate trees causing damage to roadway improvements or other public facilities and infrastructure within existing road rights-of-way, as required by the Director of Public Works.

7.

Temporary housing, in accordance with Chapter 22.252 (Woolsey Fire Disaster Recovery), Chapter 22.254 (Lake and Bobcat Fires Disaster Recovery), Chapter 22.256 (Disaster Recovery), Chapter 22.258 (Temporary Housing After a Disaster), or Section 22.336.070.O (Rebuilding after Disaster).

(Ord. 2023-0038 § 14, 2023; Ord. 2023-0025 § 3, 2023; Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Oak Tree Permit Checklist.

B.

Additional Application Materials. In addition to Subsection A, above, the following application materials shall be required:

1.

Site Plan. The application shall require a site plan showing:

a.

Proposed construction, excavation, grading and/or landfill. Where a change in grade is proposed, the change in grade within the protected zone of each plotted tree shall be specified.

b.

The location of all oak trees subject to this Chapter proposed to be removed, damaged, encroached, or relocated, or within 200 feet of proposed construction, grading, landfill or other activity. Each tree shall be assigned an identification number on the plan, and a corresponding permanent identifying tag shall be affixed to the north side of each tree in the manner prescribed by Section 22.174.070 (Conditions of Approval). These identifications shall be utilized in the Oak Tree Report and for physical identification on the property where required. The protected zone shall be shown for each plotted tree.

c.

Location and size of all proposed replacement trees.

d.

Location of all surface drainage systems.

2.

Oak Tree Report.

a.

An Oak Tree Report certified to be true and correct shall be prepared by an individual with expertise acceptable to the Director and the Fire Department. The Oak Tree Report, as deemed acceptable by the Director and the Fire Department, shall identify each oak tree on the site plan as required by Subsection B.1, above, and shall contain the following information:

i.

The name, address, telephone number, and business hours of the preparer.

ii.

Evaluation of the physical structure of each tree as follows:

(1)

The circumference and diameter of the trunk, measured four and one-half feet above natural grade;

(2)

The diameter of the tree's canopy, plus five feet, establishing the protected zone;

(3)

Aesthetic assessment of the tree, considering factors such as but not limited to symmetry, broken branches, unbalanced crown, excessive horizontal branching; and

(4)

Recommendations to remedy structural problems where required.

iii.

Evaluation of the health of each tree as follows:

(1)

Evidence of disease, such as slime flux, heart rot, crown rot, armillaria root fungus, exfoliation, leaf scorch, and exudations;

(2)

Identification of insect pests, such as galls, twig girdler, borers, termites, pit scale, and plant parasites;

(3)

Evaluation of vigor, such as new tip growth, leaf color, abnormal bark, deadwood, and thinning of crown;

(4)

Health rating based on the archetype tree of the same species; and

(5)

Recommendations to improve tree health, such as insect or disease control, pruning, and fertilization.

iv.

Evaluation of the applicant's proposal as it impacts each tree shown on the site plan, including suggested mitigating and/or future maintenance measures where required and the anticipated effectiveness thereof.

v.

Identification of those trees shown on the site plan which may be classified as heritage oak trees.

vi.

Identification of any oak tree officially identified by a County resource conservation district.

vii.

Any other information required by the Director or the Fire Department.

b.

The requirement for an Oak Tree Report may be waived by the Director where a single tree is proposed for removal in conjunction with the use of a single-family residence listed as a permitted use in the zone, and/or such information is deemed unnecessary for processing the applications.

C.

Review Procedures.

1.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

2.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal).

3.

Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposits).

4.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

5.

Project evaluation and staff report shall be in compliance with Section 22.222.110 (Project Evaluation and Staff Report).

D.

Application Without a Public Hearing.

1.

An application to remove, encroach, or relocate not more than one oak tree in conjunction with a single-family residence permitted in the zone with a Ministerial Site Plan Review (Chapter 22.186), shall be filed and processed in compliance with this Subsection D and this Chapter. An oak tree defined as a Heritage Oak Tree in Chapter 22.14 (Definitions), shall not be eligible for review per this Subsection D, but shall be reviewed in accordance with Subsection E, below.

2.

When making a decision on the application in accordance with Section 22.226.040 (Decision), the Director may apply development standards to ensure compliance with this Chapter, including, but not limited to:

a.

The replacement of the oak tree proposed for removal or relocation in accordance with Section 22.174.070.A; and

b.

A plan for protecting oak trees on the subject property during and after development in accordance with Section 22.174.070.B.

3.

If the Director approves the application, and if the applicant is not the owner, the applicant shall provide an oak tree information manual prepared by and available from the Fire Department to the property owner, subsequent property owner, and any homeowners association.

E.

Application with a Public Hearing. Unless an application is filed pursuant to Subsection D, above, the public hearing shall be held pursuant to Section 22.222.120 (Public Hearing Procedure), provided:

1.

Notice Requirements. Notwithstanding Section 22.222.120.B.2 (Notice of Public Hearing), notification shall be provided as follows:

a.

Multiple Applications. Where an application for a permit or review that requires noticing is concurrently filed with an Oak Tree Permit application, notice of the Oak Tree Permit application shall be included in said notice.

b.

Single Applications. Where an Oak Tree Permit application is filed and Subsection D.1.a, above, does not apply, only the following notification shall be required:

i.

The Director not less than 30 days before the date of public hearing shall cause notice of such filing to be published once in a newspaper of general circulation in the County available in the community in which such application is proposed.

ii.

Such notice shall include the statement: "Notice of Oak Tree Permit Filing." Also included shall be information indicating the location of the subject property (address or vicinity), legal description of the property involved, the applicant's request, and the time and place of the proposed public hearing. The notice shall also provide the address and telephone number of the Department, and state that the Department may be contacted for further information.

2.

Findings and Decision. When making a decision on the application, the Commission or the Hearing Officer shall make findings in Section 22.174.060 (Findings). The decision of the Commission or Hearing Officer after the public hearing shall be made in compliance with Section 22.222.210 (Decision After Public Hearing).

F.

Agency Review. Upon receipt of an application, the Director shall refer a copy of the Oak Tree Report to the Fire Department. Review of the Oak Tree Report by the Fire Department shall comply with Section 22.174.050 (Review of Oak Tree Report by the Fire Department).

(Ord. 2023-0038 § 15, 2023; Ord. 2022-0008 § 107, 2022; Ord. 2019-0004 § 1, 2019.)

A.

The Fire Department shall review the Oak Tree Report for accuracy of statements contained therein and shall make inspections on the project site. Such inspections shall determine the health of all oak trees on the project site and such other factors as may be necessary and proper to complete the review. A copy of the Fire Department's review shall be submitted in writing to the Director within 15 days after its completion. The review shall not be considered complete until the applicant pays to the Fire Department any fees and deposits for oak tree inspections and report reviews as required in Section 328 (Land Development and Environmental Review Fees) of Title 32 of the County Code.

B.

The Fire Department may suggest conditions for use by the Commission, Hearing Officer, or Director pursuant to Section 22.174.070 (Conditions of Approval).

C.

When the Fire Department determines that replacement or relocation on the project site of oak trees proposed for removal is inappropriate, the Fire Department may recommend that the applicant pay into the Oak Forests Special Fund the amount equivalent to the oak resource value of the trees described in the Oak Tree Report. The oak resource value shall be calculated by the applicant and approved by the Fire Department according to the most current edition of the International Society of Arboriculture's "Guide to Establishing Values for Trees and Shrubs."

D.

Funds collected for the Oak Forests Special Fund shall be used for the following purposes only:

1.

Establishing and planting new trees on public lands.

2.

Maintaining existing oak trees on public lands.

3.

Purchasing prime oak woodlands.

4.

Purchasing sensitive oak trees of cultural or historic significance.

E.

Not more than seven percent of the funds collected may be used to study and identify appropriate programs for accomplishing the purposes set forth in Subsection D, above.

(Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.200 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The proposed construction or proposed use will be accomplished without endangering the health of the remaining oak trees subject to Title 22 regulations, if any, on the subject property.

2.

The removal or relocation of the oak trees proposed will not result in soil erosion through the diversion or increased flow of surface waters which cannot be satisfactorily mitigated.

3.

In addition to the above facts, at least one of the following findings apply:

a.

That the removal or relocation of the oak trees proposed is necessary as continued existence at present locations frustrates the planned improvement or proposed use of the subject property to such an extent that:

i.

Alternative development plans cannot achieve the same permitted density or that the cost of such alternative would be prohibitive, or

ii.

Placement of such oak trees precludes the reasonable and efficient use of such property for a use otherwise authorized;

b.

That the oak trees proposed for removal or relocation interferes with utility services or streets and highways, either within or outside of the subject property, and no reasonable alternative to such interference exists other than removal of the trees; or

c.

That the condition of the oak trees proposed for removal with reference to seriously debilitating disease or danger of falling is such that it cannot be remedied through reasonable preservation procedures and practices.

4.

The removal of the oak trees proposed will not be contrary to or be in substantial conflict with the intent and purpose of the Oak Tree Permit procedure.

C.

Relocation of Trees. For purposes of interpreting this Section, it shall be specified that while relocation is not prohibited by this Chapter, it is a voluntary alternative offering sufficient potential danger to the health of an oak tree as to require the same findings as removal.

(Ord. 2022-0008 § 108, 2022; Ord. 2019-0004 § 1, 2019.)

Conditions may be imposed to ensure that the approval will be in accordance with the findings required by Section 22.174.060 (Findings and Decision). Such conditions may involve, but are not limited to, the following:

A.

The replacement of oak trees proposed for removal or relocation with oak trees of a suitable type, size, number, location, and date of planting. In determining whether replacement should be required, the Commission, Hearing Officer, or Director shall consider but is not limited to the following factors:

1.

The vegetative character of the surrounding area.

2.

The number of oak trees subject to this Chapter which are proposed to be removed in relation to the number of such oak trees currently existing on the subject property.

3.

The anticipated effectiveness of the replacement of oak trees, as determined by the Oak Tree Report submitted by the applicant and evaluated by the Fire Department.

4.

The development plans submitted by the applicant for the proposed construction or the proposed use of the subject property.

5.

The relocation of oak trees approved for removal shall not be deemed a mitigating factor in determining the need for replacement oak trees.

6.

Replacement oak trees:

a.

Required replacement oak trees shall consist exclusively of indigenous oak trees and shall be in the ratio of at least two to one. Each replacement oak tree shall be at least a 15-gallon size specimen and measure at least one inch in diameter one foot above the base. The Commission, Hearing Officer, or Director, in lieu of this requirement, may require the substitution of one larger container specimen for each oak tree to be replaced, where, in their opinion, the substitution is feasible and conditions warrant such greater substitution;

b.

Replacement oak trees shall be properly cared for and maintained for a period of two years and replaced by the permittee if mortality occurs within that period;

c.

Where feasible replacement oak trees should consist exclusively of indigenous oak trees and certified as being grown from a seed source collected in Los Angeles or Ventura Counties; and

d.

Replacement oak trees shall be planted and maintained on the subject property and, if feasible, in the same general area where the oak trees were removed. The process of replacement of oak trees shall be supervised in the field by a person who, in the opinion of the Fire Department, has expertise in the planting, care, and maintenance of oak trees.

B.

A plan for protecting oak trees on the subject property during and after development, such as, but not limited to, the following requirements:

1.

The installation of chain link fencing not less than four feet in height around the protected zone of oak trees shown on the site plan. Said fencing shall be in place and inspected by the Fire Department prior to commencement of any activity on the subject property. Said fencing shall remain in place throughout the entire period of development and shall not be removed without written authorization from the Fire Department.

2.

Where grading or any other similar activity is specifically approved within the protected zone, the applicant shall provide an individual with special expertise acceptable to the Director to supervise all excavation or grading proposed within the protected zones and to further supervise, monitor and certify to the Fire Department the implementation of all conditions imposed in connection with the applicant's Oak Tree Permit.

3.

Any excavation or grading allowed within the protected zone or within 15 feet of the trunk of an oak tree, whichever distance is greater, be limited to hand tools or small hand-power equipment.

4.

Oak trees on other portions of the subject property not included within the site plan also be protected with chain link fencing thus restricting storage, machinery storage, or access during construction.

5.

The oak trees on the site plan be physically identified by number on a tag affixed to the north side of the tree in a manner preserving the health and viability of the tree. The tag shall be composed of a noncorrosive all-weather material and shall be permanently affixed to the tree. The oak tree shall be similarly designated on the site plan in a manner acceptable to the Director.

6.

Corrective measures for oak trees noted on the Oak Tree Report as requiring remedial action be taken, including pest control, pruning, fertilizing, and similar actions.

7.

To the extent feasible as determined by the Director, utility trenching shall avoid encroaching into the protected zone on its path to and from any structure.

8.

At the start of grading operations and throughout the entire period of development, no person shall perform any work for which an Oak Tree Permit is required unless a copy of the Oak Tree Report, location map, fencing plans, and approved Oak Tree Permit and conditions are in the possession of a responsible person and also available at the site.

C.

The applicant shall provide an oak tree information manual prepared by and available from the Fire Department to the property owner, subsequent property owner, and any homeowners association.

(Ord. 2019-0004 § 1, 2019.)

The Director shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action).

(Ord. 2019-0004 § 1, 2019.)

A.

The effective date of decision and appeals shall be in compliance with Section 22.222.230 (Effective Date of Decision and Appeals).

B.

Notwithstanding Section 22.222.230 (Effective Date of Decisions and Appeals), the decision of the Hearing Officer or Director shall become final and effective unless an appeal is timely filed pursuant to Chapter 22.240 (Appeals).

C.

The decision of the Commission on an application or on an appeal shall be final and effective on the date of decision. Appeal of an Oak Tree Permit application to the Board is only allowed where an Oak Tree Permit is concurrently considered with a permit, variance, zone change, or tentative map for a subdivision, including a minor land division, and such Oak Tree Permit shall be appealable only as a part of an appeal on the concurrent entitlement. Said appeal must be made within the applicable time period and shall be subject to the applicable procedures established for appealing the concurrent entitlement.

(Ord. 2019-0004 § 1, 2019.)

A.

Documentation, scope of approval, and Exhibit "A" shall be in compliance with Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A).

B.

Use of property before final action shall be in compliance with Section 22.222.250 (Use of Property Before Final Action).

C.

Performance guarantee and covenant shall be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

D.

Expiration date and extension for unused permits and reviews shall be in compliance with Section 22.222.270 (Expiration Date and Extension for Unused Permits and Reviews).

E.

Cessation of use shall be in compliance with Section 22.222.280 (Cessation of Use).

(Ord. 2019-0004 § 1, 2019.)

In interpreting Chapter 22.242 (Enforcement Provisions) as they apply to this Chapter, each individual tree cut, destroyed, removed, relocated, or damaged in violation of these provisions shall be deemed a separate offense.

(Ord. 2019-0004 § 1, 2019.)

A.

A Minor Parking Deviation application may be filed for a reduction of less than 30 percent in the number of parking spaces required by this Title 22 or, in the case of an eating establishment selling food for off-site consumption, not less than one parking space for each 250 square feet is proposed in accordance with "Entertainment, assembly, and dining" uses pursuant to Chapter 22.112 (Parking).

B.

When applicable, the review of this application shall take into consideration that a project will provide well-designed bicycle parking spaces in excess of the bicycle parking spaces otherwise required under Section 22.112.100 (Bicycle Parking Spaces and Related Facilities), or in excess of the total number of bicycle parking spaces provided by a qualifying project under Section 22.112.110 (Reduction in Required Parking Spaces when Bicycle Parking Provided).

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Minor Parking Deviation Checklist.

B.

Review Procedures.

1.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

2.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal).

3.

Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposits).

4.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

5.

Prior to taking action, the Director shall provide notice of application in compliance with:

a.

Section 22.222.170 (Sign Posting); and

b.

Section 22.222.130 (Notice of Application), except where modified:

i.

Notice Content. The notice shall also indicate that any individual may oppose the granting of the application by a written protest to the Director.

ii.

Comment Period. The Director shall allow a minimum comment period of 15 days after the notice has been mailed. The end of the comment period shall be stated on the notice.

c.

Notice shall be mailed in compliance with Section 22.222.160.A (Notification Radius).

(Ord. 2022-0008 § 109, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.120 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The use, development of land, and application of development standards comply with all applicable provisions of this Title 22.

2.

The use, development of land, and application of development standards, when considered on the basis of the suitability of the site for the particular use or development intended, are so arranged as to:

a.

Avoid traffic congestion;

b.

Provide for the safety and convenience of bicyclists and pedestrians, including children, senior citizens, and persons with disabilities;

c.

Insure the protection of public health, safety, and general welfare;

d.

Prevent adverse effects on neighboring property; and

e.

Be in conformity with good zoning practice.

3.

The use, development of land, and application of development standards are suitable from the standpoint of functional developmental design.

C.

Additional Findings.

1.

If applicable, the use and development of land provides well-designed bicycle parking spaces in excess of the bicycle parking spaces otherwise required under Section 22.112.100 (Bicycle Parking Spaces and Bicycle Facilities), or in excess of the total number of bicycle parking spaces provided by a qualifying project under Section 22.112.110 (Reduction in Required Parking Spaces when Bicycle Parking Provided).

(Ord. 2022-0008 § 110, 2022; Ord. 2019-0004 § 1, 2019.)

The Director shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action).

(Ord. 2019-0004 § 1, 2019.)

A.

The effective date of decision and appeals shall be in compliance with Section 22.222.230 (Effective Date of Decision and Appeals).

B.

Notwithstanding Section 22.222.230 (Effective Date of Decisions and Appeals), the decision of the Director shall become final unless an appeal is timely filed pursuant to Chapter 22.240 (Appeals).

C.

The decision of the Commission on an appeal shall be final and effective on the date of decision.

(Ord. 2019-0004 § 1, 2019.)

A.

Documentation, scope of approval, and Exhibit "A" shall be in compliance with Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A").

B.

Use of property before final action shall be in compliance with Section 22.222.250 (Use of Property Before Final Action).

C.

Performance guarantee and covenant shall be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

D.

Expiration date and extension for unused permits and reviews shall be in compliance with Section 22.222.270 (Expiration Date and Extension for Unused Permits and Reviews).

E.

Cessation of use shall be in compliance with Section 22.222.280 (Cessation of Use).

(Ord. 2019-0004 § 1, 2019.)

A.

The Parking Permit is established to provide an alternative to the parking requirements of Chapter 22.112 (Parking) in the event that a particular use does not have the need for such requirements.

B.

It is the intent to provide more flexibility in the design of particular uses that have special characteristics by reducing the number of parking spaces otherwise required for such uses including:

1.

Certain uses where parking requirements are based upon floor area of a structure, but bear no relationship to the number of employees, customers, etc., on the premises or the trade conducted.

2.

Businesses which provide their employees, customers, or others with positive incentives to use means of transportation other than the automobile.

C.

It is the intent to conserve land and promote efficient land use by allowing:

1.

The dual or shared use of parking facilities by two or more uses.

2.

Tandem parking for nonresidential uses.

3.

Designated spaces for car share or other mobility services, such as bicycle or scooter share.

D.

It is the intent to provide greater flexibility and opportunity to meet the parking requirements by allowing:

1.

Off-site parking facilities.

2.

The short-term or long-term leasing of required parking spaces.

3.

Transitional parking for lots with rear lot lines abutting Commercial or Industrial Zones.

(Ord. 2024-0036 § 15, 2024; Ord. 2019-0053 § 27, 2019; Ord. 2019-0004 § 1, 2019.)

(Reserved)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Parking Permit Checklist.

B.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

Unless specifically modified by a Parking Permit, all regulations prescribed in Chapter 22.112 (Parking) shall apply.

(Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.200 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

There is no need for the number of vehicle parking spaces required by Chapter 22.112 (Parking) because of any of the following:

a.

The nature of the use is such that there is a reduced occupancy;

b.

The business or use has established a viable transportation program for its employees or customers to use transportation modes other than the single-occupant automobile. Such a program shall include positive incentives, such as van pools, transit fare subsidies, commuter travel allowances, car pools, or bicycle commuter facilities. Where appropriate, proximity to freeways with high-occupancy vehicle (HOV) lanes, bus routes, park-and-ride facilities, people-movers, rapid transit stations, bikeways, or other similar facilities shall be a factor in this consideration;

c.

Sufficient land area is reserved or an alternative arrangement is approved to ensure that the parking requirements may be complied with should the use, occupancy, or transportation program change. If land area is reserved, the reserved land area shall be so located and developed in such a manner that it can be feasibly converted to parking, if needed; or

d.

The reduction in the number of vehicle parking spaces will be offset by the provision of bicycle parking spaces, at a minimum ratio of two bicycle spaces for every one vehicle parking space above the minimum number of bicycle parking spaces otherwise required under Section 22.112.100 (Bicycle Parking Spaces and Related Facilities).

2.

There are no conflicts arising from special parking arrangements allowing shared vehicle parking facilities, tandem spaces, or vehicle share spaces because:

a.

Uses sharing parking facilities operate at different times of the day or days of the week;

b.

Parking facilities using tandem spaces will employ valets or will utilize other means to ensure a workable plan; or

c.

Parking facilities, including car share or other vehicle share spaces, will maintain an arrangement with a service provider offering rental vehicles accessible to the public.

3.

Off-site facilities, leases of less than 20 years, rear lot transitional parking lots, and uncovered residential vehicle parking spaces will provide the required parking for uses because:

a.

Such off-site facilities are controlled through ownership, leasing, or other arrangement by the owner of the use for which the site serves and are conveniently accessible to the main use;

b.

Such leases are written in such a way as to prevent multiple leasing of the same spaces or cancellation without providing alternate spaces; such leases shall contain other guarantees assuring continued availability of the spaces; or

c.

Such transitional lots are designed to minimize adverse effects on surrounding properties.

4.

The requested Parking Permit at the location proposed will not result in traffic congestion, excessive off-site parking, or unauthorized use of parking facilities developed to serve surrounding property.

5.

The proposed site is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, landscaping, and other development features prescribed in this Title 22.

(Ord. 2024-0036 § 16, 2024; Ord. 2019-0053 § 28, 2019; Ord. 2019-0004 § 1, 2019.)

Conditions may be imposed in order to ensure that the approval will be in accordance with the findings required by Section 22.178.050 (Findings and Decision). Such conditions may include those in Section 22.158.060 (Conditions of Approval) and, in addition, the following conditions shall be imposed for vehicle parking, where applicable, unless specifically waived or modified:

A.

Where reduced occupancy is a primary consideration in the approval of a Parking Permit, the maximum occupant load for such use shall be established.

B.

Where special programs are proposed to reduce the parking requirement, they shall be reviewed annually to determine their effectiveness. In the event that such programs are terminated or unsuccessful, the property owner shall supply the required parking.

C.

The required vehicle parking spaces for all uses may be reduced to not less than 50 percent of the parking spaces required by Chapter 22.112 (Parking).

D.

Where land is required to be reserved to ensure that sufficient area is available to meet the vehicle parking requirements, restrictions shall be imposed on such land so that it can feasibly be converted to parking, if needed.

E.

Where shared parking facilities are approved, operating conditions, such as hours or days of operation, shall be established for each use sharing the facility.

F.

Where tandem parking is proposed for nonresidential uses, there shall be valets or other persons employed to assist in the parking of automobiles. The ratio of valets to parking spaces shall be established. The parking of automobiles by valets on public streets shall be prohibited. Each tandem parking space shall be eight feet wide; the length of the space shall be 18 feet for each automobile parked in tandem. Parking bays shall contain only two parking spaces where access is available from only one end. Bays of four parking spaces may be permitted where access is available from both ends.

G.

Where car share or other vehicle share spaces are proposed, there shall be an arrangement with a service provider demonstrating how the rental vehicles will be accessible to the public.

H.

If off-site parking facilities are proposed for nonresidential development, such facilities must be within 400 feet from any entrance of the use to which they are accessory. Parking for employees shall be located within 1,320 feet from the entrance to such use. Directions to such facilities shall be clearly posted at the principal use.

I.

Where leasing of parking facilities is proposed for any period less than 20 years, the applicant shall guarantee that the leased spaces are available for his sole use, the lease shall be recorded with the Registrar-Recorder/County Clerk, and the applicant shall demonstrate that he has the ability to provide the required number of spaces should the lease be cancelled or terminated. Except for the term of the lease, the provisions of Subsection B (Alternative Compliance) of Section 22.112.050 relating to leases shall apply. A copy of such lease shall be submitted to the Director and County Counsel for review and approval. Other conditions including, but not limited to, requiring title reports, covenants, and bonding may also be imposed where necessary to ensure the continued availability of leased parking spaces.

J.

Where transitional parking is proposed for lots whose rear lot line adjoins or is separated only by an alley from a Commercial or Industrial Zone, no access is permitted from the parking facility to the street on which the lot fronts. The parking facility shall be developed in accordance with the standards of Chapter 22.112 (Parking) and Section 22.140.440 (Parking as a Transitional Use), unless specifically waived or modified by the Parking Permit. The hours and days of operation shall be established to prevent conflicts with adjoining less restrictive uses, and the facility shall be secured to prevent unauthorized use during times when the facility is closed.

K.

In the event that any applicant or property owner is unable to comply with the provisions of the Parking Permit, the use for which permit has been granted shall be terminated, reduced, or removed, unless some other alternative method to provide the required parking is approved by the Director.

L.

The Parking Permit shall be granted for a specified term where deemed appropriate.

(Ord. 2024-0036 § 17, 2024; Ord. 2019-0053 § 29, 2019; Ord. 2019-0004 § 1, 2019.)

An approved Parking Permit shall terminate and cease to be in effect at the same time the principal use or occupancy for which such permit is granted terminates.

(Ord. 2019-0004 § 1, 2019.)

A.

In addition to the covenant required by Chapter 22.222.260 (Performance Guarantee and Covenant), the covenant shall include that should such Parking Permit terminate, the owner or his successor in interest will develop the parking spaces needed to bring the new use or occupancy into conformance with the requirements of Chapter 22.112 (Parking) at the time such new use or occupancy is established.

B.

Where a Parking Permit is approved for off-site parking, the agreement shall be recorded on both the lot containing the principal use as well as the lot developed for off-site parking.

C.

All agreements shall be reviewed and approved by the Director and County Counsel prior to recordation.

(Ord. 2019-0004 § 1, 2019.)

A Plan Amendment may be initiated to amend the General Plan, which identifies the goals, policies, and implementing actions regarding long-term development in the County. The General Plan is based on an understanding of existing and projected conditions and needs, all of which are subject to change. The Plan Amendment process established by State law and this Chapter therefore enables the General Plan map designations and/or written policy statements to be amended. All such Plan Amendments shall be made pursuant to the provisions of this Title 22, in addition to Section 65350 et seq. of Title 7 (Planning and Land Use) of the California Government Code.

(Ord. 2019-0004 § 1, 2019.)

A.

Initiation. Initiation of a Plan Amendment shall be in compliance with Section 22.222.120.A (Initiation and Scheduling).

B.

Additional Area Included When. Where a petition is filed requesting a Plan Amendment, the Commission or Director may elect to include additional property within the boundaries of the area to be studied when, in their opinion, good zoning practice justifies such action.

C.

General Plan. Each mandatory element of the General Plan may be amended up to four times in a single calendar year in compliance with Section 65358 of the California Government Code.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Plan Amendment Checklist.

B.

Type IV Review. The application shall be filed and processed in compliance with Chapter 22.232 (Type IV Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

A.

Findings and decision shall be made in compliance with Section 22.232.040.A.2 (Findings) and include the findings in Subsection B, below.

B.

The Commission may recommend approval of an application to the Board if the following findings are made:

1.

The amendment is consistent with the adjacent area, if applicable.

2.

The amendment is consistent with the principles of the General Plan.

3.

Approval of the amendment will be in the interest of public health, safety, and general welfare.

4.

The amendment is consistent with other applicable provisions of this Title 22.

(Ord. 2022-0008 § 111, 2022; Ord. 2019-0004 § 1, 2019.)

This Chapter implements part of the County's Housing Element in its General Plan and provides a procedure for individuals with disabilities to request Reasonable Accommodations, consistent with the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, as those Acts are amended from time to time. The sole intent of this Chapter is to ensure that individuals with disabilities have an equal opportunity to use and enjoy housing by allowing an accommodation or accommodations with respect to certain County regulations, policies, procedures, and standards if said accommodation or accommodations are both reasonable and necessary to provide such equal opportunity without compromising the County's commitment to protecting community character and environmental quality.

(Ord. 2019-0004 § 1, 2019.)

Terms used in this Chapter are defined in Section 22.14.180 of Division 2 (Definitions) under "Requests for Reasonable Accommodations."

(Ord. 2019-0004 § 1, 2019.)

A.

This Chapter shall apply to all requirements of this Title 22 as well as all other regulations, policies, procedures, and standards regulated by the Department.

B.

Any individual with a disability, someone acting on their behalf, or a provider or developer of housing for individuals with disabilities, desiring to obtain a Reasonable Accommodation in accordance with this Chapter shall file an application with the Director.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Request for Reasonable Accommodations Checklist.

B.

Additional Application Materials. In addition to Subsection A, above, the Director may request additional information as the Director deems reasonably necessary where such request is consistent with the above-identified state and federal acts and the privacy rights of the individual with a disability.

C.

Application and Review Procedures.

1.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

2.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal).

3.

An applicant requesting a Reasonable Accommodation shall not be required to pay the County Environmental Assessment fee if the project that is the subject of said request qualifies for either a categorical exemption or statutory exemption under CEQA.

4.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

(Ord. 2019-0004 § 1, 2019.)

A.

Required Findings of the Director.

1.

Where an application for a Request for a Reasonable Accommodation is sought in connection with a residential use for which no concurrent application for entitlement under Title 21 (Subdivision) or this Title 22 is required, the Director shall grant the request based upon the following findings:

a.

The requested accommodation is intended to be used by an individual with a disability who resides or will reside on the property;

b.

The requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy a residential use;

c.

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

d.

The requested accommodation will not require a fundamental alteration in the nature of the land use and zoning programs of the County.

2.

The Director shall deny the application for a Request for a Reasonable Accommodation where the findings set forth in Subsection A.1, above, cannot be substantiated, and shall make written findings to that effect.

3.

Any Reasonable Accommodation approval shall include the requirement that such accommodation be removed when it is no longer necessary for the original purpose granted unless in the reasonable discretion of the Director it is so physically integrated into the property or the improvements thereon that the cost or effort to remove it would create an unreasonable hardship.

B.

Commission or Hearing Officer Review Where Concurrent. When an application for a Request for Reasonable Accommodation is filed in conjunction with an application for a permit, variance, or any other discretionary land use entitlement as provided by Title 21 (Subdivisions) or this Title 22, the Commission or Hearing Officer shall grant or deny the application for a Request for a Reasonable Accommodation concurrently with the decision rendered for such permit, variance, or other discretionary land use entitlement, and shall make findings addressing the criteria set forth in Subsection A, above.

C.

Notice of Action.

1.

The Commission, Hearing Officer, or Director, as applicable, shall notify the applicant by mail of the action taken on an application for Reasonable Accommodation. Said notice shall include the required findings.

a.

Notice of action on applications considered by the Director pursuant to Subsection A, above, shall be issued within 30 days of the date of the application, or within an extended period as mutually agreed upon, in writing, by the applicant and the Director. In addition to the applicant, a copy of the notice of action by the Director shall be provided by mail to the property owner, owners of all property abutting the exterior boundaries of the subject property in each direction, and owners of the closest inhabited property to the subject property if the abutting property in such direction is uninhabited.

b.

Notice of action on applications considered by the Commission or Hearing Officer in conjunction with another land use entitlement application pursuant to Subsection B, above, shall be provided along with the decision for such other entitlement in accordance with the requirements for such other entitlement. In addition to any other persons required to receive notice of an action on the related entitlement application, a copy of the notice of action shall also be provided by mail to the property owner, owners of all property abutting the subject property, and owners of the closest inhabited property to the subject property in each direction if the abutting property in such direction is uninhabited.

2.

The notice of action shall include notice of the right to appeal, as set forth in Section 22.182.080 (Appeals).

(Ord. 2019-0004 § 1, 2019.)

A.

Recorded Agreement.

1.

The Commission, Hearing Officer, or Director may require the applicant to record, with the Registrar-Recorder/County Clerk, an agreement that the Reasonable Accommodation granted will be maintained in accordance with the terms of the Reasonable Accommodation and this Chapter as a covenant running with the land for the benefit of the County in those instances described in Subsection A.2, below. The recorded agreement shall also provide that any violation thereof shall be subject to the enforcement procedures of Chapter 22.242 (Enforcement Procedures). The recorded agreement shall also be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

2.

The Commission, Hearing Officer, or Director may require the recorded agreement described in Subsection A.1, above, if:

a.

The accommodation is physically integrated on the property and cannot feasibly be removed or altered, and the structure would otherwise be subject to Chapter 22.236 (Modification or Elimination of Conditional Use Permit Conditions); or

b.

The accommodation is temporary and required to be discontinued if no longer maintained in compliance with this Chapter.

3.

The Commission, Hearing Officer, or Director may authorize termination of the agreement to maintain the Reasonable Accommodation described in Subsection A.1, above, after making written findings that the lot is in compliance with all applicable land use and zoning regulations.

4.

The property owner is required to record the termination or release of any agreement provided by this Subsection A.

(Ord. 2019-0004 § 1, 2019.)

The Director's determination on a Request for a Reasonable Accommodation becomes effective on the 30th day following the Director's mailing of the notice of action. The decision by the Commission or Hearing Officer made in conjunction with another land use entitlements application becomes final on the latest date such related entitlements becomes effective.

(Ord. 2019-0004 § 1, 2019.)

A.

An appeal regarding a decision to grant or deny an application for a Request for Reasonable Accommodation shall be made in writing, pursuant to the procedures established in Chapter 22.240 (Appeals).

B.

All decisions on an appeal shall address and be based upon the same findings required by Section 22.182.050.A (Required Findings of the Director).

C.

Decisions on an appeal of a decision made by the Director shall be effective on the date of decision and no further administrative appeals may be heard.

D.

Decisions on an appeal of a decision made by the Commission or Hearing Officer made in conjunction with other land use entitlements as set forth in Section 22.182.050.B (Commission or Hearing Officer Review Where Concurrent) shall be effective on the same date as is provided for an appeal of the related land use entitlement and any further rights of appeal will be the same as is provided for an appeal of the related land use entitlement.

(Ord. 2019-0004 § 1, 2019.)

A.

A Reasonable Accommodation which is not used within the time specified in the notice of action or, if no time is specified, within two years after the date of grant of the Reasonable Accommodation, shall expire and be of no further effect, except that:

1.

In cases in which the Director granted the original Reasonable Accommodation, the Director may extend the time to use it for a period not to exceed one year, provided an application requesting such extension is filed prior to its expiration date; and

2.

In the case of a Reasonable Accommodation granted concurrently and in conjunction with another land use entitlement, the Commission or Hearing Officer may extend the time to use it to correspond with any extensions granted for the use of such related entitlements.

B.

A Reasonable Accommodation shall be considered used within the intent of this Section, when construction, development, or use authorized by such Reasonable Accommodation, that would otherwise have been prohibited in the absence of an accommodation being granted, has commenced.

C.

A Reasonable Accommodation shall automatically cease to be of any further force and effect if the use for which such accommodation was granted has ceased or has been suspended for a consecutive period of two or more years and may be required to be physically removed in accordance with Section 22.182.050.A.3.

(Ord. 2019-0004 § 1, 2019.)

A.

Documentation, scope of approval, and Exhibit "A" shall be in compliance with Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A").

B.

Use of property before final action shall be in compliance with Section 22.222.250 (Use of Property Before Final Action).

C.

Performance guarantee and covenant shall be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

(Ord. 2019-0004 § 1, 2019.)

The Revised Exhibit "A" provides a process to authorize limited modification to the plans (exhibits) of an approved discretionary permit or review that remain in substantial conformance with the conditions of approval.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Revised Exhibit "A" Checklist.

B.

Type I Review. The application shall be filed and processed in compliance with Chapter 22.226 (Type I Review—Ministerial) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

A.

Criteria for Modification.

1.

The Director may approve modifications to an Exhibit "A" for an approved discretionary permit or review, provided that the modifications comply with the following:

a.

Are consistent with the scope of the project and the findings made in the original approval.

b.

Comply with all existing conditions of approval.

c.

Maintain the required number of vehicle parking spaces.

d.

Comply with standards and regulations of the zone, unless specifically modified by the conditions of approval.

2.

Modifications not in conformance with Subsection A.1, above, shall require an application for a Modification or Elimination of Conditional Use Permit Conditions (Chapter 22.236), where applicable, or shall require an application for a new permit or review.

B.

Documentation. In addition to Section 22.226.060 (Documentation), approved modifications to an exhibit shall be marked "Revised Exhibit A" and the date of approval.

(Ord. 2019-0004 § 1, 2019.)

A.

Zones. This Chapter authorizes uses identified by this Title 22 as subject to the approval of a Ministerial Site Plan Review.

B.

Amendments to a Ministerial Site Plan Review. Amendments to a Ministerial Site Plan Review shall comply with this Chapter.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Ministerial Site Plan Review Checklist.

B.

Type I Review. The application shall be filed and processed in compliance with Chapter 22.226 (Type I Review—Ministerial) and this Chapter.

C.

Projects subject to Section 22.140.180 (Domestic Violence Shelters, Emergency Shelters, and Accessory Emergency Shelters).

1.

The applicant shall be notified within 30 days of receipt of the application if the application is incomplete.

2.

A decision shall be made within 60 days after the application is deemed complete.

(Ord. 2021-0017 § 32, 2021; Ord. 2019-0004 § 1, 2019.)

The Special Events Permit is established to regulate short-term and extended-term special events. Special events are uses, activities, or events that are temporary and that may not otherwise be allowed in the applicable zone, but may be permitted because of their limited or temporary nature, provided that such special events are evaluated for compatibility with surrounding land uses and any adverse effects or incompatibilities are avoided or adequately mitigated.

(Ord. 2019-0004 § 1, 2019.)

A.

Short-Term Special Events. A Short-Term Special Events Permit may approve the following special events:

1.

Short-term events sponsored by a public agency or a religious, fraternal, educational, or service organization directly engaged in civic, charitable, or public service endeavors, conducted for no more than six weekends or seven consecutive days during any 12-month period and limited to:

a.

Carnivals.

b.

Exhibitions.

c.

Fairs.

d.

Short-term farmers' markets not otherwise governed by Division 3 (Zones) or 4 (Combining Zones and Supplemental Districts) in this Title 22.

e.

Festivals, excluding outdoor festivals.

f.

Pageants and religious observances, excluding tent revival meetings.

2.

In a Commercial or Industrial Zone:

a.

Limited-term pop-up restaurants and other eating establishments, including accessory alcoholic beverage sales for on-site and off-site consumption, and conducted for no more than six weekends or seven consecutive days during any 12-month period; and

b.

Limited-term pop-up retail/commercial uses listed in Table 22.20.030-B (Land Use Regulations for Commercial Zones) and Table 22.22.030-B (Land Use Regulations for Industrial Zones), including accessory alcoholic beverage sales for on-site and off-site consumption, with the exception of adult businesses, and conducted for no more than six weekends or seven consecutive days during any 12-month period.

3.

Outdoor display of goods, equipment, merchandise, or exhibits in a Commercial Zone, not conducted more than once during any 30-day period nor more than four times during any 12-month period, with each occurrence not to exceed one weekend or three consecutive days, provided that:

a.

All goods, equipment, and merchandise shall be the same as those sold or held for sale within the business on the lot where the outdoor display is proposed;

b.

Not more than 20 percent of the area designated for parking required by Chapter 22.112 (Parking) for the established business shall be used in connection with the outdoor display;

c.

A temporary banner may be permitted for the duration granted in the permit at any location on the subject property, but in no event shall the banner exceed 40 square feet of total sign area; and

d.

This Chapter shall not permit the outdoor storage of goods, equipment, merchandise, or exhibits, except as otherwise may be provided by this Title 22.

B.

Extended-Term Special Events Permitted. An Extended-Term Special Events Permit may approve any special event for an extended period of time, as determined appropriate by the Director, except that outdoor display of goods, equipment, merchandise, or exhibits shall not be permitted.

C.

Certain Uses on County Property—Board Authority. Certain uses on County property are permitted in accordance with Section 22.188.090 (Certain Uses on County Property).

D.

Movie On-Location Filming. Movie on-location filming for a period of time to be determined by the Director shall be reviewed in accordance with Section 22.188.100 (Movie On-Location Filming).

(Ord. 2022-0008 § 112, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Special Events Permit Checklist.

B.

Review Procedures.

1.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

2.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal), except that the time period specified in Section 22.222.070.C shall be reduced from one year to six months.

3.

Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposits).

4.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

C.

Extended-Term Special Events Permit. Prior to taking action, the Director shall provide notice of application in compliance with Section 22.222.130 (Notice of Application), except where modified below:

1.

Notice Content. The notice shall also indicate that any individual may oppose the granting of the application by a written protest to the Director.

2.

Comment Period. The Director shall allow a minimum comment period of 15 days after the notice has been mailed. The end of the comment period shall be stated on the notice.

3.

Notification Radius. Notice shall be mailed in compliance with Section 22.222.160.A.

(Ord. 2022-0008 § 113, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Short-Term Special Events Permit.

1.

When making a decision on the application, the Director may apply performance standards to ensure compliance with this Title 22 and all other applicable federal, State, or local codes, laws, rules, regulations, and statutes, including those of the California Department of Alcoholic Beverage Control, including, but not limited to:

a.

Adequate parking facilities shall be provided for the proposed event to prevent excessive traffic or queuing on public streets. All parking areas shall be maintained open and accessible during the hours of the event.

b.

Event grounds shall be maintained free of any trash debris, garbage, and junk and salvage. An adequate number of trash containers shall be provided for the proposed event.

c.

Setup, breakdown, or cleanup for the event shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m., and shall be limited to three to five days in addition to the days approved for operation of the event.

d.

The subject property shall be restored to its original condition, and any temporary awnings and structures shall be removed within 24 hours of the event.

e.

Unless authorized by the Special Event Permit, no activities shall be conducted on the street or adjacent lots.

f.

Any amplifying speakers for a public announcement system shall be directed away from residential areas.

g.

A temporary banner no greater than 40 square feet may be permitted on site for the duration of the event.

h.

No event structures or activities shall be permitted within the protected zone of an oak tree on or adjacent to the property being used for the event, unless an Oak Tree Permit (Chapter 22.174) application has been approved.

2.

The Director may deny the application if the applicant was previously granted a Special Events Permit and did not conduct the event in compliance with this Chapter, or otherwise has a history of non-compliance with this Title 22, or other applicable federal, State, or local codes, laws, rules, regulations, and statutes, including those of the California Department of Alcoholic Beverage Control.

3.

If the Director approves the application, at least one or more inspections shall be conducted during the event at the discretion of the Director to determine the permittee's compliance with this Chapter. The permittee shall deposit with the County a sum determined by the Director, which shall be placed in a performance fund and be used exclusively to reimburse the Department for all expenses incurred while inspecting the event to determine the permittee's compliance.

B.

Extended-Term Special Events Permit.

1.

Common Procedures. Decisions shall be made in compliance with Section 22.222.200 (Findings and Decision) and Subsection B.2, below, and include the findings in Subsection C, below.

2.

Additional Procedures for Decision.

a.

In addition to Subsection B.1, above, the Director shall deny an application when any written protest submitted within 15 days of the date noted on the notice and determined by the Director to be of general community interest and cannot be adequately mitigated through the imposition of conditions.

b.

In all cases where a written protest has been received and the Director determines that the concerns raised are of general community interest, the applicant shall be notified in writing. Such notification will also inform the applicant that within 30 days after receipt of such notice he may request a public hearing before the Hearing Officer by filing any additional information that the Director may require and by paying an additional fee, the amount of which shall be stated in the notice. At the expiration of the 30-day period:

i.

The Director shall deny an application where the applicant has not requested a public hearing; or

ii.

A public hearing shall be scheduled before the Hearing Officer. All procedures related to notification, publication, and conducting the public hearing shall be the same as for a Conditional Use Permit. Following a public hearing, the Hearing Officer shall approve, conditionally, approve, or deny the proposed application, based on the findings required by Subsection C, below, and all other applicable requirements of this Chapter.

C.

Findings.

1.

Adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations acceptable to the Director in any case where such special event is proposed for a period longer than one weekend or three consecutive days.

2.

The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

3.

The proposed site is adequate in size and shape to accommodate such special event without material detriment to the use, enjoyment, or valuation of the property of other persons located in the vicinity of the site.

4.

The proposed site is adequately served by bicycle facilities and/or streets or highways having sufficient width and improvements to accommodate the kind and quantity of vehicle and bicycle traffic that such special event will or could reasonably generate.

(Ord. 2022-0008 § 114, 2022; Ord. 2019-0004 § 1, 2019.)

The Director shall issue and mail a notice of action in compliance with Section 22.222.220 (Notice of Action).

(Ord. 2019-0004 § 1, 2019.)

A.

The effective date of decision and appeals shall be in compliance with Section 22.222.230 (Effective Date of Decision and Appeals).

B.

Notwithstanding Subsection A, above, the decision of the Hearing Officer or Director shall become final unless an appeal is timely filed pursuant to Chapter 22.240 (Appeals).

C.

Notwithstanding Chapter 22.240 (Appeals), the decision of the Commission on an appeal shall be final and effective on the date of decision.

(Ord. 2019-0004 § 1, 2019.)

A.

Documentation, scope of approval, and Exhibit "A" shall be in compliance with Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A").

B.

Use of property before final action shall be in compliance with Section 22.222.250 (Use of Property Before Final Action).

C.

Performance guarantee and covenant shall be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

D.

Expiration date and extension for unused permits and reviews shall be in compliance with Section 22.222.270 (Expiration Date and Extension for Unused Permits and Reviews).

E.

Cessation of use shall be in compliance with Section 22.222.280 (Cessation of Use).

(Ord. 2019-0004 § 1, 2019.)

A.

The Director may impose conditions to ensure that the Special Events Permit will be in accordance with the findings required by the application. Such conditions may involve any pertinent factors that could affect the operation of such special event, including, but not limited to:

1.

Requirement of adequate temporary parking facilities including vehicular access and egress.

2.

Requirement of adequate temporary parking facilities, including vehicular access and egress, when a special event is proposed for a period longer than one weekend or three consecutive days, either on-site or at alternate locations for both the special event and related permanent uses, provided, that such temporary usage is specifically recognized in the permit, subject to this Subsection A.2:

a.

Joint usage of required parking facilities established to serve a permanent use, provided the owner or occupant of the permanent use or their authorized legal representative submits written consent, and it is determined by the Director that such joint utilization will not have a substantially detrimental effect on the surrounding area;

b.

Temporary occupation by a temporary use of a portion of parking facilities or structures established to serve a permanent use provided the owner or occupant of such use or their authorized legal representative submits written consent, and evidence submitted by the applicant shows that such joint utilization will not have a substantially detrimental effect on the surrounding area; and

c.

The temporary reduction in required parking for such permanent use shall not be construed to require a Variance (Chapter 22.194) application with respect to parking requirements of this Title 22.

3.

Regulation of temporary buildings, structures, and facilities; including:

a.

Placement, height, and size limitations on commercial rides or other equipment permitted;

b.

Location of open spaces including buffer areas and other yards; and

c.

Signs.

4.

Requirement of a performance bond or other surety device to assure that any temporary facilities or structures used for such proposed special event use will be removed from the site within one week following such event and the property restored to a neat condition. The Director may designate a different time period and/or require cleanup of additional surrounding property.

5.

Regulation of nuisance factors such as but not limited to prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, garbage, and heat.

6.

Regulation of operating hours and days including limitation of the duration of such special event to a shorter or longer time period than the maximum period requested.

7.

Requirement that the approval of the requested special event shall comply with all other applicable federal, State and local laws.

8.

Such other conditions as will make possible the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this Title 22.

B.

In addition to such other conditions as the Director may impose, it shall also be deemed a condition of every Special Event Permit, whether such condition is set forth in the Special Event Permit or not, that such approval shall not authorize the construction, establishment, alteration, moving onto or enlargement of any permanent building, structure, or facility.

(Ord. 2022-0008 § 115, 2022; Ord. 2019-0004 § 1, 2019.)

Where the following special events are proposed on property owned by or held under the control of the County, the department, district, or agency with delegated authority to administer such activity by the Board may assume jurisdiction and approve such special events subject to limitations and conditions as are deemed appropriate by said department, district, or agency:

A.

Carnivals, exhibitions, fairs, festivals, pageants, and religious observances.

B.

Farmers' markets.

C.

On-location filming.

(Ord. 2019-0004 § 1, 2019.)

A.

Notwithstanding the other provisions of this Chapter, applications for on-location filming permits shall be filed with the filming permit coordination office which shall approve such application for a time period not to exceed the time period specified in this Title 22 where it finds that the findings set forth in Section 22.188.040.C (Findings) and Section 22.188.040.A.2 (Additional Findings) have been met by the applicant. In addition, in lieu of Section 22.188.040.A.2.a, the filming permit office shall also find that such approval will not result in a frequency of usage likely to create incompatibility between such temporary use and the surrounding area. Where an application is denied due to frequency of usage, the filming permit office shall specify the minimum time period between approvals which, in its opinion, is necessary to prevent such incompatibility.

B.

In interpreting the other provisions of this Chapter in relation to on-location filming, the filming permit office shall be substituted for the Director, and the provisions of Section 22.188.030 (Application and Review Procedures) shall not apply.

C.

Any person or entity issued a permit for the filming of an adult film, as defined in Section 11.39.010 (Adult Films) of Title 11 of the County Code, under this Chapter or any other law authorizing the issuance of permits for commercial filming are required to maintain engineering and work practice controls sufficient to protect employees from exposure to blood and/or any other potentially infectious materials controls, in a manner consistent with California Code of Regulations, Title 8, Section 5193 (Bloodborne Pathogens). Any such permit shall contain the following language: "Permittee must abide by all applicable workplace health and safety regulations, including California Code of Regulations Title 8, Section 5193 (Bloodborne Pathogens), which mandates barrier protection, including condoms, to shield performers from contact with blood or other potentially infectious material during the production of films." The County shall charge, or shall direct any other person or entity contracting with the County to administer the film permitting process, to charge, entertainment industry customers seeking permits for the production of adult films a fee sufficient to allow periodic inspections to ensure compliance with the conditions set forth in Section 11.39.010 (Adult Films).

(Measure B, approved by voters in Nov. 6, 2012 General Election: Ord. 90-0093 § 10, 1990: Ord. 83-0007 § 8, 1983.)

(Ord. 2022-0008 § 116, 2022; Ord. 2019-0004 § 1, 2019.)

A.

The Surface Mining Permit is established to regulate surface mining and reclamation of mined lands in compliance with the Surface Mining and Reclamation Act of 1975, Division 2, Chapter 9, of the California Public Resources Code, beginning with Section 2710.

B.

It is the intent in regulating surface mining activities to ensure that:

1.

The production and conservation of minerals is encouraged while addressing concerns relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment during and after mining operations;

2.

Adverse effects on the environment, including air pollution, impedance of groundwater movement and water quality degradation, damage to wildlife habitat, flooding, erosion, and excessive noise are prevented or mitigated;

3.

Mined lands are returned to a usable condition readily adaptable for alternative land uses, with no residual hazards to public health or safety; and

4.

Consistency is achieved with the mineral resources management policies of the General Plan.

(Ord. 2019-0004 § 1, 2019.)

Specific terms used in this Chapter are defined in Section 22.14.190 of Division 2 (Definitions), under "Surface Mining Operations."

(Ord. 2019-0004 § 1, 2019.)

A.

General Applicability. Except as specified in Subsection D, below, a person shall not use any property within the unincorporated area of Los Angeles County for surface mining operations unless a Surface Mining Permit is first obtained and a Reclamation Plan is approved as provided by this Chapter.

B.

Uses Authorized. Where a Surface Mining Permit has been obtained pursuant to this Chapter and while such permit is in full force and effect in conformity with the conditions of such permit, said property shall be used exclusively for surface mining operations and the following specific uses:

1.

The stockpiling of rock, sand and gravel, and other minerals, including the installation, maintenance, or operation of rock-crushing plants or apparatus.

2.

Batching plants or mixing plants for either portland cement or asphaltic concrete, except where specifically prohibited as a condition of such permit.

3.

Any use permitted in the zone, subject to the limitations and conditions set forth therein, provided the Commission or Hearing Officer specifically authorizes such use in the permit.

4.

Accessory uses to mining operations and processing of minerals.

C.

Filing Time—Plans for Existing Operations.

1.

Surface Mining. Any person desiring a Surface Mining Permit as provided for in this Title 22 may file an application with the Director, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the Board or Commission or Hearing Officer on an application for the same or substantially the same permit. In all cases, the required Reclamation Plan shall accompany the Surface Mining Permit application.

2.

Reclamation Plan. In any case of existing surface mining operations as described in Subsection D.4, below, the required Reclamation Plan may be filed with the Director without an application for a Surface Mining Permit. Such Reclamation Plans shall be filed no later than one year from January 26, 1980, the effective date of this Chapter.

D.

Exemptions. This Chapter does not apply to any of the following activities or situations:

1.

Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or other natural disaster.

2.

Surface mining operations that are required by federal law in order to protect a mining claim if such operations are conducted solely for that purpose.

3.

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less.

4.

Any surface mining operation for which a valid, unexpired zone exception was granted prior to November 23, 1970, or for which a valid Conditional Use Permit (Chapter 22.158) is in full force and effect, or which was lawfully established in Zone Q, provided that such operation shall remain in compliance with and subject to all limitations and conditions imposed by such former grant or zone, and provided further that all Reclamation Plans, interim management plans and financial assurances shall be obtained or provided as required by this Title 22 and the California Public Resources Code, Division 2, Chapter 9, beginning with Section 2710.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Surface Mining Permit Checklist.

B.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

C.

Publication. Notwithstanding Section 22.230.040 (Public Hearing), notice of application shall be published in two newspapers of general circulation at least one of which is a newspaper available in the community in which such use is proposed to be established. Such publications, if made in a daily newspaper, shall be for a period of not less than five consecutive publications of such newspaper, and if made in a weekly newspaper, shall be for a period of not less than two consecutive publications of such paper, the first publication in either case appearing not less than 20 days before the date of the hearing.

D.

Notification of Filing. The Director shall furnish a copy of each submitted application for a Surface Mining Permit, Reclamation Plan and proposal for financial assurance to the State Geologist and the Director of Public Works. The Director shall notify the California Department of Transportation of a request for a Surface Mining Permit, if notification of the Department of Transportation is required pursuant to Section 2770.5 of the California Public Resources Code.

E.

Protection of Proprietary Information. Applications for Surface Mining Permits, Reclamation Plans, and other documents submitted pursuant to this Chapter are public records, unless it can be demonstrated to the satisfaction of the Commission or Hearing Officer that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The Commission or Hearing Officer shall identify such proprietary information as a separate part of the application. Proprietary information shall be made available only to the State Geologist and to persons authorized in writing by both the mining operator and the applicant or his successor in interest.

F.

Fees. The applicant shall pay to the County the actual cost incurred by Public Works in conducting inspections and/or reviews pursuant to the provisions of this Chapter. Such cost shall be computed using actual hours expended by staff multiplied by the most current applicable hourly rates, approved by the Auditor-Controller, that are available at the time that costs are assessed.

(Ord. 2019-0004 § 1, 2019.)

Unless the Commission or Hearing Officer deems otherwise, and so specifies in the permit, surface mining operations shall comply with Section 3503 (Surface Mining and Reclamation Practice) of Title 14 of the California Code of Regulations and be conducted in accordance with the following requirements:

A.

Slopes.

1.

No excavation shall be permitted that creates a temporary slope steeper than one foot horizontally to one foot vertically. The Director of Public Works may require that excavations be made with a cut face more flat in slope than the above slope requirements if deemed necessary for slope stability and public safety at any time.

2.

Temporary slopes shall not be created that will interfere with the construction of finished slopes conforming to the requirements of the Reclamation Plan.

3.

Slopes affecting off-site property shall meet the requirements of Appendix J of Title 26 (Building Code) of the County Code.

B.

Erosion and Sedimentation Control.

1.

Measures shall be taken to prevent erosion of adjacent lands by waters discharged from the site of mining operations and the off-site discharge of sediment. Such measures may include the revegetation of slopes and the construction of properly designed retarding basins, settling ponds and other water treatment facilities, ditches, and diking.

2.

No discharge of sediment into off-site bodies of water shall be permitted that will result in higher concentrations of silt than existed in such water prior to surface mining operations.

3.

Stockpiles of overburden and minerals shall be managed to minimize water and wind erosion.

4.

The removal of vegetation and overburden in advance of surface mining shall be kept to a minimum.

C.

Water Quality Control. Mining operations shall be conducted in accordance with applicable standards of the Regional Water Quality Control Board or any other agency with jurisdiction over water quality.

D.

Protection of Fish and Wildlife Habitat. All reasonable and practicable measures shall be taken to protect the habitats of fish and wildlife during surface mining operations.

E.

Runoff and Flood Control. Surface mining operations shall be conducted in such a manner as to prevent or minimize flooding and/or alteration of the natural drainage system.

F.

Setbacks.

1.

No surface mining operation or structure shall be located within 50 feet of any public street or highway or any lot in other than the applicant's ownership unless the written consent of the owner in fee of such property is first secured and recorded with the Registrar-Recorder/County Clerk, and except where the contiguous property is currently or intermittently being mined in the same manner.

2.

No surface mining operation or structure shall be located within 100 feet of any stream bed, flood control channel, reservoir, water conservation facility, area within an adopted Flood Protection District, or area designated as an Area of Special Flood Hazard, without first obtaining the approval of the Director of Public Works. Where approval is requested, a comprehensive flood-hazard analysis evaluating the effect surface-mining operations will have on drainage and erosion on adjacent property shall also be submitted.

G.

Insurance Requirements.

1.

Before commencing surface mining operations, the owner or operator shall secure insurance to the extent of $100,000 against liability in tort arising from the production, activities, or operations incidental thereto conducted or carried on under or by virtue of any law or ordinance, and such insurance shall be kept in full force and effect during the period of such operations.

2.

This insurance requirement is separate and independent from any bonding requirement which may be required by the Commission or Hearing Officer to assure the completion of the operator's Reclamation Plan as required by Section 22.190.080 (Reclamation Plan).

H.

Control of Dust, Vibrations, Smoke, Dirt, Odors, and Bright Lights.

1.

All activities of mining and processing minerals shall be conducted in a manner such that dust, vibrations, smoke, dirt, odors, and bright lights do not exceed levels compatible with uses of adjacent lands.

2.

All private roads shall be wetted while being used, or shall be oiled or hard-surfaced and maintained to prevent the emanation of dust. All private access roads leading off any public street or highway shall be paved with asphalt or concrete surfacing not less than three inches in thickness for the first 50 feet of said access road.

I.

Boundary Markers. The outer boundaries of all property used or intended to be used for surface mining operations shall be posted within 90 days following the effective date of such mining permit, and permanently thereafter, with signs displaying the message "SURFACE MINING" in letters not less than four inches in height, and in letters not less than one inch in height, the message "This property may be used at any time for the extracting and processing of rock, sand, gravel, decomposed granite, clay, and similar materials, as authorized by the Zoning Code (Title 22), County of Los Angeles." Such signs shall be posted not more than 500 feet apart, with signs placed at each change in direction of boundary lines of the property, and displayed in such a manner as to give reasonable notice to passersby of the message contained thereon.

J.

Hours of Operation. All operations shall be restricted to the hours between 6:00 a.m. and 10:00 p.m., except in cases of public emergency, or whenever any reasonable or necessary repairs to equipment are required to be made.

K.

Salvage of Topsoil. Unless otherwise specified in the Reclamation Plan, all topsoil removed in surface mining operations shall be stored at the site of mining operations and shall be used in future reclamation of the site.

L.

Benches. Benches shall be provided wherever necessary to control drainage on slopes, or to provide for access, or for public safety as determined by the Commission or Hearing Officer on the recommendation of the Director of Public Works.

M.

Fencing. Prior to the commencement of any surface mining operation, the area to be used for such operations shall be enclosed with a fence as required by Chapter 11.48 (Oil Well Sumps, Sand and Gravel Pits, and Similar Excavations) of Title 11 of the County Code. Such fencing may be limited to the area currently being used for such operations; provided, however, that the operation shall be continuously enclosed as excavation progresses.

N.

Explosives. Storage of explosives for use in surface mining operations shall be subject to Chapter 22.164 (Explosives Permits).

(Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.230.050 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The requirements for Reclamation Plan approval set forth in Section 22.190.080.A (Findings Prerequisite to Approval) have been met by the applicant.

2.

The requested surface mining operation conducted at the location proposed will not adversely affect the health, safety, or welfare of persons residing in the surrounding area or otherwise endanger or constitute a menace to the public health, safety, or general welfare.

3.

Adverse ecological effects resulting from surface mining operations will be prevented or minimized.

4.

The proposed site is adequately served by streets or highways of sufficient width and improved as necessary to facilitate the kind and quantity of traffic surface-mining operations will or could generate.

5.

The proposed site for surface mining operations is consistent with the General Plan.

(Ord. 2019-0004 § 1, 2019.)

A.

Annual Report. The mine operator shall submit annually to the Director of Public Works copies of all reports required pursuant to Section 2207 of the California Public Resources Code.

B.

Imposition of Additional Conditions Authorized When. Conditions may be imposed to ensure that the approval will be in accordance with the findings required by Section 22.190.060 (Findings and Decision). Such conditions may include those in Section 22.158.050 (Conditions of Approval) or may involve any pertinent factors affecting the establishment, operation, and maintenance of surface mining operations, including, but not limited to:

1.

Off-street parking for equipment and for the cars of employees.

2.

Screening and/or landscaping to assure integration with surrounding areas.

3.

Regulation of signs.

4.

The surfacing of parking areas and roads.

5.

Days of operation.

6.

The following factors for which standards are established in Section 22.190.050 (Development Standards):

a.

Setbacks.

b.

Hours of operation.

c.

Fencing.

d.

Grading benches.

e.

Regulation of noise, dust, bright lights, smoke, vibrations, dirt, and odors.

C.

Administration and Inspections.

1.

The Director of Public Works shall conduct such inspections of idle and active surface mines as are required by the terms or conditions of any entitlement, regulation, or law, including this Title 22 and the California Public Resources Code, Division 2, Chapter 9, beginning with Section 2710, and shall make such additional inspections as the Director of Public Works deems necessary to enforce the terms or conditions of any such entitlement, regulation or the applicable State and County Codes.

2.

Public Works shall report its findings to the mine operator and to the State Geologist, as required by law, and shall report to the Director of Regional Planning or to other persons or agencies where the Director of Public Works deems it necessary to make such additional notification.

D.

Periodic Review of Permit Conditions and Reclamation Plan. The periodic review of the conditions contained in Surface Mining Permits and approved Reclamation Plans, as provided in Subsection B, above, and Section 22.190.080.C (Reclamation Activities—Specifications), respectively, shall be conducted by the Commission or Hearing Officer in accordance with the schedule adopted at the time such permits or plans were approved. The Commission or Hearing Officer, in their review, shall hold one or more public hearings pursuant to Chapter 22.222.120 (Public Hearing Procedure), and shall consider such new or changed circumstances as physical development near the mining site and improved technological innovations in the field of reclamation which may significantly improve the reclamation process. Modified permits or Reclamation Plans shall be binding upon the operator and all successors, heirs, and assigns of the applicant.

E.

Expiration Date. The Commission or Hearing Officer may establish an expiration date for a Surface Mining Permit. Where no expiration date is specified in the permit, the permit shall terminate and cease to be in effect at the time a new principal use is established on the subject property or upon being deemed abandoned, as provided in Section 22.190.090 (Idle Mine Operations), whichever occurs first.

(Ord. 2019-0004 § 1, 2019.)

A.

Findings Prerequisite to Approval.

1.

The Commission or Hearing Officer shall approve a Reclamation Plan if the Commission or Hearing Officer finds, based upon substantial evidence in the record, that the plan conforms to the requirements of Sections 2772, 2773 and 2773.1 of the California Public Resources Code, Sections 3501 and 3503 of Title 14 of the California Code of Regulations, and the provisions of this Title 22 and, further, that the mined lands will be reclaimed so that they are readily adaptable for uses consistent with the General Plan.

2.

Should the Commission or Hearing Officer take an action which is at variance with a recommendation or objection raised by the State Geologist, their findings shall address, in detail, why the specific comment or objection was not accepted.

3.

In approving a Reclamation Plan, the Commission or Hearing Officer shall:

a.

Require such changes to the plan and impose such conditions as are necessary to conform the plan to requirements of the applicable State and County Codes, including provision of financial assurances and annual adjustments of such assurances as required by the California Surface Mining and Reclamation Act and related regulations.

b.

Establish a schedule for beginning and completion of all reclamation activities, which schedule shall, at the discretion of the Commission or Hearing Officer, be based upon times certain or upon milestone events, or a combination of both.

c.

Establish a schedule for annual inspections of reclamation activities pursuant to the provisions of Section 2772(b) of the California Public Resources Code.

d.

Establish a schedule for periodic review of the Reclamation Plan at intervals of not less than 10 years, said review to be conducted as provided in Section 22.190.070.D (Periodic Review of Permit Conditions and Reclamation Plan).

e.

Require as a condition of approval, financial assurances in accordance with Section 2773.1 of the California Public Resources Code.

f.

Require that the mine operator file a covenant against the property with the Recorder-Registrar/County Clerk containing the following statement before commencing operation of a new surface mine or, in the case of an existing mine as described in Section 22.190.030.D.4, within 30 days following notice of approval:

"This property is subject to Reclamation Plan (enter case number), requiring, together with other conditions, the completion of a reclamation program before use of the property for a purpose other than surface mining, except as otherwise provided in said plan. Agents of the County and the State of California may enter upon such land to enforce such Reclamation Plan and to effect reclamation, subject to compliance with applicable provisions of law."

g.

Verify that the reclamation plan for any surface mining operation located in a Significant Ecological Area was reviewed by SEATAC in accordance with Section 22.102.150 (Significant Ecological Areas Technical Advisory Committee).

4.

The Commission or Hearing Officer may require modification of the Reclamation Plan or impose such conditions that the Commission or Hearing Officer deems necessary to ensure that the plan is in accord with the requirements in Subsection C, below.

B.

Financial Assurances.

1.

Each mine operator shall provide and maintain financial assurances for completion of reclamation of disturbed lands in compliance with the approved Reclamation Plan and Section 2773.1 of the California Public Resources Code and the administrative regulations adopted pursuant to said Section 2773.1.

2.

At the time of each annual inspection, and as provided by Section 2770 of the California Public Resources Code, the Director of Public Works shall establish the amount of financial assurance required pursuant to the approved Reclamation Plan and State law and regulations.

3.

In the case of a new mine or of an idle mine which is to be reactivated after not having been worked since January 1, 1976, the financial assurance shall be tendered to the County before commencement of mining operations. The Director of Public Works shall establish the amount of such assurance based upon the estimated amount of disturbed lands after the first full year of mining.

4.

The Director of Public Works shall notify the mine operator of the amount of assurance in person or by certified mail, with copies sent to the Director and the State Geologist.

5.

For ongoing mining operations the assurance shall be tendered to the County within 60 days of receipt by the mine operator of notice of the amount of the assurance from the Director of Public Works.

6.

Forfeiture of the financial assurances shall be subject to the provisions of Section 2772.1 of the California Public Resources Code and all proceeds from the forfeited financial assurances shall be used to conduct and complete reclamation in accordance with the approved Reclamation Plan.

C.

Reclamation Activities—Specifications. Unless otherwise specified in the approved Reclamation Plan, the reclamation of mined lands shall be carried out in accordance with the following requirements:

1.

Concurrent Reclamation.

a.

The reclamation of mined lands shall occur as soon as practical following completion of mining operations at successive locations within the mining site as required by the schedule in the approved Reclamation Plan.

b.

The reclamation of lands affected by surface mining operations shall be completed within one year of the completion of mining operations on such lands.

2.

Disposal of Overburden and Mining Waste.

a.

Permanent piles or dumps of overburden and waste rock placed on the land shall be made stable, shall not restrict natural drainage without provision for diversion, and shall have an overall smooth or even profile subject to the satisfaction of Public Works. Where practical, such permanent piles or dumps shall be located in the least visible location at the mining site.

b.

Old equipment and inert mining wastes shall be removed or buried subject to the approval of the Commission or Hearing Officer.

c.

Toxic materials shall be removed from the site or permanently protected to prevent leaching into the underlying groundwater, to the satisfaction of the Department of Public Health.

d.

Overburden and mining waste placed beneath the existing or potential groundwater level which will reduce the transmissivity or area through which water may flow shall be confined to an area approved by Public Works.

3.

Revegetation.

a.

All permanently exposed lands that have been denuded by mining operations shall be revegetated to provide ground cover sufficient to control erosion from such lands.

b.

All plantings shall be established and maintained in good horticultural condition. The revegetation shall be able to survive under natural conditions, with native species used whenever possible.

c.

Revegetation methods shall take into account the topography and existing growth patterns and mixes of flora present at and adjacent to the site of mining operations to create a more natural appearance. Plantings shall avoid rigid, geometric patterns and shall utilize natural scatterings.

4.

Resoiling.

a.

Resoiling measures shall take into consideration the quality of soils which may be required to sustain plant life pursuant to any revegetation that the Commission or Hearing Officer may require in its approval of the applicant's Reclamation Plan.

b.

Coarse, hard material shall be graded and covered with a layer of finer material or weathered waste. A soil layer shall then be placed on this prepared surface. Where quantities of available soils are inadequate to provide cover, native materials shall be upgraded to the extent feasible for this purpose.

5.

Final Slopes.

a.

Final slopes shall be engineered and contoured to be geologically stable, to control the drainage therefrom, and to blend with the surrounding topography where practical. On the advice of Public Works, the Commission or Hearing Officer may require the establishment of terrace drains to control drainage and erosion.

b.

Final slopes shall not be steeper than two feet horizontal to one foot vertical (2:1) unless the applicant can demonstrate to the Commission or Hearing Officer satisfaction, that a steeper slope will not:

i.

Reduce the effectiveness of revegetation and erosion control measures where they are necessary;

ii.

Be incompatible with the alternate future uses approved by the Commission for the site; and

iii.

Be hazardous to persons that may utilize the site under the alternate future uses approved for the site.

6.

Drainage, Erosion, and Sediment Control.

a.

Any temporary stream or watershed diversion shall be restored to its state prior to any surface mining activities unless the Commission or Hearing Officer deems otherwise based on recommendations from Public Works.

b.

Stream bed channels and stream banks affected by surface mining shall be rehabilitated to a condition which would minimize erosion and sedimentation.

c.

Revegetation and regrading techniques shall be designed and executed so as to minimize erosion and sedimentation. Drainage shall be provided to natural outlets or interior basins designed for water storage, with such basins subject to the approval of the Director of Public Works. In addition, final excavation shall eliminate potholes and similar catchments to prevent potential breeding areas for mosquitoes.

d.

The final grading and drainage of the site shall be designed in a manner to prevent discharge of sediment above natural levels existent prior to mining operations.

e.

Silt basins which will store water during periods or surface runoff shall be equipped with sediment control and removal facilities and protected spillways designed to minimize erosion when such basins have outlet to lower ground.

f.

No condition shall remain after reclamation which will or could lead to degradation of groundwater quality below applicable standards of the Regional Water Quality Control Board or any other agency with jurisdiction over water quality.

7.

Backfilling and Grading.

a.

Subject to the approval of Public Works, backfilled and graded areas shall be compacted to avoid excessive settlement and to the degree necessary to accommodate anticipated future uses.

b.

Materials used in the refilling shall be of a quality suitable to prevent contamination and/or pollution of groundwater. If materials for backfilling and grading are obtained from an area other than the site of surface mining operations, such materials shall be included and the approximate quantities identified in the applicant's Reclamation Plan.

8.

Water Features. Reservoirs, ponds, lakes, or any body of water created as a feature of the reclamation plan shall be approved by Public Works and by the Department of Public Health.

D.

Establishment of New Principal Use—Restrictions. No new principal use shall be established on any property for which a Reclamation Plan has been approved unless all reclamation required therein has been completed, except as otherwise provided herein. Where concurrent reclamation is approved pursuant to Subsection C.1, above, the Commission or Hearing Officer may approve the establishment of a new principal use upon completion of each phase of the Reclamation Plan.

E.

Amendments. Amendments to an approved Reclamation Plan, including attendant time schedules, may be submitted to the Commission or Hearing Officer at any time, detailing proposed changes from the original plan. Amendments to an approved Reclamation Plan shall be approved in the manner prescribed for approval of a Reclamation Plan.

F.

Information and Documents Required.

1.

The Reclamation Plan shall be applicable to a specific property or properties and shall be based upon the character of the surrounding area and such characteristics of the property as the type of overburden, vegetation, soil stability, topography, geology, climate, stream characteristics, and principal mineral commodities.

2.

All Reclamation Plans shall contain the following information and documents:

a.

The estimated time schedule for the beginning and completion of reclamation activities. If the mining operation is to be accomplished in phases, the time schedule shall indicate the estimated beginning and completion of reclamation activities for each phase.

b.

An estimate of the cost of completion of reclamation activities, computed at current cost at the time proposed in the time schedule submitted for completion of the Reclamation Plan.

c.

A description of the existing vegetation at, and surrounding, the site;

d.

A general description of the geology of the surrounding area and a detailed description of the geology at the reclamation site.

e.

A description of the proposed use or potential uses of land after reclamation, and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses.

f.

A description of the manner in which reclamation, adequate for the proposed use or potential uses, will be accomplished, including:

i.

The manner in which mining wastes and related contaminants will be controlled and disposed of; and

ii.

The manner in which affected streambed channels and stream banks will be rehabilitated to a condition minimizing erosion and sedimentation.

g.

An assessment of the effect of implementation of the Reclamation Plan on future mining in the area.

h.

A statement by the applicant that he accepts responsibility for reclaiming mined lands in accordance with the approved Reclamation Plan.

i.

A statement by the applicant that he accepts responsibility for all completed reclamation work for a period of two years or such greater period as deemed necessary by the Commission or Hearing Officer to ensure the permanency of all features of the Reclamation Plan. This Subsection shall not apply to normal maintenance and repairs unrelated to the reclamation work on public facilities where dedicated to and accepted by the County.

j.

Such other information as the Commission, Hearing Officer, or Director may require. The Director may waive the filing of one or more of the above items where unnecessary to process the application.

3.

Where Reclamation Plans are not filed as a part of a Surface Mining Permit, such plan shall be accompanied by an application for separate Reclamation Plan approval which contains the following information:

a.

The names and addresses of the applicant and the mining operator, if different, and of any persons designated by the applicant as his agents for service of process.

b.

The names and addresses of all persons owning a possessory and/or mineral interest in any or all of the property to be used for mining operations.

c.

A statement indicating the reason under Section 22.190.030.D (Exemptions) why a Surface Mining Permit is not required. Include any identifying Conditional Use Permit or Zone Exception Case numbers.

d.

The requirements of a Surface Mining Permit checklist.

(Ord. 2019-0072 § 3, 2019; Ord. 2019-0004 § 1, 2019.)

A.

Within 90 days of a surface mining operation becoming idle, as defined in this Title 22 and in Section 2727.1 of the California Public Resources Code, the mine operator shall submit an interim management plan to the Director for review and approval as required in Section 2770(h) of the California Public Resources Code.

B.

Before submitting the plan for review, the mine operator shall request an inspection of the site by Public Works. Upon notification of the results of the inspection, the operator shall submit a plan indicating what measures will be necessary for the protection of adjacent properties, environmental resources, and the general public, for review and approval.

C.

The interim management plan shall be reviewed and acted upon in accord with the procedures set forth in Section 2770 of the California Public Resources Code and upon adoption shall be an amendment to the approved Reclamation Plan.

D.

Required financial assurances shall remain in effect during the period the surface mining operation is idle. Posting shall be maintained as provided in Section 22.190.050.I (Boundary Markers).

E.

The interim management plan may remain in effect for a period not to exceed five years, at which time the Director in accordance with Section 2770 of the California Public Resources Code shall do one of the following:

1.

Renew the interim management plan for a period not to exceed five years, if the Director finds that the surface mining operator has complied fully with the interim management study; or

2.

Require the surface mining operator to commence reclamation in accordance with the approved Reclamation Plan.

F.

Notwithstanding any provision of this Title 22 or of an entitlement granted pursuant to this Title 22, unless review of an interim management plan is pending before the Commission or Hearing Officer, or an appeal is pending before the Board, a surface mining operation which after January 1, 1991, remains idle for over one year after becoming idle without obtaining approval of an interim management plan shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved Reclamation Plan.

(Ord. 2019-0004 § 1, 2019.)

An applicant whose request for a Surface Mining Permit to conduct mining operations has been denied, or any person who is aggrieved by the granting of a permit to conduct mining operations in an area of statewide or regional significance may, within 15 days following denial of an appeal, also appeal to the State Mining and Geology Board as provided in Section 2775 of the Surface Mining and Reclamation Act of 1975.

(Ord. 2019-0004 § 1, 2019.)

The provisions of this Chapter are known as, and may be cited as, the "Los Angeles County Urban Agricultural Incentive Zone Program."

(Ord. 2019-0004 § 1, 2019.)

The purpose of this Los Angeles County Urban Agriculture Incentive Zone ("UAIZ") Program is to implement the UAIZ Act ("Act"), as described in Section 51040 et seq., of the California Government Code to promote and foster urban agriculture. The UAIZ Program is designed to increase access to healthy food by providing an incentive for property owners of eligible vacant or unimproved properties within the urban areas of the County to utilize these properties for small-scale agricultural uses. The property owners of eligible properties may enter into agreements with the County, or respective cities that elect to participate in the UAIZ Program, to promote urban agriculture enterprises in exchange for reduced property tax assessments under Section 422.7 of the California Revenue and Taxation Code.

(Ord. 2019-0004 § 1, 2019.)

An UAIZ is hereby established for all urbanized areas, as defined by the Act, throughout the unincorporated area of the County, with the exception of any unincorporated area located within the sphere of influence of an incorporated city, unless and until the legislative body of the city has consented to the inclusion of all or a part of its sphere of influence in the County's UAIZ. Each incorporated city within the County, may, likewise, establish an UAIZ within its jurisdiction by passage of a resolution after a public hearing before its respective legislative body, so long as there is a process by which each such city causes its UAIZ Agreements to be recorded with the Registrar-Recorder/County Clerk, and causes a stamped copy of its UAIZ Agreements to be submitted to the Assessor. For each such recorded and submitted UAIZ Agreement, the Assessor will apply the appropriate assessment formula annually to derive the reduced assessment roll value, for each year of the UAIZ Agreement period. Each UAIZ established by a city pursuant to this Section shall be also subject to the provisions set forth in Sections 22.192.040 (Maximum Allocation) through 22.192.060 (Permitted Land Uses), and 22.192.130 (Program Operative Date) in this Chapter. However, regardless of population or location in unincorporated or incorporated territory, an UAIZ shall never include, in whole or in part, a National Recreation Area, Significant Ecological Area, and/or Sensitive Environmental Resource Area.

(Ord. 2019-0004 § 1, 2019.)

In implementing the UAIZ Program, the maximum loss to the County in unrealized ad valorem property tax revenue (Article XIIIA of the California Constitution) resulting from the UAIZ Agreements, whether within the unincorporated area of the County or an incorporated city participating in the UAIZ Program, shall be a cumulative total of three million dollars for the life of the UAIZ Program. The Assessor will track the total unrealized property tax revenue loss anticipated from each UAIZ Agreement, and will notify the Director and cities with UAIZs when the maximum allocation is reached. No individual property or economic parcel shall exceed an annual unrealized property tax revenue loss to the County of $15,000.

(Ord. 2019-0004 § 1, 2019.)

To be eligible for the UAIZ Program, all of the following requirements must be met:

A.

The property is vacant, unimproved, or contains only non-habitable structures that are or will be accessory to agricultural uses, such as a toolshed, greenhouse, produce stand, or instructional facility.

B.

The property is located within a Census-designated urbanized area, as defined in the Act, so long as it is not wholly or partially within a National Recreation Area, Significant Ecological Area, or Sensitive Environmental Resource Area.

C.

The property in its entirety shall be available for and dedicated to agricultural uses immediately and for the duration of the initial Agreement, which shall be for a term of five years.

D.

The property shall be a minimum of one-tenth of an acre and a maximum of three acres.

E.

Secured property tax obligations shall be current and paid according to installments determined by State law.

F.

The UAIZ Agreement shall contain all provisions required by the Act.

(Ord. 2019-0004 § 1, 2019.)

Eligible land uses under the UAIZ Program may include any agricultural land uses that are permitted or conditionally permitted both by the Act and by local regulations, including local planning and zoning codes.

(Ord. 2019-0004 § 1, 2019.)

A.

Property owners, or authorized persons thereof, of an eligible property within the County's UAIZ may file an application with the Department to enter into an UAIZ Agreement.

B.

Each application shall contain the following information:

1.

Name and address of the owners of the subject property.

2.

Evidence that the applicant is the sole owner of the subject property or has the written permission of all owners to make such application.

3.

The location and legal description of the subject property.

4.

Evidence that the subject property is currently vacant or unimproved, and contains no habitable structures.

5.

Proposed agricultural activity or land uses, including crop types.

6.

An agreement signed by all property owners to commit to the terms of the UAIZ Agreement.

7.

A site plan evidencing to the satisfaction of the Director that execution of the UAIZ Agreement will result in actual utilization of the entire property for agricultural activity for the entire contractual period of five years.

8.

Such other information as the Director may require.

(Ord. 2019-0004 § 1, 2019.)

For proposed uses that trigger other County Code requirements, the Department will make referrals to other departments as appropriate. The Director shall make a determination based on compliance with Section 22.192.070.B, above, and the recommendation from other departments, as applicable, to approve or deny the application.

(Ord. 2019-0004 § 1, 2019.)

An approved application for property within the County's UAIZ will be finalized by execution of a notarized UAIZ Agreement by the Director, or the Director's designee, and the applicant, which shall include the approved site plan as an Exhibit "A." The term of an approved UAIZ Agreement for property within the County's UAIZ shall commence on the first day of January following recordation of the UAIZ Agreement.

(Ord. 2019-0004 § 1, 2019.)

An UAIZ Agreement for property within the County's UAIZ, including the site plan attached as an Exhibit "A", shall be recorded by the property owner with the Registrar-Recorder/County Clerk. The applicant shall provide copies of the recorded UAIZ Agreement to the Assessor and the Department. After recordation, the Assessor will apply the appropriate assessment formula annually to derive the reduced assessment roll value, for each year of the UAIZ Agreement period.

(Ord. 2019-0004 § 1, 2019.)

Within 90 days after the recordation of any UAIZ Agreement for property within the County's UAIZ and every subsequent year thereafter, the Agricultural Commissioner shall conduct a site inspection to verify the property owner's conformance to the terms of the UAIZ Agreement.

(Ord. 2019-0004 § 1, 2019.)

A.

Circumstances for Cancellation.

1.

County-Initiated Cancellation for Noncompliance. If the Agricultural Commissioner finds that the property does not conform to the terms of the UAIZ Agreement, the Agricultural Commissioner will report any issues to the Department, which will then make any appropriate referrals to other departments based on the nature of the issue of noncompliance. The respective department shall initiate enforcement actions to bring the property into compliance. Should the property owner fail to comply with the corrective actions requested by the enforcing department within a time period set forth by such department, then notice of such continuing violation shall be submitted to the Director. The Director shall then notify the property owner by mail that the UAIZ Agreement will be cancelled 15 calendar days after mailing of the notice. At the end of the 15 days, the Department shall execute a cancellation document and record it with the Registrar-Recorder/County Clerk and notify the Agricultural Commissioner and Assessor.

2.

Owner-Initiated Cancellation. If the property owner submits a request to the Director to cancel a recorded UAIZ Agreement, the Director will execute a cancellation document with the property owner, which the Director will record with the Registrar-Recorder/County Clerk and notify the Agricultural Commissioner and Assessor.

B.

Effect of Cancellation—Tax Rate. The property shall be reassessed to its previous non-agricultural tax rate from the first day of January following recordation of the cancellation document. The property owner shall also receive a secured property tax bill equal to the cumulative value of the tax benefit received during the duration of the UAIZ Agreement upon the property owner for cancellation of any Agreement prior to the expiration of that Agreement, unless the Director makes a determination that the cancellation was caused by extenuating circumstances despite the good faith effort by the property owner.

(Ord. 2019-0004 § 1, 2019.)

Unless extended by State law, no UAIZ Agreement for property within the County's UAIZ or any city's UAIZ shall be renewed or created after January 1, 2019. However, any UAIZ Agreement entered into pursuant to this Chapter on or before January 1, 2029, shall be valid and enforceable for the duration of the UAIZ Agreement.

(Ord. 2022-0008 § 117, 2022; Ord. 2019-0004 § 1, 2019.)

The variance is established to permit modification of development standards as they apply to particular uses when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Title 22, develop through the strict literal interpretation and enforcement of such provisions.

(Ord. 2019-0004 § 1, 2019.)

A variance may be granted to permit modification of the following where mandated by this Title 22:

A.

Building line setbacks, yards, open space, and buffer areas.

B.

Height, lot coverage, density, and bulk regulations.

C.

Off-street parking spaces, maneuvering areas and driveway width, and paving standards.

D.

Landscaping requirements.

E.

Wall, fencing, and screening requirements.

F.

Street and highway dedication and improvement standards.

G.

Lot area and width requirements.

H.

Operating conditions such as hours or days of operation, number of employees, and equipment limitations.

I.

Sign regulations other than outdoor advertising.

J.

Distance-separation requirements.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the variance Checklist.

B.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

A.

Adequate Water Supply—Criteria. If it appears that the variance requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted in the same zone without a variance, and will not comply with the provisions of Division 1 (Water) of Title 20 of the County Code, such facts shall be prima facie evidence that such requested variance will adversely affect and be materially detrimental to adjacent uses, buildings, and structures and will not comply with the provisions of Section 22.194.050 (Findings and Decision).

(Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.200 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

Because of special circumstances or exceptional characteristics applicable to the property, the strict application of the County Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

2.

The modification authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated.

3.

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

4.

Such adjustment will not be materially detrimental to the public health, safety, or general welfare, or to the use, enjoyment, or valuation of property of other persons located in the vicinity.

(Ord. 2019-0004 § 1, 2019.)

A.

The Commission or Hearing Officer may impose conditions to ensure that the approval will be in accordance with the findings required by Section 22.194.050 (Findings and Decision). Such conditions may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such variance is requested, including those specified in Section 22.158.060 (Conditions of Approval).

B.

The application may be approved contingent upon compliance with applicable provisions of other ordinances any other federal, State, or County requirements.

(Ord. 2019-0004 § 1, 2019.)

Unless specifically modified by a variance, all regulations prescribed in the zone in which such variance is granted shall apply.

(Ord. 2019-0004 § 1, 2019.)

Yard Modifications, where authorized by Section 22.110.989.E.3 (Yard Modification), Section 22.110.190 (Modifications Authorized) or as otherwise authorized by this Title 22, shall comply with this Chapter.

(Ord. 2022-0008 § 118, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Yard Modification checklist.

B.

Type II Review. The application shall be filed and processed in compliance with Chapter 22.228 (Type II Review—Discretionary) and this Chapter.

C.

Agency Review. Upon receipt of an application request for a modification on yards contiguous to a limited secondary highway, according to Section 22.110.080.E.3 (Yard Modification), the Director shall refer a copy of the application to the Director of Public Works. The application shall not be approved unless the written concurrence of the Director of Public Works has been received.

(Ord. 2019-0004 § 1, 2019.)

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.228.050 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

Topographic features, subdivision plans, or other site conditions create an unnecessary hardship or unreasonable regulation or make it obviously impractical to require compliance with the yard requirement or setback line.

2.

The proposed structure is similar to the setbacks of other legally-built structures on adjacent or neighboring properties.

3.

The use, development of land, and application of development standards is in compliance with all applicable provisions of this Title 22.

4.

The use, development of land, and application of development standards, when considered on the basis of the suitability of the site for the particular use or development intended, is so arranged as to avoid traffic congestion, provide for the safety and convenience of bicyclists and pedestrians, including children, senior citizens, and persons with disabilities, insure the protection of public health, safety, and general welfare, prevent adverse effects on neighboring property and is in conformity with good zoning practice.

5.

The use, development of land, and application of development standards is suitable from the standpoint of functional developmental design.

(Ord. 2019-0004 § 1, 2019.)

A Zone Change may be initiated to change the zone classification on a lot from one zone to another zone. A Zone Change may be approved whenever the Board finds that the public convenience, the general welfare, or good zoning practice justifies such action, in compliance with this Chapter, this Title 22, and Title 7 (Planning and Land Use) of the California Government Code.

(Ord. 2019-0004 § 1, 2019.)

A.

Initiation. Initiation of a Zone Change shall be in compliance with Section 22.222.120.A (Initiation and Scheduling).

B.

Additional Area Included When. Where an application is filed, the Commission or Director may elect to include additional property within the boundaries of the area to be studied when, in their opinion, good zoning practice justifies such action.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Zone Change Checklist, including the written permission of the owner for each lot involved in the application.

B.

Type IV Review. The application shall be filed and processed in compliance with Chapter 22.232 (Type IV Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

A.

Adequate Water Supply—Criteria. The Commission shall consider whether or not the application, if adopted, will result in a need for a greater water supply for adequate fire protection and, if so, what are the existing and proposed sources of such an adequate water supply. The Commission may request that the Fire Department or Public Works, supply it with all facts, opinions, suggestions, and advice which may be material to reaching a decision on any or all matters mentioned in this Subsection A.

(Ord. 2019-0004 § 1, 2019.)

A.

Findings and decision shall be made in compliance with Section 22.232.040.A.2 (Findings) and include the findings in Subsection B, below.

B.

The Commission shall recommend approval of an application to the Board if the following findings are made:

1.

Modified conditions warrant a revision in the Zoning Map as it pertains to the area or district under consideration.

2.

A need for the proposed zone classification exists within such area or district.

3.

The particular property under consideration is a proper location for said zone classification within such area or district.

4.

The zone classification at such location will be in the interest of public health, safety and general welfare.

5.

The Zone Change is consistent with the General Plan.

6.

If the Zone Change will permit any uses prohibited by the existing zoning, that such Zone Change will not result in a need for a greater water supply for adequate fire protection or that the existing and proposed sources of water will provide an adequate water supply.

(Ord. 2022-0008 § 119, 2022; Ord. 2019-0004 § 1, 2019.)