This Division contains the procedures necessary to process development proposals in any land use zoning district.

(Ord. 4011, passed - -2007)

   (a)   Types of Procedures.

      (1)   This Development Code utilizes the following four basic procedures to review all types of applications:

         (A)   Public hearing;

         (B)   Staff review with notice;

         (C)   Staff review without notice; and

         (D)   Alternate review procedures.

      (2)   Chapter 85.02 (Basic Review Procedures) describes each of the six procedures and then follows with the application provisions common to each.

   (b)   Division 6 (Development Code Administration).  Division 6 (Development Code Administration) describes each policy development application type and the provisions of this Development Code unique to that application type as well as the review authority for each. The types of policy development applications appear in the following order:

      (1)   Agricultural Preserves/Land Conservation Contract Actions;

      (2)   Amendments (e.g., Development Code and General Plan); and

      (3)   Specific Plan Adoption and Amendment.

   (c)   Application Types. Chapters 4 through 18, below describes each land use and design application type and the provisions of this Development Code unique to that application type as well as the review authority for each. The types of land use applications appear in the following order:

      (1)   Certificates of Land Use Compliance;

      (2)   Planned Development Permits;

      (3)   Pre-Construction Inspections;

      (4)   Site Plan Permits;

      (5)   Special Use Permits;

      (6)   Subdivision Sign Location Plans;

      (7)   Temporary Use Permits;

      (8)   Temporary Special Event Permits;

      (9)   Tenant Improvement Permits;

      (10)   Use Permits (Conditional and Minor); and

      (11)   Variances (Major and Minor).

   (d)   Division 7 (Subdivisions).  Division 7 (Subdivisions) describes each division of land application type and the provisions of this Development Code unique to that application type as well as the review authority for each. The types of land use applications appear in the following order:

      (1)   Tentative and Final Map;

      (2)   Parcel Maps and Minor Subdivisions;

      (3)   Vesting Tentative Map;

      (4)   Composite Development Plan;

      (5)   Lot Line Adjustments;

      (6)   Lot Mergers;

      (7)   Reversions to Acreage;

      (8)   Certificate of Subdivision Compliance;

      (9)   Official Maps; and

      (10)   Resident Initiated Mobile Home Park Conversion.

(Ord. 4011, passed - -2007)

   Table 85-1 (Review Authority) identifies the County official or authority responsible for reviewing and making initial decisions on each type of application or land use entitlement required by this Development Code, the nature of the initial decision (i.e. issue, approve, or recommend), and the nature of the response of the subsequent review authority.

 

   This Chapter contains the basic review procedures necessary to process development proposals in any land use zoning district.

(Ord. 4011, passed - -2007)

   (a)   Formal Open Forum for Public Review. Public hearing procedures are distinguished by a formal open forum for public review of a proposal. During the course of the public hearing, the applicable review authority invites public testimony for and against the land use proposal, reviews evidence and then renders its decision in compliance with Chapter 86.07 (Public Hearings). A public hearing may be conducted before the Board, the Commission, or the Director (when acting as the Zoning Administrator).

   (b)   Review Evidence and State Relative Positions. Public hearing procedures shall be used to give all interested parties an opportunity to review the evidence and to state their relative positions in a common public forum before the applicable review authority.

(Ord. 4011, passed - -2007)

   (a)   Based upon Specific Findings or Conditions. Staff review with notice procedures are distinguished by land use decisions that are based upon specific findings or conditions that limit the discretion of the applicable review authority.

   (b)   Rendering of a Decision with Notice. Staff review with notice procedures shall provide written or published notice given to affected and interested parties followed by a decision by the applicable review authority. The notice shall be designed to ensure that all interested parties are aware of the pending decision and are given a chance to comment before the review authority renders its decision.

(Ord. 4011, passed - -2007)

   (a)   Decisions Based upon Adopted Standards. Staff review without notice procedures are distinguished by land use decisions made by the applicable review authority based upon standards that have been adopted by the County as law or as policy.

   (b)   Rendering of a Decision Without Notice. Staff review without notice procedures shall be used when sufficient standards have been adopted by the Commission or the Board to allow the applicable review authority to render a decision without giving notice to surrounding property owners and other parties.

(Ord. 4011, passed - -2007)

   Unless preempted by State or Federal Law, the specific land uses listed in the land use tables in Chapters 82.03 through 82.22 shall be allowed without a Conditional Use Permit when the following alternate review procedures have been completed to the satisfaction of the Director.

   (a)   Alternate Procedures.

      (1)   The land use has been approved at a public hearing by a State or Federally appointed body or commission empowered to approve or license the land use.

      (2)   Notice has been given to provide an opportunity for those interested or affected by the proposed use to take part in local public hearings conducted by the State or Federal body or commission approving the land use.

      (3)   The review process used by the approving agency has substantially addressed the same issues and concerns that would be addressed in applicable County review and approval process.

      (4)   The approving State or Federal body or commission has made a reasonable effort to respond to concerns expressed by the County of San Bernardino and its citizens.

      (5)   The approval of the land use would not have a substantially detrimental effect on the public health, safety, and welfare.

      (6)   Approval of the land use has complied with all applicable provisions of the California Environmental Quality Act (CEQA).

      (7)   The land use is consistent with the General Plan and any applicable specific plan.

   (b)   Acceptable Alternate Procedures. Projects approved by the following agencies shall qualify as the alternate review authority:

      (1)   Projects approved by the Bureau of Land Management.

      (2)   Projects approved by the State Energy Commission.

      (3)   Projects approved by the State Lands Commission.

      (4)   Projects approved by the State Department of Education.

      (5)   Projects approved by the State Public Utilities Commission.

      (6)   State or Federal Water Projects.

      (7)   Projects approved by the U.S. Forest Service.

      (8)   Projects approved by the U.S. Department of Defense.

(Ord. 4011, passed - -2007)

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

(Ord. 4011, passed - -2007)

      (1)   The nature, type, and extent of the violation is not adversely affecting the environment, public health, safety, or welfare, and does not constitute a public nuisance for reasons independent of the applicant’s failure to first obtain the appropriate permit, license, and/or approval.

      (2)   The subject matter of the application is a permitted use within the land use zoning district, subject to approval of the pending application, and would not require an amendment to the General Plan.

      (3)   The applicant has demonstrated a willingness and ability to obtain the appropriate permit, license, and/or approval in a timely manner.

      (4)   Any structure(s) and/or the use or occupancy of any structure(s) that is the subject matter of the application meets applicable building regulations, as required for continued occupancy by Title 6 of this Code, and has not been declared unsafe or unfit for occupancy.

      (5)   There are no unpaid monetary fines, penalties, or liens issued or placed against the property, or any responsible party associated with the property, resulting from any past or current enforcement action by the County.

(Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009; Am. Ord. 4360, passed - -2019)

   (a)   Evaluation of Proposals by the Development Review Committee (DRC). Development review procedures include evaluation of proposals at a scheduled meeting of the DRC.

   (b)   Consideration of Design and Proposed Conditions. The DRC meeting allows informal discussions between the applicant, County staff, and others regarding the design and proposed conditions for a given proposal. The DRC provides a recommendation to the applicable review authority.

(Ord. 4011, passed - -2007)

(Ord. 4011, passed - -2007; Am. Ord. 4156, passed - -2011)

   When more than one land use decision is required for a single project, all applications may be filed concurrently.

(Ord. 4011, passed - -2007)

   (a)   Forms and Information Packets. Each land use application Forms and Information Packet shall include a list of the information and materials required for the application to be considered complete.

   (b)   Failure to Provide Required Information. Any application for a land use decision that does not contain the required information and materials, or that is not accompanied by the appropriate application fee in compliance with the County Fee Ordinance, may be rejected as incomplete by the Planning Agency.

(Ord. 4011, passed - -2007)

   When the complexity of a land use application warrants it, the applicable review authority or the office given responsibility for accepting the land use application may require that the applicant submit materials and attend necessary conferences or hearings to conduct a preliminary review of a development proposal before the acceptance of the application.

(Ord. 4011, passed - -2007)

   (a)   Public Hearing or Staff Review with Notice Procedures. Upon receipt of a request for a land use decision that utilizes the public hearing or staff review with notice procedures, the applicable review authority shall give notice specifying the time and place for the decision at least ten calendar days before the date of the scheduled land use approval/denial by the following applicable methods:

      (1)   Notice shall be published once in a newspaper of general circulation in the respective community of the proposal for the following land use decisions using the public hearing procedure:

         (A)   Amendments to the text of the General Plan or a specific plan.

         (B)   Development Code amendments.

         (C)   General Plan map amendments.

         (D)   Subdivisions, where a tentative and final map are required.

      (2)   Notice shall be given by first class mail to any person who has filed a written request for a specific application.

      (3)   Notice shall be given by first class mail or delivery to all surrounding property owners within a certain distance of the exterior boundaries of the subject site for land use decisions using the public hearing or staff review with notice procedures. The distances shall be in compliance with the Table 85-2 (Distance Requirements of Noticing Purposes), below.

 

      (4)   Notice shall be given by first class mail or delivery to all contiguous property owners for land use decisions using the staff review with notice procedures.

      (5)   Notice shall also be given, as required by Government Code § 66451.3, in the case of a conversion of residential real property to a community apartment project, condominium project, or stock cooperative.

      (6)   Notice may be given in any other manner as is deemed necessary or desirable by the Director.

   (b)   Required Information for Notices. The notice shall include sufficient information to give those receiving the notice a reasonable opportunity to evaluate the implications of the proposal and to participate in the decision making process. Furthermore, notices for land use decisions involving subdivisions for which a tentative and final map are required shall inform the recipient of their right to request, before the noticed land use decision date, that the proposal be reviewed by the County under the public hearing procedures.

   (c)   One-Eighth Page Optional Notice. An one-eighth page legal display advertisement in a newspaper of general circulation may be substituted for individual property owner notice whenever the individual notice would require notification of more than 1,000 property owners.

   (d)   Ownership and Addresses of Properties. Ownership and addresses of contiguous and surrounding properties shall be determined from the latest equalized tax assessment role or from other records of the County Assessor or County Tax Collector, whichever contains more recent information.

   (e)   Continued Hearings. During the public hearing, items that are continued by the review authority to a specific date shall not be re-noticed unless specifically requested by the review authority.

(Ord. 4011, passed - -2007)

   In approving an application for a land use decision, the review authority may establish reasonable conditions to its approval that are found to be necessary to protect the public health, safety, and general welfare that are consistent with the General Plan and this Development Code. In an application made subsequent to the initiation of any enforcement action by the County concerning the use of land, a structure(s), and/or the use or occupancy of a structure(s) (as set forth in § 86.09.050) that is the subject matter of that enforcement action, the review authority may establish different time limits as a condition of approval in accordance with § 86.06.060(a). Conditions of approval may be changed through the Chapter 85.12 (Revisions to an Approved Action).

(Ord. 4011, passed - -2007; Am. Ord. 4360, passed --2019)

   Any development project defined in Government Code §§ 65927 and 65928, which is automatically approved in compliance with Government Code § 65956, shall be approved subject to all of the following standard conditions:

   (a)   Allowed Uses. The development project shall be an allowed use in the applicable land use zoning district.

   (b)   Compliance with Plans and Development Code Required. The development project shall be consistent with the General Plan, any applicable specific plan, and this Development Code.

   (c)   Compliance with Public Health, Safety, and Welfare Requirements. The development project shall comply with the public health, safety, and welfare requirements of other public agencies. These agencies include the County Department of Public Works, Fire Department, Special Districts Department and Divisions of Environmental Health Services and Building and Safety.

   (d)   Failure to Comply. Any automatic approval of a development project shall become null and void unless all conditions imposed by this Section have been fully complied with, and the occupancy, use of the land, and use of the proposed or existing structure(s) authorized by the automatic approval, has taken place within 36 months after the date of the automatic approval.

(Ord. 4011, passed - -2007)

   (a)   Provision of Notice. Within ten days of a final decision on an application for a permit or other approval required by this Development Code, the County shall provide notice of its final action to the applicant and to any person(s) who specifically requested notice of the County’s final action and has provided a self addressed stamped envelope.

   (b)   Contents of Notice. The notice shall contain the final decision by the review authority.

(Ord. 4011, passed - -2007)

(Ord. 4244, passed - -2014; Am. Ord. 4360, passed - -2019)

   This Chapter contains the County’s review procedures for an applicant securing a license from the State Department of Alcoholic Beverage Control (ABC).

(Ord. 4011, passed - -2007)

   State law generally requires a local jurisdiction to make a “public convenience or necessity” determination before the ABC will issue a liquor license. (See Division 9 of the Business and Professions Code for specific State requirements and definitions regarding alcoholic beverage control; §§ 23958, 23958.4 and 23817.7 of that Code specifically address State licensing requirements.)

(Ord. 4011, passed - -2007)

   (a)   Action by the Director or Commission.

      (1)   The Director shall review and act upon a request for a letter of “public convenience or necessity” when it is required from the local jurisdiction by ABC.

      (2)   If a request is determined by the Director to be controversial, the request shall be referred to the Commission for action.

      (3)   Requests to appeal the Director or Commission actions shall be filed in compliance with Chapter 86.08 (Appeals).

   (b)   Procedure. Staff review with notice.

   (c)   Review Authority. Director.

   (d)   Notification of License Request. The applicant for an ABC license who has been required by the ABC to obtain from the County a letter of public convenience or necessity must provide notice to owners and occupants of property located within 500 feet of the exterior boundaries of the proposed establishment. The text of the notice shall be in compliance with the guidelines provided by the Department. Such notice shall be given by:

      (1)   Sign. A sign of at least 16 square feet, posted in a conspicuous location on the site of the proposed establishment but not within the clear site triangle of any driveway or intersection. The Department shall take no action until the sign has been in place for 14 consecutive days. The sign must be removed within 14 days of final action by the County.

      (2)   Mail. Notice of the application may be mailed when the applicant can prove to the Department that surrounding property owners and occupants will be as likely to be notified of the application as if by the posting of a sign. The applicant shall provide proof of mailing, and the Department shall take no action until 19 days after such mailing (14 days extended an additional five days for mailing).

   (e)   Finding Required. Before issuing a letter of “public convenience or necessity” for an ABC license, the review authority shall find that the following is true:

      (1)   A public convenience or necessity will be served by the granting of the license.

(Ord. 4011, passed - -2007)

   The Certificate of Land Use Compliance is used to certify the legal use of property, establish termination dates for nonconforming uses, disclose in public record conditions of operation, and any other long term conditions or restrictions that apply to the subject use or property.

(Ord. 4011, passed - -2007)

   (a)   Filing Criteria.

      (1)   The Planning Agency may require the filing of a Certificate of Land Use Compliance as a condition of approval of any land use application.

      (2)   The Certificate shall reflect the information required by the Director and acknowledged by the applicant.

      (3)   The Director shall cause the Certificate to be filed for record with the County Recorder’s Office.

   (b)   Procedure. Staff review without notice.

   (c)   Review Authority. Director.

   (d)   Content. The Certificate shall:

      (1)   Identify the real property involved;

      (2)   Certify that a given use is legally authorized by the County and identify any land use application that was filed to authorize the development; and

      (3)   List the conditions for the development and operation of a use on the subject site including any required time limits for the termination of nonconforming uses or structures.

(Ord. 4011, passed - -2007)

   (a)   Conditional Use Permit. A Conditional Use Permit provides a process for reviewing uses and activities that may be appropriate in the applicable land use zoning district, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.

   (b)   Minor Use Permit. A Minor Use Permit is designed to provide discretionary review for minor projects and intermediate discretionary review for projects that do not meet established development standards.

(Ord. 4011, passed - -2007)

   A Conditional Use Permit or Minor Use Permit, as applicable, shall be required for all new uses allowed in a land use zoning district subject to a Conditional Use Permit or Minor Use Permit in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses) and for any disturbance of land associated with any use subject to a Conditional Use Permit.

(Ord. 4011, passed - -2007)

   (a)   Conditional Use Permits.

      (1)   Procedure. Public hearing.

      (2)   Review Authority. Planning Commission.

      (3)   Review of Design, Location, and Manner of Development. Conditional Use Permits are intended to provide an opportunity to review the design, location, and manner of development of land uses before their implementation.

      (4)   Minor Adjustments and Expansions. Once established, minor adjustments and expansions to the uses that are subject to a Conditional Use Permit may be accommodated through Chapter 85.12 (Revisions to an Approved Action).

    (b)   Minor Use Permits.

      (1)   Procedure. Public Hearing.

      (2)   Review Authority. Director.

      (3)   Review of Design, Location, and Manner of Development. Minor Use Permits are intended to provide an opportunity to review the design, location, and manner of development of land uses before their implementation.

      (4)   Exceptions to Review Authority. The Director shall be the review authority for all Minor Use Permit applications except for the following:

         (A)   Where the Director refers the application to the Commission for consideration and final action; or

         (B)   Where the application is filed concurrently with an application that has a higher review authority (e.g., the Commission or Board), in which case the higher review authority shall prevail.

(Ord. 4011, passed - -2007)

   (a)   General Findings for All Use Permits (Conditional and Minor). The review authority shall first find and justify that all of the following are true before approving a Conditional Use Permit or Minor Use Permit application.

      (1)   The site for the proposed use is adequate in terms of shape and size to accommodate the proposed use and all landscaping, loading areas, open spaces, parking areas, setbacks, walls and fences, yards, and other required features pertaining to the application.

      (2)   The site for the proposed use has adequate access, which means that the site design incorporates appropriate street and highway characteristics to serve the proposed use.

      (3)   The proposed use will not have a substantial adverse effect on abutting property or the allowed use of the abutting property, which means that the use will not generate excessive noise, traffic, vibration, or other disturbance. In addition, the use will not substantially interfere with the present or future ability to use solar energy systems.

      (4)   The proposed use and manner of development are consistent with the goals, maps, policies, and standards of the General Plan and any applicable community or specific plan.

      (5)   There is supporting infrastructure, existing or available, consistent with the intensity of development, to accommodate the proposed development without significantly lowering service levels.

      (6)   The lawful conditions stated in the approval are deemed reasonable and necessary to protect the public health, safety, and general welfare.

      (7)   The design of the site has considered the potential for the use of solar energy systems and passive or natural heating and cooling opportunities.

   (b)   Additional Findings for Minor Use Permits. The review authority shall first find and justify that all of the following additional findings are true before approving a Minor Use Permit application.

      (1)   There are no circumstances that would result in standards or conditions not being able to adequately mitigate environmental impacts.

      (2)   The project is planned for immediate development and does not include a phased development.

      (3)   The project is not likely to result in controversy. If the proposed project fails to satisfy any of the findings identified in this Subdivision, it shall only be processed as a Conditional Use Permit in compliance with this Chapter.

(Ord. 4011, passed - -2007)

   (a)   Types of Projects. Projects and/or uses that meet the following criteria shall not qualify for a Minor Use Permit and shall be processed as a Conditional Use Permit in compliance with this Chapter.

      (1)   Phased projects.

      (2)   Projects required to be filed concurrently with a Final Development Plan (FDP).

      (3)   Projects that require a Health Risk Assessment.

      (4)   Projects on a site with natural slopes of 30 percent or greater on any portion of the sites that are to be developed.

      (5)   Projects greater than 30,000 square feet of structure area in CN (Neighborhood Commercial) and CR (Rural Commercial) land use zoning districts.

      (6)   Projects greater than 40,000 square feet of structure area in CH (Highway Commercial) and CO (Office Commercial) land use zoning districts.

      (7)   Projects greater than 80,000 square feet of structure area in CS (Service Commercial), CG (General Commercial), IC (Community Industrial), IN (Institutional), and IR (Regional Industrial) land use zoning districts.

      (8)   Manufacturing operations less than 80,000 square feet of structure area may also require approval of a Conditional Use Permit if they involve the conversion of raw materials to intermediate or finished products and involve the storage of large amounts of raw materials. These uses include:

         (A)   Chemicals and related products (all similar uses).

         (B)   Clay, glass, and stone products (e.g., brick, concrete, dish, glass, insulation manufacturing, and tile plants).

         (C)   Fabricated metal products (e.g., automobile assembly plants).

         (D)   Food and related products (e.g., flour mills, slaughterhouses).

         (E)   Lumber and wood products (e.g., saw mills).

         (F)   Paper and related products (e.g., paper mills).

         (G)   Petroleum refining and related industries.

         (H)   Primary metal industries (all similar uses).

         (I)   Rubber and miscellaneous plastic products (all similar uses).

         (J)   Textile mill products.

      (9)   Broadcasting antenna or tower with a proposed height that exceeds the maximum allowed height in the subject land use zoning district, not including the extra height allowed by § 83.02.040.

   (b)   Cumulative Impact of Successive Projects. When the cumulative impact of successive projects of the same type on the same parcel or within the same ownership over time exceeds the following thresholds, all new projects in that area shall always require approval of a Conditional Use Permit:

      (1)   Thresholds for number of required parking spaces for uses indicated by “M/C” in Tables 82-4, 82-7, 82-11, and 82-17 in Division 2 (Land Use Districts and Allowed Land Uses); or

      (2)   Thresholds (e.g., square footage of structure area, etc.) indicated in Subdivision (a) (Types of Projects), above.

(Ord. 4011, passed - -2007)

   Any Conditional Use Permit submittal that is determined by the Director to warrant more detailed review shall be forwarded to the DRC for review and recommendation before action by the applicable review authority.

(Ord. 4011, passed - -2007)

   (a)   Review Authority’s Action. The review authority may approve, approve with conditions, or disapprove a Conditional Use Permit for agricultural support services, and shall record the decision and the findings upon which the decision is based.

   (b)   Additional Required Findings. In addition to the findings required in § 85.06.040 (Findings Required) above, when agricultural support services are allowed subject to a Conditional Use Permit, the review authority shall also find and justify that all of the following are true before approving the Conditional Use Permit application.

      (1)   The proposed use is of an appropriate scale and size that will not create a conflict with existing or planned uses of adjacent properties.

      (2)   The proposed use is incidental and subordinate to existing agricultural uses located within the general vicinity.

      (3)   The methods of operation are compatible with existing and planned uses of adjacent properties.

      (4)   The methods of sewage, solid waste, and wastewater disposal are practical, safe, and will not adversely affect surrounding properties and underground water supplies.

      (5)   The approval of the proposed use will not serve to detract from the agricultural character of the area.

      (6)   The proposed use will not have a substantial adverse effect on the service support capacity of the area’s infrastructure including groundwater supply.

(Ord. 4011, passed - -2007)

   (a)   Accommodation of New Structures or Accessory Uses. An existing nonconforming use may be altered to accommodate a new structure or accessory use, except where it is an existing nonconforming use of land and contains no structures, in which case the alteration may not be approved.

   (b)   Additional Required Findings. In addition to the findings required in § 85.060.040 (Findings Required) above, before any alteration/modification of a nonconforming use may be granted, the review authority shall also find and justify that all of the following are true before approving the Conditional Use Permit application.

      (1)   The remaining normal life of the existing nonconforming use is determined to be in compliance with provisions specified in this Development Code before consideration of the proposed alteration if located in a residential land use zoning district.

      (2)   The proposed alteration shall not prolong the normal life of the existing nonconforming use.

      (3)   The alteration of the existing nonconforming use shall not be detrimental to, nor prevent the attainment of, general land uses, objectives, policies, and programs specified in the General Plan or any applicable community or specific plan.

      (4)   The granting of permission to alter the nonconforming use shall not be substantially detrimental to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and land use zoning district in which the use is located.

      (5)   The alteration shall not change the primary use of the land nor increase the intensity of the use unless such change brings the use into greater compliance with current zoning regulations.

      (6)   The existing nonconforming use shall comply with all other existing County regulations, including those applicable to and enforced by the Director, and County Sheriff’s Department.

   (c)   Governmental or Court Actions Exemption. Any alteration required by governmental or court action shall be exempt from compliance with the above listed findings.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

   (a)   Hazardous Waste Overlay District Required. To apply for a Conditional Use Permit for a hazardous waste facility, a General Plan amendment application shall be filed concurrently with the Conditional Use Permit application to ensure that a Hazardous Waste Overlay District is first applied to the subject facility site.

   (b)   County Hazardous Waste Management Plan. For a complete discussion of the review procedures required for a specified hazardous waste facility, refer to § 5.3.3 and Table 5-4 of Chapter 5 of the County Hazardous Waste Management Plan.

(Ord. 4011, passed - -2007)

   State law requires a public hearing review for the Surface Mining and Reclamation process. The Surface Mining and Reclamation Plan application combines a Conditional Use Permit and Reclamation Plan into one application.

(Ord. 4011, passed - -2007)

   The procedures and requirements in Chapter 6 (Time Limitations), and those related to appeals and revocation in Division 6 (Development Code Administration), shall apply following a decision on an application for a Conditional Use Permit or Minor Use Permit.

(Ord. 4011, passed - -2007)

   The purpose of this Chapter is to provide processes for the Floodplain Development Standards Review in compliance with this Development Code.

(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012; Am. Ord. 4333, passed - -2017)

(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012)

      (1)   One foot above the base flood elevation when the FEMA map base flood elevations are shown, as determined from drainage study, or two feet or more above the highest adjacent grade when the base flood elevations are not shown in any area designated as a 100-year floodplain; or

      (2)   One foot above the highest adjacent grade in any area designated as a 100 to 500-year floodplain.

(Ord. 4163, passed - - 2012; Am. Ord. 4333, passed - -2017)

   It is the purpose of this Chapter to provide an expedited process for the County review and authorization of allowed uses and structures that are in compliance with Division 2 (Land Use Zoning Districts and Allowable Land Uses) and the other applicable requirements of this Development Code.

(Ord. 4011, passed - -2007)

   (a)   When Required. A Site Plan Permit shall be required to authorize:

      (1)   Compliance with Division 2. The alteration, construction, or expansion of every legally established use that is allowed by a land use zoning district subject to a Site Plan Permit in compliance with Division 2 (Land Use Zoning Districts and Allowable Land Uses); provided, the use complies with all applicable development standards identified in this Development Code, an adopted specific plan or adopted by the Board;

      (2)   Provision of Additional Parking. A change or expansion of any use that would require the provision of additional parking in compliance with Chapter 83.11 (Parking and Loading Standards); and

      (3)   Publicly Owned Institutional Structures. The alteration, disturbance, or expansion of an existing publicly owned institutional structure that is less than 10,000 square feet in area and is proposed to be expanded by no more than 5,000 square feet.

   (b)   Exceptions. A Site Plan Permit will not be allowed for any project that is located within a City Sphere of Influence, a designated redevelopment area or along a designated State highway. In such cases, the review and approval of a Minor Use Permit, in compliance with Chapter 85.06 will be required.

   (c)   Exempt from CEQA. A Site Plan Permit application shall be determined exempt from the California Environmental Quality Act (CEQA) in compliance with State law and the County’s Environmental Review Guidelines or it shall be processed as a Conditional Use Permit or Minor Use Permit.

(Ord. 4011, passed - -2007)

   (a)   Compliance with Division 5 (Permit Application and Review Procedures). The Site Plan Permit procedure is intended to provide a less complex and more streamlined review than that required for a Conditional Use Permit or Minor Use Permit. The project planner shall review the application in compliance with Division 5 (Permit Application and Review Procedures).

   (b)   Procedure. Staff review with notice.

   (c)   Review Authority. Director.

   (d)   New Construction. In issuing a Site Plan Permit for new construction the Director shall first confirm that the request satisfies all of the following criteria:

      (1)   The structure and use is in compliance with the applicable provisions of this Development Code; and

      (2)   The proposed site and any land use(s) or structure(s) existing on the site shall not be in violation of any applicable provision of this Development Code, except for nonconforming uses and structures in compliance with Chapter 84.17 (Nonconforming Uses and Structures).

   (e)   Reuse of Existing Structure(s). In issuing a Site Plan Permit that proposes to establish a different use in an existing structure, the Director shall first confirm that the request satisfies all of the following criteria in addition to those identified in Subdivision (d), above:

      (1)   The required number of parking spaces and driveway and parking lot improvements shall be provided and maintained in compliance with Chapter 83.11 (Parking and Loading Standards);

      (2)   All on-site signs shall be in compliance with Chapter 83.13 (Sign Regulations); and

      (3)   The proposed use and all existing structures are in compliance with all requirements of previously approved entitlements (e.g., Minor Use Permits, Conditional Use Permits, or Variances, etc.) including conditions of approvals.

   (f)   On-Site Inspection. An application for a Site Plan Permit may require that the Director perform an on-site inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions identified in this Section.

   (g)   Findings. Before granting an application for a Site Plan Permit, the review authority shall make the following findings:

      (1)   The project complies with all applicable development standards identified in this Development Code or adopted by the Board.

      (2)   There is supporting infrastructure, existing or available, consistent with the intensity of development, to accommodate the proposed development without significantly lowering service levels.

      (3)   The proposed use and manner of development are in compliance with the goals, maps, policies, and standards of the General Plan, any applicable community plan or specific plan.

      (4)   The proposed use and manner of development are exempt from the California Environmental Quality Act (CEQA).

   (h)   Rejection or Alternative Processing Required. If the review authority cannot make the required findings listed in Subdivision (g), above, the project will be either rejected or elevated to a Minor Use Permit, as determined appropriate by the Director.

   (i)   Appeal. Appeal of a Site Plan Permit shall be limited to the determination that the land use being requested qualifies for the Site Plan Permit application.

(Ord. 4011, passed - -2007)

   It is the purpose of this Chapter to provide an expedited process for the County review and authorization of allowed uses and changes to existing structures to accommodate the same or a different use. Adjustment of the existing tenant space may be allowed, but not a change in the existing structure footprint or floor area. It is intended that a Tenant Review shall meet all standards of this Code without the necessity of discretionary processes, environmental review or public hearings.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

      (a)   A Tenant Review is required for the first use of a structure that was constructed when the occupant was undetermined or when remodeling an existing structure to meet the needs of a new or existing tenant. However, a Tenant Review shall not be required for an existing structure when all of the following criteria are true:

      (1)   An approved plot plan is on file in the Land Use Services Department.

      (2)   The proposed use is consistent with the current land use zoning district regulations.

      (3)   Parking and design standards are not affected.

      (4)   Planning approval is not required for the proposed use nor has the project been conditioned to require a Tenant Review.

   (b)   The addition of an on-site sign to an approved project may also be approved with a Tenant Review.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

   (a)   Procedure. Staff review without notice.

   (b)   Review Authority. Building Official.

   (c)   Compliance with Criteria. The project shall meet one or more of the following criteria:

      (1)   An application shall be reviewed and approved prior to issuance of building permits for any improvements that require building permits.

      (2)   The structure and use shall conform to an approved plot plan on file in the Land Use Services Department, or if an approved plot plan is not on file, the criteria for acceptance of all Tenant Review applications shall be as determined by the Director.

       (3)   Interior or exterior alterations (e.g., electrical conveyances, interior partitions, or plumbing) shall not result in an increase in the square footage of the structure.

         Tenant Review applications that do not meet the criteria of this Section shall be referred to the Current Planning Division for the appropriate action.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

   The Planned Development Permit is intended to provide for flexibility in the application of Development Code standards to proposed development under limited and unique circumstances. The purpose is to allow consideration of innovation in site planning and other aspects of project design, and more effective design responses to site features, uses on adjoining properties, and environmental impacts than the Development Code standards would produce without adjustment. The County expects each Planned Development Permit project to be of obvious, significantly higher quality than would be achieved through conventional design practices and development standards.

(Ord. 4011, passed - -2007)

   A Planned Development Permit application may be filed and processed only under the following circumstances.

   (a)   Minimum Site Area. A Planned Development Permit may be requested for a residential, commercial, industrial, and/or mixed-use development on a site(s) with a minimum of five acres. The Director may also accept applications for a Planned Development Permit for residential, commercial, industrial, and/or mixed-use development on a site(s) with a minimum of one acre, provided the development involves construction of multiple buildings and the Director determines that the Planned Development process would provide a more effective tool to address development on the site than other available procedures.

   (b)   Timing of Permit. No Building or Grading Permit shall be issued on a site for which a Planned Development Permit is proposed until the Planned Development Permit has been approved in compliance with this Chapter.

(Ord. 4011, passed - -2007)

   (a)   Application Review. Each Planned Development Permit application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this Chapter.

   (b)   Public Hearing. The review authority shall conduct a public hearing on an application for a Planned Development Permit before the approval or disapproval of the Permit. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 86.07 (Public Hearings).

   (c)   Scope of Approval. Planned Development Permit approval may adjust or modify, where determined by the review authority to be necessary and justifiable, any applicable standard of this Development Code (e.g., size, density, height, parking, setbacks, street layout, etc.); provided, the approval shall not authorize a land use that is not allowed in the applicable land use zoning district by Division 2 (Land Use Zoning Districts and Allowable Land Uses).

(Ord. 4011, passed - -2007; Am. Ord. 4205, passed - -2013)

   (a)   Initial Review by the Development Review Committee (DRC). The DRC shall review all applications for preliminary or final development plans before their review by the Director, Commission, and Board.

   (b)   Commission and Board Action Required. The Commission shall review and recommend and the Board shall act upon all initial applications for preliminary development plans and significant revisions to previously approved preliminary development plans for Planned Development Permits.

   (c)   Recommendation for Disapproval. A disapproval action by the Commission shall terminate any application for a Planned Development Permit, unless it is appealed in compliance with Chapter 86.08 (Appeals).

   (d)   Preliminary and Final Development Plans Required. When an applicant chooses to file a final development plan for a project that has not had a preliminary development plan previously approved, the applicant shall file the preliminary and final development plans concurrently.

   (e)   Director to Review and Act upon All Final Development Plans. The Director shall review and act upon all applications for final development plans for a Planned Development Permit; provided, the plans have been determined to be non-controversial and are consistent with the approved preliminary development plans.

   (f)   Non-controversial Defined. A final development plan shall be determined to be non-controversial when no member of the DRC objects to the proposed development plan or any portion of the plan, the applicant is in agreement with the requirements and conditions as proposed, and there has been no objection voiced regarding the proposed project.

   (g)   Controversial Projects Shall Be Referred to the Commission. If the Director determines the project to be controversial the project shall be referred to the Commission for a recommendation to the Board.

(Ord. 4011, passed - -2007)

   (a)   Review Authority’s Action. Following a public hearing, the review authority may approve, approve with conditions, or disapprove a Planned Development Permit, and shall record the decision and the findings upon which the decision is based.

   (b)   Required Findings. Before approving a request for a Planned Development Permit, the review authority shall first find that all of the following are true:

      (1)   The proposed development is consistent with the General Plan and any applicable plan.

      (2)   The physical characteristics of the site have been adequately assessed and the site for the proposed development is adequate in terms of shape and size to accommodate the use and all landscaping, loading areas, open spaces, parking areas, setbacks, walls and fences, yards, and other required features.

      (3)   The site for the proposed development has adequate access, in that the site design and development plan conditions consider the limitations of existing streets and highways and provides improvements to accommodate the anticipated requirements of the proposed development.

      (4)   Adequate public services and facilities exist, or will be provided, in compliance with the conditions of development plan approval, to serve the proposed development and the approval of the proposed development will not result in a reduction of public services to properties in the vicinity to be a detriment to public health, safety, and general welfare.

      (5)   The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or their allowed use, and will be compatible with the existing and planned land use character of the surrounding area.

      (6)   The improvements required by the proposed conditions of development plan approval, and the manner of development adequately address all natural and man-made hazards associated with the proposed development and the project site including fire, flood, seismic, and slope hazards.

      (7)   The proposed development carries out the intent of the Planned Development Permit provisions by providing a more efficient use of the land and an excellence of design greater than that which would be achieved through the application of conventional development standards.

      (8)   If the development proposes to mix residential and commercial uses whether done in a vertical or horizontal manner, the residential use is designed in a manner that it is buffered from the commercial use and is provided sufficient amenities to create a comfortable and healthy residential environment and to provide a positive quality of life for the residents. The amenities may include landscaping, private open space, private or separated entrances, etc.

(Ord. 4011, passed - -2007)

   (a)   Subdivision Applications. Applications for a Planned Development Permit shall not constitute an application for subdivision. If a subdivision of land is proposed in conjunction with a Planned Development Permit project, separate application, review, and findings shall be made in compliance with the applicable provisions of Division 7 (Subdivisions).

   (b)   Expiration of Planned Development Permit Shall Terminate Subdivision Application. In the event a tentative subdivision map application is concurrently filed with a Planned Development Permit application, expiration of an approved or conditionally approved Planned Development Permit shall terminate all proceedings or any associated land use application. No final subdivision map or parcel map of all or any portion of the real property included within a Planned Development Permit shall be filed for record without first processing a new Planned Development Permit application.

(Ord. 4011, passed - -2007)

   (a)   Detailed Development Plan Required. A detailed site plan or development plan shall be submitted with all Planned Development Permit proposals. All development plans shall contain sufficient detail to depict the manner in which the proposed development complies with the purpose and provisions of this Chapter.

   (b)   Planned Development Permit Requests for Large Projects. Planned Development Permit requests for mixed-use projects or projects with more than 500 dwelling units may be submitted in two stages.

      (1)   Preliminary Development Plan (PDP). The first stage shall be referred to as a Preliminary Development Plan.

      (2)   Final Development Plan (FDP). The second stage shall be referred to as a Final Development Plan.

      (3)   Definition of Plans. Preliminary Development Plans and Final Development Plans are defined in the following manner:

         (A)   Preliminary Development Plans. A Preliminary Development Plan (PDP) functions as a development suitability analysis and a comprehensive plan of the proposed developments. The PDP:

            (I)   Identifies and quantifies the constraints and opportunities for development in the following manner:

               (i)   The physical characteristics of the site;

               (ii)   Available public services and facilities;

               (iii)   The capacity of the existing circulation system; and

               (iv)   The existing and planned land use of adjacent properties.

            (II)   Establishes a list of specific limits, parameters, and planning objectives to guide development based on the identified development constraints and opportunities.

            (III)   Describes one or more potential development schemes derived from the limits, parameters, and planning objectives controlling the development. Each proposed development scheme shall describe in detail the:

               (i)   Proposed land uses and approximate distribution of the land uses;

               (ii)   Proposed density of residential uses;

               (iii)   Estimated population;

               (iv)   Estimated service demands;

               (v)   Anticipated impact on the existing circulation system;

               (vi)   Anticipated impact on adjacent properties;

               (vii)   Anticipated types of commercial and industrial uses; and

               (viii)   Relationship of the plan to the various elements of the General Plan and any applicable specific plan.

            (IV)   Identifies in the form of diagrams, maps, and/or written text a detailed plan of development based upon the application of the established limits, parameters, and planning objectives controlling development. The plan shall describe in detail the following:

               (i)   Proposed land uses and structure types, the functional arrangement of the uses and structure types and the relationship to circulation, lighting, parking, paving, recreation and open space areas, screening, setbacks, site, site grading, and adjacent properties;

               (ii)   How the established limits, parameters, and planning objectives have been adhered to;

               (iii)   The level of public services and facilities required by the proposed development and the program for providing, operating, and maintaining the services and facilities;

               (iv)   Access and circulation requirements;

               (v)   Known man-made and natural hazards and methods for mitigation of the hazards;

               (vi)   Significant natural features and areas to be retained for common open space, and provisions for the conservation, preservation, utilization, and maintenance of the areas; and

               (vii)   How the plan conforms to the objectives of the General Plan, any applicable specific plan, and the applicable provisions of this Development Code.

         (B)   Final Development Plans (FDP). The FDP:

            (I)   Is a detailed site plan that identifies the dimensions and location of all uses and structures in sufficient detail to permit the preparation and recordation of construction drawings; and

            (II)   Shall comply with all approved Preliminary Development Plans (PDP).

         (C)   Planned Residential Developments.

            (I)   Planned Residential Developments are residential projects consisting of 500 dwelling units or fewer. Planned Residential Developments are compatible with, and not a significant departure from surrounding land uses, and will be so located in relation to public utility systems and installations that neither the extension nor enlargement of the systems will be required that results in public capital expenditures greater than would develop in a form generally allowed in the area. Planned Residential Developments shall be so located with respect to parks, schools, and other public services and facilities required as to have access in the same degree as would develop in a form generally allowed in the area.

            (II)   Planned Residential Developments not meeting the above criteria shall not be processed under the regulations of this Chapter. Exception, however, residential projects greater than 500 units may be processed as a Planned Residential Development when the Development Review Committee (DRC) determines at the pre-application conference meeting that the project though greater in number of units:

               (i)   Is compatible with, and not a significant departure from, surrounding land uses;

               (ii)   Will not require public capital expenditures for the public utility systems greater than that required for the type of development generally allowed in the area;

               (iii)   Has reasonable access to parks, schools, and other public services and facilities in the same degree as would the type of development generally allowed in the area; and

               (iv)   Otherwise complies with the provisions of this Chapter.

            (III)    The records of the pre-application conference shall specify those findings determining the above criteria have been met.

            (IV)    The provisions of this Chapter shall modify the development standards of any land use zoning district designated for residential uses subject to the review and approval a Planned Residential Development application, in compliance with this Chapter.

            (V)    All land uses within a Planned Residential Development shall conform to the allowed uses of the underlying land use zoning district, except as follows:

               (i)   Residential dwelling units, as defined in Division 12 may be attached or detached.

               (ii)   Certain internally oriented, incidental service uses including civic, community or country clubs, conference centers, or convenience shops designed and intended to provide goods and services to residents of the Planned Residential Development project may be allowed. These incidental service uses shall not be located on the periphery of the project, nor shall the use encompass more than ten percent of the total project area.

            (VI)   The conditions of approval of a Planned Residential Development project shall specifically designate those uses, including types of dwelling units, allowed within the project.

   (d)   Application Procedures for Staged Developments. An application for a Preliminary Development Plan (PDP) shall encompass all of the land included within the Planned Development Permit. A Final Development Plan (FDP) may be for a portion of the land included within the Planned Development Permit or a phase of the Permit; provided:

      (1)   Each phase shall function as a complete and separate development from the remaining phases; and

      (2)   Any densities proposed or open space areas provided within the subject phase shall not result from a transfer of density from adjoining phases.

   (e)   Pre-application Conference. A pre-application conference shall be required for all Planned Development Permit applications. This pre-application conference will acquaint the applicant with the procedural requirements of the Planned Development Permit provisions of this Development Code and the general acceptability of the plan and its compatibility with applicable policies, issues, and development regulations. The conference may be with the Development Review Committee or with selected staff based upon the complexity of the project.

   (f)   Conformance of Plans. Each Final Development Plan (FDP) shall substantially conform to the approved Preliminary Development Plan (PDP).

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

   The time limit and expiration of Planned Development Permit applications shall be in compliance with § 86.06.060 (Time Limits and Extensions).

(Ord. 4011, passed - -2007)

   (a)   Review Authority Action on Requested Changes. Any requested change in the Planned Development Permit, other than those allowed by Subdivision (c), below, shall be submitted to the review authority that originally approved the permit for review and approval following the same review notice and hearing procedures as required for the original approval.

   (b)   Added Conditions. The review authority may, as a condition of approval, impose added changes or conditions to the Planned Development Permit amendment as it deems reasonable and necessary to carry out the purpose and intent of the original Planned Development Permit and this Chapter.

   (c)   Minor Changes by Director. Minor changes in the Planned Development Permit that do not involve an increase in structure area, an increase in the number of dwelling units, or a change of use may be approved by the Director in compliance with § 86.06.070 (Changes to an Approved Project).

(Ord. 4011, passed - -2007)

   The procedures and requirements in Chapter 86.06 (Time Limitations), and those related to appeals and revocation in Division 6 (Development Code Administration), shall apply following a decision on an application for a Planned Development Permit.

(Ord. 4011, passed - -2007)

   The provisions of this Chapter are enacted to control soil erosion pollution and regulate construction of proposed structures that are subject to flood hazards due to storm events within local flood hazard areas that are not within a designated Flood Plain Safety (FP) Overlay District or Floodway (FW) Land Use Zoning District.

(Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009; Am. Ord. 4333, passed - -2017)

   The provisions of this Chapter apply to all unincorporated areas of the County except that § 85.11.020 shall only apply to areas not within a designated FP Overlay District or FW Land Use Zoning District.

(Ord. 4085, passed - -2009; Am. Ord. 4333, passed - -2017)

(Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009; Am. Ord. 4163, passed - -2012; Am. Ord. 4333, passed - -2017)

(Ord. 4085, passed - -2009; Am. Ord. 4333, passed - -2017)

   (a)   Action by the Director or Commission.

      (1)   The Director shall review and act upon a request for a Revision to an Approved Action.

      (2)   If the Director determines that the request requires a public hearing, the Director shall refer the request to the Commission for action.

      (3)   Requests to appeal the Director’s or Commission’s actions shall be filed in compliance with Chapter 86.08 (Appeals).

   (b)   Review Procedure.

   It is the purpose of this Chapter to provide an expedited process for the County review and authorization of a Sign Location Plans in compliance with this Development Code.

(Ord. 4011, passed - -2007)

   (a)   Procedure. Staff review without notice.

   (b)   Review Authority. Director.

   (c)   Findings. Before acting upon a request for a Sign Location Plan, the review authority shall first find all of the following to be true. The construction of the sign structures in compliance with the proposed Sign Location Plan will:

      (1)   Be compatible with the character of the community(ies) in which the sign structures are to be located;

      (2)   Not have an adverse affect upon properties adjoining the proposed sign location; and

      (3)   Be consistent with the policies contained within the General Plan and any applicable specific plan.

(Ord. 4011, passed - -2007)

   Special Use Permits are required to regularly monitor the operation of certain land uses to ensure their continued compatibility with the surrounding property.

(Ord. 4011, passed - -2007)

   Table 85-3 (Special Use Permits) identifies the various types of Special Use Permits with the appropriate review authorities:

 

(Ord. 4011, passed - -2007; Am. Ord. 4331, passed - -2017; Am. Ord. 4341, passed - -2018)

   (a)   Requests for Special Use Permits. The Director shall review and act upon requests for Special Use Permits subject to the findings and conditions for each type of use as identified within the applicable sections of this Development Code that provides for the use.

   (b)   Procedure. Staff review with notice.

   (c)   Review Authority. Director.

   (d)   An Advertised Meeting May Be Held. When necessary, the review authority may conduct an advertised meeting to consider evidence and take testimony before acting upon an application for a Special Use Permit.

(Ord. 4011, passed - -2007)

   (a)   Shall Be Allowed in the Land Use Zoning District. The uses described in this Chapter shall be an allowed use in the subject land use zoning district, subject to the issuance of a Special Use Permit.

   (b)   Disapproval Due to Violation(s). Special Use Permit applications shall be disapproved if there is any violation(s) of this Development Code on the property for which the application is filed and appropriate legal action will be taken to abate the violation(s).

   (c)   Additional Conditions May Be Added. The Director may add additional conditions or requirements as deemed reasonable and necessary to any Special Use Permit.

   (d)   Annual Renewal and Inspections Required. Special Use Permits shall be renewed annually, unless otherwise specified by this Chapter and inspections will be conducted by the Director before each annual renewal.

(Ord. 4011, passed - -2007)

   (a)   Conditional Use Permits. Any use that is the subject of an approved Conditional Use Permit and if required by the conditions of approval shall also be made subject to the issuance of a Special Use Permit.

   (b)   Limited Time Periods May Be Applied. Special Use Permits may be issued for limited time periods. A new application shall be required for renewal of a Special Use Permit.

(Ord. 4011, passed - -2007)

      (1)   The site upon which the bed and breakfast use is to be established, shall conform to all standards of the land use zoning district in which it is located, and the site for the proposed use is adequate in terms of shape and size to accommodate the use and parking areas, setbacks, structure coverage, yards, and other applicable requirements of this Development Code; and

      (2)   The residential character of the neighborhood in which the use is located shall be maintained and preserved and the issuance of the Special Use Permit shall not be significantly detrimental to the public health, safety, and welfare or injurious to the vicinity and land use zoning district in which the use is located.

(Ord. 4011, passed - -2007; Am. Ord. 4341, passed - -2018)

   This Chapter establishes procedures and standards for the granting of Temporary Use Permits for allowed short-term activities. Compliance with applicable standards ensures that the establishment, maintenance, and operation of the short-term activity would not be detrimental to the public health, safety, and welfare of persons residing or working in the neighborhood of the proposed activity.

(Ord. 4011, passed - -2007)

   Table 85-4 (Temporary Use Permits) identifies the various types of Temporary Use Permits with the appropriate review authorities:

 

(Ord. 4011, passed - -2007)

   A Temporary Use Permit (TUP) allows short-term activities that might not meet the normal development or use standards of the applicable land use zoning district, but may otherwise be acceptable because of their temporary nature.

(Ord. 4011, passed - -2007)

   Short-term activities shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid Temporary Use Permit.

(Ord. 4011, passed - -2007)

   (a)   Director’s review. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Development Code.

   (b)   Procedure. Staff review without notice.

(Ord. 4011, passed - -2007)

   (a)   Director’s Authority. Temporary Use Permits may be reviewed and approved or disapproved by the Director, in compliance with this Chapter.

   (b)   Referral to the Commission. The Director may refer any Temporary Use Permit application to the Commission for final action.

(Ord. 4011, passed - -2007)

   The following short-term activities are allowed without the requirement of obtaining a Temporary Use Permit. Short-term activities that do not fall within the following categories shall comply with § 85.15.080 (Allowed Short-Term Activities), below.

   (a)   Construction Yards - On-Site. On-site contractors’ construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the construction project, whichever first occurs.

   (b)   Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Board.

   (c)   Events on Sites Approved for Public Assembly. An event on the site of, or within, a golf course, meeting hall, religious facility, school, theater, or other similar facility designed, and approved by the County for public assembly.

   (d)   Fund-Raising Car Washes.

      (1)   Car washes on property within a commercial, industrial, or institutional zone, limited to a maximum of two days per month for each sponsoring organization.

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

      (3)   Even though fundraising car washes are exempt from obtaining a Temporary Use Permit, they shall still be conducted in compliance with applicable stormwater regulations to minimize potential water quality impacts.

   (e)   Garage Sales. Garage sales, not to exceed four per year, each of which may not exceed three consecutive days.

   (f)   Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the Director. Even though this use is exempt from a Temporary Use Permit, it does require a permit through the Inland Empire Film Commission.

   (g)   Public Property or Public Right-of-Way. Construction and maintenance activities conducted on public properties that are authorized by an Encroachment Permit.

(Ord. 4011, passed - -2007)

   A Temporary Use Permit may authorize the following short-term activities within the specified time limits, but in no event for more than 12 months. Other short-term activities that do not fall within the categories defined below, or within § 85.15.070 (Exempt Short-Term Activities), above, shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.

   (a)   Batch Plants. Batch plants necessary for the construction of major public infrastructure improvements provided proper review in compliance with the California Environmental Quality Act (CEQA) is completed.

   (b)   Construction Yards - Off-Site. Off-site contractors’ construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the construction project, whichever first occurs.

   (c)   Events. Art and craft exhibits, carnivals, circuses, concerts, fairs, farmer’s markets, festivals, flea markets, food events, open-air theaters, outdoor entertainment/sporting events, religious revivals, rummage sales, second hand sales, swap meets, and other special events for up to five consecutive days, or four two-day weekends, within a 12-month period, allowed only on nonresidential properties. Refer to Chapter 85.16 (Temporary Special Event Permits) for specific requirements for a Temporary Special Event Permit.

   (d)   Model Homes. A model home or model home complex may be authorized before the completion of subdivision improvements in compliance with the following standards.

      (1)   The sales office and any off-street parking shall be converted back to residential use and/or removed before the issuance of the Final Occupancy Permit or within 14 days from the sale of the last parcel in the subdivision, whichever first occurs.

      (2)   The model home complex shall be used to sell only units within the subdivision within which the complex is located.

      (3)   Model home permits will be finaled and the model homes will be allowed to be open to the public only after all subdivision improvements are completed and accepted by the County.

      (4)   Model home sign permits will be issued only after all subdivision improvements are completed and accepted by the County.

      (5)   The review authority may require other conditions of approval deemed necessary to protect the public health, safety, and general welfare of persons residing or working in the neighborhood.

   (e)   Seasonal Sales Lots. Seasonal sales activities (e.g., Christmas, Halloween, Thanksgiving, etc.) including temporary residence/security trailers, on nonresidential properties, for up to 45 days.

   (f)   Temporary Occupancy During Construction.

      (1)   Major development projects. Temporary structures and property may be used during the construction phase of an approved major development project (e.g., residential projects with five or more dwelling units or any commercial or industrial project). The structures or property may be used as offices or for the storage of equipment and/or tools.

      (2)   Minor Development Projects. An existing dwelling unit or a temporary structure and property may be used during the construction phase of an approved minor development project (e.g., residential projects with four or fewer dwelling units). The structure or property may be used as a temporary residence, an office, or for the storage of equipment and/or tools.

      (3)   Appropriate Conditions. The permit shall contain reasonable and necessary conditions regarding the following matters:

         (A)   Provisions for adequate ingress and egress.

         (B)   Provisions for the work to be performed on-site.

         (C)   Provisions for the storage of asphalt, concrete, and dirt at designated sites within the subject property; provided, the applicant furnishes a schedule, acceptable to the Director, for the periodic disposal or recycling of these materials.

         (D)   Provisions designed to minimize potential conflicts between the work to be performed on-site and the ordinary business and uses conducted within the County.

      (4)   Length of Permit. The permit may be approved for up to 12 months following the issuance of the companion Building Permit, or upon completion of the subject development project, whichever first occurs.

      (5)   Extension of Permit. The permit may be extended by the Director if a written request for extension is submitted at least 14 days before expiration of the permit and reasonable reasons are provided by the applicant to justify the requested extension (e.g., the delay was caused by reasons beyond the control of the applicant). The permit may be extended for up to an additional 12 months. Multiple extensions may be approved, but in no case shall these extensions exceed a total of five years.

      (6)   Condition of Site Following Completion. All temporary structures and related improvements shall be completely removed from the subject site following expiration of the Temporary Use Permit or within 30 days of completion of the development project, whichever first occurs.

   (g)   Temporary Real Estate Sales Offices. A temporary real estate sales office may be established within the area of an approved subdivision, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum of 12 months from the date of approval.

   (h)   Temporary Structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of 12 months from the date of approval, as an accessory use or as the first phase of a development project.

   (i)   Temporary Work Trailers. A trailer or mobile home used as a temporary work site for employees of a business; provided, that:

      (1)   The use is authorized by a Building Permit for the trailer or mobile home, and the Building Permit for the permanent structure;

      (2)   The use is appropriate because:

         (A)   The trailer or mobile home will be in place during construction or remodeling of a permanent commercial or industrial structure for a maximum of 12 months, or upon expiration of the Building Permit for the permanent structure, whichever first occurs; or

         (B)   The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of 12 months, while a permanent work site is being obtained; and

      (3)   The trailer or mobile home is removed before final building inspection or the issuance of a Certificate of Occupancy for the permanent structure.

   (j)   Similar Temporary Activities. A temporary activity that the Director determines is similar to the other activities listed in this Section and compatible with the applicable land use zoning district and surrounding land uses.

(Ord. 4011, passed - -2007)

   The Director shall establish the following standards based on the type of short-term activity, using the requirements of the applicable land use zoning district, and Divisions 3 (Countywide Development Standards) and 4 (Standards for Specific Land Uses and Activities) for guidance:

   (a)   Structure and Property Development Improvements. Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;

   (b)   Removal of the Activity and Site Restoration. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Development Code; and

   (c)   Time limitation. Limitation on the duration of an approved “temporary structure,” to a maximum of 12 months, so that it shall not become a permanent or long-term structure.

(Ord. 4011, passed - -2007)

   An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter 85.03 (Application Procedures). The application shall include the information and materials specified in the Department handout for Temporary Use Permits. It is the responsibility of the applicant to provide evidence in support of the findings required by § 85.15.110 (Findings and Decision), below.

(Ord. 4011, passed - -2007)

   A Temporary Use Permit shall be approved by the Director only after the Director first finds that the requested short-term activity complies with applicable standards in this Chapter.

(Ord. 4011, passed - -2007)

   The procedures and requirements in Chapter 86.06 (Time Limitations), and those related to appeals and revocation in Division 6 (Development Code Administration), shall apply following a decision on an application for a Temporary Use Permit.

   (a)   Condition of the Site Following Short-term Activity. Each site occupied by a short-term activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Development Code. Performance security may be required before initiation of the activity to ensure cleanup after the activity is finished in compliance with § 86.06.050 (Performance Guarantees).

   (b)   Performance Security for Temporary Structures. Before issuance of a Temporary Use Permit the applicant shall provide performance security in a form and amount acceptable to the Director to guarantee removal of all temporary structures within 30 days following the expiration of the Temporary Use Permit.

(Ord. 4011, passed - -2007)

   The purpose of this Chapter is to establish regulations that will protect the general public health, safety, and welfare under the authority granted to governments by the Constitution of the State of California.

(Ord. 4011, passed - -2007)

   (a)   Director’s Authority. Temporary Special Event Permits may be reviewed and approved or disapproved by the Director, in compliance with this Chapter.

   (b)   Procedure. Staff review without notice.

(Ord. 4011, passed - -2007)

   (a)   General Provisions.

      (1)   Intent. The intent of this Chapter is to provide regulations for the establishment, operation, removal, and cleanup of temporary special events that do not constitute a “land use” of sufficient magnitude or longevity to require permanent land use approval.

      (2)   Permit Required. Except as otherwise provided by the County Code or State law, no person or entity shall advertise, conduct, maintain, operate, or provide admission for any temporary special event within the unincorporated areas of the County without possessing an unexpired, unsuspended, and unrevoked Temporary Special Events Permit from the Department for each temporary special event.

      (3)   Exemptions. The following temporary events are exempt from the requirements of obtaining a Temporary Special Events Permit in compliance with this Chapter:

         (A)   Any sites that have received land use approval (e.g., Conditional Use Permit) to allow temporary special events.

         (B)   Any temporary special events held in County Regional Parks.

         (C)   Any Class I minor event as defined in Division 10 (Definitions) with an anticipated attendance of less than 500 persons per day. This exemption shall not apply to a staging event as defined in § 28.0401 of Title 2 of this Code involving ten or more persons operating off-highway motor vehicles. § 28.0404 of Title 2 requires a Temporary Special Event Permit for such staging events.

         (D)   Any Class II minor event with an anticipated attendance of less than 200 persons per day.

      (4)   Relevant Agencies. The Department shall notify and consult with all relevant County, State, and Federal agencies including the following:

         (A)   The County Departments of Airports, Fire, Public Health, Public Works, Sheriff, and the County Code Enforcement Division;

         (B)   The State of California Departments of Alcoholic Beverage Control, Fish and Game, Highway Patrol, and Transportation; and

         (C)   The U.S. Forest Service, Bureau of Land Management, Bureau of Reclamation, and the U.S. Park Service.

   (b)   Required Information and Timing of Application. Before organizing any temporary special event, the applicant shall supply the information the Department may reasonably require based upon the location, intensity, and level of services required for each proposed temporary special event. Application for events shall be submitted in a complete form in advance of the anticipated commencement of the activity in the following manner:

      (1)   Minor Events.

         (A)   Events Proposed to Operate for the First Time. At least 30 days in advance for a community celebration, and at least 90 days in advance for any other event.

         (B)   Recurring Events. At least 30 days in advance if the event had been previously reviewed and approved.

      (2)   Major Events. At least 180 days in advance.

   (c)   Fees.

      (1)   For major events only, within 60 days of notification by the Department, any County department substantially affected by an event, other than the Sheriff’s Department which is covered under Subdivision (i), below, shall submit a billing to the event applicant (with a copy to the Department) of the estimated total fees and charges of that department pertaining to the special event.

      (2)   All estimated total fees and charges shall be deposited by the event applicant with the affected department(s) at least 60 days before the scheduled opening of the special event.

      (3)   Within 30 days of the end of the special event, the affected County department shall give a final accounting/billing to the event operator (with a copy to the Department).

      (4)   Within 60 days of the end of the special event, the event operator shall deposit all unpaid County departments’ fees and charges and the affected department(s) shall refund any surpluses, as applicable.

   (d)   Bonding and Insurance.

      (1)   Each applicant may be required to provide sufficient liability insurance naming the County as an additional named insured.

      (2)   The insurance shall be sufficient to protect, defend, and indemnify the County, its agents, employees, officers, servants, and volunteers from and against any claim, damage, injury, liability, and loss of any nature arising out of, or in any way connected to, the temporary special event.

      (3)   The amount, quality, and type of the insurance shall be determined in compliance with the policy established by the Risk Management Division.

      (4)   The County may require a bond be posted before the special event to ensure that all conditions are met, including the cleanup and restoration of landscape.

   (e)   Review Procedures.

      (1)   Upon receipt of a completed application and all related fees, the Department shall consult with all applicable agencies and departments.

      (2)   The special event shall comply with the California Environmental Quality Act (CEQA) in compliance with §§ 15301 and 15304 of the CEQA Guidelines.

      (3)   If the special event has the potential to cause adverse environmental impacts, an environmental review of the proposed event shall be conducted in compliance with the County Code and CEQA.

      (4)   An additional environmental review fee will be required.

      (5)   After an environmental determination has been made, or if one is not required, the Director:

         (A)   May refer any Temporary Special Event Permit application directly to the Board for consideration;

         (B)   May require a Conditional Use Permit or other appropriate land use permit and approval where the magnitude or longevity of the use requires the permit and/or approval; and

      (C)   Shall notify the applicant of the Sheriff’s determination, if the Sheriff has determined in compliance with Subdivision (i), below, that no permit should be issued.

   (f)   Permits Nontransferable. Any permit issued in compliance with this Chapter shall not be transferable to any other date, organization, person, place, or time.

   (g)   Posting. Every permit required by this Chapter shall be conspicuously posted upon the premises of the temporary special event in a manner specified by the Department.

   (h)   Permit Conditions. The Director, the Sheriff, and the Board shall take into consideration all relevant information when determining the approval or disapproval and any necessary conditions for a requested temporary special event permit, including the following:

      (1)   Adequate office space(s) and communication equipment for all regulatory personnel on site by the permit holder;

      (2)   Bonding and insurance requirements;

      (3)   Cleanup trash disposal;

      (4)   Communication, including temporary or additional telephones and an adequate public address system;

      (5)   Consideration of the impositions upon adjacent properties and the local communities;

      (6)   Electrical illumination requirements;

      (7)   Fire protection, including location of fire hydrants and supplemental water sources;

      (8)   Food concessions;

      (9)   Inclement weather contingencies;

      (10)   Medical/first aid facilities;

      (11)   News releases required;

      (12)   Noise impact(s) (An applicant’s request to play or broadcast music, especially between the hours of 11:00 p.m. and 7:00 a.m., shall be evaluated and determined based on all relevant information including the following: the proximity to the nearest residence, business, or other occupied land use; the topography of the site and relevant surrounding area; and the time limits the music is proposed to be played);

      (13)   Overnight camping problems;

      (14)   Restoration of landscape;

      (15)   Sanitation facilities;

      (16)   Site(s) upon which the temporary special event is to occur, and the provisions for adequate ingress/egress and adequate parking including provisions for special traffic guards or signals;

      (17)   Topographical and ecological considerations and consideration of alternative sites;

      (18)   Water facilities; and

      (19)   Final accounting procedures, billings, and/or reimbursements.

   (i)   Police Protection - Sheriff’s Determination.

      (1)   Upon receipt of the special event application from the Department, the Sheriff’s Department shall take into consideration all relevant information when determining their recommendation for the approval or disapproval and any necessary conditions for a requested temporary special event permit, including those items identified in Subdivision (h), above, and the following:

         (A)   Applicants’ previous relevant experience and background;

         (B)   Control of alcoholic beverages and dangerous substances;

         (C)   Crowd control measures;

         (D)   Emergency evacuation procedures;

         (E)   News releases;

         (F)   Police protection; and

         (G)   Provisions for special accessway(s) for emergency vehicles.

      (2)   If the Sheriff determines, for any of the following reasons, that the event will endanger the public health, peace, safety, or welfare, no permit shall be issued. The grounds for disapproval by the Sheriff are any one of the following:

         (A)   Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail;

         (B)   Another Special Event Permit application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the Sheriff is unable to meet the needs for law enforcement services for both events;

         (C)   The route, size, or time of the special event will substantially interrupt the safe and orderly movement of traffic contiguous to the event route or site, or disrupt the use of a street at a time when it is usually subject to great traffic congestion;

         (D)   The concentration of animals, persons, and vehicles at the site of the special event, or the assembly and disbanding areas around an event, will prevent proper ambulance, fire, law enforcement, or paramedic services to areas contiguous to the event;

         (E)   The size of the special event will require diversion of so great a number of Sheriff’s deputies to ensure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the County. Nothing within this Section authorizes disapproval of a permit because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed to allow for adequate protection of event participants with the number of law enforcement officers available to police the event;

         (F)   The location of the special event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the County streets, or a previously-granted Encroachment Permit; or

         (G)   The special event would occur at a time when a school is in session at a location or route adjacent to the school or one of its classes, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or one of its classes.

      (3)   When the grounds for disapproval of a permit specified in Subdivisions (B) through (G), above, can be corrected by altering the date, duration, location, route, or time of the special event, the Sheriff shall, instead of disapproving the application, conditionally recommend approval of the application upon the applicant’s acceptance of conditions for permit issuance. The conditions imposed shall provide for only the modification of the applicant’s proposed event as may be necessary to achieve compliance with Subdivisions (B) through (G), above.

      (4)   If the Sheriff determines that the special event will not endanger the public health, peace, safety, or welfare, the Director shall be advised of the Sheriff’s determinations and recommendations.

      (5)   If the Sheriff determines that the special event will endanger the public health, peace, safety, or welfare, unless the applicant obtains extra police protection, the Director shall be advised of the Sheriff’s requirements for extra police protection as a mandatory condition for the issuance of a permit.

      (6)   Where the Sheriff specifies the employment of off-duty peace officers, and/or reserve peace officers, to meet the requirements of this Chapter, the peace officers shall be under the complete direction of the Sheriff. The Sheriff shall require that the requisite number of peace officers be provided at all times of operation, plus any specified time before and following the special event, before the Sheriff recommends approval of the permit.

      (7)   The employment of the specified number of law enforcement officers shall be at the expense of the applicant, the expense to be calculated in compliance with the County’s fee provisions pertaining to public gatherings, and shall be paid in full 30 days in advance of the special event.

      (8)   The Sheriff shall determine whether regular or reserve officers are to be utilized based on availability, the nature of the assignment, and the number of officers needed to ensure the safety and welfare of the public during the special event.

   (j)   Requests for Law Enforcement Services at Temporary Special Events.

      (1)   Any person or entity not required to obtain a permit in compliance with the provisions of this Chapter may request law enforcement services to preserve the peace at temporary special events.

      (2)   The application shall be made to the Sheriff and shall be in writing, stating the name and address of the applicant, the place where the temporary special event is to be held, the estimated number of persons to be present, and the purpose of the temporary special event.

      (3)   Upon receipt of the application, the Sheriff shall determine whether law enforcement services are necessary to preserve the peace, and if the Sheriff so determines, and if the services will not reduce the normal and regular on-going service that the County would otherwise provide, the Sheriff shall contract with the applicant to provide the services at an amount to cover all related costs to the County.

      (4)   The costs shall be calculated in compliance with the County’s fee provisions pertaining to public gatherings.

   (k)   Permit Expiration. A Temporary Special Event Permit shall expire in compliance with the terms of the permit.

   (l)   Complaints. Any interested person may file a complaint with the Department, the Sheriff, or the Board, or petition for a suspension or revocation of any Temporary Special Event Permit issued in compliance with this Chapter.

   (m)   Grounds for Suspension or Revocation. The Director or the Sheriff may suspend, and the Director may revoke, any Temporary Special Event Permit issued in compliance with this Chapter based upon reasonable causes, which may include any one of the following:

      (1)   Nonpayment of required fees to the County or its agents;

      (2)   Violation of any permit condition;

      (3)   Violation of any law involving the operation of the temporary special event;

      (4)   Any disorderly conduct or use of dangerous substances caused by the operation of the temporary special event; or

      (5)   Information contained in the application, or supplemental information requested from the applicant, is found to be false in any material detail.

   (n)   Suspension.

      (1)   The Director or the Sheriff may summarily suspend any Temporary Special Event Permit if the Director or Sheriff finds or reasonably suspects that operation of the event may constitute an immediate public health or safety hazard.

      (2)   At the time of suspension, the Director or Sheriff shall issue a written notice to the permit holder stating the grounds for the suspension and notifying the permit holder of the right to a hearing on the suspension.

      (3)   If a written request for hearing is filed with the Director within 15 calendar days after the receipt of the notice, the Director shall provide a hearing within five days of receipt of the written request for a hearing.

      (4)   If the suspension notice is given on or within 25 days of the start date of the special event, the Director shall take reasonable steps to expedite the hearing process.

      (5)   The hearing may be continued from time to time.

      (6)   At the conclusion of the hearing, the Director shall render a decision.

      (7)   The Director may continue the suspension in effect until the Director determines the grounds for suspension no longer exist.

      (8)   If an urgent situation exists relative to the public health, safety, or welfare for a specific special event, an emergency suspension may be executed by the Director to be effective immediately.

   (o)   Revocation.

      (1)   The Director may commence revocation proceedings by mailing a notice not less than ten days before the date set for hearing, informing the permit holder of the causes for revocation and the time and place at which the revocation matter will be heard.

      (2)   If the revocation notice is given on or within 25 days of the start date of the event, the Director shall take reasonable steps to expedite the hearing process.

      (3)   The hearing may be continued from time to time.

      (4)   A revocation hearing may be held concurrently with a suspension hearing.

      (5)   At the conclusion of the hearing, the Director shall render a decision.

      (6)   If an urgent situation exists relative to the public health, safety, or welfare for a specific special event, an emergency revocation may be executed by the Director to be effective immediately.

   (p)   Violations/Remedies. It shall be unlawful for any person to do any of the following:

      (1)   Advertise, conduct, or operate a temporary special event without first possessing an unexpired, unsuspended, unrevoked Temporary Special Event Permit for each event.

      (2)   Distribute, give, or sell admission passes or tickets to any temporary special event without first possessing an unexpired, unsuspended, unrevoked Temporary Special Event Permit for each event.

      (3)   Operate any temporary special event in a manner that would create a public or private nuisance.

      (4)   Conduct, exhibit, or show within the place of the temporary special event any activity that violates California State law or any County ordinance.

      (5)   Knowingly allow any person on the site of the temporary special event to cause or create a disturbance in, around, or near any place of the temporary special event by offensive or disorderly conduct.

      (6)   Knowingly allow any person to consume, distribute, possess, or sell any alcoholic beverage on the site of the temporary special event, except as expressly allowed as a condition of the permit and in compliance with the laws and regulations enforced by the State Department of Alcoholic Beverage Control.

      (7)   Knowingly allow any person to consume, distribute, possess, or sell any controlled drug or dangerous substance in, around, or near any place of the temporary special event.

      (8)   Knowingly broadcast or play any live, recorded, or synthesized music after 11:00 p.m. or before 7:00 a.m. at the site of a temporary special event, except as expressly authorized as a condition of a Temporary Special Event Permit.

   (q)   Events Conducted Without Required Permit(s). Any temporary special event conducted without the required permit(s) is subject to closure at anytime during the event. The promoter, business owner, and/or landowner may be subject to cost recovery by the agencies participating in the closure.

   (r)   Temporary Special Events on Federal or State Land. When temporary special events have received a complete land use approval by a Federal or State agency, including the Bureau of Land Management and the U.S. Forest Service and is properly certified to the Department, the Director may, upon consultation with and approval of the Sheriff, limit or waive any or all the provisions of this Chapter as they are determined to be adequately controlled by the Federal or State agency.

   (s)   Off-Road Vehicle Race Criteria. The Director shall use the following criteria to review off-road vehicle races.

      (1)   Any portion of the race course traversing private land shall be on an improved public easement or traveled way that has been primarily maintained by the use of hand or power machinery or tools in order to allow relatively regular and continuous use; or maintained by the passage of vehicles so as to constitute a well defined and adequate route of travel for the types of vehicles intended for use in the special event. Any applicable permit(s) shall first be obtained for the use of County-maintained flood control easements, roads, or other routes.

      (2)   No spectators shall be allowed, or activities conducted other than the passage of vehicles on any portion of the private property, road, or route.

      (3)   No passing shall be allowed on the road or route unless it has adequate width to permit safe passage of two race vehicles abreast without necessitating travel off the designated course.

      (4)   The race route on private lands shall pose no undue or extraordinary hazards to the participants or the general public.

      (5)   The race shall not adversely affect any sensitive environmental resources on private lands in compliance with the determination made during the environmental review.

      (6)   The owner(s) of the private property to be crossed by the temporary special event has/have issued written permission to the individual(s) conducting the race to authorize use of the private property.

(Ord. 4011, passed - -2007)

   In addition to the provisions specified in this Chapter, the procedures and requirements in Chapter 86.06 (Time Limitations), and those related to appeals and revocation in Division 6 (Development Code Administration), shall apply following a decision on an application for a Temporary Special Event Permit. In the case of a conflict, the provisions of this Chapter shall prevail.

   (a)   Condition of the Site Following Short-term Activity. Each site occupied by a short-term activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Development Code. Performance security may be required before initiation of the activity to ensure cleanup after the activity is finished in compliance with § 86.06.050 (Performance Guarantees).

   (b)   Performance Security for Temporary Structures. Before issuance of a Temporary Special Event Permit the applicant shall provide performance security in a form and amount acceptable to the Director to guarantee removal of all temporary structures within 30 days following the expiration of the Temporary Special Event Permit.

(Ord. 4011, passed - -2007)

   A Variance (either Major or Minor) provides a process for County consideration of requests to modify certain standards of this Development Code when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same land use zoning district.

(Ord. 4011, passed - -2007)

   A Variance may be granted to modify any requirement of this Development Code except: allowed land uses; residential density; specific prohibitions (for example, prohibited signs), or procedural requirements.

(Ord. 4011, passed - -2007)

   Each application shall be reviewed by the Director to ensure that the proposal complies with this Chapter, and all other applicable requirements of this Development Code.

   (a)   Procedure. Staff review with notice.

   (b)   Review Authority. Director.

   (c)   Notice. Before a decision on a Variance, the County shall provide notice in compliance with § 85.03.080 (Notice of Pending Land Use Decisions).

      (1)   Notice. The notice shall state that the Director will decide whether to approve or disapprove the Variance application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. The request for a hearing shall be based on issues of significance directly related to the application (e.g., provision of evidence that the request cannot meet one or more of the findings identified in § 85.17.060 [Findings and Decision], below).

      (2)   If Hearing Is Requested. If a public hearing is requested, the Director shall schedule the hearing, which shall be noticed and conducted in compliance with Chapter 86.07 (Public Hearings).

      (3)   If No Hearing Is Requested. If no public hearing is requested, the Director shall render a decision on the date specified in the notice referred to in Subdivision (c)(1) above.

(Ord. 4011, passed - -2007)

   (a)   Types of Minor Variances Allowed. The Director may grant a Minor Variance to reduce any of the following requirements of this Development Code up to the maximum specified in the Table 85-5 (Types of Minor Variances Allowed), below.

 

   (b)   Major Variances. Any request for a Variance, other than a Minor Variance, shall be termed a Major Variance.

   (c)   Referral to the Commission. The Director may choose to refer any Variance application to the Commission for hearing and final action.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4085, passed - -2009)

   An application for a Variance (Major or Minor) shall be prepared, filed, and processed in compliance with Chapter 85.03 (Application Procedures). The application shall include the information and materials specified in the Department handout for Variances. It is the responsibility of the applicant to provide evidence in support of the findings required by § 85.17.060 (Findings and Decision), below.

(Ord. 4011, passed - -2007)

   (a)   General Findings. The review authority may approve a Variance (Major or Minor) only after first finding all of the following:

      (1)   The granting of the Variance will not be materially detrimental to other properties or land uses in the area and will not substantially interfere with the present or future ability to use solar energy systems;

      (2)   There are exceptional or extraordinary circumstances or conditions applicable to the subject property or to the intended use that do not apply to other properties in the same vicinity and land use zoning district;

      (3)   The strict application of the land use zoning district deprives the subject property of privileges enjoyed by other properties in the vicinity or in the same land use zoning district; and

      (4)   The granting of the Variance is compatible with the maps, objectives, policies, programs, and general land uses specified in the General Plan and any applicable specific plan.

   (b)   Findings for Off-site Parking Variance. The approval of a Variance to allow some or all of the parking spaces required for a nonresidential project to be located off-site, or to allow in-lieu fees or facilities instead of the required on-site parking spaces, shall require that the review authority first make both of the following findings in compliance with Government Code § 65906.5, instead of those required by Subdivision (a), above.

      (1)   The Variance will be an incentive to, and a benefit for, the nonresidential development; and

      (2)   The Variance will facilitate access to the nonresidential development by patrons of public transit facilities.

(Ord. 4011, passed - -2007)

   In approving a Variance (Major or Minor), the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by § 85.17.060 (Findings and Decision), above. The violation of any required condition shall constitute a violation of this Chapter and may constitute grounds for revocation or modification of the Variance in compliance with § 86.09.070 (Revocation or Modification).

(Ord. 4011, passed - -2007)

   The procedures and requirements in Chapter 6 (Time Limitations), and those related to appeals and revocation in Division 11 (Development Code Administration), shall apply following a decision on an application for a Variance.

(Ord. 4011, passed - -2007)

   As allowed by Government Code § 65892.13, the purpose of this Chapter is to provide a uniform and comprehensive set of standards, conditions, and procedures for the placement of accessory wind energy systems on parcels in unincorporated areas of the County in order to encourage the generation of electricity for on-site use, thereby reducing the consumption of electrical power supplied by utility companies. These regulations are intended to ensure that accessory wind energy systems are designed and located in a manner that minimizes visual and safety impacts on the surrounding community.

(Ord. 4011, passed - -2007)

(Ord. 4011, passed - -2007; Am. Ord. 4098, passed - -2010; Am. Ord. 4188, passed - -2012)

      (1)   The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscaping and other features pertaining to the proposed use.

      (2)   The site for the proposed use has adequate access (i.e., the site design incorporates street and highway limitations).

      (3)   The proposed use will not have a substantial adverse effect on adjacent property or the use of the adjacent property (e.g., excessive noise, vibration, traffic, other disturbance, etc.) and will not have a substantial visual impact on adjacent property.

      (4)   The proposed use is consistent with the goals, policies, standards and maps of the General Plan and any applicable Community Plan or Specific Plan.

      (5)   The lawful conditions stated in the approval are deemed necessary to protect the public health, safety, and general welfare.

(Ord. 4011, passed - -2007; Am. Ord. 4188, passed - -2012)

   Under normal occupancy, an accessory wind energy system that is not operated for a continuous period of 12 months shall be considered abandoned. The owners of the system shall remove all structures within 90 days of receipt of notice from the County advising the owner of the abandonment. If the system is not removed within 90 days, the County may remove all structures at the owner’s expense.

(Ord. 4011, passed - -2007)

   The purpose of this Chapter is to provide a reference to regulations governing operation of food trucks in the incorporated and unincorporated areas of the County.

(Ord. 4170, passed - -2012; Am. Ord. 4280, passed - -2015)

(Ord. 4170, passed - -2012; Am. Ord. 4258, passed - -2014; Am. Ord. 4280, passed - -2015)

   It is the purpose of this Chapter to provide an expedited process for the County review and authorization of small unlicensed residential care facilities in compliance with all applicable requirements of this Development Code.

(Ord. 4230, passed - -2014)

   (a)   When Required. An unlicensed residential care facilities permit shall be required to authorize:

      (1)   Compliance with Division 2 (Land Use Zoning District and Allowed Land Uses). The establishment of a small unlicensed residential care facility serving six or fewer persons that is allowed by a Land Use Zoning District subject to a residential care facilities permit in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses); provided, the use complies with all applicable performance standards identified in this Development Code as provided in Chapter 84.32 (Small Unlicensed Residential Care Facilities);

      (2)   An Existing Unlicensed Residential Care Facility Use. The operator of an existing unlicensed residential care facility that does not have a permit issued in compliance with this Chapter must seek the issuance of an unlicensed residential care facility permit to continue the use. If the facility is not a small unlicensed residential care facility but is serving seven or more persons in a RM (Multiple Residential) Land Use Zoning District, the operator must seek and obtain an approved Conditional Use Permit. The operator may also seek a reasonable accommodation for this use.

      (3)   Change of Operator. Any time that there is a change of operators of an existing facility a new permit must be obtained in that, contrary to other permits required by this Code, the unlicensed residential care facility permit is issued to the operator as opposed to the use to ensure any and all new operators commit to complying with the standards set forth in Chapter 84.32.

   (b)   Exempt from CEQA. An unlicensed residential care facilities permit application shall be determined exempt from the California Environmental Quality Act (CEQA) in compliance with state law and the County’s Environmental Review Guidelines or it shall be processed as a Conditional Use Permit or Minor Use Permit.

(Ord. 4230, passed - -2014)

   (a)   Compliance with Division 5 (Permit Application and Review Procedures). The unlicensed residential care facilities permit procedure is intended to provide a less complex and more streamlined review than the review required for a Conditional Use Permit or Minor Use Permit. The project planner shall review the application in compliance with Division 5 (Permit Application and Review Procedures).

   (b)   Procedure. Staff review without notice.

   (c)   Review Authority. Director.

   (d)   New Construction. In issuing an unlicensed residential care facilities permit for new construction the Director shall first confirm that the request satisfies all of the following criteria:

      (1)   The unlicensed residential care facility is in compliance with the applicable provisions of Chapter 84.32 (Unlicensed Residential Care Facilities) of this Development Code; and

      (2)   The proposed site and any unlicensed residential care facility existing on the site shall not be in violation of any applicable provision of this Development Code, except for nonconforming uses and structures in compliance with Chapter 84.17 (Nonconforming Uses and Structures).

   (e)   Reuse of Existing Structure(s). In issuing an unlicensed residential care facilities permit that proposes to establish an unlicensed residential care facility in an existing structure, the Director shall first confirm that the request satisfies all of the following criteria in addition to those identified in Subdivision (d), above:

      (1)   The required number of parking spaces and driveway and parking lot improvements shall be provided and maintained in compliance with Chapter 83.11 (Parking and Loading Standards);

      (2)   The proposed facility and all existing structures are in compliance with all requirements of previously approved entitlements (e.g., Minor Use Permits, Conditional Use Permits, or Variances, etc.) including conditions of approvals.

   (f)   On-Site Inspection. An application for an unlicensed residential care facilities permit may require that the Director perform an on-site inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions identified in this Section.

   (g)   Contact Person. The contact information for the owner/operator of the project will be extracted from the application of all approved permits and posted on the Land Use Services website to include the following information: name, mailing address, email address and phone number.

   (h)   Findings. Before granting an application for an unlicensed residential care facilities permit, the review authority shall make the following findings:

      (1)   The project complies with all applicable performance standards identified in this Development Code.

      (2)   There is supporting infrastructure, existing or available, consistent with the intensity of development, to accommodate the proposed development without significantly lowering service levels.

      (3)   The proposed use and manner of development are in compliance with the goals, maps, policies, and standards of the General Plan, and any applicable community plan or specific plan.

      (4)   The proposed unlicensed residential care facility and manner of development are exempt from the California Environmental Quality Act (CEQA).

   (i)   Rejection or Alternative Processing Required. If the review authority cannot make the required findings listed in Subdivision (h), above, the project will be either rejected or elevated to a minor use permit, as determined appropriate by the Director.

   (j)   Appeal. Appeal of an unlicensed residential care facilities permit shall be limited to the determination that the land use being requested qualifies for the unlicensed residential care facilities permit application.

   (k)   Revocation of Permit. If, after the approval of an unlicensed residential care facilities permit, the provisions of Chapter 84.32 are violated, the Code Enforcement Division of the Land Use Services Department will issue a notice of violation detailing the discrepancies with this Development Code. If such violations are not corrected within 30 days of the receipt of the notice of violation, the unlicensed residential care facilities permit shall be revoked using the procedures set forth in § 86.09.170.

(Ord. 4230, passed - -2014)