In compliance with the authority granted to local jurisdictions by the State’s Government Code, a Planning Agency is hereby established.

   (a)   Board. The Board shall act as the Planning Agency for land use applications that require a public hearing and legislative action, and for those that are referred or appealed to the Board in compliance with Table 85-1 (Review Authority), Table 85-3 (Special Use Permits) and Table 85-4 (Temporary Use Permits).

   (b)   Commission. The Commission shall act as the Planning Agency for land use applications that require a public hearing and for those that are referred or appealed to the Commission in compliance with Table 85-1 (Review Authority), Table 85-3 (Special Use Permits) and Table 85-4 (Temporary Use Permits).

   (c)   Director. The Director shall act as the Planning Agency for land use applications including those requiring a public hearing, staff review with notice, and staff review without notice in compliance with Table 85-1 (Review Authority), Table 85-3 (Special Use Permits) and Table 85-4 (Temporary Use Permits).

   (d)   Zoning Administrator. The Zoning Administrator may act in the place of the Director for land use applications within the Director’s authority to approve

   (e)   Compliance with Division 5. As applicable and in compliance with Division 5 (Permit Application and Review Procedures), other County Department Heads when needed, as determined by the Director, shall act as the Planning Agency for those land use applications requiring oversight by that department. In these instances, the other County Department Heads, where applicable, shall coordinate with the Director regarding the functions detailed by this Chapter for the Director.

   (f)   Implementation of State Planning and Land Use Law. The Director shall act as the Planning Agency when preparing required documents to implement State Planning and Land Use Law (Government Code §§ 65000 et seq.), and other land use planning related State laws.

(Ord. 4011, passed - -2007)

   (a)   Functions of Planning Agency. The Planning Agency shall be responsible for performing all of the following functions:

      (1)   Prepare, periodically review, and revise as necessary the General Plan.

      (2)   Implement the General Plan through actions including the administration of community plans, land use zoning districts, specific plans, and subdivision ordinances.

      (3)   Annually review the capital improvement program of the County and the public works projects of other local agencies for their consistency with the General Plan.

      (4)   Promote public interest in, comment on, and understanding of the General Plan, and regulations relating to it.

      (5)   Consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally concerned with implementation of the General Plan.

      (6)   Promote the coordination of local plans and programs with the plans and programs of other public agencies.

      (7)   Perform other functions as required by the Board, including conducting studies and preparing plans other than those required or authorized by Government Code §§ 65000 et seq.

   (b)   Compliance with the CEQA. The Planning Agency shall be responsible for determining the adequacy of Environmental Impact Reports and other special reports in compliance with the California Environmental Quality Act (CEQA) and the County’s Environmental Review Procedures.

   (c)   Certification of Environmental Documents. The Planning Agency shall be responsible for certification of Environmental Impact Reports and the filing of either a Notice of Determination or Notice of Exemption on each approved project.

   (d)   Review of Land Use Applications. The Planning Agency shall have the authority to approve, conditionally approve, or disapprove all land use applications and make related environmental review determinations, including the authority to impose mitigation measures as conditions of approval. The land use applications include all designs, maps, plans, and other forms of application for development, subdivision, or use of property.

   (e)   Commission’s Review of Need for EIR Preparation. The Planning Agency shall only consider environmental review decisions in conjunction with the consideration of a related project. However, the Commission may, when necessary, consider separately the decision by the Director to require the preparation of an Environmental Impact Report before the preparation.

   (f)   Director’s Duties. In addition to the above listed functions, the Director, as part of the Planning Agency, shall have the following duties.

      (1)   Making investigations and reports on the design and improvements of proposed subdivisions and other land use applications affecting the development of real property and to make or recommend imposition of requirements or conditions on the applications;

      (2)   The preliminary screening of projects to determine which projects are exempt from, and which projects are subject to, the requirements of the California Environmental Quality Act (CEQA), and the preparation, filing, and distribution of environmental documents as appropriate;

      (3)   Conducting Initial Studies and making determinations or recommendations as to whether a Negative Declaration or Notice of Exemption will be issued or whether an Environmental Impact Report will be required;

      (4)   Determining or recommending whether an Environmental Impact Report on a multi-phased project that requires subsequent discretionary actions by the County adequately describes the impacts of the phase of the project under consideration;

      (5)   Reviewing reports to determine or recommend whether a proposed project may have a significant adverse effect on the environment;

      (6)   Preparing documents for the implementation of State Planning and Land Use Law (Government Code §§ 65000 et seq.) and other miscellaneous planning related laws. These documents shall include administrative policies, procedures, ordinances, resolutions, and land use application filing forms, information, and requirements, and other public information documents; and

      (7)   Acting as or appointing the Zoning Administrator for purposes of complying with Government Code §§ 65900 et seq.

   (g)   Zoning Administrator’s Duties. The duties of the Zoning Administrator shall be in compliance with Government Code §§ 65900 et seq. and § 86.01.010(d) (Zoning Administrator), above.

   (h)   Appeal. Actions of the Director and the Zoning Administrator shall be appealable to the Commission and then to the Board in compliance with Chapter 86.08 (Appeals). The appeal of some actions taken by the Director or Zoning Administrator may only by the Planning Commission in compliance with Chapter 86.08 (Appeals).

(Ord. 4011, passed - -2007)

   The procedures followed by the Planning Agency shall be specified by this Development Code, including the associated administrative policies and procedures for all application reviews.

(Ord. 4011, passed - -2007)

   A Development Review Committee is hereby established to act in a technical capacity for the Planning Agency. The Development Review Committee is referred to in this Development Code as the DRC.

(Ord. 4011, passed - -2007)

   (a)   Designated Members. The DRC shall consist of the following members or their duly authorized designees:

      (1)   The Director, who shall serve as the DRC Chairperson;

      (2)   The Building Official;

      (3)   The Chief Engineer of the San Bernardino County Flood Control District;

      (4)   The Chief of the Environmental Health Services Division;

      (5)   The County Fire Marshal;

      (6)   The County Surveyor;

      (7)   The Director of the Department of Airports;

      (8)   The Director of Public Works;

      (9)   The Director of Special Districts; and

      (10)   The Local Agency Formation Commission.

   (b)   Additional Responsibilities of the County Fire Marshal. On projects which affect other fire agencies, departments, or organizations which are independent of the authority, responsibilities, or jurisdiction of the County Fire Marshal, the Fire Marshal shall coordinate and receive the comments of the agencies, departments, or organizations and shall ensure that their comments are considered in the examinations and recommendations of the DRC.

   (c)   Oversight by Commission Representative. In addition, the Commission Chairperson, or other Commission member designated by the Chairperson, shall attend and observe each meeting of the DRC. The Commission representative may require that a project be referred to the Commission for action at a public hearing.

(Ord. 4011, passed - -2007)

   It shall be the duty of the DRC to review and make recommendations to the Planning Agency regarding any of the following matters:

   (a)   Tentative Maps. All Tentative Maps involving five or more parcels, including those specifically exempted from the requirement for a Final Map.

   (b)   Planned Development Permits. All Planned Development Permits.

   (c)   Associated Land Use Applications. Any associated land use application that is related to a project already being reviewed by the DRC, including requests for a General Plan amendment or Variance.

   (d)   As Directed by the Planning Agency. Any other project or action deemed by the Planning Agency to require the review and recommendation of the DRC.

   (e)   Review by the DRC. The DRC shall review and identify the technical design features which are necessary to protect the public health, safety, and welfare, including adequate traffic and pedestrian circulation, proper grading, and proper erosion control, including the prevention of sedimentation, or flood damage to off-site property. In addition, the DRC shall consider the adequacy of existing public facilities and services and any fire-hazard problems that may pose a threat to life, property, or the environment.

(Ord. 4011, passed - -2007)

   The DRC recommendation for approval, disapproval, or modifications to the development project shall be based upon the applicable findings required and provisions imposed by this Development Code and State law.

(Ord. 4011, passed - -2007)

   The Director shall establish regular meeting dates and rules of procedure for the DRC. The dates and procedures shall be available to the public in appropriate formats and locations to properly inform interested persons or groups.

   (a)   Meetings Open to the Public. All DRC meetings shall be open to the public and any applicant, developer, property owner, subdivider, official of any agency, department organization, or other person interested in a development project may attend any meeting and present appropriate testimony.

   (b)   Notification Required. The applicant, developer, engineer, subdivider, or other applicant-designated representative shall be notified of the date, time, and place of the meeting by written notification placed in the U.S. mail at least ten days before the first DRC meeting at which the development project is to be considered. The notification may be waived by the applicant, developer, engineer, subdivider, or applicant-designated representative where necessary to expedite review of a development project. Notice shall also be given to any individual association, group, or organization that has requested in writing notification of meetings and hearings regarding the specific project or that have caused themselves to be properly placed on a mailing list for all DRC agendas.

   (c)   Recommendation by Written Report. All agencies, departments, offices, and officers shall submit to the DRC their recommendations relative to the development projects or subdivisions being discussed at each meeting. Wherever possible, these reports should be in writing and in sufficient detail that all interested parties will be properly informed in detail as to the recommended requirements, map revisions, and proposed conditions of approval.

(Ord. 4011, passed - -2007)

   An Environmental Review Committee is hereby established to act in a technical advisory capacity for the Planning Agency. The Environmental Review Committee is referred to in this Development Code as the ERC.

(Ord. 4011, passed - -2007)

   (a)   Designated Members.

      (1)   The ERC shall consist of membership as determined by the Director, who shall serve as the ERC Chairperson unless otherwise designated by the Director.

      (2)   When the Director deems it applicable, members of the DRC, representatives of affected agencies, departments, or expert technical advisors may also serve as members of the ERC.

   (b)   Oversight by Commission Representative. In addition, the Commission Chairperson, or other Commission member designated by the Chairperson, shall attend and observe each meeting of the ERC. The Commissioner may require that a project be referred to the Commission for action at a public hearing.

(Ord. 4011, passed - -2007)

   Any individual who is assigned by the Director to serve as a member of the ERC and who is not an agent, designee, or representative of an agency, department, or office of the County, or other governmental agency or local jurisdiction, shall receive the same stipend and expenses allowed for the Commission.

(Ord. 4011, passed - -2007)

   (a)   Act on All Referred Projects. The ERC shall act on all projects referred to it by the Planning Agency.

   (b)   Make Recommendations Regarding Environmental Concerns. The ERC shall review and make recommendations to the Planning Agency regarding environmental concerns in compliance with the provisions of this Development Code.

   (c)   Consider Adequacy of EIR. The ERC shall also consider the adequacy of any Environmental Impact Report, which is being reviewed by the ERC, including the identification of any significant adverse effects, possible mitigation measures, and alternatives to the proposed project.

(Ord. 4011, passed - -2007)

   The ERC shall meet when needed, as determined by the Director, and comply with the following procedures.

   (a)   Meetings Open to Public. All ERC meetings shall be open to the public and any applicant, developer, property owner, subdivider, official of any agency, department, organization, or other person interested in a development project may attend any meeting and present appropriate testimony.

   (b)   Notification Required. The applicant, developer, engineer, subdivider, or other applicant-designated representative shall be notified of the date, time, and place of the meeting by written notification placed in the U.S. mail at least ten days before the first ERC meeting at which the development project is to be considered. Notice shall also be given to any individual association, group, or organization that has requested in writing notification of meetings and hearings regarding the specific project or that have caused themselves to be properly placed on a mailing list for all ERC agendas.

   (c)   Recommendation by Written Report. All agencies, departments, offices, and officers shall submit to the ERC their recommendations relative to the development projects or subdivisions being discussed at each meeting. Wherever possible, these reports should be in writing and in sufficient detail that all interested parties will be properly informed in detail as to the recommended requirements, map revisions, proposed conditions of approval, and any proposed environmental action or determination.

(Ord. 4011, passed - -2007)

         (A)   Review all permits for floodplain development to determine that the requirements of this Chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures.

         (B)   Require that all other required Federal and State approvals and permits be obtained.

         (C)   Determine whether the site is reasonably safe from flooding.

         (D)   Ensure that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the County.

         (E)   Ensure that all Letters of Map Revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

         (A)   Require applicants who propose to undertake development activities that change base flood elevations, flood hazard area boundaries, or floodway designations to provide hydrologic and hydraulic engineering analyses necessary to submit a Letter of Map Change to FEMA; such submissions shall be made within 6 months of such data becoming available.

         (B)   The Letter of Map Change analyses shall be prepared by a qualified California Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.

         (A)   Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

         (B)   Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure.

         (C)   Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

         (D)   Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

         (A)   Determining which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are five feet or higher;

         (B)   Entering into a "Non-Conversion Agreement for Construction within Flood Hazard Area" or equivalent with the property owner who has such a structure. The agreement shall be recorded with the County Recorder as a deed restriction. The non-conversion agreement shall be in a form acceptable to the Floodplain Administrator and County Counsel; and

         (C)   Inspecting any area of a structure below the base flood elevation.

(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012; Am. Ord. 4469, passed - -2024)

   (a)   Referral by Review Authority. A review authority may refer a request for a land use decision to the review authority designated as the appeal body for that type of land use application in compliance with § 85.01.030 (Authority for Land Use and Zoning Decisions).

   (b)   Recommendation by Commission. Notwithstanding the provisions of Subdivision (a) above, the Commission shall make its recommendation to the Board or shall state the reasons why it cannot do so.

   (c)   Request for Action by Appeal Body. An applicant for a land use decision may waive their option for a decision by any review authority other than the Commission and request that the application be reviewed by the appeal body for that type of land use application in compliance with § 85.01.030 (Authority for Land Use and Zoning Decisions).

   (d)   Commission’s Action on Referrals. Any land use decision made by the Commission as a result of a referral in compliance with the provisions of this Chapter shall be made at a public hearing.

   (e)   Board’s Action on Legislative Acts. All land use decisions that require a legislative act before their approval or disapproval shall be referred to the Board for final action.

(Ord. 4011, passed - -2007)

   This Chapter provides requirements for the implementation or “exercising” of the permits and authorizations required by this Development Code, including time limits and procedures for granting extensions of time.

(Ord. 4011, passed - -2007)

   (a)   Effective Date for Planning Permits and Other Approvals. Except in the case of an amendment (Chapter 86.12) or development agreement (Chapter 86.13), final action on any planning approval (e.g., appeal, permit, Variance, or other entitlement) shall become effective on the eleventh day following the date of application approval, where no appeal of the approval has been filed in compliance with Chapter 86.08 (Appeals).

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

   A planning permit application for a parcel that is deemed approved by operation of law in compliance with Government Code § 65956 shall be subject to all applicable provisions of this Development Code, which shall be satisfied by the applicant before a Building Permit is issued or a land use not requiring a Building Permit is established.

(Ord. 4011, passed - -2007)

   A Conditional Use Permit, Minor Use Permit, Site Plan Permit, Major or Minor Variance, Planned Development Permit, or Special Use Permit approval that is granted in compliance with Division 5 (Permit Application and Review Procedures) shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with this Chapter. All applicable conditions of approval shall continue to apply after a change in property ownership.

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

   (a)   Deposit of Security.

      (1)   As a condition of approval of a Conditional Use Permit, Minor Use Permit, Major or Minor Variance, Planned Development Permit, Special Use Permit, Temporary Special Event Permit, Temporary Use Permit, or upon a finding that the County’s health, safety, and welfare warrant, the review authority may require the execution of a covenant to deposit security, and the deposit of security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of the Conditional Use Permit, Minor Use Permit, Major or Minor Variance, Planned Development Permit, Special Use Permit, Temporary Special Event Permit, or Temporary Use Permit in the event that the obligor fails to perform.

      (2)   The applicant/owner may elect to provide adequate security for the faithful performance of a condition(s) of approval imposed as part of the approval process if the Director determines that the condition(s) may be implemented at a later specified date (e.g., inability to install required landscaping due to poor weather conditions).

      (3)   The security shall, as required by law or otherwise at the option of the County, be in the form of cash, a certified or cashier’s check, letter of credit, a performance bond or other form of surety executed by the applicant and a corporate surety authorized to do business in California and approved by the County.

      (4)   The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director.

      (5)   Any security required in compliance with this Section shall be payable to the County.

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

   (c)   Failure to Comply.

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

      (2)   Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the work.

      (3)   To the extent that the Director can demonstrate that the obligor willfully breached an obligation in a manner that the obligor knew, or should have known, would create irreparable harm to the County, the entire amount of the bond or deposit may be withheld.

      (4)   The Director’s determination may be appealed to the Board by the obligor by filing an appeal with the Clerk of the Board within ten days after the decision to withhold the bond, in compliance with Chapter 86.08 (Appeals).

(Ord. 4011, passed - -2007)

   (a)   Time Limits.

      (1)   Specified Item Shall Be Exercised Within 36 Months. Unless a condition of approval or other provision of this Development Code establishes a different time limit, a Conditional Use Permit, Minor Use Permit, Major or Minor Variance, Planned Development Permit, Tentative Parcel Map or Tentative Tract Map not exercised within 36 months of the actual date of the decision granting the permit or authorization shall expire and become void, except where an extension of time is approved in compliance with Subdivision (b) (Extensions of Time), below.

      (2)   Specified Item Shall Be Exercised Within 12 Months. Unless another provision of this Development Code establishes a different time limit, a Site Plan Permit, Special Use Permit, or Temporary Use Permit not exercised within 12 months of the actual date of the decision granting the permit or authorization shall expire and become void, except where an extension of time is approved in compliance with Subdivision (b) (Extensions of Time), below.

      (3)   Definition of “Exercised.” The permit or authorization shall not be deemed “exercised” until the permittee has commenced actual construction or alteration under a valid Building Permit, or has substantially commenced the approved activity or allowed use on the site in compliance with the conditions of approval, in cases where a Building Permit is not required.

      (4)   Run with the Land. After it has been exercised, a planning permit or authorization shall remain valid and run with the land in compliance with § 86.06.040 (Permits to Run with the Land), as long as a Building Permit is active for the project, and after a final building inspection or Certificate of Occupancy has been granted.

      (5)   Phased Projects.

         (A)   Projects Other than Planned Development Permits. If a project (other than a Planned Development Permit) is to be developed in approved phases, each subsequent phase shall be exercised within 36 months from the date that the previous phase was exercised, unless otherwise specified in the permit or authorization, or the permit or authorization shall expire and become void, except where an extension of time is approved in compliance with Subdivision (b). (Extensions of time), below. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the permit or authorization shall be exercised before the expiration of the Tentative Map, or the permit or authorization shall expire and become void

         (B)   Planned Development Permits. Notwithstanding the above provisions of this Section, a conditionally approved Planned Development Permit for a phased project shall be subject to a time limitation not to exceed that specified by the condition of approval for the Development Plan approval. The applicant, however, shall either record a tract map or obtain Building Permits for at least one phase of the project within five years of the Development Plan conditional approval and, as applicable, within each succeeding five-year period. Each five-year period shall begin with the last County approved action that was accomplished (e.g., recordation of a tract map, obtain a Building Permit).

      (6)   First Amendment Protected Businesses.

         (A)   Time Limits for First Amendment Protected Businesses. The Director shall accept as complete, or disapprove as incomplete, the application for a Conditional Use Permit for a business protected by the First Amendment within 30 days from the date on which an application is submitted to the Director. The Director shall approve or disapprove the completed Conditional Use Permit application within 90 days of its acceptance as complete by the Director. The time limit established by this Section may be extended once for a period not to exceed 90 days upon consent of the Director and the applicant.

         (B)   Compliance with Permit Streamlining Act. If the permit requested is for a development project for construction or reconstruction subject to the Permit Streamlining Act (Government Code §§ 65920 et seq.), the time limits provided in the Permit Streamlining Act shall apply to the Conditional Use Permit approval or disapproval.

         (C)   Time Limits for Appeals. Upon the filing of an appeal in compliance with Chapter 86.08 (Appeals), the Commission or the Board shall render its decision on the appeal within 60 days.

   (b)   Extensions of Time. Upon written request by the applicant, the County may extend the time for a planning permit or authorization to be exercised.

      (1)   Time for Filing of Request. The applicant shall file a written request for an extension of time with the Director at least 30 days before the expiration of the permit or authorization, together with the filing fee required in compliance with the County Fee Ordinance.

       (2)   Action on Extension Request. A permit or authorization may be extended as follows for no more than a total of 36 months for those applications listed in § 86.06.060(a)(1) and (2) above, except as noted below, beyond the expiration of the original approval.

         (A)   Evidence to Be Provided. The Director shall determine whether the applicant has made a good faith effort to exercise the permit or authorization. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant (e.g., demonstrated problems with completing the acquisition of the parcel, poor weather during periods of planned construction, etc.) have prevented exercising the permit or authorization.

         (B)   Recommendations for Denial and Revocations. Recommendations for denial of a request for extension, and revocations of permits, shall be referred to the Zoning Administrator or the Planning Commission for public hearing and determination.

         (C)   Exceptional or Extraordinary Circumstances. Under exceptional or extraordinary circumstances, one or more extensions may be granted in addition to that provided in § 86.06.060(b)(2). In addition to the existence of exceptional or extraordinary circumstances, the applicant must show that unreasonable delay to the project, if any, was not caused by the applicant.

         (D)   Findings. Requests for extensions shall only be granted if findings can be made that the project is consistent with the provisions of the General Plan and the San Bernardino County Code in effect at the time the extension request is considered.

         (E)   Phased Projects. This Subdivision shall not be applied to extend the time limits provided in § 86.06.060(a)(5)(B), above.

       (3)   Action on extension of a project subject to the Subdivision Map Act. The expiration date of a Tentative Map may only be extended in compliance with the Map Act § 66452.6.

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

   Development of a new land use authorized through a planning permit or authorization granted in compliance with this Development Code shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in compliance with Chapter 85.12 (Revisions to an Approved Action).

(Ord. 4011, passed - -2007)

   (a)   Resubmittal after Disapproval with Prejudice.

      (1)   The review authority may disapprove an application for a discretionary planning permit or amendment, on the grounds that two or more similar applications for the same parcel have been disapproved in the past two years (e.g., disapproval with prejudice), or that another cause exists for limiting the refiling of the application.

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

   (b)   Resubmittal after Disapproval Without Prejudice. There shall be no limitation on subsequent applications for a site where a project was disapproved without prejudice.

   (c)   Director’s determination, appeal. The Director shall determine whether a new application is for a planning permit or amendment that is the same or substantially similar to a previously approved or disapproved permit or amendment, and shall either process or reject the application in compliance with this Section. The Director’s determination may be appealed to the Commission in compliance with Chapter 86.08 (Appeals).

(Ord. 4011, passed - -2007)

   (a)   Applicability. When necessary to achieve the land use goals of the County, the County may require a property owner holding property in common ownership to execute and record a Covenant of Easement in favor of the County, in compliance with Government Code §§ 65870 et seq. A Covenant of Easement may be:

      (1)   Required to provide for emergency access, ingress and egress, landscaping, light and air access, open space, parking, or for solar access; and

      (2)   Imposed as a condition of approval by the review authority.

   (b)   Form of Covenant. The form of the Covenant shall be approved by the County Counsel, and the Covenant of Easement shall:

      (1)   Describe the real property subject to the easement and the real property to be benefitted by the easement;

      (2)   Identify the County approval or planning permit granted that relied on or required the Covenant; and

      (3)   Identify the purposes of the easement.

   (c)   Recordation. A Covenant of Easement shall be recorded in the County Recorder’s Office.

   (d)   Effect of covenant.

      (1)   From and after the time of its recordation, a Covenant of Easement shall:

         (A)   Act as an easement in compliance with Civil Code §§ 801 et seq., except that it shall not merge into any other interest in the real property. Civil Code § 1104 shall be applicable to the conveyance of the affected real property; and

         (B)   Impart notice to all persons to the extent afforded by the recording laws of the State.

      (2)   Upon recordation, the burdens of the Covenant shall be binding on, and the Covenant shall benefit all successors-in-interest to the real property.

   (e)   Enforceability. A Covenant of Easement shall be enforceable by the successors-in-interest to the real property benefitted by the Covenant and the County. Nothing in this Section creates standing in any person, other than the County, and any owner of the real property burdened or benefitted by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.

   (f)   Release of Covenant. A Covenant of Easement may be released by the Director, or by another appropriate review authority in the event of an appeal, at the request of any person, including the County, or an affected property owner.

      (1)   Process for Release. The release of a Covenant of Easement shall require that the review authority first:

         (A)   Conduct a noticed public hearing in compliance with Chapter 86.07 (Public Hearings); and

         (B)   Find that the Covenant on the site is no longer necessary to achieve the land use goals of the County.

      (2)   Recordation. A notice of the release of the Covenant of Easement shall be recorded by the Director in the County Recorder’s Office.

      (3)   Fees. The applicant for a release of a Covenant of Easement shall pay the fee for the processing of the release in compliance with the Planning Fee Schedule.

(Ord. 4011, passed - -2007)

   This Chapter provides procedures for public hearings required by this Development Code and State law. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this Chapter.

(Ord. 4011, passed - -2007)

   When this Development Code requires a public hearing before a decision on a permit, or for another matter, the public shall be provided notice of the hearing in compliance with Government Code §§ 65090, 65091, 65092, 65093, and 65094, and Public Resources Code §§ 21000 et seq., and as required by this Chapter.

   (a)   Content of Notice. Notice of a public hearing shall include all of the following information, as applicable.

      (1)   Hearing Information. The date, time, and place of the hearing and the name of the review authority; a brief description of the County’s general procedure concerning the conduct of hearings and decisions (e.g., the public’s right to appear and be heard); and the phone number and street address of the Department, where an interested person could call or visit to obtain additional information.

      (2)   Project Information. The date of filing of the application and the name of the applicant; the County’s file number assigned to the application; a general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.

      (3)   Statement on Environmental Document. If a proposed Negative Declaration or final Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the County’s Environmental Review Procedures, the hearing notice shall include a statement that the review authority will also consider approval of the proposed Negative Declaration or certification of the final Environmental Impact Report.

   (b)   Method of Notice Distribution. Notice of a public hearing required by this Chapter for a planning permit, amendment, or appeal shall be given as follows, as required by Government Code §§ 65090 and 65091.

      (1)   Mailing. Notice shall be mailed or delivered at least ten days before the scheduled hearing to the following:

         (A)   Project Site Owners. The owners of the property being considered in the application, or the owners’ agent, and the applicant;

         (B)   Local Agencies. Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected;

         (C)   Affected Owners. All owners of real property as shown on the latest equalized assessment roll, within a specified radius of the exterior boundaries of the parcel that is the subject of the hearing; and any other person whose property might, in the judgment of the Director, be affected by the proposed project; and

         (D)   Persons Requesting Notice. Any person who has filed a written request for notice with the Director and has paid the required fee for the notice in compliance with the Planning Fee Schedule.

      (2)   Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with § 86.07.020(b)(1), above is more than 1,000, the Director may choose to provide the alternative notice allowed by Government Code § 65091(a)(3).

      (3)   Publication. Notice shall be published at least once in a newspaper of general circulation within the local agency at least ten days before the scheduled hearing.

      (4)   Additional Notice. In addition to the types of notice required above, the Director may provide any additional notice with content or using a distribution method (e.g., posting on the County’s web site) as the Director determines is necessary or desirable.

(Ord. 4011, passed - -2007)

   After the completion of any environmental document required by the California Environmental Quality Act (CEQA) and the County’s Environmental Review Procedures, and a Department staff report, a matter requiring a public hearing shall be scheduled by the Director (when acting as the Zoning Administrator), Commission, or Board agenda (as applicable) for a date reserved for public hearings as soon as possible.

(Ord. 4011, passed - -2007)

   (a)   Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given.

   (b)   Continued Hearing. Any hearing may be continued from time to time without further notice; provided, the chairperson of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

   (c)   Deferral of Final Decision. The review authority may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared.

(Ord. 4011, passed - -2007)

   After a public hearing on a proposed legislative act (e.g., amendment to the General Plan, this Development Code, a development agreement, a specific plan, a Planned Development, or an action referred to the Board by the Commission) the recommendation and findings of the Commission shall be forwarded to the Board. A copy of the recommendation shall be mailed to the applicant at the address shown on the application.

(Ord. 4011, passed - -2007)

   Post-decision notice shall be accomplished in compliance with § 85.03.110 (Post-Decision Notice).

(Ord. 4011, passed - -2007)

   The decision of the Director or Commission is final and effective in compliance with § 86.06.020 (Effective Date of Permits), unless an appeal is filed in compliance with Chapter 86.08 (Appeals). The decision of the Board is final and effective on the day of action, unless otherwise required by State law.

(Ord. 4011, passed - -2007)

   Before its effective date, in compliance with § 86.06.020 (Effective Date of Permits), any land use decision made in compliance with the provisions of this Development Code by a review authority other than the Board may be appealed by the applicant or other affected party in the following manner.

   (a)   Director’s Decision to Require an EIR. The Director’s decision to require preparation of an Environmental Impact Report is subject to appeal to the Commission for final decision.

   (b)   Commission’s Decisions.

      (1)   Land Use Decisions. The Commission shall consider appeals regarding land use decisions made by any County agency, department, office, officer, or official.

      (2)   Decisions Exempt from Appeal to the Board Following a Commission Decision. The Commission may refer consideration of an appeal to the Board, except for the following:

         (A)   The following matters may not be referred or appealed to the Board:

            (I)   The determination as to the completeness of an application, in compliance with Government Code § 65643;

            (II)   The determination to approve or disapprove an Accessory Wind Energy Permit;

            (III)   The determination to approve or disapprove a Home Occupation Permit;

            (IV)   The determination to approve or disapprove a Short-Term Residential Rental Permit;

            (V)   The requirement for preparation of an Environmental Impact Report;

            (VI)   Variances; or

            (VII)   The determination to approve or disapprove a reasonable accommodation request.

         (B)   In these instances the Commission’s decision shall be the final and conclusive decision.

         (C)   The Board will not accept nor consider an appeal of these Commission decisions.

   (c)   Board’s Considerations.

      (1)   The Board shall consider appeals regarding land use decisions made by the Commission, except as specified in § 86.08.010(b)(2), above.

      (2)   The Board shall only conduct hearings regarding an EIR or other environmental action in conjunction with consideration of the subject land use application and project for which the EIR was prepared or other environmental action proposed.

(Ord. 4011, passed - -2007; Am. Ord. 4169, passed - -2012; Am. Ord. 4331, passed - -2017)

   (a)   Appropriate Forms. Applications for an appeal of a land use decision shall be made on forms supplied by the review authority to which the appeal is being made.

   (b)   Appeal Submittals. Applications for appeals addressed to the Commission shall be submitted to the Land Use Services Department. Applications for appeals addressed to the Board shall be submitted to the Clerk of the Board.

   (c)   Grounds for Appeal. Applications for appeals shall include a written statement of the grounds upon which the appeal is based.

   (d)   Appeal Fees. A uniform fee, as established by the Board, shall be paid to the County upon the filing of each appeal in compliance with the Planning Fee Schedule.

   (e)   Contents of Appeal Application. The appeal application shall identify:

      (1)   The subject land use application;

      (2)   The specific decision, condition of approval, or other matter being appealed;

      (3)   The date of the action;

      (4)   The justification for the appeal; and

      (5)   Any remedy or solution for which the appellant petitions.

   (f)   Appeal Shall Stay All Proceedings. A properly filed application for appeal shall stay the proceedings in the matter appealed until a decision is rendered on the appeal.

(Ord. 4011, passed - -2007)

   The Director or, in the case of an appeal to the Board, the Clerk of the Board, shall be notified by the appellant of an appeal of a land use application decision before the date on which the land use application decision becomes effective. The appellant shall submit at the time of the notification, or on the next County business day following the notification, an application for the appeal.

(Ord. 4011, passed - -2007)

   (a)   Notice of Appeal Required. Within 30 days of the acceptance of an application for an appeal of a land use decision, the Director or the Clerk of the Board shall set the matter for hearing and shall give notice of the date, time, and place of the hearing to the appellant, the applicant, and to any other party who has requested in writing to be so notified.

   (b)   Same Notice as Originally Required. In addition, notice shall also be given in the same manner as notice was given for the land use decision being appealed.

(Ord. 4011, passed - -2007)

   (a)   Action on Appeal. Upon hearing the appeal, the appeal body shall consider the record and any additional evidence that may be offered, and may affirm, reverse, or modify, in whole or in part, the decision appealed.

   (b)   Applicable Criteria, Findings, and Requirements. The appeal body is subjected to all of the criteria, findings, and requirements imposed by this Development Code upon the original decision maker (e.g., review authority).

(Ord. 4011, passed - -2007)

   An appeal may be withdrawn before the time that the review authority issues a decision. The applicant or the applicant’s representative shall notify the Department in writing that they wish to withdraw the appeal.

(Ord. 4011, passed - -2007)

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

(Ord. 4011, passed - -2007)

   This Chapter establishes provisions that are intended to ensure compliance with the requirements of this Development Code and any conditions of planning permit approval, to promote the County’s planning efforts, and for the protection of the public health, safety, and welfare of the County.

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

   All departments, officials, and public employees of the County who are assigned the authority or duty to issue authorizations, certificates, licenses, or permits shall comply with the provisions of this Development Code.

   (a)   Permits in Conflict with Development Code. Authorizations, certificates, licenses, or permits for uses or structures that would be in conflict with the provisions of this Development Code shall not be issued.

   (b)   Permits Deemed Void. Any authorization, certificate, license, or permit issued in conflict with the provisions of this Development Code shall be void and of no effect.

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

   (a)   Responsibility of Director. The Director, the Deputy Director of the Code Enforcement Division, and their designated employees and representatives shall have the authority to enforce the provisions of this Development Code.

   (b)   Responsibility of Additional, Authorized County Representatives. The Director shall be aided in this enforcement responsibility by the officers and authorized representatives of the County agencies, departments, and offices charged with the responsibility of administering, implementing, and ensuring compliance with the provisions of this Development Code. Among these are the following designated enforcement officers:

      (1)   Assistant Administrative Officer for Public and Support Services Group.

      (2)   Chief, County Fire Department.

      (3)   Chief Engineer of the San Bernardino County Flood Control District.

      (4)   Chief of Environmental Health Services Division.

      (5)   County Agricultural Commissioner.

      (6)   County Surveyor.

      (7)   Director of Airports Department.

      (8)   Director of County Museums.

      (9)   Director of Public Works.

      (10)   Director of Special Districts Department.

      (11)   Floodplain Administrator.

   (c)    Responsibility of Other Authorities. The authorities responsible for the enforcement shall be the same as the review authorities responsible for permit approvals as specified in this Development Code.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008; Am. Ord. 4163, passed - -2012)

   (a)   It is unlawful for any person to violate or to cause or to allow a violation of any provision of this Development Code. Any act or omission constituting a violation of the Development Code includes the aiding, abetting, allowing, or causing that act or omission.

   (b)   Each and every day, and during any portion of which, any violation of this Development Code, or of the provisions of any code adopted and incorporated by reference by this Development Code, is committed, continued, or allowed, is a new and separate offense.

(Ord. 4043, passed - -2008)

   (a)   It is unlawful for the owner, the owner’s agent or representative, or other person in whose favor or for whose benefit, a land use approval of any kind has been granted for the parcel of real property at issue, to refuse or to fail to comply with the condition of approval or the conditions of approval, either individually or collectively in any number.

   (b)   Each and every day, and during any portion of which, any failure or refusal to comply with the condition or conditions of approval imposed on any land use approval, authorization, permit, or variance, is committed, continued, or allowed, is a new and separate offense.

(Ord. 4043, passed - -2008)

   Any property not in compliance with an applicable condition of approval imposed upon any land use approval, authorization, permit, or variance is hereby declared to be unlawful and a public nuisance.

(Ord. 4043, passed - -2008)

   (a)   Notices, Orders, and Citations. This Development Code may be enforced through the issuance of various notices and orders pertaining to any land use; or to any addition, alteration, construction, conversion, enlargement, installation, moving, reconstruction, rehabilitation of any structure; or to any use of any structure; that is contrary to any provision of this Development Code as provided herein, or as otherwise provided under various provisions of the other Titles of the San Bernardino County Code. Such notices may include, without limitation, notice of violation, notice to correct, notice to vacate, and stop work orders. This Development Code may also be enforced through the use of administrative citations issued pursuant to Government Code § 53069.4 and the provisions of the San Bernardino County Code adopted pursuant to the authority conferred by Government Code § 53069.4; or through the use of criminal citations issued pursuant to Penal Code § 836.5 and in the manner specified by the San Bernardino County Code, Title 1, Division 1, Chapter 2, § 11.0204.

   (b)   Enforcement Remedies Are Cumulative and Discretionary, Not Exclusive. All remedies contained in this Development Code for the handling of violations or enforcement of the provisions of this Development Code shall be discretionary and cumulative, and not exclusive of any other applicable provisions of the San Bernardino County Code or other applicable State law. The County, at its sole discretion and acting through the officials designated in this Chapter and in consultation with the Office of County Counsel, may enforce this Development Code through the application of criminal, civil, and administrative remedies as set forth in this Chapter. In the exercise of such discretion in selecting an appropriate code enforcement remedy, the County shall not be required to institute available code enforcement remedies in any particular order, or to prefer the application of one remedy to another.

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

   (a)   Notwithstanding any other provision of the San Bernardino County Code, each person violating, causing, or allowing a violation of any provision of this Development Code or any permit or condition of approval granted pursuant thereto, shall be guilty of an infraction, unless the violation is specifically declared to be a misdemeanor.

   (b)   Every violation of any provision of this Development Code, or of any permit issued pursuant to this Development Code (including any of the conditions of approval for such permit) that is prosecuted as an infraction shall be punished, upon conviction or upon a plea of nolo contendere (commonly called no contest), by: (1) a base fine not exceeding $100 for a first violation; (2) a base fine not exceeding $200 for a second violation of the same Code Section or permit (or any of the conditions of approval) occurring on the same property and committed by the same person within one year; and (3) a base fine not exceeding $500 for each additional violation of the same Code Section or permit (or any of the conditions of approval) occurring on the same property and committed by the same person within one year. Any court costs that the court may otherwise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine. Notwithstanding the above, a first or subsequent violation of this Development Code may be charged and prosecuted as a misdemeanor.

   (c)   A misdemeanor shall be punished, upon conviction or upon a plea of nolo contendere (commonly called no contest), by a base fine of not less than $500 and not more than $1,000, or by imprisonment in the County jail for a period of not more than six months, or by both such base fine and imprisonment. Any court costs that the court may otherwise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine.

   (d)   The conviction and punishment of any person of an offense as described in this Section or the payment of a criminal fine by or on behalf of the person convicted, shall not relieve that person from the responsibility for correcting, removing, or abating the violation that resulted in the conviction; nor prevent the enforced correction, removal or abatement thereof by the County. The correction, removal, or abatement of a violation begun after the issuance of a criminal citation or the filing of a criminal complaint shall not be a defense to the infraction or misdemeanor so charged and, following a conviction or plea of nolo contendere, shall not be grounds for the dismissal of the action or the waiver, stay, or reduction of any fine established in this Section.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008; Am. Ord. 4085, passed - -2009)

   (a)   Injunctive Relief and Abatement. At the request of any person authorized to enforce this Development Code, the County Counsel or District Attorney may commence proceedings for the abatement, removal, correction and enjoinment of any act or omission that constitutes or will constitute a violation of this Development Code or any permit or land use approval granted pursuant thereto, and an order requiring the violator(s) to pay civil penalties and/or abatement costs. Where multiple violators are involved, they shall be jointly and severally liable for the civil penalties and/or abatement costs.

   (b)   Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor, or otherwise, who violates any provision of this Development Code or any permit or any condition of land use approval granted pursuant thereto, shall be liable for a civil penalty not to exceed $1,000.00 per violation for each day or any portion thereof, that the violation continues to exist. In determining the amount of civil penalty to be imposed, both as to the daily rate and the subsequent total amount for any given violation, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting the violation, the nature and persistence of such conduct, the length of time over which the conduct occurred or was repeated, the assets, liabilities, and net worth of the violator, whether a corporate entity or an individual, and any corrective action taken by the violator.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4085, passed - -2009; Am. Ord. 4175, passed - -2012)

   As an alternative to the criminal or civil enforcement of this Development Code, i.e., Title 8 of the San Bernardino County Code, and, further, as an alternative to all other administrative enforcement procedures provided by this Development Code, all violations of this Development Code may be subject to enforcement through the use of administrative citations in accordance with Government Code § 53069.4 and this Section, and in the same manner and under the same authority as provided at §11.0208 of the San Bernardino County Code.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008; Am. Ord. 4175, passed - -2012)

   Whenever the County institutes a judicial action or proceeding to enforce the Development Code, a Notice of Pendency of the action or proceeding may be filed with the County Recorder’s Office. The notice shall be filed at the time of the commencement of the action or proceeding, and upon recordation of the notice as provided in this Section, shall have the same effect as a notice recorded in compliance with the Code of Civil Procedure § 409.

   (a)   The County Recorder shall record and index the Notice of Pendency of action or proceeding in the Grantor/Grantee Index.

   (b)   Any Notice of Pendency of action or proceeding filed in compliance with this Section may, upon motion of a party to the action or proceeding, be vacated upon an appropriate showing of need therefore by an order of a judge of the court in which the action or proceeding is pending.

      (1)   A certified copy of the “Order to Vacate Notice of Pendency” may be recorded with the County Recorder’s Office, and upon the recordation, the Notice of Pendency of the action or proceeding shall not constitute constructive notice of any of the matters contained therein nor create any duty of inquiry in any person thereafter dealing with the property described therein.

      (2)   An “Order to Vacate Notice of Pendency” shall not be appealable, but the party aggrieved by the order may, within 20 days after service of written notice of the order, or within additional time not exceeding 20 days as the court may, within the original 20 days allow, but in no event later than 60 days after entry of the order, petition the proper reviewing court to review the order by Writ of Mandate.

      (3)   No “Order to Vacate Notice of Pendency” shall be effective, nor shall it be recorded with the County Recorder’s Office, until the time within which a petition for the filing of a Writ of Mandate has expired in compliance with this Section.

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

   Whenever an enforcement action is initiated and prior to filing a Notice of Pendency, the Code Enforcement Division or other County department initiating the action, may pursuant to Government Code § 27280, file with the County Recorder’s Office a notice of action identifying the enforcement action taken for violation of the Development Code or other applicable law.

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

   This Section describes the procedures for initiating enforcement action in cases where the Director has determined that real property within the unincorporated area of the County is being used, maintained, or allowed to exist in violation of the provisions of this Development Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Chapter may be avoided.

   (a)   Notice. Subject to Subdivision (c) of this Section upon investigation and a determination that a violation of any of the provisions of this Development Code or any condition(s) imposed on any approval, authorization, permit, or Variance is found to exist, the Director shall notify the record owner or any person having possession or control of the property by mail, of the existence of the violation(s), the Department’s intent to charge the property owner for all administrative costs associated with enforcement, and of the owner’s right to a hearing on any objections they may have. The notice shall be in a form approved by the County Counsel.

   (b)   Notice of Violation. The Director shall provide the record owner of the subject site and/or any person in possession or control of the site with a written Notice of Violation, which shall include the following information:

      (1)   A description of each violation, and citations of applicable Development Code provisions being violated;

      (2)   A time limit for correcting the violation(s) in compliance with Subdivision (c), below;

      (3)   A statement that the County intends to charge the property owner for all administrative costs associated with the abatement of the violation(s) in compliance with § 86.09.180 (Recovery of Costs), and/or initiate legal action as described in § 86.09.080 (Enforcement).

   (c)   Time Limit for Correction.

      (1)   The Notice of Violation shall state that the violation(s) shall be corrected within 30 days from the date of the notice to avoid further enforcement action by the County, unless the responsible party contacts the Code Enforcement Division within that time to arrange for a longer period for correction.

      (2)   The 30-day time limit may be extended by the Director upon a showing of good cause.

      (3)   The Director may also require through the Notice of Violation that the correction occur within less than 30 days if the Director determines that the violation(s) constitutes a hazard to public health or safety.

   (d)   Use of Other Enforcement Procedures. The enforcement procedures of § 86.09.080 (Enforcement), may be employed by the Director after or instead of the provisions of this Section where the Director determines that this Section would be ineffective in securing the correction of the violation(s) within a reasonable time.

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

   (a)   Pre-approval Inspections. Every applicant seeking an authorization, permit, or any other action in compliance with this Development Code shall allow the County officials handling the application access to any premises or property which is the subject of the application.

   (b)   Post Approval Inspections. If the authorization, permit, or other action in compliance with this Development Code is approved, the owner or applicant shall allow appropriate County officials access to the premises in order to determine continued compliance with the approved authorization or permit and/or any conditions of approval imposed on the approval, authorization, permit, or Variance.

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

   (a)   Any construction in violation of this Development Code or any conditions imposed on any approval, authorization, permit, or Variance shall be subject to the issuance of a “Stop Work Order.”

   (b)   Any violation of a Stop Work Order shall constitute a misdemeanor and a public nuisance, and shall be subject to the remedies and penalties established by the County Code and this Chapter.

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

   (a)   Purpose. Discretionary permits or approvals issued in compliance with this Development Code may be revoked or modified in compliance with this Section.

   (b)   Procedures. This Section provides procedures for securing revocation or punitive modification of previously approved permits or approvals.

   (c)   Revocations. The County’s action to revoke a permit or approval shall have the effect of terminating the permit and denying the privileges granted by the original approval.

   (d)   Modifications. County modification of a permit or approval instead of revocation may include any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit is operated in a manner consistent with the original findings for approval.

   (e)   Hearings and Notice.

      (1)   The appropriate review authority shall hold a public hearing to revoke or modify a permit or approval granted in compliance with the provisions of this Development Code.

      (2)   At least ten days before the public hearing, notice shall be “delivered” in writing to the applicant for the permit or approval being considered for revocation, and/or owner of the property for which the permit was granted. The only exception to the ten-day notice provision shall be for Temporary Use Permits which, because of their short term nature, shall only require a 24-hour notice.

      (3)   Notice shall be deemed “delivered” two days after being mailed, certified and first class, through the United States Postal Service, postage paid, to the owner as shown on the County’s current equalized assessment roll and to the project applicant, if not the owner of the subject property.

   (f)   Action by Reviewing Authority.

      (1)   Permits. A Conditional Use Permit, Minor Use Permit, or other County planning permit or approval (except a Variance, see Subdivision (f)(2), below) may be revoked or modified by the reviewing authority (e.g., Director, Commission, or Board) that originally approved the permit, if the reviewing authority first makes any one of the following findings:

         (A)   Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require the revocation or modification;

         (B)   The permit or other approval was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval;

         (C)   One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated;

         (D)   The approved use or structure has ceased to exist or has been suspended for at least 12 months;

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

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

      (2)   Variances. A Major or Minor Variance may be revoked or modified by the review authority which originally approved the Major or Minor Variance, if the review authority first makes any one of the following findings, in addition to any one of the findings in Subdivision (f)(1), above:

         (A)   Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Major or Minor Variance; or

         (B)   One or more of the conditions of the Major or Minor Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Major of Minor Variance.

   (g)   Amortization. If a revocation is ordered, the Commission may provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on an application to the applicable review authority by any affected person.

   (h)   Action Is Appealable. The revocation or modification of a permit or Variance is appealable in compliance with Chapter 86.08 (Appeals).

   (i)   Enforcement. The County department or agency that issues the permit shall have the primary responsibility for enforcing compliance with the permit.

(Ord. 4043, passed - -2008)

   This Section establishes procedures for the recovery of administrative costs, including staff and County Counsel time expended on the enforcement of the provisions of this Development Code, other than administrative citation cases, to correct a violation. The intent of this Section is to recover County administrative costs reasonably related to enforcement.

   (a)   Record of Costs.

      (1)   The Department shall maintain records of all administrative costs incurred by responsible County departments, associated with the processing of violations and enforcement of this Development Code, and shall recover the costs from the property owner in compliance with this Section.

      (2)   Staff time shall be calculated at an hourly rate as established and revised from time to time by the Board.

   (b)   Summary of Costs and Notice.

      (1)   At the conclusion of the case, the Director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified and first class mail.

      (2)   The summary shall include a notice in a form approved by the County Counsel, advising the responsible party of their right to request a hearing on the charges for County cost recovery within ten days of the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.

      (3)   In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the property owner or person in control shall be liable to the County in the amount stated in the summary or any lesser amount as determined by the Director.

      (4)   The costs shall be recoverable in a civil action in the name of the County, in any court of competent jurisdiction, or by tax assessment, or by a lien on the property, at the County’s election.

   (c)   Attorney’s Fees. In any action or administrative proceeding to abate a nuisance, the prevailing party in the action or proceeding shall be entitled to recover reasonable attorney’s fees; however, the amount of attorney’s fees awarded to a prevailing party shall not exceed the amount of attorney’s fees incurred by the County in the action or proceeding. Further, an award of attorney’s fees in compliance with this Section shall only be allowed where the County elects, at the initiation of the action or proceeding, to seek recovery of its own attorney’s fees.

   (d)   Request for Hearing on Costs. Any property owner, or other person having possession and control of the subject property, who receives a summary of costs shall have the right to a hearing before the Director on their objections to the proposed costs.

      (1)   A written request for hearing shall be filed with the Department within ten days of the service by mail of the Department’s summary of costs, on a form provided by the Department.

      (2)   Within 30 days of the filing of the request, and on ten days written notice to the owner, the Director shall hold a hearing on the owner’s objections, and determine their validity.

      (3)   In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include:

         (A)   Whether the present owner created the violation(s);

         (B)   Whether there is a present ability to correct the violation(s);

         (C)   Whether the owner promptly corrected the violation(s);

         (D)   The degree of cooperation provided by the owner; and

         (E)   Whether reasonable minds can differ as to whether a violation(s) exists.

      (4)   The Director’s decision shall be appealable as provided by Chapter 86.08 (Appeals).

(Ord. 4043, passed - -2008)

   Any person who establishes a land use, or alters, constructs, demolishes, enlarges, erects, maintains, or moves any structure without first obtaining any authorization or permit required by this Development Code, shall pay the additional permit processing fees in compliance with the County Fee Ordinance for the correction of the violations, before being granted an authorization or permit for a use or structure on the site.

(Ord. 4043, passed - -2008)

   (a)   Amount and Applicability of Reinspection Fee.

      (1)   A reinspection fee shall be imposed on each person who receives a Notice of Violation, notice and order, or letter of correction of any provision of this Development Code or the County Code, adopted Building Code, or State law.

         (A)   The fee amount shall be established in compliance with the current Fee Ordinance.

         (B)   The fee may be assessed for each inspection conducted when the particular violation, for which a Notice of Violation, notice and order, or letter of correction was issued, was not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.

      (2)   The fee shall not apply to the original verification inspection to document the violations and shall apply to the first compliance inspection made after the issuance of a notice or letter, unless the correction has been made.

   (b)   Continuation of the Original Case.

      (1)   If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Development Code or the County Code for less than 90 days, the violation shall be deemed a continuation of the original case, and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.

      (2)   This fee is intended to compensate for administrative costs for unnecessary County inspections, and is not a penalty for violating this Development Code or the County Code.

      (3)   Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of this Development Code or the County Code, or costs incurred by the County for the abatement of a public nuisance.

(Ord. 4043, passed - -2008)

   It is highly recommended that the property owner initiate a Certificate of Land Use Compliance application to document any existing use where an application was not processed but determined to be a legal use and where the zoning or land use designation has changed and where a court decision determined a use to be legally established. This process records a document with the County Recorder’s Office and is readily available to future property owners, the public and agencies. It is also recommended that the property owner initiate a General Plan and Development Code Interpretation application whenever it is unclear to the owner, or may be to a future owner, what a specific use is determined to be considered under the Development Code.

(Ord. 4043, passed - -2008)

   This Chapter provides procedures to disestablish, establish, expand, or reduce an Agricultural Preserve boundary and/or cancel or establish a Land Conservation Contract in compliance with the California Land Conservation Act of 1965 for the management and preservation of agricultural lands within the County.

(Ord. 4011, passed - -2007)

   (a)   When a Public Hearing Is Required. All of the activities identified in § 86.10.010 (Purpose), above require a public hearing by both the Commission and the Board except for a County-initiated Land Conservation Contract, which shall be heard by the Board without a hearing by the Commission.

   (b)   Procedure. Public hearing.

   (c)   Review Authority. Board, with Commission recommendation.

   (d)   Request for Approval of a Contract. Before action on a request for an approval of a Land Conservation Contract, the review authority shall make the finding that the operation on site and the contract are consistent with the General Plan, any applicable community plan or specific plan, and this Development Code.

   (e)   Request for Non-Renewal of a Contract.

      (1)   No findings are required when a request is made for a non-renewal of a Land Conservation Contract.

      (2)   The request shall be processed in compliance with Government Code § 51245.

      (3)   Non-renewal of a contract shall be accomplished through “Staff action without notice” procedures with the Director as the review authority.

   (f)   Request for Cancellation of a Contract. Before action on a request for cancellation of a Land Conservation Contract:

      (1)   The land owner shall pay a cancellation fee equal to twelve and one-half percent of the cancellation value of the land plus any deferred tax amount; and

      (2)   The review authority shall make the findings identified in Government Code § 51282.

(Ord. 4011, passed - -2007)

   This Chapter provides procedures to prepare, review, adopt, or amend an Airport Comprehensive Land Use Plan.

(Ord. 4011, passed - -2007)

   (a)   Airports Within County Jurisdiction.

      (1)   Review by Commission and Board Required. Airport Comprehensive Land Use Plans and amendments to the plans shall be reviewed by the Commission and acted upon by the Board.

      (2)   Process Same as for General Plan. An Airport Comprehensive Land Use Plan shall be prepared, adopted, and amended in the same manner as a general plan, except that an Airport Comprehensive Land Use Plan may be amended as often as deemed necessary by the Board.

      (3)   Process for Repeal. An Airport Comprehensive Land Use Plan shall be repealed in the same manner as is required for amendment of the plan.

      (4)   Procedure. Public hearing.

      (5)   Review Authority. Board, with Commission recommendation.

   (b)   Airports Within Incorporated Cities but Impact Unincorporated Areas.

      (1)   Review by Commission and Board Required. Airport Comprehensive Land Use Plans and any amendments to the plan that are prepared and adopted by other jurisdictions but impact unincorporated areas of the County shall be reviewed by the Commission and approved by resolution of the Board.

      (2)   Procedure. Public hearing.

      (3)   Review Authority. Board, with Commission recommendation.

(Ord. 4011, passed - -2007)

   (a)   Findings for Adoption or Amendment. Before taking an action to adopt or amend an Airport Comprehensive Land Use Plan, the Planning Agency shall first make all of the following findings.

   (b)   The Proposed Plan or Amendment:

      (1)   Is consistent with the General Plan;

      (2)   Specifies through text and/or diagrams, the distribution, location, and extent of the uses of land within the area covered by the plan; and

      (3)   Specifies through text and/or diagrams, the criteria and standards by which development will proceed.

(Ord. 4011, passed - -2007)

   No local public works project may be approved, no land use application may be approved, and no land use designation may be amended within an area covered by an Airport Comprehensive Land Use Plan unless it is in compliance with the adopted Airport Comprehensive Land Use Plan.

(Ord. 4011, passed - -2007)

   This Chapter provides procedures for the amendment of the General Plan, this Development Code, Community Plans, and Area Plans, whenever the Board determines public necessity and general welfare require an amendment.

(Ord. 4011, passed - -2007)

   An amendment may be initiated by the Director, the Commission, or the Board in the following manner:

   (a)   General Plan, Community Plan, and Area Plan Amendments. In the case of the General Plan, Community Plan, or Area Plan, an amendment may also be initiated by the filing of an amendment application with the Department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all owners or their authorized agents shall join in filing the application.

   (b)   Development Code Amendments. In the case of this Development Code, an amendment may also be initiated by the filing of an amendment application with the Department by any interested party. The Board may also adopt an urgency measure as an interim ordinance in compliance with Government Code § 65858.

(Ord. 4011, passed - -2007)

   (a)   Application Filing and Processing. If initiated by the filing of an amendment application, the application shall be processed in compliance with Chapters 85.02 (Basic Review Procedures) and 85.03 (Application Procedures). The application shall be accompanied by the information identified in the Department handout for amendment applications, and any applicable fees. It is the responsibility of the applicant to provide evidence in support of the findings required by § 86.12.060 (Findings and Decision), below.

   (b)   Timing of General Plan, Community Plan, or Area Plan Amendments. Each element of the General Plan or a Community Plan or an Area Plan may be amended up to four times in a single calendar year.

   (c)   Adoption of General Plan, Community Plan, or Area Plan Amendments. Amendments to land use zoning districts constitute an amendment of the General Plan and shall be adopted by resolution and ordinance. Amendments to the General Plan, a Community Plan, or an Area Plan text or maps, other than the Land Use Zoning Maps, shall be adopted by resolution only.

   (d)   Public Hearings Required. The Commission and Board shall each conduct one or more public hearings regarding the amendment.

   (e)   Notice and Hearing. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 86.07 (Public Hearings).

(Ord. 4011, passed - -2007)

   The Commission may take any one of the following actions on a proposed amendment.

   (a)   Private Party Initiated. In the case of a private party initiated amendment, the Commission shall either disapprove the application or recommend to the Board that the proposed or a modified amendment be made. In the case of disapproval, the decision of the Commission shall become final unless appealed to the Board in compliance with Chapter 86.08 (Appeals).

   (b)   Director Initiated. In the case of a Director initiated amendment, the Commission shall either recommend to the Board that no amendment, a modified amendment, or the proposed amendment be made.

   (c)   Commission Initiated. In the case of a Commission initiated amendment, the Commission shall either table the matter or recommend to the Board that the amendment be made.

   (d)   Board Directed or Initiated. In the case of a Board directed or initiated amendment, the Commission shall either recommend to the Board that no amendment, a modified amendment, or the proposed amendment be made.

(Ord. 4011, passed - -2007)

   (a)   Approval or Disapproval. Upon receipt of the Commission’s recommendation, the Board shall conduct a public hearing and either approve, approve in modified form, or disapprove the proposed amendment based on the findings identified in § 86.12.060 (Findings and Decision), below.

   (b)   Referral to Commission. If the Board proposes to adopt a modification to the amendment not previously considered by the Commission, the proposed modification shall be first referred to the Commission for its recommendation, in compliance with Government Code §§ 65356 and 65857.

(Ord. 4011, passed - -2007)

   An amendment to the General Plan, this Development Code, a Community Plan, or an Area Plan may be approved only if all of the following findings are made, as applicable to the type of amendment.

   (a)   Findings for General Plan, Community Plan, or Area Plan Amendments.

      (1)   If the amendment pertains only to changing a portion of the text of the plan, the Board shall first make both of the following findings:

         (A)   The proposed amendment is internally consistent with all other provisions of the respective plan, the General Plan or an applicable specific plan; and

         (B)   The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the County.

      (2)   If the General Plan amendment proposes to change a land use zoning designation from one zone to another, the Board shall first make the two findings above plus all of the following additional findings:

         (A)   The proposed land use zoning district change is in the public interest, there will be a community benefit, and other existing and allowed uses will not be compromised;

         (B)   The proposed land use zoning district change will provide a reasonable and logical extension of the existing land use pattern in the surrounding area;

         (C)   The proposed land use zoning district change does not conflict with provisions of this Development Code;

         (D)   The proposed land use zoning district change will not have a substantial adverse effect on surrounding property; and

         (E)   The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the proposed or anticipated uses and/or development would not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

   (b)   Findings for Development Code Amendments. The Board shall first make all of the following findings:

      (1)   The proposed amendment is consistent with the General Plan and any applicable community plan or specific plan;

      (2)   The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the County; and

      (3)   The proposed amendment is internally consistent with other applicable provisions of this Development Code.

(Ord. 4011, passed - -2007)

   (a)   General Plan, Community Plan, or Area Plan. A General Plan, Community Plan, or Area Plan amendment shall become effective on the 30th day following the adoption of a resolution, and an ordinance (in the case of a General Plan amendment only) by the Board.

   (b)   Development Code. A Development Code amendment shall become effective on the 30th day following the adoption of an ordinance by the Board.

(Ord. 4011, passed - -2007)

   (a)   Compliance with Government Code § 65864. This Chapter establishes procedures and requirements for the adoption and amendment of development agreements in compliance with Government Code §§ 65864 et seq.

   (b)   Development Agreement Defined. A development agreement is a contract between the County and an applicant for a development project.

   (c)   Assurances to the Applicant. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, regulations, rules, and conditions of approval applicable to the project at the time of approval, regardless of any changes to County policies, regulations, and rules after project approval.

   (d)   Assurances to the County. In return, the County is provided assurance that the project would further important County-wide goals and policies which have been officially recognized by the Board, and provide the County with significant, tangible benefits beyond those that may be required by the County through normal project conditions of approval.

(Ord. 4011, passed - -2007)

   (a)   Contents of application. An application for a development agreement shall be filed and processed in compliance with Chapters 85.02 (Basic Review Procedures) and 85.03 (Application Procedures). The application shall be accompanied by the detailed data/ materials identified in the Department handout for development agreements. It is the responsibility of the applicant to establish evidence in support of the findings required by § 86.13.040(a)(1) (Findings Required), below.

   (b)   Fees. The applicant shall pay the fees and charges imposed for the filing and processing of each application and document provided for or required under these regulations in compliance with the Planning Fee Schedule. Fees and charges shall be paid before a determination by the County that the application is complete.

   (c)   Qualified as an Applicant. Only a qualified applicant may file an application to enter into a development agreement.

      (1)   A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement, as determined at the sole discretion of the County.

      (2)   The term applicant shall also include an authorized agent of the property owner.

      (3)   The Director may require an applicant to submit proof of interest in the real property and of the authority of the agent to act for the applicant.

      (4)   Before processing the application, the Director shall obtain the opinion of the County Counsel as to the sufficiency of the applicant’s interest in the real property to enter into the development agreement.

   (d)   Proposed Form of Agreement.

      (1)   Each application shall be accompanied by the form of development agreement proposed by the applicant.

      (2)   This requirement may be met by designating the County’s standard form of development agreement, if the County has developed a standard form development agreement, and including specific proposals for changes in or additions to the language of the standard form.

   (e)   Review of Application.

      (1)   The Director shall endorse on the application the date it is received. When application fees have been paid in compliance with the Planning Fee Schedule, the Director shall review the application and may reject it if it is incomplete or inaccurate for processing. If the Director finds that the application is complete, the Director shall accept it for filing. The Director shall review the application and determine the additional requirements necessary to complete the development agreement.

      (2)   After receiving the required information, the Director shall prepare a staff report and recommendations and shall state whether or not the development agreement proposed, or in an amended form, will be consistent with the General Plan and any applicable community plan or specific plan.

(Ord. 4011, passed - -2007)

   (a)   Director to Give Notice. The Director shall give notice of the County’s intention to consider adoption of the development agreement and of any other public hearing required by law or these regulations.

   (b)   Notice Requirements. Notice for the public hearings to consider adoption of a development agreement shall be given in compliance with Chapter 86.07 (Public Hearings).

   (c)   Failure to Receive Notice. Failure of any person to receive notice, who is otherwise entitled to notice in compliance with State law or these regulations, does not affect the authority of the County to enter into a development agreement.

   (d)   Rules Governing Conduct of Hearing. The public hearing shall be conducted in compliance with the procedural standards adopted in compliance with Chapter 86.07 (Public Hearings).

      (1)   Each person interested in the matter shall be given an opportunity to be heard.

      (2)   The applicant has the burden of proof at the public hearing on the proposed development agreement.

   (e)   Irregularity in Proceedings.

      (1)   No action, inaction, or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, informality, irregularity, neglect, or omission (“error”) as to any matter pertaining to application, finding, hearing, notice, petition, recommendation, record, report, or any matters of procedure.

      (2)   The only allowable exception to this rule will be if, after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed.

      (3)   There is no presumption that error is prejudicial or that injury was done if error is shown.

(Ord. 4011, passed - -2007)

   (a)   Determination by the Commission. After the hearing by the Commission, the Commission shall make its recommendation in writing to the Board.

      (1)   Findings required. The proposed development agreement may be recommended for approval only if all of the following findings are first made. The recommendation shall include the Commission’s findings and determination that the proposed development agreement and the associated development project:

         (A)   Are in compliance with the general land uses, objectives, policies, and programs specified in the General Plan, any applicable community plan or specific plan, and this Development Code;

         (B)   Are compatible with the uses authorized in, and the regulations prescribed for, the land use and land use zoning district in which the real property is located;

         (C)   Are in conformity with public convenience, general welfare, and good land use practice;

         (D)   Will not be detrimental to the health, safety, and general welfare; and

         (E)   Will not adversely affect the orderly development of property or the preservation of property values.

      (2)   Include Reasons. The recommendation shall include the reasons for the Commission’s recommendation.

   (b)   Decision by the Board.

      (1)   After the Board completes the public hearing, it may accept, modify, or disapprove the Commission’s recommendation. It may, but need not, refer matters not previously considered by the Commission during its hearing back to the Commission for report and recommendation. The Commission shall hold a public hearing on matters referred back to it by the Board.

      (2)   The Board shall not approve the development agreement unless it first makes all of the findings required by § 86.13.040(a)(1) (Findings Required), above.

   (c)   Approval of Development Agreement. If the Board approves the development agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development agreement takes effect, the County may enter into the development agreement.

(Ord. 4011, passed - -2007)

   (a)   Initiation of Amendment or Cancellation. Either party may propose an amendment to or cancellation of, in whole or in part, the development agreement previously entered into.

   (b)   Procedure.

      (1)   The procedure for proposing and adoption of an amendment to or cancellation of a development agreement is the same as the procedure for entering into a development agreement in the first instance.

      (2)   Where the County initiates the proposed amendment to or cancellation of a development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least ten calendar days in advance of the giving of notice of intention to consider the amendment or cancellation required by § 86.13.030(b) (Notice Requirements), above.

(Ord. 4011, passed - -2007)

   (a)   Recordation of Agreement Within Ten Days. Within ten calendar days after the County enters into the development agreement, the Clerk of the Board shall have the development agreement recorded with the County Recorder’s Office.

   (b)   Recordation of Notice to Amend or Cancel Agreement. If the parties to the agreement or their successors-in-interest amend or cancel the development agreement as provided in Government Code § 65868 or if the County terminates or modifies the development agreement as provided in Government Code § 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the Clerk of the Board shall have notice of the action recorded with the County Recorder’s Office.

(Ord. 4011, passed - -2007)

   The County shall review each development agreement in compliance with Government Code § 65865.1.

(Ord. 4011, passed - -2007)

   (a)   Proceedings upon Modification or Termination. If, upon a finding under § 86.13.070 (Agreement Review), above, the Board determines to proceed with modification or termination of the development agreement, the County shall give notice to the property owner of its intention to do so. The notice shall contain the following information:

      (1)   The date, time, and place of the hearing;

      (2)   A statement as to whether or not the County proposes to modify or terminate the development agreement; and

      (3)   Other information which the County considers necessary to inform the property owner of the nature of the proceeding.

   (b)   Hearing on Modification or Termination.

      (1)   At the date, time, and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard.

      (2)   The Board may refer the matter back to the Commission for report and recommendation.

      (3)   The Board may impose those conditions to the action it takes as it considers reasonable and necessary to protect the interests of the County.

      (4)   The decision of the Board shall be final.

(Ord. 4011, passed - -2007)

   (a)   Process. This Chapter provides a process for preparing, processing, reviewing, adopting, and amending a specific plan.

   (b)   Compliance. When required by § 86.14.030 (Applicability), below, the General Plan, or this Development Code to systematically implement the General Plan for any part of the County, a specific plan shall be prepared, processed, approved and implemented, or disapproved in compliance with this Chapter.

(Ord. 4011, passed - -2007)

   An adopted specific plan shall replace the base land use zoning district for the subject property, and the development standards/guidelines identified in the specific plan shall take precedence over the general standards/guidelines contained in this Development Code.

(Ord. 4011, passed - -2007)

   (a)   Authority to Adopt and Amend. An application for a specific plan shall be considered by the Commission and the Board.

   (b)   Specific Plan Required. A specific plan, which is designed to provide for flexibility and encourage innovate use of land resources and development of a variety of housing and other development types shall be required whenever it would assist in the comprehensive master planning of a specific site(s).

(Ord. 4011, passed - -2007)

   A specific plan may be initiated in the following manner:

   (a)   Board. By a resolution adopted by the Board, with or without a recommendation from the Commission; and

   (b)   Property Owner. By an application being filed by the owner(s) of property that would be the subject of the specific plan.

(Ord. 4011, passed - -2007)

   If property-owner initiated, the application shall be accompanied by the information identified in the Department handout for specific plan applications. It is the responsibility of the applicant to provide evidence in support of the findings required by § 86.14.070(a) (Board’s Action), below.

(Ord. 4011, passed - -2007)

   If property-owner initiated, the draft specific plan shall be filed with the Department, and shall be accompanied by the fee in compliance with the Planning Fee Schedule. The draft plan shall be processed in the same manner as required for general plans by State law, and as follows:

   (a)   Director’s Evaluation.

      (1)   After the filing of a draft specific plan, the Director shall review the draft plan to determine whether it is in compliance with the provisions of this Chapter.

      (2)   If the draft plan is not in compliance, it shall be returned to the applicant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance.

      (3)   When a draft plan is returned by the applicant to the Department and the Director determines it is complete and in compliance with this Chapter, the plan shall be deemed to be accepted for processing.

   (b)   Staff Report. A written staff report shall be prepared for the draft specific plan which shall include detailed recommendations for changes to the text and/or diagrams of the specific plan, as necessary to make it acceptable for adoption; and

   (c)   Public Hearings. A proposed specific plan shall be subject to public hearings before both the Commission and Board before its adoption, as follows:

      (1)   Commission.

         (A)   The Director shall schedule a public hearing on the proposed specific plan.

         (B)   The hearing shall receive public notice and be conducted in compliance with Chapter 86.07 (Public Hearings).

         (C)   After the hearing, the Commission shall forward a written recommendation, with appropriate findings to the Board in compliance with § 86.14.070(a) (Board’s Action), below.

      (2)   Board.

         (A)   After receipt of the Commission’s recommendation, the Board shall conduct a public hearing on the specific plan. The hearing shall receive public notice and be conducted in compliance with Chapter 7 (Public Hearings).

         (B)   After the hearing, the Board may adopt the specific plan, disapprove the plan, or adopt the plan with changes, with appropriate findings in compliance with § 86.14.070(a) (Board’s Action), below; provided, changes to the plan that were not considered by the Commission shall be referred to the Commission for its recommendation, in compliance with State law.

         (C)   Failure of the Commission to report within 45 days after the referral, or a longer period set by the Board, shall be deemed a recommendation for the approval of the changes.

(Ord. 4011, passed - -2007)

   (a)   Board’s Action. The Board may adopt a specific plan only if all of the following findings can first be made:

      (1)   The proposed development is generally in compliance with the actions, goals, objectives, and policies of the General Plan;

      (2)   The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or welfare, or injurious to the property or improvements in the vicinity and land use zoning district in which the property is located;

      (3)   The proposed development would:

         (A)   Ensure quality development by encouraging greater flexibility with more creative and aesthetically pleasing designs for major developments;

         (B)   Ensure the timely provision of essential public services and facilities consistent with the demand for the services and facilities; and

         (C)   Promote a harmonious variety of housing choices and commercial and industrial activities; attain a desirable balance of residential and employment opportunities; and result in a high level of amenities and the preservation of the natural and scenic qualities of open space.

      (4)   The subject property is physically suitable for the proposed land use zoning district designation(s);

      (5)   The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the County’s Environmental Review Procedures; and

      (6)   There would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted by the Board.

   (b)   Adoption. The specific plan shall be adopted by ordinance in compliance with State law.

(Ord. 4011, passed - -2007)

   (a)   Development Within Specific Plan Area. After the adoption of a specific plan, a public works project, a tentative map or parcel map, for which a tentative map was not required, and an amendment to this Development Code may be approved/adopted within an area covered by a specific plan only if it is first found to be in compliance with the specific plan.

   (b)   Specific Plan Fee Surcharge. The Board may impose a specific plan fee surcharge on development entitlements within the specific plan area in compliance with State law.

   (c)   Amendments.

      (1)   An adopted specific plan may be amended through the same procedure specified by this Chapter for the adoption of a specific plan.

      (2)   The specific plan may be amended as often as deemed necessary by the Board, in compliance with State law.

   (d)   Modifications.

      (1)   A development standard(s) identified in an adopted specific plan may be modified only by action of the Board.

      (2)   The Board may grant one or more modifications only if both of the following findings can first be made:

         (A)   The modification(s) is necessary to properly implement a physically and economically viable project; and

         (B)   The modification(s) would ensure compliance with the general purpose and intent of the adopted specific plan.

(Ord. 4011, passed - -2007)

   (a)   Available for Review. All adopted specific plans are available for review at the Department.

   (b)   Adopted plans. The following specific plans have been adopted by the Board.

      (1)   Agua Mansa Industrial Corridor Specific Plan.

      (2)   Bloomington Business Park Specific Plan.

      (3)   Glen Helen Specific Plan.

      (4)   Kaiser Commerce Center Specific Plan.

      (5)   Hacienda at Fairview Valley Specific Plan.

      (6)   Speedway Commerce Center II Specific Plan.

      (7)   Valley Corridor Specific Plan.

(Ord. 4011, passed - -2007; Am. Ord. 4229, passed - -2014; Am. Ord. 4319, passed - -2017; Am. Ord. 4448, passed - -2022; Am. Ord. 2050, passed - -2022)

   (a)   Expeditious Repair and Reconstruction. This Chapter establishes the land use regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared by the Board.

   (b)   No Exemptions from Health and Safety Requirements. The Chapter allows modifications to some sections of this Development Code but does not allow exemption from the health and safety requirements of this Development Code.

   (c)   Extreme Hazard Areas Are Not Included. In addition, structures located in an Extreme Hazard Area are not included.

(Ord. 4011, passed - -2007)

   The provisions of this Chapter are applicable for a period of 180 days following each disaster for which a local emergency has been declared by the Board. The Board may extend the provisions as necessary.

(Ord. 4011, passed - -2007)

   For the purposes of this Chapter the following definitions shall apply:

   EXTREME HAZARD AREA. A mapped area established by separate action of the Board, or other authorized official, as a moratorium area which contains hazards to health and safety, caused by the disaster, requiring in-depth study before allowing rebuilding of any kind.

   IN-KIND. The same as the prior structure in terms of height, number of units, shape, size, in the same general location, and to be occupied by the same general use.

   NEW CONSTRUCTION. The demolition and replacement of a damaged structure with a new structure which is not in-kind.

   RECONSTRUCTION. The demolition and replacement in-kind of a damaged structure by a new structure, with no alteration or expansion.

   REPAIR. The fixing in-kind of a damaged structure, with no alteration or expansion.

(Ord. 4011, passed - -2007)

   (a)   No Exemptions for Illegal Structures. Structures illegally constructed or occupancies illegally established before the disaster shall not be reconstructed or reestablished.

   (b)   Compliance with Development Code Required. The provisions of this Development Code shall be met unless specifically modified or exempted.

   (c)   If Conflicts Occur. Where the provisions of this Chapter conflict with other provisions of this Development Code, the provisions of this Chapter shall prevail.

(Ord. 4011, passed - -2007)

   (a)   General.

      (1)   Criteria to Receive Modifications. In order to be eligible for modifications of the provisions of this Development Code and expedited application processing, an application shall meet all of the following criteria:

         (A)   The application shall be for the reconstruction or repair of damage caused by the disaster;

         (B)   The application shall have been filed after the occurrence of the disaster;

         (C)   The application site is not within an Extreme Hazard Area;

         (D)   The application does not violate applicable County, State, or Federal law; and

         (E)   Various kinds of information or proof of the previous use and structure may be required. This information may include: aerial photos, copies of Building Permits, County Assessor’s records, original construction plans, photographs, property deeds, reports/studies, and surveys. Adequate proof that the damage to the structure was the result of the disaster may also be required.

      (2)   Conforming Structures and Uses.

         (A)   Conforming single-family residential, duplex, triplex, and agricultural structures may be reconstructed in-kind after the issuance of applicable permits. Conforming single-family structures may be altered and expanded so long as they meet all applicable Development Code requirements.

         (B)   Conforming structures and uses subject to a Conditional Use Permit, Minor Use Permit, or Site Plan Permit.

            (I)   Conforming structures, occupied by conforming uses which are subject to a Conditional Use Permit, Minor Use Permit, or Site Plan Permit, and for which approved plot plans are available for review, may be reconstructed or repaired in-kind after the issuance of applicable permits.

            (II)   Conforming structures, occupied by conforming uses which are subject to a Conditional Use Permit, Minor Use Permit, Site Plan Permit, and where no approved plot plans are available for review, may be reconstructed or repaired in-kind after the issuance of a Site Plan Permit and all other applicable permits.

      (3)   Nonconforming Uses and Structures.

         (A)   Single-family residential, duplex, and triplex structures located in residential land use zoning districts not in compliance with the provisions of this Development Code may be reconstructed or repaired in-kind after the issuance of applicable permits.

         (B)   Nonconforming multi-family residential structures located in residential land use zoning districts may be reconstructed or repaired in-kind after the issuance of a Site Plan Permit (as modified by the provisions of § 86.15.060(a), below) and all other applicable permits.

         (C)   Nonconforming commercial, industrial, and institutional structures located in nonresidential land use zoning districts may be reconstructed or repaired in-kind after the issuance of a Site Plan Permit (as modified by the provisions of § 86.15.060(a), below) and all other applicable permits.

         (D)   Except as listed above, all other provisions of this Development Code shall apply.

   (b)   New Construction. All new construction shall be in compliance with the provisions of this Development Code.

   (c)   Temporary Uses.

      (1)   Residential.

         (A)   On-Site. Temporary residential quarters are allowed on the site of residential unit(s) made uninhabitable by the disaster. The unit(s) may only substitute for the unit(s) previously on the property and may be placed after issuance of a Temporary Use Permit in compliance with Chapter 85.15. Under these circumstances, the Temporary Use Permit may be issued before the issuance of a permit to reconstruct the permanent unit(s), but a Building Permit shall be applied for within 180 days after issuance of the Temporary Use Permit. Individual mobile units require individual approved Setdown Permits.

         (B)   Other Sites. Temporary mobile housing may be allowed on sites in any zoning/land use district with a Temporary Use Permit approved by the Building Official and subject to the special findings for a Temporary Use Permit identified in § 86.15.060(b), below). Individual mobile units require individual approved Setdown Permits.

      (2)   Commercial, Commercial Agricultural, Industrial, Institutional Uses. Temporary nonresidential structures for commercial, commercial agricultural, industrial, or institutional uses, either singly or in groups, shall be allowed in any land use zoning district except residential, on the same site or on a different site than the original structure, with a Temporary Use Permit approved by the Building Official and subject to the special findings for a Temporary Use Permit identified in § 86.15.060(b), below). Individual mobile units require individual approved Setdown Permits.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008)

   (a)   Site Plan Permits Post-Disaster.

      (1)   Site Plan Permit Process May Be Modified. Processing of a Site Plan Permit may be modified under the provisions of this Chapter to allow the proposed reconstruction or repair to comply as nearly as possible with the applicable development standards of this Development Code.

      (2)   Finding. Issuance of a Site Plan Permit under post-disaster circumstances shall include the finding that the site plan has been designed to meet the current requirements of this Development Code as closely as feasible, including access, landscaping, loading, open space, parking, setbacks, and walls.

   (b)   Temporary Use Permit Post-Disaster.

      (1)   Issuance of Temporary Use Permit Before Building Permit. A Temporary Use Permit processed under the provisions of this Chapter may be issued before the issuance of a Building Permit to reconstruct the permanent unit(s), but a Building Permit shall be applied for within 180 days after issuance of the Temporary Use Permit.

      (2)   Findings. Approval of temporary mobile housing or temporary nonresidential structures shall first require that all of the following findings can be made:

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

         (B)   The site for the proposed use has adequate access;

         (C)   The proposed use will not have a substantial adverse effect on abutting property or the allowed use of the abutting property;

         (D)   The proposed use is in compliance with the goals and policies of the General Plan and any applicable community plan or specific plan; and

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

(Ord. 4011, passed - -2007)

   All applications and permits approved under the provisions of this Chapter are exempt from the requirements of the California Environmental Quality Act (CEQA) in compliance with Public Resources Code §§ 21080 (b)(2) and (3) and § 21172 and § 15269 of the CEQA Guidelines.

(Ord. 4011, passed - -2007)

   All land use decisions provided for by this Chapter shall be appealable in compliance with Chapter 86.08 (Appeals).

(Ord. 4011, passed - -2007)