The provisions of Section 7000 through Section 7999, inclusive, shall be known as the Procedures.

   The purpose of these provisions is to provide procedures for processing applications and administering the requirements of the Zoning Ordinance. The intent is to provide flexibility to achieve good and appropriate development while providing certainty to landowners and other members of the public that the public health, safety and welfare will be protected.

   The decision-making authority as defined by the respective permit type procedures herein shall have the discretion to deny a Use Permit, Administrative Permit, Site Plan, or Variance when there is an existing violation of any County Ordinance which the decision-making authority determines is related to the Use Permit, Administrative Permit, Site Plan, or Variance that is being sought.

   The Procedures shall apply in all zones unless otherwise provided.

   Notwithstanding any other provision of The Zoning Ordinance, where a decision-making authority is required to consider the action or recommendation of any citizen advisory board prior to making any decision as required by The Zoning Ordinance, the decision-making authority may act without such action or recommendation under any of the following circumstances:

   When circumstances under 1. or 2. above involve a citizen advisory board other than a community planning or sponsor group, the Director shall distribute the application to the appropriate community planning or sponsor group. The decision-making body shall consider the recommendation, if any, of said planning or sponsor group which is received within the time limitations of applicable sections of The Zoning Ordinance, or within 60 days, whichever is less.

   Any application which is authorized to be filed by the property owner pursuant to these procedures shall be signed by all owner(s) of the property subject to the application, or the authorized agent(s) of the owner(s). The applicant shall provide proof satisfactory to the Director, of the ownership of the property and the authority of the agent(s) to sign on behalf of the owner(s).

   The time parameters for processing discretionary permit applications are established by numerous state and local laws, ordinances, and policies. Timely permit processing increases efficiency and decreases costs for the Department and for applicants. The purpose of this section is to establish a procedure for closing Inactive Permit Applications.

   When the approval of any Administrative Permit, Density Bonus Permit, Variance, Site Plan, Use Permit or Reclamation Plan, or a modification to any of the foregoing, has become final and effective, the Director shall cause a copy thereof to be filed with the San Diego County Recorder. The document to be recorded shall set forth the names of all owners of the property subject to the Administrative Permit, Density Bonus Permit, Variance, Site Plan, Use Permit, or Reclamation Plan. The recorded document shall provide constructive notice to all purchasers, transferees, or other successors to the interests of the owners named, of the rights and obligations created by the Administrative Permit, Density Bonus Permit, Variance, Site Plan, Use Permit or Reclamation Plan.

   The provisions of Section 7050 through Section 7099, inclusive, shall be known as the Administrative Permit Procedure. The purpose of these provisions is to provide for the issuance of Administrative Permits.

   The Administrative Permit Procedure shall be followed when an application for an Administrative Permit has been filed as required by The Zoning Ordinance.

   The Administrative Permit Procedure shall be under the jurisdiction of the administering agency. The Director shall be the administering agency except where another officer or body is authorized by ordinance to grant Administrative Permits in designated situations or for particular purposes.

   An application for an Administrative Permit or modification thereof shall be made to the administering agency on such forms and containing such information as is prescribed by him or her, shall be signed by all owner(s) of the property to which it applies, or the agent(s) of such owner(s), and shall be accompanied by the fee, if any, fixed pursuant to Section 7602.

   When an application for granting or modifying an Administrative Permit is submitted concurrently with an application for a subdivision map, use permit, variance, or zone reclassification related to the same property, the administrative permit shall be under the jurisdiction of the officer or body having jurisdiction over the subdivision map, use permit, variance, or zone reclassification, and shall be reviewed and decided concurrently with such other application. A use permit may include authorization for any use, structure, or action for which an Administrative Permit is required, in which case no Administrative Permit is required.

   The administering agency shall review and evaluate Administrative Permit applications for conformance with the standards and criteria set forth in the pertinent sections of The Zoning Ordinance, and its review and evaluation shall not exceed the scope of said standards and criteria.

   Administrative permits may be granted or modified subject to the performance of such conditions, including the provision of required improvements, and for such period of time as the administering agency shall deem to be reasonable and necessary or advisable under the circumstances so that the objective of The Zoning Ordinance shall be achieved. Such conditions shall be imposed and enforced as follows:

   A decision pursuant to Sections 7060 or 7074 may be appealed as provided by the Administrative Appeal Procedure commencing at Section 7200, except that, unless an appeal is otherwise provided by law, the Director's decision pursuant to Section 7060 concerning an adult entertainment establishment shall be final and not appealable and shall be subject to prompt judicial review in a court of competent jurisdiction.

   Each Administrative Permit granted pursuant to these provisions shall expire and become null and void at the expiration of one year after the purpose for which it was granted has been discontinued or abandoned.

   Each valid unrevoked and unexpired Administrative Permit shall expire at the time specified in each permit, or if no time is specified, at the expiration of two years after granting except where construction and/or use of the property in reliance on such permit has commenced prior to its expiration; provided, however, that the period within which such construction and/or use must be commenced may be extended as provided by Section 7070.

   If prior to expiration of the Administrative Permit, the applicant files a written application for extension, the period within which construction or use of the property in reliance on the administrative permit must be commenced may be extended by order of the administrative agency at any time within 90 days after the date of expiration as originally established. An application for such an extension shall be made on the prescribed form, shall be accompanied by the fee fixed pursuant to Section 7602, and shall be filed with the administering agency. The period within which construction and/or use of the property in reliance on the Administrative Permit must be commenced may be extended subject to conditions, as provided by Section 7062. Decisions of the administering agency may be appealed as provided by the Administrative Appeal Procedure.

   Any person holding an Administrative Permit may apply for a modification by complying with Section 7056. For the purposes of this section, the modification of an Administrative Permit may include modification of the terms of the permit itself or the waiver or alteration of conditions imposed pursuant to Section 7062. Sections 7050 through 7074, inclusive, shall apply to the disposition of an application for the modification of an Administrative Permit.

   An administrative permit may be revoked or modified for cause as provided by the provisions of this section. For purposes of this section, the modification of an Administrative Permit may include the modification of the terms of the permit itself or the waiver, alteration or imposition of new conditions pursuant to Section 7062.

   Upon the approval of an administrative permit becoming final and effective, the Director shall cause a copy thereof to be filed with the San Diego County Recorder. The administrative permit to be recorded shall set forth the names of all owners of the property subject to the administrative permit. The recording of an administrative permit shall provide constructive notice to all purchasers, transferees, or other successors to the interests of the owners named in the use permit, of the rights and obligations created by the administrative permit.

   If an administrative permit is granted or modified subject to one or more conditions, such administrative permit shall cease to be valid, and all rights or privileges granted thereby shall lapse, notwithstanding any other provisions of the Zoning Ordinance to the contrary, whenever there becomes final any judgment of a court of competent jurisdiction declaring one or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions.

   Sign permits granted pursuant to Ordinance 1402 (New Series) as amended shall be deemed to be administrative permits subject to the Administrative Permit Procedure, and may be modified or revoked as administrative permits.

   The provisions of Section 7100 through Section 7149, inclusive, shall be known as the Variance Procedure. A Variance may be granted when practical difficulties, unnecessary hardship or results inconsistent with the general purposes of the Zoning Ordinance would result from the literal enforcement of its requirements. A Variance may be granted to allow the following:

   A Variance shall not be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and subject to the same regulations; nor shall a Variance be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the regulations governing the property.

   Variances shall be classified according to the circumstances of their submission and original jurisdiction shall be exercised over them as follows:

   An application for the granting of a Variance shall be made as follows:

   The Director may, without hearing or notice, grant a regular Variance meeting all other requirements of The Zoning Ordinance and the following additional requirements:

   Before any variance may be granted or modified, all of the following shall be found:

   The Board of Supervisors, the Planning Commission, or the Director shall decide and notice matters concerning Variances as follows:

   Variances may be granted or modified subject to the performance of such conditions, including the provision of required improvements, and for such period of time as the Planning Commission, Board of Supervisors, or the Director whoever grants or modifies the Variance, shall deem to be reasonable and necessary or advisable under the circumstances so that the objectives of this Ordinance shall be achieved. Such conditions shall be imposed and enforced as follows:

   Decisions of the Planning Commission, or the Director, made pursuant to Section 7108 shall become final and effective on the eleventh day following the date of decision unless an appeal of the decision is filed as provided by Section 7114. All decisions of the Board of Supervisors made pursuant to Section 7108 shall be effective immediately.

   Variance decisions made pursuant to Sections 7108, 7124 or 7130 may be appealed as follows:

   Upon the approval of a variance becoming final and effective, the Director shall cause a copy thereof to be filed with the San Diego County Recorder. The variance to be recorded shall set forth the names of all owners of the property subject to the variance. The recording of a variance shall provide constructive notice to all purchasers, transferees, or other successors to the interests of the owners named in the variance, of the rights and obligations created by the variance.

   The granting or modification of a Variance pursuant to these provisions shall not authorize or legalize the maintenance of any private or public nuisance.

   Each Variance granted pursuant to these provisions shall expire and become null and void at the expiration of one year after the purpose for which it was granted shall be been discontinued or abandoned.

   Each valid unrevoked and unexpired Variance shall expire and become null and void at the time specified in such Variance, or if no time is specified, at the expiration of two years after granting except where construction and/or use of the property in reliance on such Variance has commenced prior to its expiration; provided, however, that the period within which such construction and/or use must be commenced may be extended as provided by Section 7124.

   If prior to expiration of the Variance the applicant files a written application for extension, the period within which construction or use of the property in reliance on the Variance must be commenced may be extended by order of the Director, Planning Commission or Board of Supervisors, whichever granted the Variance, (or, in the case of a Variance granted by the Board of Planning and Zoning Appeals, by the Board of Supervisors) at any time within 90 days of the date of expiration as originally established. An application for such an extension shall be made on the prescribed form, shall be accompanied by the fee referenced in Section 7602, and shall be filed with the authority who granted the Variance. The period within which construction and/or use of the property in reliance on a Variance must be commenced may be extended subject to conditions, as provided by Section 7110. Decision of the Director, Planning Commission or Board of Supervisors pursuant to this section shall become effective as provided by Section 7112. Decisions of the Director, and Planning Commission may be appealed as provided by Section 7114. All other provisions of The Zoning Ordinance shall apply to an extension granted in accordance with this section.

   Any person holding a Variance may apply for a modification by complying with Section 7104.c. For the purposes of this section, the modification of a Variance may include modification of the terms of the Variance itself or the application, waiver, or alteration of conditions imposed pursuant to Section 7110. The following provisions of the Variance Procedure shall apply to the disposition of an application for the modification of a Variance: Sections 7104, 7105, 7107, 7108a. and 7110 through 7114, inclusive.

   If a Variance is granted or modified subject to one or more conditions, such Variance shall cease to be valid, and all rights or privileges granted thereby shall lapse, notwithstanding any other provisions of the Zoning Ordinance to the contrary, whenever there becomes final any judgment of a court of competent jurisdiction declaring one or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement of operation of one or more such conditions.

   A Variance may be revoked or modified for cause as provided by the provisions of this section. For purposes of this section, the modification of a Variance may include modification of the terms of the Variance itself or the waiver alteration or imposition of new conditions pursuant to Section 7110.

   The time limits prescribed for the Variance Procedure may be extended by the Board of Supervisors, the Planning Commission, or the Director, as appropriate, upon the consent of the applicant or appellant.

   No application for the granting of a Variance which has been denied shall be filed earlier than one year after the date such denial becomes effective, unless specific permission to do so has been granted as follows:

   The provisions of Section 7150 through Section 7199 shall be known as the Site Plan Review Procedure. The purpose of these provisions is to provide a review procedure for development proposals which is concerned with physical design, siting, interior vehicular and pedestrian access, and the interrelationship of these elements. Approval of a Site Plan does not authorize any use not otherwise permitted by this Ordinance.

   The Site Plan Review Procedure shall be followed when an application for a Site Plan has been filed as required by The Zoning Ordinance.

   The Director shall be responsible for administering the Site Plan Review Procedure and for reviewing and evaluating of all Site Plans submitted pursuant to this procedure.

   An application for a Site Plan or modification thereof shall be signed by all property owner(s) or agent(s) as provided in Section 7017, and shall be made to the administering agency on such forms and containing such information as is prescribed by him or her, and shall be accompanied by the fee, if any, fixed pursuant to Section 7602.

   The Director may forward a request for a Site Plan permit exemption to the applicable Community Planning or Sponsor Group for a recommendation prior to granting a Site Plan permit exemption request.

   This subsection "b" shall not apply to land falling with the coastal zone, as defined by the California Coastal Act of 1976.

   No building permit shall be issued for a project for which the Site Plan permit exemption has been granted except pursuant to plans bearing the Director's stamp granting such exemption. No deviation from aspects of such plans pertinent to the purposes for which a Site Plan review would otherwise have been required shall be permitted without prior approval of the Director.

   This Section shall not apply to those Site Plans required by a special area regulations designator where there are specific exemption criteria established under the special area regulations designator sections.

   Whenever an agency or board is required by this Ordinance to review a Site Plan submitted to the Director, the Director shall forward a copy of the application and accompanying plans, maps and diagrams to the appropriate agency or board within five working days after receiving a complete Site Plan application. In the case of Site Plans pursuant to the Community Design Review Area Regulations, each member of the applicable Community Design Review Board shall receive a copy of the project plans. The agency or board shall review the application and make its recommendations thereon to the Director. The Director shall not make a decision with respect to the Site Plan until he has considered the report and recommendation of the agency or board. Citizen Advisory Boards shall review and make recommendations within 21 days of receipt of said application unless no meeting is held within that time frame. If no recommendation is received within 45 days after transmitting the application to the agency or board, the Director may make a decision without the agency or board's recommendation. The Director may make a decision after 35 days, if the Director has either received recommendations from all agencies, boards and planning or sponsor groups to whom notice has been sent, or has been informed by said agencies, boards and/or planning or sponsor groups, that they will not be making recommendations. The Director shall transmit a copy of his decision to the agency or board at the time the decision is made.

   The Director shall review and evaluate Site Plans submitted to him in accordance with the following guidelines:

   Prior to approving a site plan the Director shall find:

   Site Plans may be approved or modified subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary or advisable under the circumstances so that the objectives of The Zoning Ordinance shall be achieved. Such conditions shall be imposed and enforced as follows:

   A decision of the Director pursuant to Section 7162, 7169 or 7172 may be appealed as follows:

   When a development proposal subject to Site Plan review is submitted concurrently with an application for a subdivision, use permit, variance, or an amendment of the Zoning Ordinance, the Site Plan review shall be under the jurisdiction of the officer or body having jurisdiction over the subdivision, Use Permit, Variance, or amendment application and shall be conducted concurrently with any review required thereby.

   A Site Plan may be revoked or modified for cause as provided by the provisions of this section. For purposes of this section, the modification of a Site Plan may include the modification of the terms of the Site Plan itself or the waiver, alteration, or imposition of new conditions pursuant to Section 7164.

   If a Site Plan is approved or modified subject to one or more conditions, such Site Plan shall cease to be valid, and all rights and privileges granted thereby shall lapse, notwithstanding any other provisions of the Zoning Ordinance to the contrary, whenever there becomes final any judgment of a court of competent jurisdiction declaring one or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions.

   A Minor Deviation or Modification to a Site Plan is not required for any Building, Structure or Projection listed in section 4835 or any use listed in the Accessory Use Regulations, sections 6150 – 6199, provided the Building, Structure, Projection or use meets the specific accessory use setbacks in the Site Plan and meets all other conditions and restrictions in the Site Plan. If the Site Plan does not specify setbacks for an Accessory Use or a Building, Structure or Projection listed in 4835, a Minor Deviation or Modification to the Site Plan is not required provided the Building, Structure, Projection or Accessory Use meets the least restrictive setbacks for the zone that applies to the subject site.

   Upon the approval of a site plan becoming final and effective, the Director shall cause a copy thereof to be filed with the San Diego County Recorder. The site to be recorded shall set forth the names of all owners of the property subject to the site plan. The recording of a site plan shall provide constructive notice to all purchasers, transferees, or other successors to the interests of the owners named in the site plan, of the rights and obligations created by the site plan.

   The provisions of Sections 7200 through 7249 shall be known as the Administrative Appeal Procedure. The purpose of these provisions is to prescribe the procedure by which an appeal may be taken from a written decision of the Director made pursuant to the administration of the Zoning Ordinance. An appeal is not authorized by this section where a decision of the Director is otherwise specified as a final decision.

   An application for an Administrative Appeal shall be made as follows:

   An appeal of an administrative decision or written request for permission to appeal pursuant to Section 7201.a.3, if made within the time specified in Section 7201 shall stay all proceedings in furtherance of the decision appealed and no building permit, license, or other permit that is the subject of the appeal, shall be issued until such time as the appeal has been acted on as set forth in Section 7205, or until permission to appeal has been denied. However, if the Director certifies to the Planning Commission that by reason of facts which the Director shall provide, a stay would cause imminent peril to life or property, the Planning Commission may determine that said proceedings shall not be stayed.

   On the filing of an administrative appeal, the officer or official whose decision is being appealed shall transfer to the Secretary of the Planning Commission the subject documents and papers on file pertinent to his decision, together with his report on the decision.

   The Planning Commission shall hold a public hearing on all administrative appeals, scheduled and noticed as required by Sections 7603 and 7605, respectively.

   Following the hearing on an appeal, the Planning Commission may either sustain the decision being appealed or render such new decision as it considers appropriate. Notice of the decision of the Planning Commission shall be mailed to the appellant and a copy thereof shall be attached to the record forwarded under Section 7203 and this record shall be returned to the forwarding party.

   Subject to provisions of Chapter 4 (commencing with Section 86.401) of Division 6 of Title 8 of the San Diego County Code, relating to appeals of environmental determinations, the decision of the Planning Commission on an Administrative Appeal shall be final and effective immediately.

   The provisions of this section shall be known as the Zoning Verification Permit. A Zoning Verification Permit is a ministerial permit for uses specified in the Zoning Ordinance. The Director or the Director’s designated officer shall review and evaluate applications for Zoning Verification Permits in conformance with standards and criteria set forth in the Zoning Ordinance and all other applicable standards, criteria, ordinances and laws. Any action of the Director or the designated officer pursuant to this section may be taken without notice or public hearing.

   The decision by the Director or designated officer pursuant to this section shall be final. (Added by Ord No. 10285 (N.S.) adopted 9-11-13)

   The provisions of Section 7350 through Section 7399 shall be known as the Use Permit Procedure. A use permit may be granted to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, through review and, where necessary, the imposition of special conditions of approval.

   The use permit procedure shall be followed when an application for a Use Permit has been filed as required by The Zoning Ordinance.

   Use Permits shall be classified and original jurisdiction exercised over them as follows, except as otherwise provided in Sections 7376 and 7378:

   An application for the granting of a use permit shall be made as follows:

   In community or subregional plan areas with community design review programs, applications for major use permits or major use permit modifications, for the following uses, shall be referred to the appropriate Community Design Review Board for advisory design review recommendation:

      Planned developments; standard mobilehome parks; mini-mobilehome parks; civic, fraternal or religious assembly; administrative services; clinic services; community recreation facilities; cultural exhibits and library services; group care; child care centers; and major impact services and utilities.

   All applications for granting or modifying a use permit and all actions to revoke or modify a use permit shall be heard at a public hearing scheduled and noticed as required by Section 7603, and 7605, respectively.

   The granting of a use permit does not limit or preclude the establishment or operation of any uses on the remainder of the lot(s) or parcel(s) outside the boundaries of the use permit as delineated pursuant to Section 7354.b.2. For the portion of the parcel covered by the use permit, no use shall be allowed within the use permit boundary other than those specified in the use permit except as specified in Section 6106 or 6158.e of the Zoning Ordinance. No additional uses, by right or conditionally permitted, shall be allowed within the use permit area without modification of the permit. If, subsequent to the granting of a use permit, the use(s) authorized thereby become permitted uses through a zoning amendment, or the holder of the use permit desires to terminate the use permit, the holder of the use permit may request, and the Director may approve, termination of the use permit. Upon such termination, the terms and conditions of the use permit shall no longer be applicable to that property or to the use thereof.

   Before any use permit may be granted or modified, it shall be found:

   Before a use permit may be granted or modified for a "Specific Hazardous Waste Facility Project" as defined in Health and Safety Code Section 25199.1, a “Large Wind Turbine” as defined in Section 1110, “Organic Materials Processing” as defined by Section 6977, or “Large Commercial Organic Processing” as defined in Section 6902, the following provisions shall be met:

   The Board of Supervisors, the Planning Commission, or the Director shall decide and notice matters concerning use permits as follows:

   Use permits may be granted or modified subject to the performance of such conditions, including the provision of required improvements, and for such period of time as the Planning Commission, the Board of Supervisors, or the Director, whoever grants or modifies the use permit, shall deem to be reasonable and necessary or advisable under the circumstances so that the objectives of the Zoning Ordinance shall be achieved. Such conditions shall be imposed and enforced as follows:

   As a condition of approval of a Major Use Permit, Minor Use Permit, use permit modification, or use permit extension for which an application was filed (as defined in Zoning Ordinance Section 1019 b.) before January 3, 2003, the applicant shall: (1) defend, indemnify and hold harmless the County, its agents, officers or employees from any claim, action or proceeding against the County, its agents, officers or employees to attack, set aside, void or annul the major use permit, minor use permit, use permit modification or use permit extension or any of the proceedings, acts or determinations taken, done or made prior to such decision; and (2) reimburse the County, its agents, officers or employees for any court costs and attorney's fees which the County, its agents, officers or employees may be required by a court to pay as a result of such approval. At its sole discretion, the County may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any obligation imposed by this condition. The County shall notify the applicant promptly of any claim or action and cooperate fully in the defense. Each applicant seeking approval of any Major Use Permit, Minor Use Permit, use permit modification, or use permit extension, for which an application was filed (as defined in Zoning Ordinance Section 1019 b.) on or after January 3, 2003, shall be subject to the defense and indemnification provisions found at Chapter 2 (commencing at section 86.201) of Division 6 of Title 8 of the San Diego County Code.

   Decisions of the Planning Commission, or the Director made pursuant to Section 7360 shall become final and effective on the eleventh day following the date of decision unless an appeal of the decision is filed as provided by Section 7366. All decisions of the Board of Supervisors made pursuant to Section 7360 shall be final and effective immediately.

   Use permit decisions pursuant to Sections 7360, 7376, 7378 or 7382 may be appealed as follows:

   Upon the approval of a use permit becoming final and effective, the Director shall cause a copy thereof to be filed with the San Diego County Recorder. The use permit to be recorded shall set forth the names of all owners of the property subject to the use permit. The recording of a use permit shall provide constructive notice to all purchasers, transferees, or other successors to the interests of the owners named in the use permit, of the rights and obligations created by the use permit.

   The granting or modification of a use permit shall not authorize or legalize the maintenance of any private or public nuisance.

   Each use permit granted pursuant to these provisions shall expire and become null and void at the expiration of one year after the purpose for which it was granted shall have been discontinued or abandoned.

   Each valid unrevoked and unexpired use permit shall expire and become null and void at the time specified in the permit. If no time is specified, then the use permit shall expire two years after granting unless construction and/or use of the property in reliance on the permit has commenced prior to its expiration; provided, however, that the period within which such construction and/or use must be commenced may be extended as provided by Section 7376.

   Notwithstanding the above, if the use permit is issued in conjunction with the approval of a subdivision map pursuant to the County Subdivision Ordinance, the use permit shall remain in full force and effect for the duration of the tentative approval for that subdivision map (including all extensions of that tentative map) and, if the subdivision map does not receive final approval, expire upon expiration of the tentative approval. If the subdivision map receives final approval, the use permit shall expire three years after recordation of the final or parcel map unless construction and/or use of the property in reliance of the permit has commenced prior to its expiration; provided, however, that the period within which such construction and/or use must be commenced may be extended as provided by Section 7376 and provided further, that construction complies with zoning regulations in effect at the time of construction.

(Supersedes Ord. No. 6155 (N.S.))

   If a use permit is granted or modified subject to one or more conditions, such use permit shall cease to be valid, and all rights or privileges granted thereby shall lapse, notwithstanding any other provisions of The Zoning Ordinance to the contrary, whenever there becomes final any judgement of a court of competent jurisdiction declaring one or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions.

   A use permit may be revoked or modified for cause as provided by the provisions of this section. For purposes of this section, the modification of a use permit may include the modification of the terms of the permit itself or the waiver, alteration or imposition of new conditions pursuant to Section 7362.

   The time limits prescribed for the Use Permit Procedure may be extended by the Board of Supervisors; or by the Planning Commission, or the Director, as appropriate, upon the consent of the applicant or appellant.

   No application for the granting or modifying of a use permit which has been denied shall be filed earlier than one year after the date such denial becomes effective, unless specific permission to do so has been granted as follows:

   All use permits in the formerly unzoned areas of the County, granted pursuant to Title 8, Division 4 and Title 8, Division 5, Chapter 2 of the San Diego County Code of Regulatory Ordinances, shall be referred to as Major Use Permits and shall be deemed to have been issued pursuant to the provisions of The Zoning Ordinance. Such permits shall be treated for all purposes as if they are Major Use Permits under the jurisdiction of the Planning Commission and which had been granted by the Planning Commission pursuant to Section 7360 of The Zoning Ordinance and shall be subject to all of the provisions of The Zoning Ordinance which apply to the administration of such Major Use Permits.

   The provisions of Sections 7400 through 7449, inclusive, shall be known as Density Bonus/Affordable Housing Permit Procedures. The purpose of these provisions is to provide a review procedure for a density bonus or any associated incentive, waiver or modification of development standards as requested by an applicant pursuant to the Density Bonus/Affordable Housing Program at Zoning Ordinance Sections 6350 through 6399, except that these procedures shall not apply to the County Affordable Senior Housing Program at Section 6360 a.2.

   Applications for a development that is subject to the streamlined, ministerial approval process shall be submitted in accordance with Government Code Section 65913.4.

   The Density Bonus /Affordable Housing Permit procedures shall be applied as required by the Zoning Ordinance, the General Plan, a Specific Plan, Tentative Subdivision Map, Tentative Parcel Map, or other discretionary development approval.

   The applicant shall submit an application for a Density Bonus/Affordable Housing Permit in accordance with the following requirements:

      The financial document shall address:

   The provisions contained within a density bonus housing agreement shall be enforceable by the County, and a violation of the agreement shall constitute a violation of this Ordinance.

   Upon the approval of a Density Bonus/Affordable Housing Permit becoming final and effective, the Director shall cause a copy thereof to be filed with the San Diego County Recorder. The permit shall set forth the names of all owners of the property subject to the permit. The recording of the permit shall provide constructive notice to all purchasers, transferees, or other successors to the interests of the owners named in the permit, of the rights and obligations created by the permit.

   The provision of Section 7500 through 7549, inclusive, shall be known as the Zoning Ordinance Amendment Procedure. The purpose of these provisions is to prescribe the procedure by which changes may be made in the text of the Zoning Ordinance and the application thereof to land within San Diego County. This procedure shall apply to all requests to change any property from one zone to another or to impose any regulation not theretofore imposed or to remove or modify any such regulation theretofore imposed.

   The Zoning Ordinance shall be amended as necessary to implement the San Diego County General Plan and to ensure consistency of The Zoning Ordinance with the General Plan, as provided by Sections 1001 and 1002, respectively.

   The Board of Supervisors shall have jurisdiction with respect to granting, denying, or modifying requests to amend The Zoning Ordinance. The Planning Commission shall make a recommendation to the Board of Supervisors on all requests to amend The Zoning Ordinance.

   Requests to amend the Zoning Ordinance may be initiated by:

   The application of a property owner or the agent of such owner requesting an amendment to the Zoning Ordinance as applied to his property shall be made as follows:

            (1)   Written agreements to relocate mobilehomes; and

            (2)   Assistance for low and moderate income tenants in the form of payment by the park owner of 80%, up to a maximum of $2,000, of the cost of relocating the mobilehome to another mobilehome park within 100 miles.

 

 

   In the consideration of a proposed amendment to the Zoning Ordinance which requests changing the zone classification applicable to any property, it may be determined that the public health, safety and welfare or the timely implementation of the San Diego County General Plan, require that provision be made for relocation of any occupants and the orderly subdivision of the subject property and/or that provision be made for adequate streets, drainage facilities, grading, sewers, utilities and other improvements, in order that the subject property and the area within which it is located may be properly developed in accordance with the different or additional uses to be permitted by the requested change of the zone classification. In such cases, the subject property may be provisionally reclassified as requested by the proposed amendment and the following procedures shall then apply.

      Thereafter, the property or portion thereof included in the Final Map or mobilehome park shall no longer be under provisional reclassification and the restrictions set forth in paragraph "b" of this section shall be disregarded as to such property.

   The provisions of Sections 7550 through 7599, inclusive, shall be known as the Historic/Archaeological Landmark and District Designation Procedure. The purpose of these provisions is to establish a procedure for the designation of historic and/or archaeological landmarks and districts.

   The Board of Supervisors may initiate the procedure to designate historic/archaeological landmarks and districts as follows:

   The Director shall review each application approved by the Historic Site Board and submit it to the Planning Commission with a report and recommendation along with the recommendation of the Historic Site Board. If the Planning Commission accepts the finding of the Historic Site Board that the nominated Landmark or District qualifies under the Site Listing Guidelines as a Historic and/or Archaeological Landmark or District, the Planning Commission shall initiate public hearings pursuant to Section 7603 and 7605 of this ordinance to reclassify the subject property or a portion thereof to apply the Historic/Archaeological Landmark or District Area "H" or Specific Historic District "J" designator which will subject the property to the Historic/Archaeological Landmark and District Regulations.

   The Board of Supervisors shall have jurisdiction over designation of historic and/or archaeological landmarks or districts. Upon recommendation of the Planning Commission, if the Board of Supervisors concurs with the findings of the Historic Site Board and Planning Commission that the nominated landmark or district qualifies under the Site Listing Guidelines and finds that the building, structure, site or collection of buildings or sites has historic, cultural, archaeological and/or architectural values significant in the history and/or prehistory of the County, the Board of Supervisors may approve reclassification of subject property to apply the Historic/Archaeological Landmark or District Regulations ("H" or "J" designator).

   Notwithstanding the above, the Historic Site Board and/or the Planning Commission may recommend, and the Board of Supervisors may act, to designate a honorary historic or archaeological landmark or district, by proclamation. Such actions are honorary designations only, and these sites are not subject to the provisions of Section 5700 et. seq., Historic/Archaeological Landmark and District Area Regulations.

   An application for revocation of designation of a historic and/or archaeological landmark or district shall be made as follows:

   No application for revocation of designation of a historic and/or archaeological landmark or district shall be approved unless at least one of the following findings is made:

      (1)   Is associated with events that have made a significant contribution to the broad patterns of San Diego County’s regional or community history and cultural heritage;

      (2)   Is associated with the lives of persons important to the history of San Diego County or its communities;

      (3)   Embodies the distinctive characteristics of a type, period, San Diego County region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or

      (4)   Has yielded or may be likely to yield, information important in prehistory or history.

   The provisions of Section 7600 through 7649, inclusive, shall be known as the Supplementary Administrative Procedures. The purpose of these provisions is to provide additional procedures for the administration of amendments of the Zoning Ordinance, Variances, Use Permits, Site Plan Permits, Planned Development Permits, Administrative Permits and Administrative Appeals.

   The Director shall prescribe the forms on which all applications shall be made pursuant to The Zoning Ordinance. The Director may prepare and provide blanks for such purpose and may prescribe the type of information to be submitted in the application by the applicant. No application shall be accepted unless it complies with such requirements.

   Fees shall be paid to the County of San Diego as provided by the Zoning Ordinance for the purpose of defraying the expense of postage, investigation, posting, advertising and other costs incidental to the proceedings prescribed herein. The following provisions shall apply to the establishment, waiver and refund of fees.

      Said costs shall include Parks and Recreation Department fees, planning and environmental review fees. Costs associated with review by staff of the Departments of Environmental Health and Public Works shall be waived in their entirety.

      Said costs shall include planning and environmental review fees. Costs associated with review by staff of the Departments of Environmental Health and Public Works shall be waived in their entirety.

   Public hearings required by The Zoning Ordinance shall be scheduled as follows:

   In the event that a required hearing cannot be held within said 120 days, the Director shall inform the Board as to the reasons for such delay.

   A hearing may be delayed when the deposit account for a project is in deficit. The hearing will be scheduled once adequate funds are deposited by the applicant.

   Any failure to hold a hearing within the time specified shall not affect the validity of any decision reached as the result of such hearing.

   Public hearings required by The Zoning Ordinance shall be conducted in accordance with the following provisions.

   Notice of the time and place of public hearings required by The Zoning Ordinance shall be given in the following manner:

   Public notices of hearings on proposed amendments of the Zoning Ordinance shall consist substantially of the words "Notice of Proposed Change of Zone Boundaries or Classifications," when appropriate, and otherwise "Notice of Proposed Amendment of the County Zoning Ordinance." Public notices of hearings on proposed Variances, use permits, and Administrative Appeals shall consist substantially of the words "Notice of Proposed Variance, Use Permit, or Administrative Appeal," respectively. All notices subject to this section shall describe the location of the property under consideration, the nature of the proposed change or permit, the time and place at which the public hearing or hearings on the matter will be held, and the name and phone number of cognizant County administrative personnel who may be called to provide interested parties with additional information.

   Where application is made for an amendment of The Zoning Ordinance which proposes changing the zone classification of any property or the boundaries of any zone, or for a Variance or Major Use Permit, the Director, or the Planning Commission shall have the discretion to include in the notice of hearing on such application, notice that the Planning Commission will consider classification other than that proposed and/or additional properties and/or uses and/or Variances. Where application is made for an ordinary Variance or a Minor Use Permit, the Director shall have the discretion to include in the notice of hearing on such application notice that the Director will consider additional uses and/or Variances.

   The Planning Commission, or the Director shall cause an investigation to be made of facts bearing on an application for granting, extending, or modifying, or an action to revoke or modify a variance or use permit, or whenever necessary to investigate a proposed amendment of The Zoning Ordinance, an application for a planned development permit, or an Administrative Appeal. The investigation shall include an analysis of precedent cases as will serve to provide all necessary information to assure action on each case consistent with the purpose of The Zoning Ordinance and with prior actions.

   A Minor Deviation to an Administrative Permit, Variance, Site Plan Permit or Use Permit may be authorized in accordance with the following provisions:

            (a)   A determination shall be made that the project change(s) do not result in a new or substantially increased significant impact in accordance with the California Environmental Quality Act (CEQA).

            (a)   A determination shall be made that the project change(s) do not result in the creation of a situation that would be detrimental to the health, safety, or welfare of the public.

            (b)   A determination shall be made that the project change(s) do not result in the elimination of project features required to meet other County of San Diego code requirements, including, but not limited to the following:

               (1)   Elimination of a trail that provides a connection through the project that is needed for regional connectivity.

               (2)   Reduction in the overall amount of parkland approved with the original project.

               (3)   Elimination of roads that are needed for emergency access, travel time, or to handle the traffic generated by the project.

               (4)   Reduction of area needed for required water supply well or onsite wastewater treatment system and reserve area.

   Notwithstanding any other provision of the Zoning Ordinance, all applications for the granting of a variance, use permit, zoning ordinance amendment request, and planned development permit shall include at least one of the following:

   The Board of Supervisors, Planning Commission, or Director, whoever has jurisdiction to grant, conditionally grant, or deny an application for which an environmental impact report has been prepared, shall consider such report as independent evidence in making the decision whether to grant, conditionally grant or deny the application. In addition to any other discretion granted by law, such Board, Commission or County officer shall have the authority to consider the adequacy of the environmental impact report and shall have the authority to require the preparation of a supplementary report in any case in which a supplementary report is deemed by it to be necessary as a basis for a decision on the application.

   Every bond to insure performance of conditions shall be a penalty bond and shall be in a form satisfactory to the Director, Planning Commission or Board of Supervisors, whoever requires same, shall be payable to the County of San Diego and shall be conditioned upon compliance with the conditions and limitations including any limitation of time, upon which such variance or use permit is granted. Upon the breach of any condition or limitation, including a limitation of time, upon which the variance or use permit is granted, the money or the bond furnished as security shall be forfeited to the County of San Diego and such money or the money collected on any such bond shall be paid into the general fund of the County of San Diego.

   An administrative deviation from the approved plot plan of a planned development authorized by Section 6600 et seq. of this ordinance may be approved by the Department for minor structures accessory to an individual residence. Deviations may be granted to allow construction or alteration of minor homeowner improvements such as patio covers, pools, spas, fences, or decks (except cantilevered decks or decks overhanging a slope). Room additions and detached accessory buildings no larger than 500 square feet or higher than one story may also be authorized.

   An administrative deviation may be granted by the Department if the Department finds that it meets the following requirements:

   Any decision by the Director pursuant to this section shall be final. Proposed planned development deviations for homeowner improvements deemed not to qualify under these provisions, must comply with the use permit modification provisions of Section 7378.

   Copies of maps, charts, plats and other descriptive matter made and provided for in this Ordinance may be sold by the Department at the cost of printing, bindings and distributing the same. All moneys received therefrom shall be paid into the County Treasury as provided by law.

   The provisions of Section 7700 through Section 7749, inclusive, shall be known as the Enforcement Procedures. The purpose of these provisions is to ensure compliance with The Zoning Ordinance. These provisions shall apply to the enforcement of The Zoning Ordinance, but shall not be deemed to exclude other measures.

   The Director shall have the authority to enforce all of the provisions of this Ordinance. All officials, departments, and employees of San Diego County vested with the authority to issue permits, certificates, or licenses shall adhere to, and require conformance with The Zoning Ordinance.

   Whenever they shall have cause to suspect a violation of any provision of The Zoning Ordinance; or whenever necessary to investigate either an application for granting, extension or modification of any application described in this Ordinance or in the Subdivision Ordinance, or an action to revoke or modify a variance or a use permit, or whenever necessary to investigate a proposed amendment of The Zoning Ordinance, the officials responsible for enforcement or administration of The Zoning Ordinance or their duly authorized representatives, may enter any site for the purpose of investigation, provided they shall do so in a reasonable manner. No owner or occupant or agent thereof shall, after reasonable notice and opportunity to comply, refuse to permit such entry. In the course of such inspection, no enclosed building or structure shall be entered without the express permission of the owner or occupant.

   It shall be unlawful for any person to use any property or erect, construct, enlarge, alter, repair, move, remove, improve, convert or demolish, equip, use, occupy or maintain any building or structure, or cause the same to be done, contrary to or in violation of any of the provisions of this Ordinance. Any person violating any of the provisions of this Ordinance, including the violation of any condition of a use permit, site plan, administrative permit, variance, or other discretionary permit shall be deemed guilty of a misdemeanor unless, in the discretion of the prosecutor, it is charged as an infraction.

   The Director may suspend or refuse to issue any building permit, including plumbing, electrical, mechanical and structural permits, if the Director determines that there is a violation of this or any other ordinance or regulation involving the property upon which the permit was applied for or was issued or involving signs advertising the subdivision or development within which the property is located.

   Written notice of such suspension or refusal to issue shall be mailed to the applicant for the building permit and to the property owner, if different from the applicant. Such written notice shall include information regarding the specific violation(s) and the action(s) necessary to abate such violation(s).

   The suspension or refusal to issue shall be rescinded upon submission of evidence satisfactory to the Director that such violations have been abated.

   Violation of the requirements of a Specific Plan adopted by the Board of Supervisors constitutes a violation of The Zoning Ordinance.