This Series constitutes the Administrative Provisions of the Development Title. It establishes the overall responsibilities of review and decision-making bodies and the criteria and procedures to be used to review and approve proposed land uses and development for compliance with the Development Title. The intent of this Division is to prescribe regulations and permitting procedures for the administration of this Title.

All use and development, including construction of buildings, improvements to the land, and changes in the use of land or structures, must obtain permits and approvals in accordance with this Title, unless specifically exempted.

The intent of this Chapter is to specify the roles and responsibilities of all bodies, officials, and administrators in implementing and enforcing this Title.

A Planning Agency for San Joaquin County is hereby created and established. It shall consist of the following:

(a)

Board of Supervisors;

(b)

Planning Commission;

(c)

Director of the Community Development Department;

(d)

Zoning Administrator;

(e)

Planning and Development Services Division; and

(f)

Environmental Review Officer.

The Board of Supervisors has the following functions as they apply to this Title:

(a)

Appointments. To exercise all appointing power provided under state law and this Title, including the appointment of the Director of the Community Development Department and the members of the Planning Commission;

(b)

Adoptions. To adopt the General Plan, Master Plans, Public Financing Plans, Special Purpose Plans, Specific Plans, regulations, ordinances, and environmental guidelines;

(c)

Amendments.

(1)

To initiate, consider, adopt, reject, or modify amendments to the General Plan map and text as required by the provisions of Chapter 9-807, General Plan Amendments, following a public hearing and recommended action by the Planning Commission;

(2)

To initiate, consider, adopt, reject, or modify amendments to the Zoning Map and to the text of the Development Title as required by the provisions of Chapter 9-808 (Development Title Text and Zoning Map Amendments) following a public hearing and recommended action by the Planning Commission;

(3)

To initiate, consider, adopt, reject, or modify amendments to Master Plans, Public Financing Plans, Special Purpose Plans, and Specific Plans, as appropriate, consistent with the procedures of Chapters 9-300, 9-612. 9-301, and 9-302, respectively;

(d)

Appeals. To be the final appellate body on all matters as specified in this Title;

(e)

Annual Reviews. To annually review the Capital Improvement Program of the County for its conformity with the General Plan, pursuant to Chapter 7 (commencing with Section 65400) of the Government Code;

(f)

Legislative Body. To serve as the legislative body as that term is used in the Subdivision Map Act; and

(g)

Environmental Reviews. To determine that there has been adequate environmental review under the provisions of the California Environmental Quality Act, of all matters the Board of Supervisors is considering.

The Planning Commission role as part of the Planning Agency shall be as provided in this Section.

(a)

Membership. The Planning Commission shall consist of five members who shall be appointed by the Board of Supervisors in the following manner:

(1)

Five members composed of one resident from each of the five Supervisorial Districts appointed by the Board Member for that District;

(b)

Term. The term of office of each member of the Planning Commission shall be four years beginning on the first day of the term of office of the Supervisor from whose Supervisorial District the member is appointed and ending on the last day of such Supervisorial term;

(1)

A member of the Planning Commission may continue in office after the end of the term of office until a successor member has been appointed by the Board of Supervisors and has taken the oath of office.

(2)

If a member is moved from one Supervisorial District into another because of a change in District boundaries, that member may complete the remainder of their term.

(3)

If a member moves out of the Supervisorial District that they serve, that member may complete the remainder of their term or until a new member is re-appointed.

(c)

Vacancies and Removal. Vacancies in the office of an appointed member of the Planning Commission shall be filled by appointment of the Board of Supervisors for the unexpired term.

(1)

Any member of the Planning Commission may be removed for cause by majority vote of the Board of Supervisors.

(2)

The Board of Supervisors shall declare a vacancy in the office of any member who is absent from three consecutive regular meetings of the Planning Commission without prior notification given to the Planning Commission Chairperson.

(3)

A vacancy in the office of Planning Commissioner shall occur upon the vacancy in the office of Supervisor of the Supervisorial District from which the Planning Commissioner is appointed.

(d)

Advisory Staff. The County Counsel, the Director of Environmental Health, and the Director of Public Works are designated as advisory staff to the Planning Commission. Each advisory staff may designate one deputy or assistant to attend Planning Commission meetings.

(e)

Officers and Rules. The Planning Commission shall operate with the following officers and rules:

(1)

The Planning Commission shall annually elect a Chairperson and a Vice-Chairperson from among the appointed members, but no appointed member shall be elected Chairperson or Vice-Chairperson for more than two consecutive terms.

(2)

The Director of the Community Development Department shall be the Secretary to the Planning Commission.

(3)

The Planning Commission shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, and determinations.

(4)

All decisions and recommendations of the Planning Commission shall be carried by the affirmative votes of not less than a majority of its total voting members.

(f)

Functions. The Planning Commission shall have the following functions in the administration of this Title and related regulations and policies:

(1)

Prepare, periodically review, and revise, as necessary, the General Plan for the County and any Master Plans, Special Purpose Plans, Specific Plans, and Planned Development Zones, as necessary or desirable for the implementation of the General Plan;

(2)

Consider and recommend amendments to the General Plan, Master Plans, Special Purpose Plans, Specific Plans, Planned Development zones, Zoning Maps, and this Title, as appropriate, to the Board of Supervisors;

(3)

Investigate and make recommendations regarding reasonable and practical means for implementing the General Plan;

(4)

Annually review the Capital Improvement Program of the County for its conformity with the General Plan, any Specific Plans, and all elements and parts of the General Plan, and provide a report concerning said Capital Improvement Plan to the Board of Supervisors;

(5)

Serve as the appellate body for discretionary staff decisions;

(6)

Review and act upon referrals or appeals from the Floodplain Administrator;

(7)

Act as the advisory agency on Major Subdivisions, as that term is used in the Subdivision Map Act;

(8)

Approve, conditionally approve, modify, or deny applications for Conditional Use Permits and Variances;

(9)

Determine that there has been adequate environmental review under the provisions of the California Environmental Quality Act, of all matters the Planning Commission is considering;

(10)

Recommend changes to the environmental guidelines for the County; and

(11)

Perform such other functions as the Board of Supervisors may require, including conducting studies and preparing plans other than those authorized by Title 7 of the Government Code.

(g)

Compensation. Members attending Planning Commission meetings shall receive compensation on a per meeting basis, plus mileage and actual and necessary expenses incurred in connection with carrying out the duties of a member of the Planning Commission, as approved by the Board of Supervisors.

The Director of the Community Development Department or their designee shall have the following functions in the administration of the Title and related regulations and policies:

(a)

Secretary. Serve as the Secretary to the Planning Commission.

(b)

Advisor. Act as the advisory agent or agency for Mergers, Minor Subdivisions, and Notices of Violation, as provided in Government Code Section 66415.

(c)

Administrator. Act as the chief administrative officer of the Planning and Development Services Divisions;

(1)

Maintain, interpret, and administer the Development Title, including oversight of processing of applications, abatements, and other enforcement actions;

(2)

Prepare and effect rules and procedures necessary or convenient for the conduct of the Director's business. These rules and procedures may include the administrative details of hearings officiated by the Director or the Zoning Administrator (e.g., scheduling, rules of procedure, and recordkeeping) as well as other written policies and procedures needed to implement this Title;

(3)

Issue administrative regulations for the submission and review of applications subject to the requirements of this Title and Government Code Section 65950 (Deadlines for Project Approval Conformance; Extensions), including determining what constitutes a complete application; and

(4)

Negotiate specific components and provisions of development agreements, as provided by Chapter 9-814.

(d)

Review Authority. Conduct the review of public projects as specified in Section 65402 of the Government Code.

(e)

Staff Review. Review and act upon all applications requiring Director approval.

(f)

Additional Responsibilities. The Director of the Community Development Department or their designee shall serve as or appoint the following positions:

(1)

Environmental Review Officer

(2)

Zoning Administrator

(3)

Building Official

(4)

Code Enforcement Manager

(5)

Fire Warden

(a)

Zoning Administrator's Responsibilities. The powers and duties of the Zoning Administrator under this Title include but are not limited to the following.

(1)

Interpret the Development Title for members of the public and other County Departments.

(2)

Review applications for discretionary permits and approvals under this Title for conformance with applicable submission requirements and time limits in accordance with Chapter 9-802, Common Procedures, and determine when applications are complete.

(3)

Provide public notice, as required pursuant to Section 9-802.070, Public Notice.

(4)

Hear and decide applications for Administrative Use Permits pursuant to Chapter 9-804, Use Permits.

(5)

Hear and decide requests for minor modifications to approved permits, pursuant to Section 9-802.120, Modification of Approved Plans.

(6)

Make decisions on requests for waivers of dimensional requirements, pursuant to Chapter 9-806, Waivers.

(7)

Review and make decisions on applications for signs under Chapter 9-408, Signs.

(8)

Make recommendations to the Planning Commission, the Historic Preservation Commission, and Board of Supervisors on all matters on which they have decision-making authority;

(9)

Investigate and make reports to the Planning Commission on violations of permit terms and conditions when the County has initiated revocation procedures, pursuant to Section 9-802.130, Modification or Revocation.

(10)

Review applications for permits and licenses for conformance with this Title, pursuant to Chapter 9-803, Zoning Compliance Review.

(11)

Refer items to the Planning Commission when the Zoning Administrator determines that the public interest would be better served by a Planning Commission public hearing and action.

(12)

Refer an application for investigation and a report to one or more expert consultant(s) qualified to advise as to whether the proposal will conform to the General Plan or any applicable Master Plans, Special Purpose Plans, Specific Plans, regulations, policies, development standards, and performance standards.

The Planning and Development Services Division shall have the following functions in the administration of this Title and related regulations and policies:

(a)

Administer Plans. Perform the duties required for the proper preparation and administration of the following plans, as provided by law, ordinance, and/or this Title:

(1)

General Plan

(2)

Master Plans and Public Financing Plans

(3)

Special Purpose Plans

(4)

Specific Plans

(5)

Planned Development Zones

(b)

Advise Boards and Commissions. Provide administrative support and professional advice to the Planning Commission, the Historic Preservation Commission, and Board of Supervisors;

(c)

Special Studies and Surveys. Perform special studies and surveys, as directed by the Board of Supervisors;

(d)

Publicize General Plan. Endeavor to promote public interest in, comments on, and understanding of the General Plan and regulations relating to it;

(e)

Consult on General Plan. Consult and advise with public officials and agencies; public utility companies; civic, educational, professional, and other organizations; and citizens concerning the preparation and implementation of the General Plan;

(f)

Coordinate Plans and Programs. Promote the coordination of local plans and programs with the plans and programs of other public agencies; and

(g)

Report to the Board of Supervisors. Provide an annual report to the Board of Supervisors on the status of the General Plan and progress in its implementation.

The role of the Environmental Review Officer shall be as provided in this Section.

(a)

Appointment. The Environmental Review Officer shall be appointed by the Director of the Community Development Department, and the position is commonly held by the Deputy Director of Planning.

(b)

Term. The term of the appointment shall be at the discretion of, and subject to termination by, the Director of the Community Development Department. If no appointment is made, the Deputy Director of Planning shall act as the Environmental Review Officer.

(c)

Functions. The Environmental Review Officer or their designee shall have the following functions in the administration of this Title and related regulations and policies:

(1)

Be responsible for the preliminary screening of projects to determine which are exempt from and which are subject to the requirements of the California Environmental Quality Act;

(2)

Conduct or oversee the conduction of Initial Studies and hold meetings, when necessary, to make determinations as to whether a Notice of Exemption will be issued, a Negative Declaration prepared, or an Environmental Impact Report required for a project;

(3)

Prepare or oversee preparation of the following environmental documents:

(A)

Notices of Exemption on projects that are exempt from the California Environmental Quality Act;

(B)

Negative Declarations or Mitigated Negative Declarations on projects that will have no significant effect on the environment;

(C)

Environmental Impact Reports on projects that may have a significant effect on the environment and

(4)

Prepare and maintain guidelines for the implementation of the California Environmental Quality Act by San Joaquin County.

This Chapter establishes the procedures that are common to the application for and processing of all permits and approvals provided for in the Development Title, except as superseded by a specific requirement of this Title or State law.

(a)

Authority to File Applications. The following persons and/or entities are considered qualified applicants and have authority to file an application for review or approval under this Title:

(1)

The owner of the subject property ("owner"), including any person, corporation, partnership or other legal entity that has a legal or equitable title to land that is the subject of a development proposal.

(2)

The owner's agent, with written consent of the owner.

(3)

The purchaser of the subject property, with written consent of the owner.

(4)

A lessee, with written consent of the owner.

(b)

Application Contents.

(1)

Application Forms. The Director must prepare and issue application forms that specify the information and materials required from applicants for projects subject to the provisions of the Development Title.

(2)

Electronic Submissions and Supporting Information and Materials. The Director may require the electronic submission of application materials, consistent with the Government Code, and also is authorized to request the submission of additional information and materials from the applicant when necessary to complete the review of the project. The information and materials may include, but are not limited to, written descriptions, photographs, plans, drawings, maps, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project. Unless otherwise specified, all renderings must depict the proposed structure, landscaping, and other improvements, and surrounding uses as they would appear after project completion.

(3)

Submittal Waivers. The Director may waive certain submittal requirements to tailor the requirements to the information necessary to review the particular application.

(4)

Public Review. All forms, information, and materials submitted in support or in opposition to an application become property of the County. These items may be distributed to the public, and will be made available for public inspection except for information that is legally allowed to be protected from public review. Upon reasonable request and during normal business hours, any person may examine these submittals in the Planning and Development Services Division. Unless prohibited by law, copies of these submittals will be made available at a reasonable cost.

(c)

Application Fees.

(1)

Schedule of Fees. The Board of Supervisors is responsible for maintaining a Master Fee Schedule for fees and deposits for permits, appeals, amendments, penalties, copying, and similar items to defray the cost of processing applications under this Title.

(2)

Payment of Fees. Payment of the fee is required in order for an application to be complete, unless a fee waiver has been granted. Preapplication fees may be applied toward the cost of a full application under the following circumstances:

(A)

If the full application is submitted no more than three years from the date the pre-application is deemed complete for processing, and

(B)

If the full application is substantially in conformance with the pre-application.

(3)

Multiple Applications. The County's processing fees are application specific. For example, if the application for a Master Plan includes a Conditional Use Permit, both fees will be charged unless otherwise stated.

(4)

Time and Materials. At the discretion of the Director or their designee, the fee for a project application or activity may be based on the actual County cost of processing the application or activity. The decision to use actual cost of processing shall be based on:

(A)

The extraordinary amount of staff time estimated to process the application; or

(B)

The lack of a specific adopted fee to address the project application or activity.

The decision must be made within thirty (30) business days after the application is declared complete. Actual cost shall include employee salaries and benefits, overhead, and materials.

(5)

Fees for Specialists. The County may use professional services as follows:

(A)

When special expertise is required,

(B)

To relieve workload peaks,

(C)

At the request of an applicant, or

(D)

For any other reason deemed appropriate by the Director.

The consultant shall be selected by the Director or their designee with the applicant being responsible for the cost of the professional services.

(6)

Reinitiation of Withdrawn Applications. At the discretion of the Director or their designee, an application that has been withdrawn may be reinitiated with no fee requirements if the following requirements are met:

(A)

Substantially the Same. The new application is substantially the same as the withdrawn application;

(B)

Processing. Processing of the new application will generally proceed from the point the withdrawn application stopped;

(C)

Elapsed Time. Less than eighteen (18) months have elapsed since the application was withdrawn; and

(D)

Consistency. The application is consistent with current provisions of this Title.

(7)

Refund of Fees. Application fees are non-refundable unless otherwise provided for in the County Code, by a policy of the Board of Supervisors, or at the discretion of the Director.

(a)

Purpose. Pre-Application Review is an optional review process for discretionary permits. This review's purpose is to provide information on relevant policies, zoning regulations, and procedures. This review is intended for large, complex projects and/or potentially controversial projects.

(b)

Exemption from Permit Streamlining Act. An application that is accepted for Pre-Application Review is not complete under the California Permit Streamlining Act unless and until the Zoning Administrator has received the application, reviewed it, and determined it to be complete as required by Section 9-802.050, Review of Applications.

(c)

Review Procedure. The Zoning Administrator conducts the Pre-Application Review. The Zoning Administrator may consult with or request review by any County agency, department, or official with interest in the application.

(d)

Recommendations are Advisory. Neither Pre-Application Review nor the information conveyed during the Pre-Application Review is a recommendation for approval or denial of an application by County representatives. Any recommendations that result from Pre-Application Review are advisory; they are not binding on the applicant or the County.

(a)

Review for Completeness.

(1)

Zoning Administrator Determination. The Zoning Administrator must determine whether an application is complete within 30 days of the date that the application is filed with the required fee. If the Zoning Administrator does not make such determination, the application is deemed complete pursuant to State law and shall be processed accordingly.

(2)

Historic Sites. If this Title requires a determination of whether the site of a proposed housing development is a historic site, that determination must be made at the time that an application is deemed complete.

(3)

Extensions. The Zoning Administrator and the applicant may mutually agree in writing to extend this time period.

(b)

Incomplete Application.

(1)

Zoning Violations. An application is incomplete if conditions exist on the site in violation of this Title or any permit or other approval granted in compliance with this Title, unless the proposed project includes a correction of the violation(s) or resolution of the violation is being addressed in a concurrent enforcement action.

(2)

Notification of Deficiencies. If an application is incomplete, the Zoning Administrator must provide written notification to the applicant specifically identifying how the application is deficient and stating that the Planning and Development Services Division will not process an incomplete application. The application must then be classified as "incomplete."

(3)

Correcting Deficiencies. The applicant must provide the materials and/or information required to correct the deficiencies in the application within the time limit specified by the Zoning Administrator, which must not be sooner than 30 days. The Zoning Administrator may grant one extension of up to 90 days.

(4)

Expiration of Application. If an applicant fails to correct any specified deficiency within the specified time limit, the application will be deemed expired. After the expiration of an application, the submittal of a new, complete application is required.

(5)

Appeal of Determination. The decision that an application is incomplete may be appealed to the Planning Commission in accordance with Section 9-802.150, except that there must be a final written determination on the appeal no later than 60 days after the Planning Commission's receipt of the appeal.

(c)

Complete Application.

(1)

Complete Application Required. An application must be complete before review of the application begins.

(2)

Determination of Complete Application. An application is complete when the Zoning Administrator determines that it is submitted on the required form, includes all the necessary information to decide whether the application will comply with the requirements of this Title, and is accompanied by the applicable fee(s). The Zoning Administrator's decision under this paragraph is final and not subject to review by a decision-making body.

(3)

Recording Date and Scheduling Hearing. When an application is determined to be complete, the Zoning Administrator must make a record of that date. If the application requires a public hearing, the Zoning Administrator must schedule it within a reasonable period of time (not more than 60 days from the date of the application is determined to be complete) and notify the applicant of the date and time.

When multiple applications that require public hearings are filed for the same projects, all issues shall be heard together by the review authority with the highest authority, and other review bodies shall provide recommendations to that review authority unless more specific procedures for a specific application or procedure are prescribed elsewhere in the Development Title. In other words, if an application for a Zone Reclassification and an application for a Use Permit are filed for the same project, then both of those applications shall be heard by the Planning Commission to make a recommendation to the Board of Supervisors.

Before approving any application subject to discretionary review under this Title, the requirements of the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) must be met.

(a)

Procedures. The County adopts and incorporates by reference the State CEQA Guidelines as its environmental review procedures.

(b)

Determination of Exemption. The Environmental Review Officer must determine whether a project is exempt from environmental review under CEQA and, if so, must make a record of that determination. If the project is not exempt, a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report must be prepared at the applicant's expense.

(c)

Exempt Projects. Prior to approving the project, the decision-maker(s) must first approve the Environmental Review Officer's determination of an exemption. Following project approval, a Notice of Exemption need not be filed with the Recorder-County Clerk unless the applicant requests it, or the County determines that it is necessary. The applicant must pay all filing fees for the Notice of Exemption.

(d)

Non-exempt Projects. If the Environmental Review Officer determines that the project is not exempt from environmental review under CEQA, the following apply:

(1)

The applicant must be notified and must deposit with the County sufficient funds to pay the anticipated cost of preparation and processing of the required environmental document, including the County's administration fee.

(2)

Prior to approving the project, the decision-maker must first approve the Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report. Any identified mitigation measures must be incorporated into the conditions of approval of the project unless a Statement of Overriding Considerations is adopted.

(3)

Following project approval, a Notice of Determination must be filed with the San Joaquin Clerk of the Board-Recorder's Office, County Recorder Division at the applicant's expense.

Whenever the provisions of this Title require public notice, notification must be provided in compliance with this section and State law. Unless otherwise specified in the Development Title or applicable State law, all notice must be provided at least 10 days prior to the public hearing or, where no hearing is required, 15 days before the date of action. The type of notice(s) required is indicated in Table 9-802.170, Decision Making, Public Hearing, and Notice Requirements.

(a)

Contents of Notice. The notice must include the following information:

(1)

The location of the real property, if any, that is the subject of the application;

(2)

A general description of the proposed project or action;

(3)

The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

(4)

The identity of the hearing body or officer;

(5)

The names of the applicant and the owner of the property that is the subject of the application;

(6)

The location and times at which the complete application and project file may be viewed by the public;

(7)

If a public hearing is required, a statement that any interested person or authorized agent may appear and be heard; and

(8)

A statement describing how to submit written comments, what the appeal procedures are, and that failure to raise an issue may limit appeal rights.

(b)

Types of Notice.

(1)

On-Site Poster (Type A). The applicant erects a poster on the site of the proposed project, readily visible to the public, in a format prescribed by the Zoning Administrator. This poster must remain in place until the public hearing or date of action, after which the applicant must remove the poster.

(2)

Limited Notice (Type B). Notice is provided by first class mail delivery to the applicant, the owner, any occupant of the subject property, and all property owners of record within 300 feet of the subject property as shown on the latest available assessment role.

(3)

Posted and Online Notice (Type C). Notice is posted at County's Administrative Office and on the County's website and at two additional public places within the County.

(4)

Newspaper Notice (Type D). A display advertisement of sufficient size to convey the required information, consistent with Government Code Sections 6040 through 6044, is published in a newspaper of general circulation.

(5)

Mailed Notice (Type E). Notice is provided by first class mail delivery to the parties listed below. If the number of owners to whom notice would be mailed or delivered to is greater than 1,000, Type D newspaper notice may be used instead.

(A)

The applicant, the owner, and any occupant of the subject property.

(B)

Depending on the General Plan designation of the property involved, a notice of the hearing, for property-specific applications only, shall be mailed to all owners of real property as shown on the latest tax rolls, as follows:

(i)

In agricultural and conservation areas, and in freeway service and industrial areas outside of communities, all owners of property within 2,600 feet of the perimeter of the property. However, property owners of no more than 10 parcels in any direction need to be notified, provided all owners within 1,000 feet are notified;

(ii)

In rural residential and very low-density residential areas, all owners of property within 1,000 feet of the perimeter of the property. However, property owners of no more than five parcels in any direction need to be notified, provided all owners within 500 feet are notified; and

(iii)

In all other areas, all property owners within 500 feet of the perimeter of the property.

(iv)

All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located.

(C)

For property-specific applications only, notice of the hearing shall be mailed or sent by email to each local agency expected to provide water, sewage disposal, streets, roads, schools, parks, or other essential facilities or services to the project.

(D)

Any person or group who has filed a written request for notice regarding the specific application and has paid any required fee that the Board of Supervisors has adopted to provide such service.

(E)

The Zoning Administrator can require additional notification, as deemed necessary, on a case-by-case basis.

(6)

Additional Notice (Type F). Notice may be provided in any other manner deemed necessary or desirable by the Zoning Administrator.

(c)

Failure to Receive Notice. The validity of the proceedings is not affected by the failure of any person or entity to receive notice under this Section.

Whenever the provisions of this Title require a public hearing, the hearing must be conducted in compliance with the requirements of State law and as follows.

(a)

Staff Report. At least five days prior to the hearing, the Zoning Administrator must issue a staff report containing an analysis of the project, recommendation for action, and any recommended conditions of approval deemed necessary to ensure that the project will comply with the General Plan, any applicable Master Plan, Public Financing Plan, Special Purpose Plan, Specific Plan, or Planned Development zone, the Development Title, and any other applicable County regulations.

(b)

Presentations. At the hearing, the Zoning Administrator must briefly present his or her analysis of the project and recommendation for action. If the hearing is before the Board of Supervisors, the Planning Commission's recommendation must also be presented. The applicant must be provided an opportunity to make a presentation.

(c)

Testimony. Any person may appear at the public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization.

(d)

Time Limits. The presiding officer may establish time limits for individual testimony and may request that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

(e)

Continuation of Public Hearing. The body conducting the public hearing may continue it to a fixed date, time and place, in which case no additional notification is required. Or, the body conducting the public hearing may continue it to an undetermined date and provide notice of the continued hearing when the date, time and place for the hearing have been determined.

(f)

Investigations or Actions. The body conducting the public hearing may require investigations or actions to be conducted, as it deems necessary and in the public interest, in any matter to be heard by the hearing body. The investigation or action may be made by a committee of one or more members of the hearing body or by County staff. Facts established by the investigation and results of actions will be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the body in making its decision.

When making a decision to approve, approve with conditions, modify, revoke or deny any discretionary permit under this Title, the responsible decision-maker must issue a Notice of Action and make findings as required by this Title.

(a)

Date of Action. After the close of the public hearing or, if no hearing is required, no sooner than ten days after any notice was provided, the decision-maker must make a decision to approve, approve with conditions, or deny the application. Decisions must also be made within any applicable time period set forth below.

(1)

Project Exempt from Environmental Review. Within 30 days of the date the County has determined an application to be complete, a determination must be made whether the project is exempt from Environmental Review per State CEQA requirements.

(2)

Project for which a Negative Declaration or Mitigated Negative Declaration is Prepared. Within 60 days of the date a Negative Declaration or Mitigated Negative Declaration has been completed and adopted for project approval, the County must take action on the accompanying discretionary project.

(3)

Project to Develop Affordable Housing for which an Environmental Impact Report is Prepared. Within 90 days from the date that the decision-making authority certifies the Final Environmental Impact Report for an affordable housing project that meets the criteria set forth in California Government Code Section 6590(a)(2) for environmental review of affordable housing projects, the County must take action on the accompanying project.

(4)

Project for which an Environmental Impact Report is Prepared. Within 180 days from the date the decision-making authority certifies a Final Environmental Impact Report, the County must take action on the accompanying discretionary project.

(b)

Findings. The decision must be based on the findings required by this Title. The findings must be based on consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and must be stated in writing. They may refer to a County resolution, ordinance, or record of the action on the application.

(c)

Conditions of Approval. In approving an application, the decision-maker may impose reasonable conditions it deems necessary to ensure that the project will comply with the General Plan, any applicable Master Plan, Public Financing Plan, Special Purpose Plan, Specific Plan, or Planned Development zone, the Development Title, and any other applicable County regulations.

(d)

Referral Back to Planning Commission. In approving applications requiring Board approval upon a recommendation of the Planning Commission, the Board of Supervisors may add, modify, or delete any terms of the permit itself or any provisions of the conditions of approval. Such action may, but need not be, referred back to the Planning Commission for its review and recommendation.

(e)

Notice of Decision. After the decision is made, the Zoning Administrator must issue a notice of decision. For a Planning Commission or Board action, this notice must consist of the approved resolution or ordinance and any associated conditions of approval. For a decision by any other decision-maker, a letter must be issued to the applicant indicating the decision and any written findings and conditions of approval. A copy of the notice must also be provided to any other person or entity that has filed a written request of such notification.

A final decision on an application for any discretionary approval subject to appeal is effective after the expiration of the 10-day appeal period following the date of action, unless an appeal is filed. No Building Permit or Business License for the structure or use that is the subject of the application may be issued until after the close of the 10-day appeal period.

(a)

Expiration. The decision-maker, in the granting of any permit or approval, may specify a time within which the proposed use or construction must be undertaken and actively and continuously pursued. If no time period is specified, any permit or approval granted under this Title automatically expires if it is not exercised or extended within one year of its issuance.

(1)

Exercise of Use Permit. A permit for the use of a building or land that does not involve construction is exercised when the permitted use has commenced on the site.

(2)

Exercise of Building Permit. A permit for the construction or alteration of a building or structure is exercised when a valid County Building Permit, if required, is issued, and construction has lawfully commenced.

(b)

Extensions. The Zoning Administrator may grant a two-year extension of any permit or approval granted under this Title upon receipt of a complete written application with the required fee prior to the approval's expiration date. In order to grant an extension, the Zoning Administrator must make all of the following findings:

(1)

The applicant has clearly documented that he or she has made a good faith effort to commence and diligently pursue work;

(2)

It is in the best interest of the County to extend the approval;

(3)

There are no substantial changes to the project, no substantial changes to the circumstances under which the project is undertaken, and no new information of substantial importance that would require any further environmental review pursuant to the California Environmental Quality Act; and

(4)

The applicant is maintaining the property in compliance with all applicable County regulations.

(c)

In granting an extension pursuant to subsection (b) above, the decision-maker may modify the conditions of approval as deemed necessary to fulfill the purposes of the Development Title.

(a)

Minor Modifications. The Zoning Administrator may approve minor modifications to approved plans or conditions of approval that are substantially consistent with the original findings and conditions of approval and that would not intensify any potentially detrimental effects of the project. Changes to less than 20 percent of a project's new floor area are considered minor modifications that may be approved by the Zoning Administrator.

(b)

Major Modifications. Modifications that the Zoning Administrator determines are not minor require the approval of the original decision-maker.

(1)

Exceptions apply to projects appealed to the Board of Supervisors for which the Planning Commission is normally the decisions-maker. Modifications to these items will be reviewed by the Planning Commission.

(2)

Any person holding a permit granted under this Title may apply for such modification by following the same procedure required for the initial application for the permit. Such modifications may be to the terms of the permit itself or to conditions of approval.

Any permit granted under this Title may be revoked or modified for cause if any of the conditions or terms of the permit are violated or if any law or regulation is violated. The provisions of this section are not applicable to the termination of nonconforming uses, which are governed by the provisions of Chapter 9-405, Nonconforming Uses, Structures, and Lots.

(a)

Automatic Revocation. At the discretion of the Review Authority, a development approval that has been granted or modified subject to one or more conditions, may cease to be valid, and all rights or privileges that were granted shall lapse, even if other provisions in the Title are to the contrary, in the following circumstances:

(1)

If any final judgment of a court of competent jurisdiction declares that one or more of the conditions are void or ineffective and such condition(s) are necessary to the continued operation of the use; or

(2)

If the enforcement or operation of one or more of the conditions are permanently enjoined or otherwise prohibited.

(b)

Initiation of Proceeding. The Zoning Administrator, the Planning Commission, or the Board of Supervisors may initiate modification or revocation proceedings.

(c)

Public Notice. Notice of Modification or Revocation must be provided if the original permit required notice.

(d)

Required Findings. After a duly-noticed public hearing, a permit may be modified or revoked by the original decision-maker under any one of the following findings:

(1)

The approval was obtained by means of fraud or misrepresentation of a material fact;

(2)

One or more of the conditions upon which such development approval was granted have been violated;

(3)

The use or facility for which the development approval was granted is so conducted or maintained as to be detrimental to the public health or safety, or as to be a public nuisance of the conditions upon which such development approval was granted have been violated;

(4)

The use, building, or structure has been substantially expanded beyond what is set forth in the original permit, thereby causing substantial adverse impacts to the surrounding neighborhood;

(5)

The use in question has ceased to exist or has been suspended for one year or more; or

(6)

There is or has been a violation of or failure to observe the terms or conditions of the permit or approval, or the use has been conducted in violation of the provisions of this Title or any other applicable law or regulation.

(e)

Notice of Action. A written determination of the modification or revocation must be mailed to the permit holder within five days of determination.

(f)

Appeals. A modification or revocation decision of the Zoning Administrator, the Director, or the Planning Commission may be appealed pursuant to Section 9-802.0140, Appeals.

(a)

Purpose and Applicability. This section establishes the procedures for appeals of any discretionary action in the administration or enforcement of the provisions of this Title, as long as the decision is not prescribed as final in the individual section of this Title that authorizes the decision.

(1)

Discretionary Decisions at Staff Level. Discretionary decisions at staff level on permits and related approvals may be appealed to the Planning Commission by filing a written appeal with the Community Development Department.

(2)

Appeals of Discretionary Decisions at Planning Commission. Discretionary decisions of the Planning Commission on permits and related approvals may be appealed to the Board of Supervisors by filing a written appeal with the Community Development Department. Appeal decisions of the Board of Supervisors are final.

(b)

Appeal Period. Unless otherwise specified, appeals shall be filed within 10 days of the date of action, with the first day of the appeal period beginning the day after action is taken on the project, and if filed, shall stay any further action on the permit until finally resolved. If the end of the appeal period falls on a nonbusiness day, the appeal period shall be extended to include the close of the next business day.

(c)

Who May Appeal. Appeals may be filed only by one of the following:

(1)

The applicant or the applicant's representative;

(2)

A person who may be adversely affected by the decision or who has participated in the review process by submitting written or oral testimony on the application or by attending a public hearing on the application; or

(3)

A person who was prevented from participating in the review by circumstances beyond his or her control.

(d)

Time Limits. Unless otherwise specified in State or Federal law, all appeals must be filed in writing within 10 days of the date of the action, decision, motion, or resolution from which the action is taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the County is closed, the appeal period is extended to the close of business on the next consecutive business day.

(e)

Procedures.

(1)

Filing. The appeal must be written on the appropriate form provided by the County, identify the decision being appealed, clearly and concisely state the reasons for the appeal, and also state specifically how and where the underlying decision constitutes an abuse of discretion and/or is not supported by substantial evidence in the record. The appeal must be accompanied by the required fee.

(2)

Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of County building permits and business licenses.

(3)

Transmission of Record. The Director or, in the case of appeals to the Board, the Clerk of the Board must schedule the appeal for consideration by the authorized hearing body within 60 days of the date the appeal is filed. The Director must forward the appeal, the notice of action, and all other documents that constitute the record to the hearing body. The Director must also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

(f)

Standard of Review. The appellate body will review whether the underlying decision is supported by substantial evidence and/or constitutes an abuse of discretion. The same standards and evaluation criteria, including the findings required, apply as they were for the original application. The appellate body's review is limited to the issue(s) raised in the petition for appeal.

(g)

Public Notice and Hearing.

(1)

Notice. Public notice must be provided, and the hearing conducted by the applicable appeal body in accordance with Sections 9.802,070 and 9.802.080. Notice must be provided in the same manner that was required for the action that is the subject of the appeal. Notice of the hearing must also be given to the applicant, the party filing the appeal, and any other interested person who has filed with the Clerk of the Board a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of the appeal must also be given to the Planning Commission. The Planning Commission may be represented at the hearing.

(2)

Hearing. At the hearing, the appellate body must review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party.

(h)

Action. The appellate body may affirm, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body must state the specific reasons for modification or reversal. Decisions on appeals must be rendered within 30 days of the close of the hearing. An action to grant an appeal requires a majority vote of the hearing body members. A tie vote has the effect of rejecting the appeal.

(i)

Referral Back by Board of Supervisors. The Board of Supervisors may choose to refer a matter back to the Planning Commission for further consideration and a decision if significant new evidence is presented in conjunction with the appeal, which may include substantial changes to the original proposal.

(j)

Judicial Action. The appellate body's final decision may be subject to litigation in the Superior Court. Exhaustion of the administrative remedies provided in in this Title, in accordance with Government Code Section 65009 and common law, may be required for the Court to hear the merits of the litigation.

Unless otherwise specified, applications shall be approved for a maximum of 36 months from the effective date of approval. In order for incomplete Zoning Compliance Reviews and other land use permits to remain in active status beyond 36 months, the following must occur:

(a)

Requirements or Conditions. All conditions of approval must be complied with;

(b)

Building Permits. All required Building Permits (excluding any future permits allowed with an alternative phasing timeline by an approved land use permit) shall be issued prior to the expiration date of the land use permit;

(c)

Public Improvement Plans. All required Public Improvement Plans (excluding any future permits allowed with an alternative phasing timeline by an approved land use permit) shall be approved prior to the expiration date of the land use permit;

(1)

Public Improvement Plans shall be submitted to the Department of Public Works no less than one (1) month prior to the expiration date of the land use permit, unless permitted by the Director;

(d)

Other Permits. All required permits from other public agencies (excluding any future permits allowed with alternative phasing by an approved land use permit) shall be issued prior to the expiration date of the land use permit, unless otherwise stated.

No application may be accepted if a similar application has been finally denied during the immediately preceding one-year period. For the purposes of this Section, "similar application" shall mean an application under the same regulation applicable to the same property. This Section shall not apply to applications denied without prejudice, which can be resubmitted within one year upon payment of a fee as set forth by resolution of the Board of Supervisors.

Table 9-802.170 summarizes decision-making responsibilities for the various discretionary permits and actions under this Title and the public notice required for them if applicable.

(Ord. No. 4632, § 25, 9-26-2023)

(a)

Purpose and findings.

(1)

The Board of Supervisors finds that applications for any land use project for which a discretionary permit is required pursuant to the Development Title may require environmental review by the County pursuant to the California Environmental Quality Act ("CEQA").

(2)

Substantial County time and effort are expended in complying with CEQA's requirements and other legal requirements before approving such projects.

(3)

Judicial challenges to the County's approvals of such projects are costly and time consuming. Challengers often seek an award of attorneys' fees in such challenges. As applicants are the primary beneficiaries of project approval, the Board of Supervisors finds that applicants should bear the expense of defending the project approval against any such judicial challenge, including but not limited to damages, costs, expenses, attorneys' fees, and expert witness costs that may be asserted by any person or entity against the County, private attorney general fees claimed by or awarded to any party against the County, and the County's costs incurred in preparing an administrative record which are not paid by the petitioner.

(b)

Indemnification agreement.

(1)

As part of the application process for a land use project, and as a condition of the County processing and deeming such an application complete, the applicant shall sign the indemnification statement agreeing to indemnify, defend (with counsel reasonably approved by County), and hold harmless the County and its officers, officials, employees, agents, boards and commissions (collectively "County") as follows:

(A)

Indemnity: The applicant shall indemnify the County:

(i)

From and against any and all claims, demands, actions, proceedings, lawsuits, losses, damages, judgments and/or liabilities arising out of, related to, or in connection with the application and applied for project or to attack, set aside, void, or annul, in whole or in part, an approval of the applied for project by the County, the adoption of environmental review documents related to the applied for project, and any related development approvals or project conditions for the applied for project (hereinafter in this Chapter referred to as "Claim");

(ii)

For any and all costs and expenses incurred by the County on account of any Claim, except where such indemnification is prohibited by law, including but not limited to damages, costs, expenses, attorney's fees, or expert witness costs that may be asserted by any person or entity, private attorney general fees claimed by or awarded to any party against the County, and the County's costs incurred in preparing an administrative record which are not paid by the petitioner.

(iii)

For all of County's costs, fees, and damages incurred in enforcing the indemnification agreement.

(iv)

Except as to the County's sole negligence or willful misconduct.

(B)

Defense:

(i)

The County may participate or direct the defense of any Claim. The County's actions in defense of any claim shall not relieve the applicant of any obligation to indemnify, defend, and hold harmless the County.

(ii)

In the event of a disagreement between County and the applicant regarding defense of any Claim, the County shall have the authority to control the litigation and make litigation decisions, including, but not limited to, the manner in which the defense is conducted.

(iii)

If the County reasonably determines that having common counsel presents such counsel with a conflict of interest, or if the applicant fails to promptly assume the defense of any Claim or to promptly employ counsel reasonably satisfactory to the County, then County may utilize the Office of the County Counsel or employ separate outside counsel to represent or defend the County, and the applicant shall pay the reasonable attorneys' fees and costs of such counsel.

(2)

The agreement shall be on a form approved by the Director, and shall contain the following provisions in regards to the County:

(A)

The County shall promptly notify the applicant of any Claim and if the applicant is not promptly notified, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the county;

(B)

The County shall cooperate fully in the defense of the Claim, and if the County fails to do so, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the County; and

(C)

The County shall not require the applicant to pay or perform any settlement unless the settlement is approved by the applicant.

(c)

Indemnification requirement is applicable even if applicant fails or refuses to sign the indemnification statement agreeing to indemnify, defend, and hold the County harmless.

Even if the applicant for a land use project refuses to sign the indemnification statement agreeing to indemnify, defend (with counsel reasonably approved by County), and hold harmless the County and its officers, officials, employees, agents, boards, and commissions, the applicant, or the owner of the subject property if different from the applicant, shall:

(1)

Defend, indemnify, and hold harmless the County from any Claim brought against the county to attack, set aside, void, or annul the County's decision to approve the land use project.

(A)

This indemnification shall include any and all costs and expenses incurred by the County on account of any Claim, except where such indemnification is prohibited by law, including but not limited to damages, costs, expenses, attorney's fees, or expert witness costs that may be asserted by any person or entity, private attorney general fees claimed by or awarded to any party against the County, and the County's costs incurred in preparing an administrative record which are not paid by the petitioner.

(2)

Defend, indemnify, and hold harmless the County for all costs incurred in additional investigation of or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as a negative declaration, Environmental Impact Report, specific plan, or general plan amendment), if made necessary by such a challenge and if applicant desires to pursue securing such approvals, after initiation of such claim, action or proceeding, which are conditioned on the approval of such documents; and

(3)

Indemnify the County for all of the County's costs, fees, attorneys' fees, and damages which the County incurs in enforcing the indemnification provisions set forth in this section.

(d)

Indemnification—Payment on demand.

The applicant shall pay to the County upon demand any amount owed to the County pursuant to the indemnification requirements prescribed in this chapter.

This Chapter establishes ministerial procedures for conducting a zoning compliance review to verify that each new or expanded use or structure complies with all of the applicable requirements of this Title.

Zoning compliance review is required for buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building that are allowed as a matter of right by this Title. Before the County may issue any business license, building permit, subdivision approval, lot line adjustment, or any other license, approval, or permit, the Zoning Administrator must review the application to determine whether the use, building, or change in lot configuration complies with all provisions of this Title and any applicable Master Plan, Special Purpose Plan, Specific Plan, or Planned Development zone, Use Permit or Variance approval, and that all conditions of such permits and approvals have been satisfied.

(a)

Application. An application for zoning compliance review must be filed and processed in accordance with the provisions of Chapter 9-802, Common Procedures.

(b)

Determination. The Zoning Administrator must review the application to determine whether the proposed use or construction is allowed by right, requires any type of discretionary planning permit, is allowed pursuant to any previously approved permit, or is prohibited. If the Zoning Administrator determines that the proposal conforms to the requirements of this Title and any applicable Master Plan, Special Purpose Plan, Specific Plan, or Planned Development zone, a Zoning Certificate will be issued. If the Zoning Administrator determines that the proposal does not conform to the requirements of this Title or any applicable master plan, specific plan, or Planned Development zone, a Zoning Certificate will not be issued, and the applicant will be advised as to how the proposal can be brought into compliance.

The Zoning Administrator's determination may not be appealed.

(Ord. No. 4623, § 28, 5-2-2023)

The purpose this Chapter is to provide a method of reviewing proposed uses which possess characteristics that require special appraisal in order to determine if the uses have the potential to adversely affect other land uses, transportation, or facilities in the vicinity. More specifically, this Chapter establishes procedures for the approval, conditional approval or disapproval of Use Permits when required by this Title. A Use Permit is an administrative permission for uses not allowed as a matter of right in a zone. The decision-maker (the Planning Commission or the Zoning Administrator) may require conditions of approval necessary to eliminate, or minimize to an acceptable level, any potential adverse effects of the use.

(a)

Conditional Use Permits. The Planning Commission must approve, conditionally approve, or deny applications for Conditional Use Permits based on consideration of the requirements of this Title.

(b)

Administrative Use Permits. The Zoning Administrator must approve, conditionally approve, or deny applications for Administrative Use Permits based on consideration of the requirements of this Title. The Zoning Administrator may, at his/her discretion, refer any application for an Administrative Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for a decision rather than acting on it himself/herself. In that case, the application must be processed as a Conditional Use Permit.

(a)

Common Procedures. Applications for Use Permits must be filed and processed in compliance with procedures in Chapter 9-802, Common Procedures.

(b)

Public Notice and Hearing. All applications for Conditional Use Permits require public notice and hearing before the Planning Commission, and all applications for Administrative Use Permits require public notice and hearing before the Zoning Administrator. All hearings shall be conducted in accordance with Chapter 9-802, Common Procedures.

Existing uses subject to a Use Permit may be expanded pursuant to this Section.

(a)

Required Conditions. When an existing use has a Use Permit, the Zoning Administrator may approve plans for the expansion of the existing use when the expansion complies with all of the following conditions:

(1)

The building or use expansion is incidental to the existing use;

(2)

The building or use expansion does not result in a change of use;

(3)

No building expansion involves more than a 25 percent increase in existing building floor area or over 10,000 square feet; whichever is less;

(4)

The building or use expansion, in the opinion of the Zoning Administrator, would not have a substantial adverse effect on adjacent property; and

(5)

The building or use expansion complies with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency as determined by the Zoning Administrator.

(b)

Conditions Not Met. If a proposed expansion does not comply with the conditions in Subsection (a), a new Use Permit shall be required.

Prior to approving an application for a Use Permit, the decision-maker (the Planning Commission or the Zoning Administrator) shall find that all of the following are true:

(a)

Consistency. The proposed use is consistent with the goals, policies, standards, and maps of the General Plan; any applicable Master Plan, Special Purpose Plan, Specific Plan, and Planned Development zone; and any other applicable plan adopted by the County;

(b)

Improvements. Adequate utilities, roadway improvements, sanitation, water supply, drainage, and other necessary facilities have been provided, and the proposed improvements are properly related to existing and proposed roadways;

(c)

Site Suitability. The site is physically suitable for the type of development and for the intensity of development;

(d)

Land Use Compatibility. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood;

(e)

No Nuisance Created. The proposed use will not create any nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding ambient conditions;

(f)

Adequate Public Services and Facilities. The site of the proposed use is adequately served by highways, streets, water, sewer, storm drainage, and other public facilities and services and

(g)

Conformance with Development Title. The proposed use complies with all applicable provisions of this Title.

The decision-maker has the authority to impose reasonable conditions that are:

(a)

Related and proportionate to what is being requested by the applicant,

(b)

As deemed necessary and appropriate to ensure that the provisions of the General Plan, any applicable Master Plan, Special Purpose Plan, Specific Plan or Planned Development zone adopted by the Board of Supervisors, and this Title are met; and

(c)

Are necessary to eliminate, or minimize to an acceptable level, any potential adverse effects of the use.

The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(a)

Appeals. A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission may be appealed to the Board of Supervisors, in accordance with Section 9-802.140, Appeals.

(b)

Expiration, Extensions and Modifications. Use Permits are effective and may only be extended or modified as provided for in Chapter 9-802, Common Procedures.

(c)

Revocations. A Use Permit may be revoked pursuant to Section 9-802.130, Modification or Revocation.

(a)

Applicability. A Temporary Use Permit is required for temporary uses that are not otherwise permitted in the base zoning district regulations but meet the standards of this section and for temporary uses identified in the regulations for individual zones in the 200 Series or the regulations for specific uses in Chapter 9-407, Standards for Specific Uses and Activities as requiring a Temporary Use Permit.

(b)

Procedures. An application for a Temporary Use Permit must be filed and processed in compliance with procedures in Chapter 9-802, Common Procedures. An application must be submitted at least 30 days before the use is intended to begin. The application must include the written consent of the owner of the property or the agent of the owner.

(c)

Decision-Maker. The Zoning Administrator may approve, approve with conditions, or deny applications for temporary uses without a public hearing.

(d)

Temporary Uses: Seventy-Two Hour Limit. Within a nonresidential zone and the R-L and R-M zones, a temporary use may be authorized for a period not to exceed 72 hours per event once a month for up to 4 events per year per site for any of the following uses:

(1)

A performance, exhibition, dance, celebration, or festival requiring a liquor license, entertainment police permit, and/or other County permit when sponsored by an organized group of residents and/or business operators in the neighborhood; or

(2)

A performance, dance, or party requiring a liquor license, entertainment and/or other County permit, an art exhibit, or other similar exhibition in each case if sponsored by a residential or commercial tenant or group of tenants or owner-occupants of the property or structure in which the temporary use is authorized.

(3)

When multiple events are proposed within the allowable time limit and County permits are to be issued to a particular applicant and premises, only one permit need be granted per annual time period. When an individual special event is scheduled for no more than eight hours, then three such events are allowed within the 72-hour limit for the month.

(e)

Temporary Uses: 60 Day Limit. The following uses may be authorized in a nonresidential zone for a period not to exceed 60 days:

(1)

Agricultural experiences for 50 or more participants;

(2)

Exhibition, celebration, festival, circus, or neighborhood carnival;

(3)

Booth for charitable, patriotic or welfare purposes;

(4)

Open air sale of agriculturally-produced seasonal decorations including, but not necessarily limited to, holiday or evergreen trees and Halloween pumpkins;

(5)

New and used auto sales;

(6)

Outdoor sales in a parking lot; and

(7)

Parking that is accessory to any temporary use listed above.

(f)

Temporary Uses: Up to Five Yearss. Temporary uses authorized pursuant to this subsection may not exceed an initial approval period of up to five years. Extensions of this approval period may be authorized by the Zoning Administrator in increments of up to five-year periods if the authorized use is consistent with the General Plan and applicable Master Plan, Special Purpose Plan, Specific Plan, or Planned Development zone. More specifically, the following uses may be authorized in a nonresidential zone as temporary uses, subject to securing a Building Permit, if required:

(1)

Temporary structures and uses incidental to the construction of a building or a group of buildings, including but not limited to construction staging of materials and equipment;

(2)

Rental or sales office incidental to a new development, provided that it is located in the development project or in an adjacent temporary structure;

(3)

Structures and uses incidental to environmental cleanup and staging; and

(4)

Parking that is accessory to any temporary use listed above.

(g)

Required Findings. The Zoning Administrator may approve an application for a Temporary Use only upon making both of the following findings:

(1)

The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the County; and

(2)

The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed temporary use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing or proposed parking areas on the site of the temporary use.

(h)

Conditions of Approval. The Zoning Administrator may impose reasonable conditions deemed necessary to ensure compliance with the required findings for a Temporary Use Permit listed above, including, but not limited to: regulation of ingress and egress and traffic circulation; fire protection and access for fire vehicles; regulation of lighting; regulation of hours and/or other characteristics of operation; and removal of all trash, debris, signs, sign supports and temporary structures and electrical service. The Zoning Administrator may require reasonable guarantees, such as a performance bond or financial security equal to the estimated cost of cleanup and removal of temporary structures, and evidence that such conditions are being, or will be, complied with.

(i)

Effective Date.

(1)

Permit Period 10 Days or Less. A Temporary Use Permit issued for 10 days or less becomes effective on the date the permit is approved by the Zoning Administrator but cannot expire before the event/use that is subject to the Temporary Use Permit occurring.

(2)

Permit Period More than 10 Days. A Temporary Use Permit for more than 10 days becomes effective 11 days from the date the permit is approved by the Zoning Administrator but cannot expire before the event/use that is subject to the Temporary Use Permit occurring.

(j)

Appeals. Any party aggrieved by the decision of the Zoning Administrator to approve, approve with conditions, or deny a permit for a temporary use or structure may appeal the decision to the Planning Commission, in accordance with Section 9-802.150 (Appeals).

(k)

Expiration and Extensions. Temporary Use Permits are effective only for the initial time limit approved; however, the Zoning Administrator may grant extension of the permit period only if the required findings of subsection (g) above can be affirmed.

The purpose of this Chapter is to provide a means of altering the requirements of this Title in specific instances where the strict application of those requirements would deprive a property of privileges enjoyed by other properties in the vicinity and under identical zoning because of special circumstances applicable to the property involved.

(a)

Variances may be granted to vary or modify dimensional and performance standards.

(b)

Variances cannot be granted to allow uses or activities that the Development Title does not authorize for a specific lot or site in a specific zone.

(c)

Notwithstanding the above, a Variance may be granted from parking and/or open space requirements as set forth in Government Code Sections 65906.5 and 65911, respectively.

(a)

Application Requirements. Applications shall be filed with the Community Development Department on the prescribed application forms in accord with Chapter 9-802, Common Procedures. In addition to any other application requirements, the application for a Variance must include data or other evidence showing that the requested variance conforms to the required findings set forth in Section 9-805.030, Findings Required. A fee, as specified by resolution of the Board of Supervisors, shall be required.

(b)

Public Notice and Hearing. An application for a Variance requires public notice and hearing before the Planning Commission in accordance with Chapter 9-802, Common Procedures.

Prior to approving an application for a Variance, the Planning Commission shall find that all of the following are true:

(a)

Special Circumstances. Because of the special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the regulation deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

(b)

No Detriment. The Variance will not be detrimental or injurious to property or improvements in the vicinity of the subject property, or the public health, safety or general welfare;

(c)

No Special Privileges. The granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated; and

(d)

Use Authorized. The Variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property.

(e)

Variances for Parking. In the case of parking regulations, a Variance may be granted in order that some or all the required parking spaces be located off-site, or that in-lieu fees or facilities be provided instead of the required parking spaces, provided that the Planning Commission determines that:

(1)

The Variance will be an incentive to, and a benefit for, nonresidential development; and

(2)

The Variance will facilitate access to nonresidential development by patrons of public transit facilities.

(f)

Variance for Open Space. In the case of open space regulations, a Variance may be granted only if doing so is consistent with Government Code Section 65911 and the requested Variance will not conflict with General Plan policies governing orderly growth and development and the preservation and conservation of open space lands.

In approving the Variance, the Planning Commission may impose reasonable conditions that are:

(a)

Related and proportionate to what is being requested by the applicant,

(b)

As deemed necessary and appropriate to ensure that the provisions of the General Plan, and applicable Master Plan, Special Purpose Plan, Specific Plan, or Planned Development zone, and this Title are met, and

(c)

Are necessary to eliminate, or minimize to an acceptable level, any potential adverse effects of the variance

The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A decision of the Planning Commission may be appealed to the Board of Supervisors, in accordance with Section 9-802.140, Appeals.

Variances are effective and may only be extended, if a time limit has been set as a condition of approval, or modified as provided for in Chapter 9-802, Common Procedures.

The Chapter authorizes the Zoning Administrator to grant administrative relief from the Development Title's dimensional requirements and development standards for minor deviations when the following apply:

(a)

Doing so would be consistent with the purposes of the Development Title and it is not possible to grant a Variance;

(b)

To comply with the federal Fair Housing Act, the Americans with Disabilities Act, the Religious Land Use and Institutionalized Persons Act, and the California Fair Employment and Housing Act to provide reasonable accommodation for protected uses and for persons with disabilities seeking fair access to housing through a waiver of the application of the requirements of this Title.

Applications for waivers may be accepted in all zones. The Zoning Administrator may only grant relief from the following dimensional requirements:

(a)

Setback Requirements. Setback requirements may be altered as follows:

(1)

Up to 40 percent of the front yard setback requirement, but not closer to the property line than 15 feet;

(2)

Up to 40 percent of the side yard setback requirement, but no closer to the property line than three feet;

(3)

Up to 40 percent of the street side yard setback requirement, but no closer to the property line than 15 feet; or

(4)

Up to 30 percent of the rear yard setback requirement, but no closer to the property line than10 feet.

(b)

Area and Width Requirements. Area and width may be altered as follows provided General Plan density and intensity limits are not exceeded for the site:

(1)

Up to 30 percent of the area requirements for uses or use types; or

(2)

Up to 10 percent of the lot area and lot width requirements.

(c)

Height Requirements. Height requirements may be altered up to 20 percent in excess of height limits, but not to exceed five feet.

(d)

Build-to Lines. Up to 10 percent of the standards for building façade location.

(e)

Parking. Up to 10 percent of the dimensional standards for parking spaces, aisles, driveways, landscaping, garages on sloping lots, and parking facility design.

(f)

Fences. Up to 10 percent of the standards for the maximum height and location of fences.

(g)

Landscaping. Up to 10 percent of the required landscaping.

(h)

Other Standards. Up to 10 percent of other development standards not listed in Section 9-806.030 below.

(i)

Exceptions. The Zoning Administrator also may grant a waiver that would exceed the percentage limitations listed above where such a waiver is necessary to comply with the reasonable accommodation provisions of State and/or federal law, based on a determination that the specific circumstances of the application warrant such an accommodation.

Waivers cannot be granted for any of the following standards:

(a)

Minimum number of required parking spaces;

(b)

Minimum or maximum residential density; or

(c)

Maximum floor area ratio (FAR).

(a)

Authority and Duties. The Zoning Administrator must approve, conditionally approve, or deny applications for waivers based on consideration of the requirements of this Title.

(b)

Application Requirements. An application for a waiver must be filed and processed in accordance with the procedures in Chapter 9-802, Common Procedures. In addition to any other application requirements, the application for a waiver must include data or other evidence explaining why the findings necessary to grant the waiver, set forth in Section 9-806.050 (Findings Required) are satisfied.

(c)

Review of Waiver Requests for Reasonable Accommodation to Ensure Access to Housing. An application for a waiver based on a request for a reasonable accommodation to ensure access to housing will be referred to the Zoning Administrator for review and consideration. Such a request may exceed the percent limits above. The Zoning Administrator must issue a written decision within 45 days of the date the application is deemed complete, and may grant the reasonable accommodation request, grant with modifications, or deny the request. All written decisions must give notice of the right to appeal and to request reasonable accommodation in the appeals process.

(d)

Concurrent Processing. If a request for waiver is being submitted in conjunction with an application for another approval, permit, or entitlement under this Title, it must be heard and acted upon at the same time and in the same manner as that application.

Prior to approving an application for a waiver, the Zoning Administrator shall find that all of the following are true:

(a)

Not Detrimental. The granting of the waiver will not be materially detrimental to other properties or land uses in the area or result in a change in land use or density that would be inconsistent with the requirements of this Title;

(b)

Specific Circumstances. The waiver is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance.

(c)

No Alternatives. There are no alternatives to the requested waiver that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.

(d)

Denial of Privileges. The strict application of the regulation deprives the property owner of privileges enjoyed by other properties in the vicinity; and

(e)

Consistency. The proposed use is consistent with the goals, policies, standards, and maps of the General Plan; any applicable Master Plan, Special Purpose Plan, Specific Plan, Planned Development zone, and any other applicable plan adopted by the County.

(f)

For Reasonable Accommodations. If the waiver requested is to provide reasonable accommodation pursuant to State or federal law, the review authority must also make the following findings in addition to any other findings that this Article requires:

(1)

That the housing or other property that is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection;

(2)

If the request for accommodation is to provide fair access to housing, that the request for accommodation is necessary to make specific housing available to an individual protected under State or federal law;

(3)

That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and

(4)

That denial of the requested waiver would impose a substantial burden on religious exercise or would conflict with any State or federal statute requiring reasonable accommodation to provide access to housing.

The decision-maker has the authority to impose reasonable conditions that are:

(a)

Related and proportionate to what is being requested by the applicant,

(b)

As deemed necessary and appropriate to ensure that the provisions of the General Plan, any applicable Master Plan, Special Purpose Plan, Specific Plan, Planned Development zone, and this Title are met; and

(c)

Are necessary to eliminate, or minimize to an acceptable level, any potential adverse effects of the waiver.

The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Waivers approved based on State or federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.

The Zoning Administrator's decision on a waiver may be appealed to the Planning Commission in accordance with Section 9-802.140, Appeals.

This Chapter establishes procedures for making changes to the General Plan as provided for in State law when there are compelling reasons to do so. These circumstances include, but are not limited to, changes in State or federal law and problems and opportunities that were unanticipated at the time of General Plan adoption or the last amendment.

The procedures of this Chapter apply to all proposals to change the text of the General Plan and the diagrams that illustrate the application of its provisions.

An amendment to the General Plan may be initiated by:

(a)

Any qualified applicant identified in Section 9-802.030, Application Forms and Fees; or

(b)

An order of the Board of Supervisors or Planning Commission, on its own motion or on the recommendation of the Director.

An application for an amendment to the General Plan must be filed and processed in accordance with the provisions of Chapter 9-802, Common Procedures, and considered by the Board of Supervisors with a recommendation from the Planning Commission. It must be processed in conformance with Government Code Section 65350 et seq. Its approval must be by resolution, and it is subject to referendum.

(a)

Required Information. In addition to any other application requirements, an application for a General Plan amendment must include a statement, supported by documentation, that describes how the proposed amendment conforms to the General Plan's goals and the benefit to the public that will result from approving the proposed change or changes to the General Plan.

(b)

Report. The Director must prepare, or oversee the preparation of, a report and recommendation to the Planning Commission, which must include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this Chapter and the General Plan's goals, and a determination as to whether the proposed amendment will require amendment to other plans that the Board of Supervisors has adopted.

(c)

Planning Commission Recommendation. The Commission's recommendation must be forwarded to the Board of Supervisors for action on the proposed amendment except in the situation specified in subsection 9-807.060(b), Recommendation against Private Application.

The Planning Commission in recommending, and the Board of Supervisors in approving, an amendment to the General Plan, must make all of the following findings:

(a)

The proposed amendment will contribute to the public health, safety, and general welfare or will be of benefit to the public.

(b)

The proposed amendment is consistent with the General Plan goals, unless the goals themselves are proposed to be amended.

(c)

The proposed amendment retains the internal consistency of the General Plan and is consistent with other adopted plans, unless a concurrent amendment to those plans is also proposed and will result in consistency.

(d)

The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

(a)

Public Hearing. The Planning Commission must hold a public hearing noticed and conducted as required by Chapter 9-802, Common Procedures, and must then vote on its recommendation on the proposed amendment.

(b)

Recommendation Against Private Application. If the amendment under consideration was initiated by an applicant, and the Planning Commission recommends against the adoption of such amendment, the application is denied, and the Board of Supervisors is not required to take any further action on the amendment unless the Planning Commission's decision is appealed pursuant to Section 9-802.150, Appeals.

(c)

All Other Situations. Following the public hearing, the Planning Commission must submit a recommendation on the proposed amendment and environmental determination to the Board of Supervisors. The recommendation must include the reasons for the recommendation; the extent to which the proposed amendment meets the purposes of this Title; the consistency of the proposed amendment with the General Plan and any other adopted plan; and any changes to the amendment that the Commission deems necessary to ensure internal consistency of the General Plan and consistency with other adopted plans, or to reduce environmental impacts.

(a)

Public Hearing. After receiving the report from the Planning Commission, the Board of Supervisors must hold a public hearing noticed and conducted as required by Chapter 9-802, Common Procedures. The notice must include a summary of the Planning Commission's recommendation.

(b)

Action. After the conclusion of the hearing, the Board of Supervisors may approve, modify, or deny the proposed General Plan amendment. If the Board proposes any substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification will first be referred back to the Planning Commission for its recommendation, but the Planning Commission will not be required to hold a public hearing on the matter. If the Planning Commission fails to report back to the Board of Supervisors within 45 days after the referral, the modification will be deemed to have been recommended for approval.

(c)

Resolution Adopted. The Board's approval of an amendment to the General Plan must be by resolution, adopted by the affirmative vote of not less than a majority of the total membership of the Board.

(d)

Public Release. Following the Board action, the Clerk of the Board will make the documents amending the General Plan, including the diagrams and text, available for public inspection.

It is the intent of this Chapter to provide for the method to amend this Title and the Zoning Maps, consistent with the California Government Code, provided such amendments are consistent with the General Plan.

The procedures of this Chapter apply to all proposals to change the text of the Development Title or to revise a zoning classification or boundary line shown on the Zoning Map.

An amendment to the Development Title and/or the Zoning Map may be initiated by:

(a)

Any qualified applicant identified in Section 9-802.030, Application Forms and Fees; or

(b)

An order of the Board of Supervisors or Planning Commission, on its own motion or on the recommendation of the Director.

(a)

An application for an amendment to the Development Title and/or the Zoning Maps must be filed and processed in accordance with the provisions of Chapter 9-802, Common Procedures, and must be considered by the Board of Supervisors with a recommendation from the Planning Commission. Its approval must be by ordinance and is subject to referendum. The Director must prepare a report and recommendation to the Commission that must include, but is not limited to, a discussion of how the proposed amendment meets the findings in Section 9-808.050. The Commission's recommendation must be forwarded to the Board of Supervisors for action on the proposed amendment except in the situation specified in Section 9.808.060(a), Recommendation against Private Application.

The Planning Commission in recommending, and the Board of Supervisors in approving, an amendment to the Development Title or the Zoning Maps, must make all of the following findings:

(a)

The proposed amendment is consistent with the General Plan and any applicable Master Plan.

(b)

The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.

(c)

The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

(d)

For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zone is not detrimental to the use of adjacent properties.

(a)

Public Hearing. The Planning Commission must hold a public hearing noticed and conducted as required by Chapter 9-802, Common Procedures, and must then vote on its recommendation on the proposed amendment.

(b)

Recommendation Against Private Application. If the amendment under consideration was initiated by an applicant, and the Planning Commission recommends against the adoption of such amendment, the application is denied, and the Board of Supervisors is not required to take any further action on the amendment unless the Planning Commission's decision is appealed pursuant to Section 9-802.140, Appeals.

(c)

All Other Situations. Following the public hearing, the Planning Commission must submit a recommendation on the proposed amendment and environmental determination to the Board of Supervisors. The recommendation must include the reasons for the recommendation; the extent to which the proposed amendment meets the purposes of this Title; the consistency of the proposed amendment with the General Plan and any other adopted plan; and any changes to the amendment that the Commission deems necessary to comply with the General Plan and ensure internal consistency of the Development Title and consistency with other adopted plans, or to reduce environmental impacts.

(a)

Public Hearing. After receiving the report from the Planning Commission, the Board must hold a public hearing noticed and conducted as required by Chapter 9-802, Common Procedures. The notice must include a summary of the Planning Commission's recommendation.

(b)

Action. After the conclusion of the hearing, the Board may approve, modify, or deny the proposed Development Title and/or Zoning Map amendment. If the Board proposes any substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification will first be referred back to the Planning Commission for its recommendation, but the Planning Commission will not be required to hold a public hearing on the matter. If the Planning Commission fails to report back to the Board within 45 days after the referral, the modification will be deemed to have been recommended for approval.

(c)

Ordinance Adopted. The Board's approval of an amendment to the Development Title and/or Zoning Map must be by ordinance, adopted by the affirmative vote of not less than a majority of the total membership of the Board.

(d)

Public Release. Following the Board action, the Clerk of the Board will make the documents amending the Development Title and/or Zoning Map available for public inspection.

The purpose of this Chapter is to establish a permit procedure to:

(a)

Allow the removal of excess material from property in order to increase the property's agricultural potential, while protecting people, property, and the environment from impacts caused by the grading excavation; and

(b)

Ensure the reclamation of excavation sites.

Applications for Agricultural Excavation Permits may be accepted in the following zones:

(a)

AL zone;

(b)

AG zone; and

(c)

AU zone.

An application for an Agricultural Excavation Permit shall include the following:

(a)

A Certified Grading Plan prepared by a registered civil engineer;

(b)

An Operational Statement, including identification of a haul route and public roads that will be used;

(c)

A soils report, prepared by a soil scientist qualified to analyze agricultural soils, shall be required for all proposals where the topsoil is not proposed to be replaced;

(d)

An Excavation/Reclamation Plan and schedule prepared by a registered civil engineer;

(e)

Proposed methods of financial guarantees of performance;

(f)

An Erosion, Sediment and Pollution Control Plan to minimize impacts on waterways and/or roadways during excavation; and

(g)

The required fee as specified by the Board of Supervisors.

The review procedure for an Agricultural Excavation Permit Application shall that established for a Zoning Compliance Review in Chapter 9-803.

Prior to approving an application for an Agricultural Excavation Permit, the Zoning Administrator shall find all of the following true:

(a)

The amount of the material being removed is the least amount required to enhance the agricultural suitability of the property;

(b)

The excavation will not have a detrimental effect on any surrounding agricultural lands; and

(c)

Issuance of the permit shall not be significantly detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity.

Approved Agricultural Excavation Permits shall be subjected to the development standards specified in Chapter 9-702.

If the excavation does not commence within three years after the date of approval of the Agricultural Excavation Permit, the permit shall lapse and become void.

A new Agricultural Excavation Permit shall not be required for the expansion of an existing or approved agricultural excavation, provided the Zoning Administrator determines that all of the following requirements are satisfied:

(a)

Any proposed expansion(s) may involve no more than a 10 percent increase in the overall site area covered by the existing or approved agricultural excavation;

(b)

The proposed expansion, in the opinion of the Zoning Administrator, will not have a substantial, adverse effect on adjacent property or on significant biotic resources on the site;

(c)

The proposed expansion will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; and

(d)

A Public Improvement Plan pursuant to Chapter 9-514 is submitted to the County.

Approved Agricultural Excavation Permits shall be subject to the regulations adopted by the State Mining and Geology Board as authorized by the California Surface Mining and Reclamation Act (SMARA) of 1975 (Public Resource Code Section 2710 et seq.), as amended; Public Resource Code Section 2207; and the California Code of Regulations adopted pursuant thereto (Title 14, Section 3500 et seq.).

The purpose of this Chapter is to require plans for the evacuation of recreational vehicle parks and mobile home parks during times of flood hazard.

An Evacuation Plan shall be required for all existing mobile home and recreational vehicle parks and shall be a condition of issuance of permits for all proposed mobile home and recreational vehicle parks located or proposed to be located within floodways or flood fringe areas. A fee, as specified by resolution of the Board of Supervisors, shall be required.

The agency conducting the Evacuation Plan review for recreational vehicle and mobile home parks shall be the San Joaquin County Office of Emergency Services. The review procedure for an Evacuation Plan shall be that set out in Chapter 9-802 for a Zoning Compliance Review with the primary reviewer being the Director of the Office of Emergency Services.

At a minimum, Evacuation Plans shall meet the following standards:

(a)

Storage Sites. No storage site for the storage of unoccupied mobile homes or recreation vehicles shall be in an area subject to flooding during a 100-year flood;

(b)

Risk Reduction. The Evacuation Plan will operate to reduce damage to property and hazards to health and safety during floods;

(c)

Feasibility of Performance. The Evacuation Plan shall be feasible of performance during a flood;

(d)

Clarity. The criteria for initiating the Evacuation Plan shall be sufficiently clear to determine when the evacuation should occur; and

(e)

Timely Evacuation. The criteria for initiating an evacuation shall allow for timely evacuation prior to inundation of the site.

The following provisions shall apply to all mobile home parks and recreational vehicle parks with approved Evacuation Plans:

(a)

Posting. A copy of a summary of the Evacuation Plan shall be posted in a conspicuous place on the premises to be evacuated;

(b)

Impediments and Obstructions. All impediments or obstructions to the evacuation routes shall be removed or relocated;

(c)

Changes. A new Evacuation Plan must be approved for any change in an existing plan;

(d)

Implementation of Evacuation Plan. When the criteria for evacuation occur, the Evacuation Plan shall be carried out as planned; and

(e)

Distribution of Evacuation Plan. A copy of the approved Evacuation Plan shall be given to the following persons and kept on file for public review:

(1)

The Community Development Department;

(2)

The park owner;

(3)

The park manager;

(4)

The Director of the County Emergency Services Office; and

(5)

The County Flood Control Engineer.

The requirements of this Chapter may be altered as follows:

(a)

Ground Anchors. As an alternative to preparing an Evacuation Plan, owners of mobile home parks that were established before September 30, 1980, and that are outside of a floodway may require park residents to provide ground anchors to be used as tie downs to prevent movement and flotation of mobile homes during a flood. Park owners shall provide proof of compliance by residents with said requirements.

(b)

Mobile Home Parks in Zone AO. Mobile home parks in Flood Insurance Rate Map Zone AO with a flood depth of one foot or less shall be exempt from the provisions of this Chapter.

The issuance of a Flood Variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a Flood Variance.

The Flood Variance criteria set forth in this Chapter are based on the general principle of zoning law that Flood Variances pertain to a piece of property and are not personal in nature. A Flood Variance may be granted for a parcel of land with physical characteristics so unusual that complying with the requirements of this Title for flood protection established in Chapter 9-703, Flood Hazards, would create an exceptional hardship to the applicant. These characteristics must be unique to the property; they must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the Community Development Department and the Department of Public Works to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that Flood Variances from the flood elevation or from other requirements in Chapter 9-703, Flood Hazards, are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if Flood Variances are strictly limited. Therefore, the Flood Variance criteria provided in this Chapter are more detailed and contain multiple provisions that must be met before a Flood Variance can be properly granted. The criteria are designed to screen-out those situations in which alternatives other than a Flood Variance are more appropriate.

(a)

General Requirements. Flood Variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Chapter 9-301, Flood Hazard Overlay Zone, have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the Flood Variance increases.

(b)

Historic Structures. Flood Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the Flood Variance is the minimum necessary to preserve the historic character and design of the structure.

(c)

Prohibitions. Flood Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

(d)

Required Determination. Flood Variances shall only be issued upon a determination that the Flood Variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of Flood Variances to an elevation requirement, this means the Community Development Department and the Department of Public Works need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Community Development Department and the Department of Public Works believe will both provide relief and preserve the integrity of this Title.

(e)

Required Notice. Any applicant to whom a Flood Variance is granted shall be given written notice over the signature of the Zoning Administrator that:

(1)

The issuance of a Flood Variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and

(2)

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the San Joaquin County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(f)

Recordkeeping. The Floodplain Administrator will maintain a record of all Flood Variance actions, including justification for their issuance, and report such Flood Variances issued in its biennial report submitted to the Federal Emergency Management Agency.

(a)

Factors to be Considered. In passing upon requests for Flood Variances, the Community Development Department and the Department of Public Works shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Title, and the:

(1)

Danger that materials may be swept onto other lands to the injury of others;

(2)

Danger of life and property due to flooding or erosion damage;

(3)

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

(4)

Importance of the services provided by the proposed facility to the community;

(5)

Necessity to the facility of a waterfront location, where applicable;

(6)

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(7)

Compatibility of the proposed use with existing and anticipated development;

(8)

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

Safety of access to the property in time of flood for ordinary and emergency vehicles;

(10)

Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

(11)

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

(b)

Criteria for Issuance. Flood Variances shall only be issued upon a:

(1)

Showing of good and sufficient cause;

(2)

Determination that failure to grant the Flood Variance would result in exceptional "hardship" to the applicant; and

(3)

Determination that the granting of a Flood Variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances.

(c)

Protections from Flood Damage. Flood Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of 9-811.020(a) through 9-811.020(d) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

(d)

Conditions of Approval. Upon consideration of the factors of 9-811.020(a) and the purposes of this Chapter, the Community Development Department and the Department of Public Works may attach such conditions to the granting of Flood Variances as it deems necessary to further the purposes of this ordinance.

The review procedure for a Flood Variance Application shall be the same as for a Conditional Use Permit, as required by Chapter 9-804, Use Permits, and include a Public Hearing by the Planning Commission on the recommendations of the Community Development Department and the Public Works Department, which shall be subject to the noticing and the procedures in Chapter 9-802, Common Procedures.

The following provisions shall apply:

(a)

Historic Structures. Flood Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Chapter; and

(b)

Prohibitions. Flood Variances shall not be issued within a floodway if an increase in flood levels during the 100-year flood discharge would result.

Prior to approving an application for a Flood Variance, the Planning Commission shall find that all of the following are true:

(a)

There is good and sufficient cause for the Flood Variance;

(b)

Failure to grant the Flood Variance would result in exceptional hardship to the applicant;

(c)

The Flood Variance will not result in increased flood heights, create additional threats to public safety, produce extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;

(d)

The Flood Variance is the minimum necessary, considering the flood hazard, to afford relief; and

(e)

Granting of the Flood Variance will not constitute a grant of special privileges inconsistent with the limitations on similarly situated properties subject to the County's flood regulations.

Any applicant to whom a Flood Variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the regulatory flood elevation and that the cost of insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. The notice shall be prepared by the Community Development Department and recorded by the office of the San Joaquin County Recorder in such a manner to make it appear in the chain of title of the affected parcel of land.

The purpose of this Chapter is to establish permit procedures for construction grading and drainage in order to:

(a)

Allow for construction grading and drainage that will not adversely affect the environment and the public health, safety, and welfare of the county and will minimize hazards to life and property;

(b)

Ensure implementation of standards to protect against soil loss, adverse effects of flooding, and pollution of watercourses with soil and other pollutants, and protect the safety, use, and stability of public rights-of-way and watercourses;

(c)

Protect aquatic resources and wildlife habitat; and

(d)

Promote water conservation and groundwater recharge.

(a)

Permit required. A construction grading permit shall be required prior to commencing any construction grading or related work, including preparatory land clearing, vegetation removal, or other ground disturbance, except where exempted from permit requirements by Subsection (c). A separate construction grading permit shall be required for each site.

(b)

Designation and performance. Construction grading shall be designated as "regular construction grading" or "engineered construction grading" in compliance with Table 9-812.020, and shall be undertaken as follows:

(1)

Regular construction grading. Regular construction grading shall be performed in compliance with approved plans and specifications prepared by the project applicant, the property owner, or a licensed professional acting within the scope of their license.

(2)

Engineered construction grading. Engineered construction grading shall be performed in compliance with approved plans and specifications prepared by a California-licensed civil engineer.

(c)

Exemptions. The following construction grading activities may be conducted without obtaining a construction grading permit, provided that these activities conform to the standards in Chapter 9-704, Grading and Excavation.

(1)

Cemeteries. Routine excavations and fills for graves.

(2)

Construction grading within a public right-of-way. Where authorized by an encroachment permit, construction grading within a public right-of-way.

(3)

Emergency construction grading. Construction grading necessary to protect life or property or to implement erosion prevention or control measures, where a situation exists that requires immediate action; provided that only the volume of construction grading necessary to abate an imminent hazard may be performed prior to obtaining a construction grading permit. The person performing the emergency construction grading or the property owner shall:

(A)

Notify the Zoning Administrator and provide evidence acceptable to the Zoning Administrator of the scope and necessity of the emergency construction grading on or before the next business day after the onset of the emergency situation; and

(B)

Apply for a construction grading permit within ten days after the commencement of the emergency construction grading.

(C)

The Zoning Administrator may order emergency construction grading to be stopped or restricted in scope based upon the nature of the emergency.

(4)

Environmental remediation. Construction grading for environmental remediation ordered or approved by the County or another public agency exercising regulatory jurisdiction over a site contaminated with hazardous materials, where the ground surface is restored to its previous topographic condition within 60 days after the completion of the work. The Zoning Administrator shall be notified in writing at least 30 days prior to the commencement of such work to qualify for this exemption.

(5)

Excavations and fills for buildings or structures. Where authorized by a valid building or demolition permit, excavations below existing or finished grade for basements, and footings of buildings, retaining walls, or other structures, and fills using only material from the excavation. The placement of fill must be shown on the approved plans and specifications. Fill that is intended to support structures or surcharges may be greater than one foot in depth only if a soils report justifies the use of the fill. This exemption shall not apply to any fill that is engineered construction grading.

(6)

Excavations and fills for wells or on-site sewage disposal systems. Where authorized by a valid well or septic permit, excavations and fills for wells or on-site sewage disposal systems. The placement of fill must be shown on the approved plans and specifications.

(7)

Exploratory excavations. Exploratory excavations to investigate subsurface conditions, affecting or disturbing an area of less than 10,000 square feet and involving the movement of less than 50 cubic yards, under the direction of a California-licensed civil engineer, soils engineer, engineering geologist, or registered environmental health specialist, where the ground surface is restored to its previous topographic condition within 60)days after the completion of the work.

(8)

Landfills. Construction grading at landfills regulated by the State Integrated Waste Management Act.

(9)

Maintenance, repair, or resurfacing of existing private roads and driveways. Maintenance, repair, or resurfacing of existing, lawfully constructed private roads and driveways, where the length, width, and design capacity are not changed. This exemption shall not apply to any fill in a floodplain or floodway designated by the County.

(10)

Minor cut. A cut that does not exceed 50 cubic yards and:

(A)

Is no greater than three feet in depth, or

(B)

Does not create a cut slope greater than five feet in height and greater than two feet horizontal to one foot vertical.

(11)

Minor fill. Fill outside a flood hazard area that does not exceed 50 cubic yards or alter or obstruct a watercourse or wetland and is:

(A)

No greater than one foot in depth, placed on terrain with a natural slope no greater than 15 percent and intended to support structures or surcharges; or

(B)

No greater than three feet in depth (one foot in a flood hazard area) and not intended to support structures or surcharges.

(C)

This exemption shall not apply to any fill that is engineered construction grading.

(12)

Pipelines and utilities. Excavations and fills for pipelines, routine pipeline maintenance practices, or installation, testing, maintenance, or replacement of utility connections, distribution or transmission systems, or telecommunication facilities, on a single site or within a public right-of-way, where the ground surface is restored to its previous topographic condition within 60 days after the completion of the work. This exemption shall not apply to any fill that is used for any purpose other than restoring the ground surface to its previous topographic condition.

(13)

Public projects. Where a public agency takes full responsibility for the work, construction grading for public projects on public property, including public trails. The Zoning Administrator shall be notified in writing at least 30 days prior to the commencement of the work.

(14)

Resource conservation, restoration, or enhancement projects. Where a public agency takes full responsibility for the work, construction grading for soil, water, wildlife, or other resource conservation, restoration, or enhancement projects. The Zoning Administrator shall be notified in writing at least 30 days prior to the commencement of the work.

(15)

Soil profiling test pits. Excavations for soil profiling test pits, where the ground surface is restored to its previous topographic condition within 60 days after the completion of the work.

(16)

Surface mining. Mining, quarrying, excavating, processing, or stockpiling rock, sand, gravel, aggregate, or clay in compliance with this Title.

(a)

Permit required. A construction drainage permit shall be required prior to commencing any construction drainage involving construction or modification of drainage facilities or related work, including preparatory land clearing, vegetation removal, or other ground disturbance, except where exempted from permit requirements by Subsection (c). A separate construction drainage permit shall be required for each site.

(b)

Designation and performance. Construction drainage involving the construction or modification of drainage facilities shall be designated as "regular construction drainage" or "engineered construction drainage" in compliance with Table 9-812.030 and shall be performed as follows:

(1)

Regular construction drainage. Regular construction drainage shall be performed in compliance with approved plans and specifications prepared by the project applicant, the property owner or a licensed professional acting within the scope of their license.

(2)

Engineered construction drainage. Engineered construction drainage shall be performed in compliance with approved plans and specifications prepared by a civil engineer.

(c)

Exemptions from permit requirements. The following construction drainage activities are exempt from the provisions of this section and may be conducted without obtaining a construction drainage permit, provided that these activities shall still be subject to the standards in Chapter 9-704, Grading and Excavation.

(1)

Drainage facilities for construction grading, buildings or structures, septic systems, or within a public right-of-way. Where authorized by a valid construction grading, building, septic, or encroachment permit, construction or modification of drainage facilities for construction grading, buildings or structures, septic systems, or within a public right-of-way.

(2)

Emergency construction drainage alteration. Construction or modification of drainage facilities necessary to protect life or property, or to implement erosion prevention or control measures, where a situation exists that requires immediate action; provided that only the work necessary to abate an immediate hazard may be performed prior to obtaining a construction drainage permit. The person performing the emergency construction drainage alteration or the property owner shall:

(A)

Notify the Zoning Administrator and provide evidence acceptable to the Zoning Administrator of the scope and necessity of the emergency construction drainage alteration on or before the next business day after the onset of the emergency situation; and

(B)

Apply for a construction drainage permit within 10 days after the commencement of the emergency construction drainage alteration.

(C)

The Zoning Administrator may order emergency construction drainage alteration to be stopped or restricted in scope based upon the nature of the emergency.

(3)

Maintenance, repair, or replacement of existing private drainage facilities. Maintenance, repair, or replacement of existing, lawfully constructed private drainage facilities, where the location and design capacity are not changed.

(4)

Minor pipe and vee-ditch swale systems. Construction or modification of pipe and vee-ditch swale systems that meet all of the following criteria:

(A)

The drainage area is less than one-half acre for a smooth-walled pipe or vee-ditch swale system, or less than one-quarter acre for a corrugated pipe system.

(B)

The pipe or vee-ditch swale system is not located in the flood hazard area.

(C)

The pipe system is a single run, with a minimum diameter of eight inches and installed slopes between two and four percent or the vee-ditch swale system is made of earth, grass, or rock, with side slopes no greater than fifty percent, maximum depth of nine inches, and installed slopes between two and four percent.

(5)

Public projects. Where a public agency takes full responsibility for the work, construction or modification of drainage facilities for public projects on public property, including public trails. The Zoning Administrator shall be notified in writing at least 30 days prior to the commencement of the work.

(6)

Resource conservation, restoration, or enhancement projects. Where a public agency assumes full responsibility for the work, construction or modification of drainage facilities for soil, water, wildlife, or other resource conservation, restoration, or enhancement projects. The Zoning Administrator shall be notified in writing at least 30 days prior to the commencement of the work.

(a)

Application Requirements. Applications for construction grading and construction drainage permits may be initiated by the property owner or the owner's authorized agent. Applications shall be filed with the Community Development Department on the prescribed application forms in accord with Chapter 9-802, Common Procedures. In addition to any other application requirements, the application must include specifications, maps, reports, and other information and materials required by the department's list of required application contents for the specific type of application, and any other reports necessary to verify compliance with this chapter.

(1)

A permit application may include a request for relief from the standards in Chapter 9-704, Grading and Excavation. The request shall state in writing each standard proposed to be varied, the proposed substitute measure, when it would apply, and its advantages. The director may require additional information to evaluate the requested relief.

(2)

A fee, as specified by resolution of the Board of Supervisors, shall be required.

(b)

Discretionary Review; Environmental Review. An application for a relief from the standards in Chapter 9-704, Grading and Excavation, is considered a discretionary permit application and is subject to environmental review under Section 9-802.060.

(a)

Findings for approval. The Zoning Administrator may approve a permit application and issue a construction grading or drainage permit when the Zoning Administrator makes the following determinations.

(1)

Ministerial approvals. A permit application shall be approved ministerially and a ministerial construction grading or drainage permit issued when the Zoning Administrator determines that the proposed construction grading or drainage complies with all the provisions of this Chapter and any applicable permit for development.

(2)

Discretionary approvals. A permit application may be approved as a discretionary action and a discretionary construction grading or drainage permit issued when the Zoning Administrator determines that:

(A)

There are special circumstances affecting the site that make the strict application of the standards in Chapter 9-704 impractical;

(B)

The proposed construction grading or drainage is consistent with the purpose and intent of the standards in Chapter 9-704 and does not diminish the health, safety, and environmental protection benefits that would be obtained from the strict application of those standards; and

(C)

The proposed construction grading or drainage complies with all other provisions of this Chapter and any applicable permits for development.

(b)

Conditions of Approval for Discretionary Permits. For approval of any application for a relief from the standards in Chapter 9-704, Grading and Excavation, the Zoning Administrator may impose any conditions deemed reasonable and necessary to protect the public health, safety, and welfare; prevent adverse environmental impacts, or the creation of hazards to site or adjacent land uses; and ensure proper completion of the work. The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(c)

Distribution and use of approved plans and specifications. The Zoning Administrator shall retain one or more sets of the approved permit and dated plans and specifications for inspection and record keeping. Two sets of the approved permit and dated plans and specifications shall be provided to the permittee. The permittee shall maintain one set of the approved permit and dated plans and specifications on the site at all times during the work.

(a)

Appeals. A decision of the Zoning Administrator on a discretionary permit may be appealed to the Planning Commission in accordance with Section 9-802.140. All other decisions of the Zoning Administrator are final and not appealable.

(b)

Expiration, Extensions and Modifications. Construction grading and construction drainage permit are effective and may only be extended or modified as provided for in Chapter 9-802, Common Procedures.

(c)

Time limits. A construction grading or construction drainage permit shall expire three years from the effective date of the permit, unless an extension has been granted in writing, provided that the Zoning Administrator may limit a permit to a lesser time period where the permit is required to abate dangerous or hazardous conditions. All work for which a construction grading or construction drainage permit is issued shall be completed and finalized prior to expiration of the permit or any extension granted.

All work for which a construction grading or drainage permit is required shall be subject to the following requirements.

(a)

Pre-construction consultation. The permittee and the Zoning Administrator shall have a pre-construction consultation prior to the commencement of the work.

(b)

Responsibility for the work. The permittee shall be responsible for ensuring that the work is performed in compliance with the approved plans and specifications and the standards in Chapter 9-704.

(c)

Notification of change in ownership. The permittee shall notify the Zoning Administrator of any change in ownership of the site prior to completion of the work.

(d)

Inspections. All work shall be subject to inspection as required by the Zoning Administrator.

(1)

Site access. The permittee shall provide adequate access to the site for inspection by inspectors designated by the Zoning Administrator during the performance of all work and for a minimum of one year after final inspection.

(2)

Type of inspections and certifications. The Zoning Administrator may require the permittee to have a California-licensed civil engineer, soils engineer, or engineering geologist perform inspections of work in progress, identify any work done that does not comply with approved plans and specifications and recommend corrective measures, as needed, and certify completion of work.

(3)

Transfer of responsibility for approval. If a required civil engineer, soils engineer, engineering geologist, or other professional is changed during the course of the work, the work shall be stopped until the permittee notifies the Zoning Administrator in writing of the change of professional and the new professional notifies the Zoning Administrator in writing of their agreement to accept responsibility for approval of the completed work within the area of their technical competence.

(4)

Field changes. After permit issuance, no change to the approved work shall occur without the prior written approval of the Zoning Administrator. If the Zoning Administrator determines that the changes are minor, the changes shall be shown on as-built plans. If the Zoning Administrator determines that the changes are major, a request for a modification to the approved plans and specifications shall be filed as provided in Section 9-802.120.

(5)

Protection of utilities. As required by Government Code section 4216.2, the permittee shall contact the Underground Service Alert (USA) prior to starting any excavation that will be conducted in an area that is known, or reasonably should be known, to contain subsurface utility installations. Contact shall occur at least two working days, but not more than fourteen calendar days, before the excavation starts. If practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated.

(6)

Stop work orders. The Zoning Administrator may order that any work performed contrary to the requirements of this chapter, other applicable provisions of this code, the approved plans and specifications, or any permit conditions, or any work that has otherwise become hazardous to property or the public, be immediately stopped. It shall be unlawful and a violation of this chapter for any person to resume work that was ordered to be stopped by the director, unless the director has required and the permittee has agreed to any necessary corrective measures, and the director has authorized resumption of the work in writing.

(e)

Completion of work.

(1)

Final reports. Upon completion of all work for which a construction grading or drainage permit is required, the Zoning Administrator may require the following plans, records, and declarations to be submitted to the Department.

(A)

As-built plans. A set of as-built plans including original and finished contours at intervals acceptable to the Zoning Administrator, parcel drainage patterns with directional arrows, locations and elevations of all surface and subsurface drainage facilities, and locations of all post-development stormwater best management practices.

(B)

Testing records. A complete record of all field and laboratory tests, including the location and elevation of all field tests and any soils reports prepared for the site.

(C)

Declarations about completed work. Declarations by any civil engineer, soils engineer, engineering geologist, or other professional retained by the permittee, that all work was done in compliance with the approved plans and specification.

(2)

Final inspection. No permittee shall be deemed to have complied with this Chapter until a final inspection of the work has been completed and approved by the Zoning Administrator. Final approval shall not be given until all work has been completed in compliance with the approved plans and specifications and any materials required by Subsection (1) have been submitted and accepted.

The purpose of this Chapter is to provide a permitting procedure to:

(a)

Allow the extraction of mineral resources, while at the same time protecting people, property, and the environment from potential hazards associated with excavations; and

(b)

Ensure the reclamation of excavation sites.

Quarry Excavation Permit applications may be accepted in the following zones:

(a)

I-G Zone;

(b)

C-R Zone; and

(c)

AG and AU Zones, provided that:

(1)

Areas for excavation are designated "Resource Conservation" on the County's General Plan Land Use Map and the State Mines and Geology Board has identified the areas as construction aggregate deposits of regional significance; and

(2)

The portion of the property to be excavated contains substantial deposits of mineral resources, or a portion of a deposit of substantial mineral resources; or

(3)

For areas zoned AG, the Farmland Mapping and Monitoring Program's soil classification for that portion of the property to be excavated is neither Prime Farmland, Farmland of Statewide Significance, nor Unique Farmland.

An application for a Quarry Excavation Permit shall include the following:

(a)

A Site Plan prepared and stamped and signed by a California-registered civil engineer;

(b)

An Excavation/Reclamation Plan, including identification of haul routes that will be used to remove excavated materials and a schedule prepared by a California-registered civil engineer;

(c)

Proposed methods of financial guarantees of performance; and

(d)

The required fee as specified by the Board of Supervisors.

The review procedure for Quarry Excavation Permit applications shall be the same as for a Conditional Use Permit under Chapter 9-804, Use Permits. The Public Hearing shall be noticed and conducted as specified in Chapter 9-802, Common Procedures.

Prior to approving an application for a Quarry Excavation Permit, the Planning Commission shall find that the following are true:

(a)

The proposal is for the removal of regionally significant or scarce deposits of mineral resources and not for the removal of prime farmland;

(b)

The proposed reclamation of the property upon completion of the excavation will leave the property in a condition which will allow its reuse; and

(c)

Issuance of the permit shall not be significantly detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity.

Approved Quarry Excavation Permits shall be subject to the development standards specified in Chapter 9-702.

Existing excavations subject to a Quarry Excavation Permit may be expanded pursuant to this Section.

(a)

Required Criteria. In those instances involving excavations that require a Quarry Excavation Permit and a Quarry Excavation Permit has been approved, the Zoning Administrator may approve plans for the expansion of the existing permit when the expansion complies with all of the following criteria:

(1)

The excavation expansion is incidental to the existing excavation;

(2)

No building expansion involves more than a 25 percent increase in building floor area covered by existing structures associated with the excavation;

(3)

No use expansion involves more than an increase of 25 acres, or more than a ten percent (10%) increase in the overall site area covered by the existing Quarry Excavation Permit, whichever is less;

(4)

The excavation expansion, in the opinion of the Zoning Administrator, would not have a substantial adverse effect on significant biotic resources on the site;

(5)

The excavation expansion, in the opinion of the Zoning Administrator, would not have a substantial adverse effect on adjacent property;

(6)

The excavation expansion complies with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency as determined by the Zoning Administrator; and

(7)

A Public Improvement Plan is submitted pursuant to Chapter 9-514, Public Improvement Plans.

(b)

Criteria Not Met. If a proposed expansion does not meet with the above criteria in Subsection (a), a new Quarry Excavation Permit shall be required.

Approved Quarry Excavation Permits shall be subject to the regulations adopted by the State Mining and Geology Board as authorized by the California Surface Mining and Reclamation Act (SMARA) of 1975 (Public Resource Code Section 2710 et seq.), as amended; Public Resource Code Section 2207; and the California Code of Regulations adopted pursuant thereto (Title 14, Section 3500 et seq.).

This Chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as provided for in State law.

In order to be considered for a Development Agreement, a project must be consistent with the General Plan and any applicable Master Plan, Special Purpose Plan, Specific Plan, or Planned Development zone, unless the applicant has submitted an application for any necessary amendments to the General Plan, Master Plan, Special Purpose Plan, Specific Plan, or Planned Development zone.

(a)

The Director, in consultation with the County Administrator, will negotiate the specific components and provisions of the Development Agreement on behalf of the County for recommendation to the Board of Supervisors.

(b)

The Board of Supervisors has the exclusive authority to approve a Development Agreement.

An applicant for a development project may request that the County review a Development Agreement application in accordance with the following procedures. The County incorporates by reference the provisions of Government Code Sections 65864-65869.5. In the event of any conflict between these statutory provisions and this section, State law controls.

(a)

Application Requirements. An applicant must submit an application for a Development Agreement on a form prescribed by the Director, accompanied by the required fees. The Director must identify submittal requirements for applications for Development Agreements and may require an applicant to submit such additional information and supporting data as considered necessary for environmental review and to process the application. In addition to any other information that the Director requires, each application for a Development Agreement must be accompanied by the general terms and conditions of the agreement proposed by the applicant and must include the contents required in subsection (b) below.

(b)

Contents of Development Agreements.

(1)

Required Contents. A Development Agreement must specify its duration; the permitted uses of the subject property; the general location and density or intensity of uses; the general location, maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes. It must contain provisions concerning its transferability.

(2)

Improvements and Fees. A Development Agreement may include requirements for construction and maintenance of on-site and off-site improvements or payment of fees in lieu of such dedications or improvements.

(3)

Conditions. A Development Agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions but does not eliminate the applicant's responsibility to obtain all required land use approvals.

(4)

Environmental Mitigation. A Development Agreement may include, without limitation, conditions and restrictions imposed by the County with respect to the project, including those conditions, restrictions and mitigation measures proposed in any Mitigated Negative Declaration or Final Environmental Impact Report applicable to the project that eliminate or mitigate adverse environmental impacts of the project.

(5)

Phasing. A Development Agreement may provide that the project be constructed in specified phases, that construction be commenced within a specified time, and that the project or any phase thereof be completed within a specified time.

(6)

Financing. If the Development Agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.

(7)

Indemnity. A Development Agreement must contain an indemnity clause requiring the applicant to indemnify and hold the County harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.

(8)

Performance Obligation Fees. A Development Agreement may include provisions to guarantee performance of obligations stated in the agreement.

(c)

Initial Review of Application. The Director will review each application to determine whether it is complete. If the application is found to be incomplete, the Director will reject the application and inform the applicant of the items necessary to properly complete the application. If the application is complete, the Director will determine whether an environmental review is required for the project, in compliance with applicable State and local requirements.

(d)

Negotiations. The Director must negotiate the specific components and provisions of the Development Agreement on behalf of the County for recommendation to the Board of Supervisors.

(e)

Recommendation by Director. The Director must make his/her recommendation in writing to the Board of Supervisors. The recommendation must include the Director's determination and supporting reasoning whether or not the proposed Development Agreement satisfies the findings specified in Section 9-814.060, Findings Required.

The review procedure for a Development Agreement shall include a Public Hearing before the Board of Supervisors with notice as set forth in Chapter 9-802, Common Procedures, with the following additional requirements:

(a)

Notice of Intent. The Director must publish a notice of intent to consider adoption of a Development Agreement as provided in Section 65090 and 65091 of the Government Code.

(b)

Signed Agreement Required. The Applicant must execute a proposed Development Agreement before it is placed before the County Council for consideration at a public hearing.

(c)

Decision by Board of Supervisors. Final action on the Development Agreement shall be taken by the Board of Supervisors at a Public Hearing.

Prior to approving a Development Agreement, the Board of Supervisors shall find that all of the following are true:

(a)

Consistency. The provisions of the Development Agreement are consistent with the General Plan and any applicable Master Plan, Public Financing Plan, Special Purpose Plan, and Specific Plan for the area; and

(b)

Development Title. The proposed development complies with all provisions of this Title.

No later than 10 days after the final approval of a Development Agreement, the Clerk of the Board shall record with the County Recorder a copy of the agreement, which shall describe the land subject thereto.

(a)

Frequency of Review. The Director shall cause the Development Agreement to be reviewed annually on the anniversary date of its adoption. A more frequent review may be undertaken at the direction of the Board of Supervisors.

(b)

Finding of Compliance. If the Director, on the basis of substantial evidence, finds compliance by the applicant with the provisions of the Development Agreement, the Director will issue a finding of compliance, which will be in recordable form and may be recorded with the County Clerk-Recorder's Office after the conclusion of the review.

(c)

Finding of Non-compliance. If the Director finds the applicant has not complied with the provisions of the Development Agreement, the Director may issue a finding of noncompliance that may be recorded by the County Clerk-Recorder's Office. The Director must specify in writing to the applicant the respects in which the applicant has failed to comply and must set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If applicant does not comply with any terms of compliance within the prescribed time limits, the Development Agreement will be subject to termination or modification pursuant to this Chapter.

(d)

Termination or Modification. If the County finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the agreement, the County may terminate or modify the Agreement.

(1)

Action to terminate or modify the Agreement may be initiated only by the Board of Supervisors; and

(2)

No action to terminate or modify the Agreement shall be taken without a Public Hearing Review noticed and conducted pursuant to Chapter 9-802, Common Procedures.

(e)

Payment of Periodic Review. The cost of the annual review of the Development Agreement shall be paid for by the party (or the party's successor in interest) who entered into the Development Agreement with the County. The payment shall cover the actual cost to the County of conducting said annual review, including employee salaries and benefits, overhead, and materials.

A Development Agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the Agreement or their successors in interest. An Agreement shall be amended or canceled using the same process as was used for its adoption.

(a)

Recordation. If the parties to the Agreement or their successors in interest amend or cancel the Development Agreement, or if the County terminates or modifies the Development Agreement for failure of the applicant to fully comply with the provisions of the Development Agreement, the Clerk of the Board will record notice of such action with the County Clerk-Recorder's Office.

(b)

Rights of the Parties after Cancellation or Termination. In the event that a Development Agreement is cancelled or terminated, all rights of the applicant, property owner, or successors in interest under the Development Agreement will be terminated. If a Development Agreement is terminated following a finding of noncompliance, the County may, in its sole discretion, determine to return any and all benefits, including reservations or dedications of land, and payments of fees, received by the County.

(a)

Existing Rules and Regulations. Unless otherwise specified in the Development Agreement, the County's rules, regulations and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those County rules, regulations and official policies in force on the effective date of the Development Agreement. The applicant will not be exempt from otherwise applicable County ordinances or regulations pertaining to persons contracting with the County.

(b)

Future Rules and Regulations. A Development Agreement must not prevent the County, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the Development Agreement. A Development Agreement will not prevent the County from denying or conditionally approving any subsequent land use permit or authorization for the project on the basis of such existing or new rules, regulations, and policies. Unless otherwise specified in the Development Agreement, a Development Agreement will not exempt the applicant from obtaining future discretionary land use approvals.

(c)

State and Federal Rules and Regulations. In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a Development Agreement has been entered into prevents or precludes compliance with one or more provisions of the Development Agreement, then the Development Agreement may be modified or suspended in the manner and pursuant to the procedures specified in the Development Agreement, as may be necessary to comply with such regulation or law.

(d)

Police Powers. When conditions or actions constitute a threat to the public health and safety, the Development Agreement does not restrict the County's police powers from taking action up to and including involuntary abatement.

The procedures for enforcement, amendment, modification, cancellation or termination of a Development Agreement specified in this section and in Government Code Section 65865.4 or any successor statute, are non-exclusive. A Development Agreement may be enforced, amended, modified, cancelled or terminated by any manner otherwise provided by law or by the provisions of the Development Agreement.

Pursuant to the authority granted to the Board of Supervisors in Government Code Sections 25845 and 53069.4, this Chapter sets forth the provisions for the enforcement of this Title in addition or as an alternative to Title 1. The procedures set forth in this Chapter are designed to ensure the due process rights of any affected property owner or other person having possession or control of the real property involved. This Chapter provides remedies which are in addition to those in Title 1 and does not limit, preclude, waive or supersede any other criminal or civil remedy available by law for the enforcement of this Title or to abate any violation of this Title.

The Enforcement Official appointed pursuant to Title 1 is responsible for enforcing this Title. The Enforcement Official's duties include but are not limited to the investigation of reported or suspected violation of this Title, determination of whether any violation of this Title has occurred and, pursuant to this Chapter or Title 1, correcting or abating any violation of this Title.

The Hearing Officer appointed pursuant to Title 1 shall conduct hearings on appeals from notice of violation and order to abate and statements of expense issued by the Enforcement Official pursuant to San Joaquin County Code, Division 3, Chapter 5, Code 2-3300 et seq.

The Enforcement Official may, upon presentation of proper credentials, enter private or public property to inspect and/or investigate to obtain information relative to any reported or discovered nuisance that exists or was reported to have existed on that property, including but not limited to a physical inspection of the property and/or review of the owner or other person in possession or control of the property's records (whether stored on or off the property). The Enforcement Official may also take statements of witnesses and review any other evidence that they believe may assist in making a decision regarding any reported or discovered nuisance. The Enforcement Official's inspection and/or investigation of the property and/or related evidence shall be with the goal of determining whether the reported or discovered violation of this Title occurred and/or is on-going and obtaining information on parties responsible for the reported or discovered violation of this Title.

Where there is a report of the existence of a violation of this Title or other reason to believe that a violation of this Title exists or occurred on a property, but the owner or other person in possession or control of the property refuses to allow the Enforcement Official onto the property to inspect and/or investigate, or when circumstances justify not first seeking consent to inspect, the Enforcement Official may seek an inspection warrant pursuant to California Code of Civil Procedure Section 1822.50 et seq. to enter and inspect the property. If forcible entry is allowed by the inspection warrant, then the inspection warrant must so state.

No inspection warrant or consent shall be required when the Enforcement Official believes there is an immediate threat or danger to the public health or safety and immediate abatement of any violation of this Title is justified under Section 9-1905.21 of this Chapter. Entry pursuant to this section includes and allows forcible entry if necessary to abate an immediate threat or danger to the public health or safety.

It is the duty of every owner of real property or other person in possession or control of real property within the unincorporated area of the County to prevent a violation of this Title from arising from or existing on any real property they own or control.

It is a violation of this Title and County Ordinance Code Section 1-2000 for a property owner and/or other person in control of a property to maintain or permit a nuisance or a violation of this Title on real property. Any use or condition on real property which is in violation of this Title or in violation of permits approved pursuant to the provisions of this Title shall constitute a violation of this Title and, if not abated, may be subject to the enforcement procedures outlined in this Chapter or Title 1. Violations may include:

(a)

Violating the existing land use

(b)

Operating without a land use

(c)

Operating where land use is prohibited

In addition to violations of this Title (Title 9, County of San Joaquin Development Title), violations may be observed and noticed in relation to other codes.

(Ord. No. 4623, § 29, 5-2-2023)

(a)

Order to Abate. When the Enforcement Official determines that a condition constituting a violation of this Title has occurred, they may provide a written notice and order pursuant to Section 9-1905.11 to the owner(s) of the real property involved and any other person in possession or control of the real property pursuant to County Ordinance Code Sections 1-2010 and 1-2011. If delivery of the notice/order to abate cannot be accomplished pursuant to County Ordinance Code Sections 1-2010 and 1-2011 despite diligent effort then notice may be given by posting copies of the notice/order to abate at the real property involved and recording the notice/order to abate in the official records of the County.

(b)

Failure to Receive Notice. The failure of an addressee to receive the notice/order to abate provided to them in compliance with this Section shall not affect in any manner the validity of any proceedings taken under this Chapter or Title 1.

(c)

Date of Notification. The date of notification is presumed to have occurred as follows:

(1)

Pursuant to County Ordinance Code Section 1-2006 Notice by mail shall be deemed served at the time of deposit in the United States mail; or

(2)

On the date the notice/order was personally served; or

(3)

On the date the notice/order was posted at the real property involved.

(d)

Contents of Notice of Violation and Order to Abate—Contents. The notice of violation and order to abate ("notice/order to abate") shall include at least the following information, as applicable, unless otherwise determined by the Enforcement Official:

(1)

Address and parcel number of the real property involved including the location of the real property.

(2)

Determination by the Enforcement Official that a violation of this Title existed or currently exists on the real property involved.

(3)

Description of the action(s) or condition(s) that did or currently are constituting a violation of this Title, and the section of this Title and/or any other ordinance, code, statute, act, regulation, or law that the action or condition(s) were or are in continuing violation of.

(4)

Statement of any administrative fines ordered to be paid by the property owner and/or person in possession or control of the real property for the violation described in the notice/order to abate.

(5)

Statement that the violation(s) must be addressed, corrected, or abated within 30 calendar days from the date of the notice/order to abate.

(6)

Statement that the County may take legal action to address, correct, or abate the violation(s) up to and including criminal action pursuant to San Joaquin County Code of Ordinances Title 1, Division 2, Chapter 1.

(7)

Statement that the addressee(s) of the notice/order to abate has a right to appeal the Enforcement Official's determination of a violation of this Title and/or imposition of administrative fines by filing a written notice of appeal with the issuing department within 30 calendar days of the date of notification of the notice/order to abate. Imposition of administrative fines will be stayed pending resolution of the appeal.

(8)

Statement that unless the owner and/or person in possession or control of the real property involved voluntarily abates a continuing violation of this Title or timely appeals the notice/order to abate, then the County may take action to abate a continuing violation of this Title.

(9)

Statement that the owner of the real property involved may be responsible for the cost of abatement. These costs will be calculated and provided to the owner in a statement of expenses.

(10)

Statement that the owner of the real property involved has a right to appeal the Enforcement Official's accounting of costs for abatement in writing within 30 calendar days of receiving the statement of expense. Collection pursuant to the statement of expense will be stayed pending resolution of the appeal.

(11)

Statement that if the owner of the real property involved fails to pay the cost of abatement, then a special tax may be assessed on the property tax of the real property involved which shall have the same priority as other taxes and be collected at the same time and manner as other County taxes.

(12)

Statement that in the event that the violation of this Title poses an imminent health, safety, or fire hazard the Enforcement Official may reduce the 30 calendar days' notice time and take action to abate pursuant to this Chapter.

(e)

Appeal of Determination of Violation. If the owner or other person in possession or control of the real property involved objects to the Enforcement Official's findings and conclusions in the notice/order to abate, the owner or person in possession or control may, within 30 calendar days of the date of notification of the notice/order to abate, file a written appeal with the County department that issued the notice/order to abate. The appellant shall then select a Hearing Officer pursuant to Division 3, Chapter 5 of this Code. The Hearing Officer shall conduct a hearing on the appeal pursuant to the Hearing Officer's Administrative Procedures.

(1)

The County's findings and orders in the notice/order to abate shall remain in full force and effect until modified or rescinded by the Enforcement Official or until modified, vacated, or superseded by order of the Hearing Officer.

(2)

If a timely appeal is filed, then the orders in the notice/order to abate shall be stayed pending such appeal.

(3)

The Board of Supervisors may, by resolution, establish a fee for filing an appeal pursuant to this section.

(4)

Within 10 days of the completion of the appeal proceeding, the Hearing Officer shall mail the final written decision on the appeal to the parties and the Clerk of the Board of Supervisors. The written decision shall be final and shall be enforceable 31 days after the Clerk of the Board of Supervisors receives the written decision. Receipt will be presumed to have occurred five days after the Hearing Officer mailed the decision.

(5)

If the Hearing Official's final written decision is in favor of the County and against the owner or person in control and possession of the real property involved, the costs incurred by the County in holding the hearing with the Hearing Officer or, alternatively, with an Administrative Law Judge from the Office of Administrative Hearings of the State of California, shall be added to the other costs of abatement and included in the statement of expense which may be billed to the owner.

(f)

Appeal of Hearing Officer's Decision. The Enforcement Official and/or the party that appealed the Enforcement Official's determination of violation(s) constituting a violation of this Title may appeal the Hearing Officer's written decision to the the Superior Court of the State of California. Receipt will be presumed to have occurred five days after the Hearing Officer mailed the decision.

(1)

The Hearing Officer's written decision shall be final unless a timely appeal is filed with the Superior Court of the State of California.

(2)

If a timely appeal is filed, then the Hearing Officer's written decision shall be stayed pending such appeal.

(Ord. No. 4632, § 26, 9-26-2023)

If an owner and/or person in possession or control of the real property involved has been found to have committed a violation of this Title and/or has failed to abate the violation and/or to comply with action(s) ordered in the notice/order to abate, by the Hearing Officer, or the Board of Supervisors, then the Enforcement Official may impose an administrative fine as follows:

(a)

Each violation of this Title is subject to an administrative fine, not to exceed $100.00 for a first violation; not to exceed $200.00 for a second violation of the same section of this Title within one year of the date of the first notice/order to abate, and not to exceed $500.00 for each additional violation of the same section of this Title within one year of the date of the first notice/order to abate.

(b)

In determining the amount of the fine up to the maximum possible fine the Enforcement Official may take into account the facts and circumstances of the violation, including without limitation the following relevant factors:

(1)

The number of violations included in the notice/order to abate;

(2)

The number of previous violations of the same or related type committed by the violator in the previous 24 months;

(3)

The good faith efforts of the violator to avoid and/or to address, correct, or abate the violation(s) of this Title;

(4)

The impact of the violation(s) on neighboring properties and the community;

(5)

The financial gain by the violator in violating this Title;

(6)

The seriousness of the violation; and/or

(7)

The deterrent value of the administrative fine.

(c)

Payment of the administrative fines in whole or part shall not excuse the failure to take the action(s) ordered in the notice/order to abate nor shall i0bt bar further enforcement action by the Enforcement Official.

(d)

The Enforcement Official may stay the imposition of the fine temporarily or reduce, suspend, or eliminate an administrative fine if they determine that:

(1)

Substantial progress is being made toward completing the action(s) ordered in the notice/order to abate and a stay, reduction, suspension, or elimination of the fine would further the goal of completing the action(s) ordered in the notice/order to abate; and/or

(2)

Circumstances exist that are either beyond the control of the violator or were unknown at the time the administrative fines were imposed; and/or

(3)

The correction of the violation is not feasible, and the violation does not present a threat to public health or safety.

(e)

Imposition of an administrative fine is in addition to any other remedies provided by County code or state law.

(f)

Nothing in this chapter shall prevent the District Attorney from commencing an action for a violation of this Title.

(g)

All administrative fines collected under the provisions of this Chapter, not including the reimbursement for costs of abatement pursuant to the statement of expense, shall be paid into the County treasury, to the credit of the general fund.

No provision in this Title precludes the property owner from entering into a settlement agreement with the Enforcement Official at any time

(a)

Criminal Penalties. Enforcement of violations of this Title may be subject to criminal penalties as follows:

(1)

Notice to Appear Citation. If an owner and/or person in possession or control of the real property involved has committed a violation of this Title and/or has failed to take the action(s) ordered in the notice/order to abate within the time allowed by the notice/order to abate, Hearing Officer, or Board of Supervisors, then law enforcement agencies or the Enforcement Official may issue a notice to appear citation to the owner and/or person in possession or control of the real property.

(2)

Infraction or Misdemeanor. Every violation of this Title is either an infraction or a misdemeanor and, regardless of the number of violations of any section of this Title, each violation may be charged as either an infraction or misdemeanor at the discretion of the District Attorney. Each day, or portion thereof, that the violation exists shall be a new and separate violation.

(3)

Infraction. If the violation is determined to be an infraction pursuant to subsection (b), multiple violations of the same section of this Title on the same property shall be punished as follows:

(A)

For the first violation, a fine of $100.00, plus any additional penalties assessed by the Court.

(B)

For the second violation of the same section within one year of the first violation, a fine of $200.00, plus any additional penalties assessed by the Court.

(C)

For the third and all subsequent violations of the same section within one year of the first violation, a fine of $500.00, plus any additional penalties assessed by the Court.

(4)

Misdemeanor. If the violation is determined to be a misdemeanor pursuant to subsection (b), the property owner shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as follows:

(A)

By a fine of not more than $500.00; or

(B)

By imprisonment in the County Jail for a term of not more than six months.

(5)

Action by County. Nothing in this Chapter shall prevent the District Attorney or County Counsel from seeking any legal or equitable relief permitted under law for any violation of this Title.

(b)

Civil Liability. There shall be no civil liability on the part of, and no cause of action shall arise against, any County official or personnel acting pursuant to this Chapter and within the scope of their authority.

Methods for correction or elimination of a violation of this Title are as follows:

(a)

Voluntary. The property owner and/or person in possession or control of the real property involved may voluntarily abate the violation of this Title at any time. That person may then request the Enforcement Official to inspect the real property involved to confirm the voluntary abatement. If upon inspection or other review of evidence the Enforcement Official determines that the violation of this Title has been abated, then the Enforcement Official will cease all enforcement actions under this Title. Voluntary abatement does not preclude the Enforcement Official, or any other party allowed by law, from pursuing legal or equitable action against the property owner and/or person in possession for the violation of this Title or from pursuing actual cost of all time, services, and materials associated with enforcement and/or abatement of the violation of this Title.

(b)

Involuntary. If the property owner and/or person in possession or control of the real property involved has failed to voluntarily abate any ongoing violation(s) of this Title within 30 days of the notice/order to abate, no appeal has been filed, or the final decision on appeal upholds the Enforcement Official's findings in the notice/order to abate, then the County may commence involuntary abatement. Involuntary abatement includes but is not limited to one or more of the following actions:

(1)

Seeking written consent to enter the real property to enter and perform work to abate the violation of this Title;

(2)

County Counsel or District Attorney commencing a civil action in the name of the people of the State of California to abate the violation of this Title pursuant to California Code of Civil Procedure 731; and/or

(3)

District Attorney commencing action to abate the violation of this Title pursuant to Title 1, Division 2, Chapter 1, of this Code.

(c)

Subsequent. Pursuant to California Government Code Section 25845.5, on a second or subsequent determination within two years from notice of a finding that an owner of property is responsible for a condition that may be abated in accordance with this Title, except for conditions abated pursuant to Health and Safety Code Section 17980, the property owner may be liable for triple the costs of the abatement.

(d)

Emergency. Notwithstanding any other provision of this Title, if the Enforcement Official determines that a violation poses an immediate threat of life, limb, health, property, safety, or welfare of anyone, the Enforcement Official may act to immediately notify the owner of the real property involved orally or in writing that the violation must be abated immediately.

(1)

If, despite diligent effort, the Enforcement Official is unable to notify the owner of the real property within a reasonable period of time, or after notification the owner has failed to abate the violation, the Enforcement Official may cause the abatement of the condition which poses an immediate threat.

(2)

Immediately following abatement, the owner of the real property involved shall be notified of the abatement.

(3)

The notice to the owner of the real property involved may include a Statement of Expense and a demand that the Statement of Expense be paid within 90 days of the date of notice.

The prevailing party in any civil action to abate a violation of this Title may recover reasonable attorney's fees and costs. No party's fees shall be awarded at an hourly rate greater than the hourly rate charged by the County for a Deputy County Counsel.

(a)

Recovery of Enforcement Costs. The County may be reimbursed for the actual cost of all time, services, and materials associated with voluntary and involuntary abatement of the violation of this Title. Reimbursement of these costs shall be in addition to and shall not limit the prevailing party's right to recover costs pursuant to Code of Civil Procedure Sections 1032 and 1033.5 or any other provision of law. If the Enforcement Official seeks reimbursement, then they shall compile the enforcement costs into a statement of expense, which shall be an itemized statement explaining all costs incurred by the Enforcement Official and any other County Department in abating any violation of this Title that the Enforcement Official seeks to recover.

(1)

Any time spent on enforcement that the Enforcement Official seeks reimbursement for shall be charged by County personnel at an hourly rate determined by the Enforcement Official.

(2)

Any costs of time, services, and/or materials spent on enforcement that the Enforcement Official seeks reimbursement for may be calculated from the time a violation of this Title is reported or discovered through and including successful abatement of the violation of this Title or any portion thereof.

(b)

Mailing to Owner. The statement of expense shall be mailed to the property owner of the real property involved with a demand for payment within 30 days of the date the statement was mailed.

(c)

Right to Appeal. The statement of expense shall advise the owner that they may appeal the statement of expense in writing within 30 days of the date the statement was mailed.

(d)

Nonpayment. If the owner does not pay the amount due under the statement of expense within the time specified by the Statement, Hearing Officer, or Board of Supervisors the Enforcement Official may request placement on the consent calendar of the Board of Supervisors for a resolution approving the amount due under the statement of expense or under the written decision of the Hearing Officer. The resolution shall direct the Auditor to cause a special tax lien to be assessed on the property tax of the subject property. Said assessment shall have the same priority as other taxes. A notice of release may not be recorded with the office of the County Recorder until all assessments for the cost of abatement are paid. When the assessment in question is collected, it shall be credited to the Community Development Department.

(e)

Lien on Property. If the tax lien has not been recorded prior to the transfer to the real property involved before the date on which the first installment of County taxes becomes delinquent, then the cost of abatement shall not be a lien on the property but shall be transferred to the unsecured roll for collection. For the purposes of this Section, a transfer must be to a bona fide purchaser for value

(a)

Appeal of Statement of Expense (Hearing Officer). If the owner of the real property involved objects to the statement of expense, the owner may, within 30 days of notification of the statement of expense, file a written appeal with the County department that issued the statement of expense. The appellant shall then select a Hearing Officer. The Hearing Officer shall conduct a hearing on the appeal pursuant to the Hearing Officer's administrative procedures.

(1)

The statement of expense will be final and owing unless a timely appeal is filed.

(2)

If a timely appeal is filed, then the requirement to pay the statement of expense shall be stayed pending such appeal.

(3)

The Board of Supervisors may, by resolution, establish a fee for filing an appeal pursuant to this section.

(4)

Within ten days of the completion of the appeal proceeding, the Hearing Officer shall mail the final written decision on the appeal to the parties and the Clerk of the Board of Supervisors. The written decision shall be final and shall be enforceable 31 days after the Clerk of the Board of Supervisors receives the written decision. Receipt will be presumed to have occurred five days after the Hearing Officer mailed the decision.

(5)

If the matter is resolved in whole or in part in favor of the County and against the appellant, the costs incurred by the County in holding the hearing with the Hearing Officer shall be added to the statement of expense.

(b)

Appeal of Hearing Officer's Decision. If the owner does not agree with the Hearing Officer's decision, the owner may file a written request to have the matter heard before the Board of Supervisors. Such written request must be filed with the Clerk of the Board within 30 days from the date of receipt of the Hearing Officer's decision. Receipt will be presumed to have occurred five days after the Hearing Officer mailed the decision.

(1)

The Hearing Officer's determination will be final unless a timely appeal is filed.

(2)

The Board of Supervisors may, by resolution, establish a fee for filing an appeal pursuant to this Section.

(3)

At the Board of Supervisors' hearing, the only issue shall be the amount of costs due to the County. The existence or nonexistence of a violation of this Title shall not be an issue.

(4)

The Board of Supervisors may, by resolution uphold, modify, or reverse the statement of expense. Any amount determined by the Board of Supervisors to be due under the Statement of Expense must be paid within 15 days from the date a copy of the Board's resolution is mailed to the owner.

(5)

If complete payment pursuant to the Board of Supervisor's resolution is not made within 15 days of the resolution, a copy of the resolution, and the Statement of Expense, shall be forwarded to the Auditor of San Joaquin County. The Auditor shall cause a special tax to be assessed on the property tax of the affected parcel. Said assessment shall have the same priority as other taxes. A notice of release shall not be recorded in the office of the County Recorder until all amounts stated in the resolution are paid. When the amounts stated in the resolution are collected, they shall be credited to the Community Development Department.

Late charges and interest may be charged for fines and/or the statement of expense not paid by the required date. These charges and interest, if any, shall be the same as those established by the Board of Supervisors for the Revenue and Recovery Department.

As an alternative to the procedures set forth in this Chapter the County may abate any violation of this Title by the prosecution of a civil action through the office of the County Counsel, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this Title or requiring compliance with other terms.

Nothing in this Chapter shall be construed as imposing on the Enforcement Official or the County any duty to issue a notice to abate any violation of this Title, nor to take any other action with regard to any violation of this Title, and neither the enforcing officer nor the County shall be held liable for failure to issue a notice of violation and order to abate any violation of this Title, nor for failure to take any other action with regard to any violation of this Title.